Terms of Service

Version: 6 August 2026

Welcome to elbu.

elbu is an internet-based software platform operated by elbu UG (haftungsbeschränkt) through which advertisers can manage digital advertising campaigns and Creators can participate in advertising campaigns. In particular, the platform enables the planning, management, execution and evaluation of advertising campaigns on livestreaming and other supported online platforms, as well as the provision of statistics, billing information and other campaign-related functions.

These Terms of Service govern the contractual relationship between elbu UG (haftungsbeschränkt) (hereinafter referred to as "elbu", "we" or "us") and all natural or legal persons using the platform (hereinafter collectively referred to as "Users" or individually as "you").

By registering a User Account or using the Platform, you agree to these Terms of Service. If you do not agree to these Terms, you may not use the Platform.

These Terms of Service are supplemented by our Privacy Policy and, where applicable, by additional policies, in particular the Creator Guidelines, Advertiser Guidelines or campaign-specific terms. Where such supplementary rules are expressly designated as part of these Terms of Service, they shall apply in their respective current version.

1. Scope

Subject Matter

These Terms of Service govern the use of all services, websites, applications, dashboards, application programming interfaces (APIs) and other digital services provided by elbu (hereinafter collectively referred to as the "Platform").

Contracting Party

The contracting party is:

elbu UG (haftungsbeschränkt)
Nagelsweg 22
20097 Hamburg
Germany

E-Mail: [email protected]

Further information about the provider is available in the Legal Notice at https://elbu.net/imprint.

Personal Scope

These Terms of Service apply to all Users of the Platform, in particular Creators and Advertisers.

Deviating Terms

Any deviating general terms and conditions of a User shall not apply unless elbu expressly agrees to their applicability in writing.

Supplementary Rules

The use of individual functions of the Platform may be subject to additional terms. These include, in particular, the Creator Guidelines, Advertiser Guidelines, campaign-specific terms or other supplementary agreements. In the event of any conflict, such supplementary provisions shall take precedence over the general provisions of these Terms of Service.

Eligible Users

The Platform is generally intended for entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) and for self-employed Creators. Creators who carry out their activities on a part-time basis or to a limited extent may also use the Platform, provided that they meet the necessary legal requirements, in particular a proper business registration or any comparable authorization required by law.

2. Definitions

Unless expressly provided otherwise in these Terms of Service, the following terms shall have the meanings set out below:

Account

The personal User Account of a User on the Platform.

API

A technical application programming interface through which data is exchanged between elbu and Third-Party Platforms or other systems.

Clip

A video excerpt automatically or manually created or stored in connection with a Campaign, including the associated metadata.

CPM

The remuneration per one thousand valid Impressions generated within a Campaign.

Creator

A User who publishes content on supported streaming or social media platforms and who may participate in advertising Campaigns through the Platform.

Dashboard

The password-protected area of the Platform through which Users can manage their Accounts, Campaigns, settings, statistics, billing and other functions.

Third-Party Platform

Any external service that can be connected to the Platform, in particular Twitch, Google, YouTube, TikTok or comparable services.

Impression

A delivery of an Advertising Placement within a supported platform that has been validly recorded in accordance with elbu's technical criteria.

Campaign

An advertising measure managed by an Advertiser or by elbu in which Creators may participate.

Campaign Results

All data collected or calculated in connection with a Campaign, including in particular Impressions, reach, clicks, viewer numbers, statistics, evaluations, Clips and other performance metrics.

User

Any natural or legal person using the Platform. Users may in particular be Creators or Advertisers.

Platform

The websites, applications, dashboards, application programming interfaces and other digital services operated by elbu.

Advertiser

A User who creates, manages or commissions advertising Campaigns.

Advertising Placement

The automated or manual display of advertising content as part of a Campaign.

3. Description of the Platform

Purpose of the Platform

elbu provides an internet-based software platform through which Advertisers can manage digital advertising Campaigns and Creators can participate in advertising Campaigns.

Scope of Services

The Platform enables, in particular, the management of advertising Campaigns, the automated delivery of Advertising Placements, the provision of statistics and Campaign evaluations, the management of remuneration and other related functions.

Depending on the applicable agreement, elbu either provides only the technical infrastructure of the Platform or additionally provides organizational services in connection with the planning, management or execution of individual Campaigns.

Creators and Advertisers

Creators may join open Campaigns, apply for public Campaigns or be invited to non-public Campaigns. Advertisers may create and manage Campaigns and manage the Creators participating in their Campaigns.

No Entitlement to Registration or Campaigns

There is no entitlement to registration of an Account, activation of a User profile, participation in Campaigns, invitations to Campaigns, execution of a Campaign or receipt of any specific number of Campaigns.

Each registration and participation in a Campaign may be reviewed, accepted or rejected by elbu at its reasonable discretion.

No Entitlement to Remuneration or Income

There is no entitlement to any specific turnover, remuneration or regular income. The amount of any potential remuneration depends in particular on the number and duration of Campaigns, the applicable Campaign terms, the agreed CPM, the Impressions achieved, the technical requirements, the validity of the Campaign Results and full payment by the respective Advertiser to elbu.

Further Development of the Platform

elbu continuously develops the Platform.

elbu is entitled to expand, modify, restrict or discontinue functions, provided that material contractual obligations are not thereby unreasonably impaired.

4. Registration and User Account

Registration

Use of the Platform requires the creation of a personal User Account.

Registration may take place using the authentication methods provided by elbu. These include, in particular, registration using an email address and registration via supported Third-Party Platforms such as Twitch or Google. elbu reserves the right to provide additional login methods in the future.

By completing the registration process, the User submits an offer to enter into a user agreement based on these Terms of Service.

Manual Activation

Each registration is individually reviewed by elbu.

There is no entitlement to activation of a User Account. elbu is entitled to reject registrations without stating reasons, unless mandatory statutory provisions provide otherwise.

The User Account will only be activated following express approval by elbu.

Registration Requirements

Users are required to provide all information requested during registration completely, truthfully and accurately.

If such information changes subsequently, it must be updated without undue delay in the User Account or communicated to elbu.

Minimum Age

Use of the Platform generally requires a minimum age of 18 years.

Persons who have reached the age of 16 but have not yet reached the age of 18 may use the Platform only with the prior consent of their legal representatives.

Persons under the age of 16 may not register.

Commercial Activity of Creators

Creators may use the Platform only if they are legally entitled to earn income from their activities and meet all legal requirements applicable thereto. This includes, in particular, a proper business registration or any comparable authorization required by law.

Compliance with tax, trade law and other statutory obligations is solely the responsibility of the Creator.

User Account Security

The User is required to keep their login credentials confidential and protect them against access by unauthorized third parties.

The User shall be responsible for all activities carried out through their User Account to the extent that such activities are attributable to the User.

If unauthorized access is suspected, the User must notify elbu without undue delay.

Multiple User Accounts

Operating multiple User Accounts is generally permitted.

However, elbu reserves the right to merge, restrict or suspend multiple User Accounts belonging to the same person if Platform functions are thereby misused or Campaign Results are manipulated.

Administrative Access

For the purpose of providing support services, troubleshooting, conducting security reviews or complying with legal obligations, elbu may access User Accounts to the extent necessary.

Such access shall be limited to authorized persons and only to the extent necessary for the respective purpose.

5. Linking External Accounts

Supported Third-Party Platforms

To use certain functions, Users may link accounts from external platforms to their User Account.

Currently supported platforms include, in particular, Twitch, Google and YouTube. elbu reserves the right to provide additional platforms or integrations in the future.

Required Permissions

By linking an external account, the User grants the permissions required to provide the respective function.

The scope of these permissions depends on the respective platform and the access rights expressly authorized by the User.

Use of Provided Data

Data provided through linked Third-Party Platforms is processed exclusively for authentication, verification, execution of Campaigns, provision of Platform functions, creation of statistics and fulfillment of the services requested by the User.

Further details regarding the nature and scope of data processing are set out in the Privacy Policy.

Changes by Third-Party Platforms

elbu has no influence over changes to the application programming interfaces (APIs), authentication procedures or terms of service of external platforms.

Where changes by a Third-Party Platform affect individual functions of the Platform, elbu is entitled to modify, restrict or discontinue the respective functions.

Revocation of Account Linking

The User may terminate the connection of an external account at any time, unless an ongoing Campaign or a statutory retention obligation prevents this.

Termination of the connection may result in certain Platform functions no longer being available in whole or in part.

6. User Profiles

Profile Types

Following successful registration, the User may choose between a Creator Profile and an Advertiser Profile.

The profile type may be changed in accordance with the functions provided by elbu.

Creator Profile

Creators may, in particular:

• join open Campaigns,
• apply for public Campaigns,
• accept invitations to private Campaigns,
• manage their streaming and Campaign settings,
• view statistics and Campaign Results,
• manage payouts, and
• use additional functions provided by elbu.

Advertiser Profile

Advertisers may, in particular:

• create Campaigns,
• manage Campaigns,
• define budgets,
• invite Creators to Campaigns,
• accept or reject applications,
• add, remove or exclude Creators,
• view Campaign statistics, and
• use additional administrative functions provided by elbu.

Review of User Profiles

Both Creator and Advertiser Profiles are individually reviewed prior to activation.

elbu is entitled to request additional information or documentation where this is necessary for identity verification, fraud prevention, compliance with legal requirements or ensuring the proper operation of the Platform.

No Entitlement to Specific Functions

The scope of available functions may vary depending on profile type, Campaign, technical development status or other requirements.

There is no entitlement to any particular function or future extension of functions.

7. Campaigns

Creation of Campaigns

Advertisers may create and manage advertising Campaigns through the Platform. elbu may provide support to Advertisers or perform individual administrative tasks on behalf of the Advertiser. There is no entitlement to the creation or execution of a Campaign.

Participation in Campaigns

Creators may join open Campaigns, apply for public Campaigns or accept invitations to private Campaigns. Whether a Creator may participate in a Campaign depends on the applicable Campaign terms as well as the decisions of the Advertiser and elbu.

Participation in a Campaign establishes a contractual relationship between the Creator and elbu on the basis of these Terms of Service and the respective applicable Campaign terms. No separate agreement between the Creator and the Advertiser is thereby created.

Campaign Terms

Each Campaign may contain individual terms. These may include, in particular, the Campaign duration, available budget, permitted streaming categories, participation requirements, technical requirements and other Campaign-specific requirements.

Unless otherwise agreed, these terms are determined by the respective Advertiser. elbu is entitled to create or modify Campaign terms on behalf of the Advertiser where this is necessary for execution of the Campaign.

The CPM paid to Creators is determined exclusively by elbu.

Acceptance and Termination of a Campaign

Creators may leave a Campaign or pause their participation at any time, provided that doing so does not violate any expressly agreed obligations.

Upon leaving or pausing a Campaign, further delivery of Advertising Placements for that Campaign shall cease or be suspended.

Termination by elbu

elbu is entitled to suspend, modify or terminate Campaigns in whole or in part at any time where there is a legitimate reason to do so.

A legitimate reason shall exist, in particular, where the Campaign budget has been exhausted, technical disruptions occur, legal or regulatory requirements make this necessary, these Terms of Service or other rules have been violated, or legitimate interests of the Advertiser, the Creator or elbu make continuation of the Campaign unreasonable.

No Entitlement to Campaigns

Neither Creators nor Advertisers are entitled to the execution, facilitation, continuation or successful completion of a Campaign. Likewise, there is no entitlement to any particular number of Campaigns, invitations or accepted applications.

8. Advertising Placements

Automated Advertising Placements

Advertising Placements are generally delivered automatically at the intervals specified for the respective Campaign.

The type, scope, frequency and timing of Advertising Placements are determined by the applicable Campaign terms and the technical capabilities of the supported platforms.

Management of Advertising Placements

Creators may pause or terminate Advertising Placements using the functions provided by elbu, provided that doing so does not violate any ongoing obligations under a Campaign.

Advertisers may manage, modify or terminate Campaigns and their Advertising Placements in accordance with the available functions.

elbu is entitled to modify, suspend or terminate Advertising Placements at any time where this is necessary for technical, legal, security-related or organizational reasons.

Permitted Advertising Content

Only advertising content that complies with applicable law and the policies of the respective supported platforms may be distributed through the Platform.

In particular, advertising content relating to illegal products or services, gambling, pornography, weapons, narcotics, extremist or anti-constitutional organizations, misleading or fraudulent offers and comparable unlawful or youth-endangering content is prohibited.

elbu is entitled to reject or remove advertising content or suspend its delivery at any time where there are reasonable doubts regarding its permissibility or compatibility with the Platform's quality standards.

9. Remuneration and Billing

General Principle of Remuneration

Creators receive remuneration for participation in Campaigns in accordance with the applicable Campaign terms.

Unless otherwise agreed, remuneration is calculated on the basis of a CPM determined by elbu.

Accrual of the Right to Remuneration

A right to remuneration shall arise only after the respective Advertiser has paid elbu in full for the relevant Campaign.

Until such time, there shall be no entitlement to payment, even if Campaign Results are already displayed in the Dashboard.

Payout

Payouts are currently made exclusively by bank transfer.

A payout may only be requested once the User's balance reaches at least EUR 20.00.

elbu reserves the right to provide additional payout methods in the future.

Self-Billing Procedure

Remuneration is processed using a self-billing procedure. Where required by law, elbu shall issue the corresponding self-billing invoices on behalf of the respective Creator.

The Creator is required to notify elbu without undue delay of any changes to their tax or billing information.

Subsequent Corrections

elbu is entitled to subsequently correct Campaign Results, statistics and billing statements where incorrect measurements, technical disruptions, changes to data from external platforms, invalid Impressions or other circumstances are identified that affect the accuracy of the billing.

Improperly Obtained Remuneration

Remuneration generated through fraudulent, manipulative or otherwise prohibited actions shall not create any entitlement to payment.

Amounts already paid may be reclaimed by elbu in whole or in part.

Further statutory or contractual claims, in particular claims for damages, shall remain unaffected.

Improperly Obtained Remuneration

Remuneration generated through fraudulent, manipulative or otherwise prohibited actions shall not create any entitlement to payment.

No Entitlement to Specific Income

The amount of remuneration generated depends in particular on Campaigns, budgets, valid Impressions, viewer numbers, technical requirements, Campaign duration and full payment by the respective Advertiser.

There is no entitlement to any specific turnover, regular income or participation in any particular number of Campaigns.

10. Statistics and Evaluations

Collection of Campaign Data

For the execution and evaluation of Campaigns, elbu processes Campaign-related data and performance metrics. These include, in particular, reach, Impressions, viewer numbers, clicks, Campaign histories, video Clips, chat histories and other information collected or provided in connection with a Campaign.

Where necessary, analyses or evaluations from supported Third-Party Platforms provided by Creators may also be included in the Campaign evaluation.

Provision of Statistics

elbu provides Creators and Advertisers with statistics and evaluations within the scope of the respective functions available on the Platform.

The scope of the statistics provided may be changed or expanded at any time.

Historical Campaign Data

elbu is entitled to store Campaign Results and historical performance data permanently to the extent necessary for provision of the Platform, documentation of Campaigns, quality assurance, troubleshooting, fraud prevention or compliance with legal obligations.

Anonymized Evaluations

elbu is entitled to permanently anonymize, aggregate and statistically evaluate Campaign data.

The resulting anonymized data may be used, in particular, to create market analyses, benchmarks, statistics, product improvements, scientific evaluations and anonymized case studies.

It is not intended for such data to enable conclusions to be drawn about individual Users.

11. Rights of Use

Rights of the User

All rights to content provided by a User generally remain with the respective User or rights holder.

Use of the Platform does not transfer any exclusive rights of use to elbu unless expressly provided otherwise in these Terms of Service.

Grant of Rights of Use

The Creator grants elbu a non-exclusive, non-sublicensable, irrevocable, geographically unrestricted and perpetual right to use Clips, screenshots and other Campaign documentation automatically created or uploaded as part of a Campaign. The rights granted shall be used exclusively for execution of the Campaign, documentation, quality assurance, anonymized evaluations, references and case studies.

Public Display

The User agrees that elbu may use publicly available information within the Platform and for reference purposes.

This may include, in particular, channel names, profile pictures, logos, platform names, Campaign Clips, reach metrics and other publicly available information.

Case studies shall only be published in anonymized form unless separate consent has been provided for publication of personal information.

Rights of Advertisers

Advertisers grant elbu, for the duration of the respective Campaign, the rights of use necessary with respect to brands, logos, advertising materials and other content provided for execution of the Campaign.

Such rights are granted exclusively for the purpose of executing the respective Campaign.

In addition, the Advertiser grants elbu a non-exclusive, non-sublicensable, revocable, geographically unrestricted and perpetual right to use brands, logos, advertising materials and other content contained in Clips created as part of the Campaign for references and case studies.

Rights to the Platform

All rights to the Platform, software, algorithms, technical infrastructure, Dashboard, evaluation procedures, data models, designs, trademarks and all other components of the Platform shall remain exclusively with elbu or the respective licensors.

Unless expressly provided otherwise in these Terms of Service, no further rights are granted to the User.

12. Obligations of Users

General Duties to Cooperate

Users are required to use the Platform exclusively in accordance with these Terms of Service, applicable statutory provisions and the respective policies of supported Third-Party Platforms.

All information provided to elbu must be complete, accurate and up to date.

Cooperation in Campaigns

Creators undertake to perform Campaigns in accordance with the respective applicable Campaign terms and to maintain all technical requirements necessary for this purpose throughout the Campaign period.

Advertisers undertake to create Campaigns completely and truthfully to the best of their knowledge and to provide only content for which they possess the necessary rights.

Compliance with Applicable Requirements

Each User is solely responsible for complying with all statutory, tax, trade law and platform-specific requirements applicable to them.

This includes, in particular, the terms of service of supported Third-Party Platforms and statutory requirements relating to the labeling of advertising.

Duty to Report

Users are required to notify elbu without undue delay if they become aware of security incidents, unauthorized account access, attempted manipulation or other circumstances that could impair the secure operation of the Platform.

13. Prohibited Use

The Platform may only be used for its intended purpose.

In particular, the following are prohibited:

• artificially increasing Impressions, clicks, viewer numbers or other Campaign Results;
• using viewbots, followbots, clickbots or comparable automated systems;
• purchasing or selling artificial reach or interactions;
• manipulating statistics, Campaign Results or billing;
• circumventing technical protection measures or security mechanisms;
• reverse engineering, decompiling or otherwise analyzing the Platform, unless mandatorily permitted by law;
• misusing or manipulating application programming interfaces (APIs);
• transferring or making unauthorized use of another person's User Account;
• creating or using User Accounts for fraudulent purposes;
• using the Platform to distribute unlawful, insulting, discriminatory, extremist or otherwise prohibited content;
• using the Platform to commit criminal offenses or infringe third-party rights.

If a User violates these provisions, elbu is entitled to take appropriate measures. These include, in particular, suspending Campaigns, temporarily or permanently suspending the User Account, correcting or invalidating Campaign Results, withholding or reclaiming remuneration already paid and asserting further statutory or contractual claims, in particular claims for damages.

14. Availability of the Platform

General Principle of Availability

elbu endeavors to provide the Platform with as few interruptions as possible. However, continuous, uninterrupted or error-free availability of the Platform is not guaranteed.

In particular, maintenance work, technical disruptions, security measures, legal requirements or events outside elbu's control may result in restrictions or interruptions.

Maintenance Work

elbu is entitled to temporarily restrict or suspend the Platform or individual functions where this is necessary for maintenance work, security measures, troubleshooting, technical development or other operational reasons.

Where possible, planned maintenance work will be announced to Users in advance.

Technical Requirements

The User is solely responsible for providing the technical requirements necessary to use the Platform.

These include, in particular, a suitable internet connection, compatible devices, current software versions and proper configuration of any Third-Party Platforms used.

No Guarantee of Specific Functions

elbu does not warrant that all functions will be available at all times or permanently.

Individual functions may be changed, expanded, restricted or permanently discontinued, provided that material contractual obligations are not thereby unreasonably impaired.

15. Third-Party Platforms and Application Programming Interfaces (APIs)

Integration of External Services

The Platform uses services and application programming interfaces provided by external providers in order to provide individual functions.

These include, in particular, Twitch, Google, YouTube, TikTok and other Third-Party Platforms supported by elbu.

No Responsibility for Third-Party Platforms

elbu has no influence over the technical availability, functionality or content of external platforms.

Changes to the terms of service, application programming interfaces, authentication procedures or technical functions of such Third-Party Platforms may affect individual functions of the Platform.

Any resulting restrictions shall not give rise to claims against elbu.

Changes to External Services

elbu is entitled to modify, restrict or discontinue functions where this becomes necessary due to changes made by external platforms or their application programming interfaces.

This includes, in particular, changes to API permissions, authentication procedures, technical specifications or terms of service.

No Liability for Third-Party Outages

elbu shall not be liable for outages, interruptions, incorrect data or other restrictions attributable to Third-Party Platforms or their technical systems.

This applies in particular to outages or restrictions affecting Twitch, Google, YouTube, TikTok, Cloudflare, hosting providers or other external service providers, to the extent that elbu is not responsible for them.

16. Support

Support Services

elbu provides Users with a ticket system through the official Discord server.

Support requests may be submitted at any time.

Nature of Support

Support is provided in particular for assistance with technical problems, questions regarding use of the Platform and Campaign-related matters.

There is no entitlement to consulting services, individual project support or any particular solution to a problem.

Response Times

There are no fixed service or response times for support requests.

elbu endeavors to process all requests within a reasonable period of time.

The order in which requests are processed depends in particular on urgency, complexity and available capacity.

Duties to Cooperate

The User is required to describe support requests as fully as possible and provide all information necessary to process the request.

Where necessary, elbu may request additional information or documentation.

Changes to Support Channels

elbu is entitled to add, modify or discontinue support channels at any time.

17. Contract Term, Suspension and Termination

Commencement of the Agreement

The user agreement between the User and elbu is concluded upon activation of the User Account by elbu and is entered into for an indefinite period.

Ordinary Termination by the User

The User may terminate the user agreement at any time without stating reasons by requesting deletion of their User Account or using the respective function provided within the Platform.

Termination shall not affect any rights or obligations of the parties that have already arisen.

Suspension and Termination by elbu

elbu is entitled to temporarily suspend User Accounts or terminate the user agreement with immediate effect where there is good cause.

Good cause exists, in particular, where:

• these Terms of Service, supplementary rules or applicable law are violated;
• false or misleading information has been provided;
• manipulation of Campaigns, statistics or remuneration is identified;
• the security or functionality of the Platform is endangered;
• legitimate interests of other Users, Advertisers or elbu are materially impaired; or
• other circumstances exist that make continuation of the contractual relationship unreasonable.

Consequences of Termination

Upon termination of the agreement, the right to use the Platform ends.

Statutory retention obligations and provisions of these Terms of Service which by their nature continue to apply following termination shall remain unaffected.

18. Liability

Liability of elbu

elbu shall be liable without limitation for damages caused intentionally or through gross negligence and for injury to life, body or health.

In the event of a slightly negligent breach of material contractual obligations (cardinal obligations), elbu's liability shall be limited to damages that are typical for the contract and reasonably foreseeable.

In all other respects, liability on the part of elbu for slight negligence is excluded.

Liability under mandatory statutory provisions, in particular under the German Product Liability Act or other mandatory statutory grounds of liability, shall remain unaffected.

Liability for Third-Party Platforms

elbu assumes no liability for restrictions, loss of data, malfunctions or other impairments caused by Third-Party Platforms, their application programming interfaces or other external services.

This applies in particular to changes or outages affecting Twitch, Google, YouTube, TikTok, Cloudflare, hosting providers or other technical service providers.

No Guarantee of Campaign Success

elbu does not warrant that Campaigns will achieve any particular commercial success or any particular number of Impressions, clicks, reach or revenue.

Likewise, elbu does not guarantee the facilitation of Campaigns or participation in any particular Campaign.

Data Backup

Although elbu implements appropriate technical and organizational measures to protect the Platform, complete availability or freedom from errors cannot be guaranteed.

Users are solely responsible for maintaining appropriate backups of their own data and content.

19. Indemnification

Indemnification Obligation

The User undertakes to indemnify and hold harmless elbu, its legal representatives, employees, agents and affiliated companies against all claims asserted by third parties arising from a culpable breach by the User of these Terms of Service, statutory provisions or third-party rights.

The indemnification obligation includes, in particular, reasonable costs of legal defense, including court and legal fees.

Infringement of Third-Party Rights

The User represents that they possess all rights necessary for use of the Platform and execution of Campaigns.

This applies in particular to rights relating to trademarks, logos, images, videos, music, advertising materials and other content.

Manipulation

If a User causes damage to elbu, Advertisers or other third parties through fraudulent or manipulative acts, the User shall be required to compensate all resulting damages.

This applies in particular to manipulated Campaign Results, artificially generated reach, click fraud, viewbots or comparable conduct.

Reclaiming Improperly Paid Remuneration

Remuneration paid without entitlement may be reclaimed by elbu in whole or in part.

Further statutory or contractual claims shall remain unaffected.

20. Confidentiality

Confidential Information

Users undertake to treat as confidential all non-public information that becomes known to them in connection with their use of the Platform.

This includes, in particular, technical information, source code, program logic, algorithms, evaluation procedures, internal documentation, trade secrets, Campaign plans, budgets, remuneration models, billing information and other confidential information belonging to elbu or other Users.

Public Communication

Users undertake not to publicly disclose or make available to third parties non-public information concerning Campaigns, remuneration, CPMs, internal functions, technical processes or other confidential information belonging to elbu or Advertisers without prior consent.

Statutory disclosure obligations and legitimate disclosures to authorities, courts or tax advisers shall remain unaffected.

Use of Confidential Information

Confidential information may be used exclusively for the contractual use of the Platform.

Disclosure to third parties or use for the User's own or another person's commercial purposes is prohibited without elbu's prior written consent.

Exceptions

The confidentiality obligation shall not apply to information:

• that is already publicly known or becomes publicly known without a breach of these Terms of Service;
• whose disclosure is required by law; or
• whose disclosure is made pursuant to a court or regulatory order.

To the extent legally permissible, elbu must be notified without undue delay prior to such disclosure.

Continuing Effect

The confidentiality obligation shall continue to apply after termination of the user relationship.

21. Data Protection

Processing of Personal Data

Personal data is processed in accordance with elbu's applicable Privacy Policy.

The Privacy Policy explains, in particular, the nature, scope and purposes of the processing of personal data as well as the rights of data subjects.

The current version is available through the Platform and forms part of the use of the Platform.

Processing Within the Platform

To the extent necessary for provision of the Platform, execution of Campaigns, payment of remuneration, communication with Users or compliance with legal obligations, elbu processes personal data in accordance with applicable data protection laws.

Further details are set out in the Privacy Policy.

22. Amendments to the Terms of Service

Amendments

elbu is entitled to amend or supplement these Terms of Service with effect for the future where there is an objective reason for doing so.

An objective reason exists, in particular, where:

• statutory or regulatory requirements change;
• court decisions require an amendment;
• new functions or services are provided;
• technical changes are implemented;
• security vulnerabilities are addressed; or
• the Platform's business model evolves.

Notification

Registered Users will be informed of material amendments to these Terms of Service in a timely and appropriate manner. Such information may be provided, in particular, by email, within the Dashboard or by means of a notice on the Platform.

Objection

Where an amendment materially affects the rights or obligations of Users, elbu shall expressly inform Users accordingly.

If the User objects to the amendment within the period specified in the notification and continuation of the contractual relationship under the unchanged terms would be unreasonable for elbu, elbu shall be entitled to terminate the user relationship as of the date on which the amendment enters into effect.

23. Final Provisions

Governing Law

The laws of the Federal Republic of Germany shall apply exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Place of Jurisdiction

To the extent legally permissible, the exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms of Service shall be elbu's registered office in Hamburg, Germany.

Contract Language

These Terms of Service are provided in German.

elbu may additionally provide translations into other languages. In the event of any conflict, discrepancy or doubt regarding interpretation, only the German version shall prevail.

Severability

Should any provision of these Terms of Service be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

The invalid or unenforceable provision shall be replaced by the legally permissible provision that most closely reflects the commercial purpose of the original provision. The same shall apply to any omissions in these Terms of Service.

No Assignment Without Consent

The User is not entitled to assign or transfer any rights or obligations arising from this user relationship, in whole or in part, to third parties without elbu's prior written consent.

elbu is entitled to transfer rights and obligations arising from this user relationship to an affiliated company or legal successor as part of a corporate restructuring, merger, sale or comparable transaction.

Force Majeure

Neither party shall be liable for delays or impediments to performance resulting from events outside its reasonable control.

Such events include, in particular, natural disasters, pandemics, war, terrorist attacks, strikes, governmental measures, telecommunications network outages, interruptions to energy supplies or comparable events of force majeure.

As soon as the impediment to performance ceases, the affected obligations shall be resumed without undue delay.

Waiver

Any failure by elbu to exercise or enforce individual rights under these Terms of Service shall not constitute a waiver of such rights.

Likewise, a single or partial exercise of a right shall not preclude its subsequent full exercise.

Entire Agreement

These Terms of Service, together with the Privacy Policy and any expressly incorporated supplementary rules, constitute the entire agreement between elbu and the respective User concerning use of the Platform.

Any previous agreements or arrangements are superseded to the extent that they relate to the same subject matter.