Terms & Conditions (Allgemeine Geschäftsbedingungen — "AGB")

Julian Dokulil
Am Sonnenhang 44, 5161 Elixhausen, Austria

VAT ID (UID): ATU78436337

GISA / trade register no.: 36256464

Chamber membership: WKO

Contact: Tel.: +43 677 64861524 , E-Mail: office@jumado.at

Applicable trade regulations: Austrian Gewerbeordnung (GewO), available at ris.bka.gv.at

Supervisory authority: Bezirkshauptmannschaft Salzburg-Umgebung

(The information above also satisfies the disclosure duties under § 5 ECG and § 14 UGB.)

1. Scope and applicability (Geltungsbereich)

1.1 These Terms & Conditions ("T&Cs") govern all contracts between Julian Dokulil ("Creator") and the client ("Client") concerning the provision of video, photo, audio, editing, content-creation and related creative services ("Services").

1.2 These T&Cs apply in the version in force at the time the contract is concluded. The Creator may update the T&Cs for future contracts; an updated version does not affect contracts already concluded.

1.3 Priority of individual agreements. Terms contained in a signed or email-confirmed individual offer, statement of work, quotation or project contract concluded for the specific project in question ("Offer") prevail over any conflicting provision in these T&Cs. These T&Cs fill gaps in the Offer.

1.3a Scope of individual agreements. Individual Offers, contracts and side agreements apply only to the specific project for which they were concluded, unless the Offer or contract expressly states that it shall serve as a framework/master agreement (Rahmenvertrag) for future projects. Terms from previous, completed or one-off projects do not automatically apply to new projects, even between the same parties. Each new project is governed by its own Offer plus the version of these T&Cs in force at the time the new contract is concluded (see Section 1.2).

1.4 No counter-terms. Any conflicting or deviating general terms of the Client (e.g. purchase-order terms, vendor-portal terms) are expressly rejected and shall not apply, even if the Creator performs without contradiction. Deviations require the Creator's written confirmation.

1.5 Consumer / business distinction. Where the Client is a consumer within the meaning of § 1 Abs 1 Z 2 KSchG, the special rules in Sections 10, 14.3 and 16.4 apply and override any inconsistent provision. All other clauses apply equally to B2B and B2C Clients unless stated otherwise.

2. Contract formation (Vertragsabschluss)

2.1 Offers issued by the Creator are non-binding and subject to confirmation unless expressly marked as binding. A binding Offer lapses fourteen (14) days after its date unless otherwise stated.

2.2 A contract is concluded when the Client accepts an Offer in text form (email is sufficient) and the Creator confirms, or when the Creator starts performance with the Client's knowledge.

2.3 By accepting an Offer the Client confirms having read and accepted these T&Cs, which are linked in the Offer and available at www.jumado.at/terms-conditions. On request the Creator provides the T&Cs in PDF form.

2.4 Pre-contractual information duties under § 4 FAGG (for consumer distance and off-premises contracts) and § 5 ECG are fulfilled through the Offer, this document and the confirmation email.

3. Services and scope of work (Leistungsumfang)

3.1 The Services are defined in the Offer (concept, shoot days, number of deliverables, formats, resolution, run-time, delivery date, etc.). Anything not described in the Offer is not part of the agreed scope.

3.2 The contract is qualified as a contract for work and services (Werkvertrag, §§ 1151, 1165 ABGB). The Creator owes the result described in the Offer, not a specific creative outcome beyond that description.

3.3 The Creator performs the Services personally and with the care of a professional in the creative industry (§ 1299 ABGB) and may engage qualified sub-contractors (e.g. second camera, assistants, colourists) at its own responsibility.

3.4 Creative freedom. Within the agreed concept the Creator has reasonable creative latitude regarding framing, lighting, camera movement, selection of takes, edit, grade and sound design. The Client may provide a briefing and references, but no micro-management of creative choices beyond the revision mechanism in Section 8.

3.5 Raw / unedited material (camera originals, OCFs, RAW files, project files, session files, proxies) is a working tool of the Creator and is not part of the deliverables unless expressly purchased in the Offer.

3.6 Additional services (additional shoot days, travel, parking, additional locations, additional talent, rush delivery, additional formats/versions, voice-over, licensed music, graphics, translations, subtitles) not listed in the Offer are billed separately at the rates in Section 5.

4. Client obligations and cooperation (Mitwirkungspflichten)

4.1 The Client shall provide all information, briefings, approvals, access, materials and decisions that the Creator reasonably needs, on time and free of charge. Delays attributable to the Client extend delivery deadlines accordingly and may trigger additional fees under Section 5.4.

4.2 Client-provided materials. If the Client supplies logos, trademarks, music, stock footage, fonts, graphics, photos, scripts, voice-overs, AI-generated content or any other pre-existing material ("Client Materials"), the Client warrants that it holds all rights necessary for the Creator to use those materials for the contractual purpose, including any synchronisation, adaptation and online-distribution rights.

4.3 Talent, locations, permits. Where the Client brings talent, models, employees, extras, children, guests, animals, private or publicly-managed locations, vehicles, branded products or protected works into the production, the Client is solely responsiblefor obtaining in advance and in writing:

(a) model / talent releases covering the agreed use (including portfolio use under Section 12) and compliance with § 78 UrhG (Bildnisschutz) and Art 6 / 9 GDPR;

(b) location permits, filming permits, public-authority approvals, drone permits, insurance and health-and-safety arrangements;

4.4 The Client shall indemnify and hold harmless the Creator against any third-party claim (including reasonable legal fees) arising from (i) the use of Client Materials, (ii) missing or defective releases/permits under 4.3, or (iii) instructions given by the Client. Section 14 contains the details.

4.5 Health, safety, set conduct. The Client is responsible for conditions at Client-chosen locations and shall ensure that set, cast and crew conditions comply with Austrian ArbeitnehmerInnenschutzgesetz standards where applicable. The Creator may interrupt or abort a shoot without losing the fee claim if continuing would be unsafe or illegal.

5. Prices and payment (Preise & Zahlung)

5.1 Prices in the Offer are net and exclusive of statutory VAT (Umsatzsteuer), unless the Client is a consumer, in which case prices are quoted gross including VAT in accordance with the Austrian Preisauszeichnungsgesetz.

5.2 For cross-border B2B transactions within the EU, the reverse-charge procedure applies where the Client provides a valid UID/VAT ID. For Clients outside the EU, sales are generally not subject to Austrian VAT.

5.3 Default payment terms. Unless the Offer or contract stipulates otherwise, the full fee is due in a single instalment within fourteen (14) days of delivery of the final Services, against a proper invoice (§ 11 UStG). Payment shall be made by bank transfer to the account stated on the invoice; the date the amount is credited to the Creator's account is the date of payment.

5.4 Deviating payment schedules. The Creator frequently agrees individual payment schedules (for example 50 % deposit on booking / 50 % on delivery, or milestone billing). Any such schedule set out in the Offer or individual contract prevails over Section 5.3 (see Section 1.3).

5.5 Half-day and day rate. Where hourly or per-diem billing applies, the minimum half-day rate is € 350 net, the minimum day rate is € 700 net, each plus VAT, unless otherwise stated in the Offer. Any started half-day is billed as a full half-day.

5.6 Travel, subsistence, material costs. Travel time is charged at 50 % of the agreed day rate; travel at € 0.50 per km (or public-transport / flight at cost), accommodation and subsistence at cost, all plus VAT. Out-of-pocket expenses (props, licensed music, stock, couriers, storage, freelancers the Creator books through) are charged at cost plus a handling fee of 10 %.

5.7 No set-off, no retention of undisputed invoiced amounts by B2B Clients, except for counter-claims that are uncontested or finally adjudicated. This restriction does not apply to consumers.

6. Late payment (Zahlungsverzug)

6.1 B2B. If the Client is an entrepreneur (Unternehmer) or a legal person under public law, the Creator is entitled to statutory default interest pursuant to § 456 UGB of 9.2 percentage points above the base rate (Basiszinssatz) of the Oesterreichische Nationalbank applicable on the first calendar day of the relevant six-month period. As of 1 January 2026 the base rate is 1.53 %, resulting in a default-interest rate of 10.73 % p.a. Rates are updated biannually at oenb.at.

6.2 Flat-rate collection fee. In addition, the Creator is entitled to a flat collection-cost compensation of € 40 pursuant to § 458 UGB, without proof of actual damage and without reminder, as well as reimbursement of any further necessary and reasonable collection costs (reminders, debt-collection agency, lawyers) under § 1333 Abs 2 ABGB.

6.3 Consumer default. If the Client is a consumer, default interest amounts to 4 % p.a. under § 1000 Abs 1 ABGB. Reasonable and necessary collection costs are recoverable within the limits of § 1333 Abs 2 ABGB and § 6 KSchG.

6.4 Consequences of default. In the event of payment default of more than fourteen (14) days after written reminder the Creator may (i) suspend further Services, (ii) withhold delivery of files and access credentials, and (iii) revoke any usage rights granted under Section 11 until full payment is received (§ 11.1).

7. Delivery and acceptance (Lieferung & Abnahme)

7.1 Delivery dates stated in the Offer are target dates unless expressly marked as binding ("Fixtermin"). The Creator is not in default as long as the delay is attributable to the Client, to third parties engaged by the Client, or to force majeure (Section 17).

7.2 Delivery is effected by making the final files available via a download link, cloud share, WeTransfer, physical data carrier or any other channel agreed in the Offer. Risk of loss during electronic transmission passes upon making the files available at the agreed channel.

7.3 Acceptance (Abnahme). The Client shall inspect the deliverables within ten (10) working days of delivery and notify the Creator of any defect in text form. Absent such notification, the deliverables are deemed accepted. Use of the deliverables by the Client (publishing, broadcasting, posting) is in any case deemed acceptance.

7.4 For consumers the legal warranty regime (§§ 922 ff ABGB, VGG) remains unaffected.

8. Revisions and change requests (Korrekturen)

8.1 One revision round included. The base price in the Offer includes one (1) round of revisions per deliverable. A "round" means one consolidated set of written change requests from a single client contact, submitted within ten (10) working days of the first preview delivery.

8.2 Additional revisions. Any further rounds of revisions, any change request after the first round, any change of direction (concept change, re-edit, re-grade, re-shoot, change of music/voice-over, change of aspect ratio/format) will be billed at the minimum half-day rate of € 350 net per started half-day, or by a separate cost estimate if the work exceeds one day.

8.3 Scope change. Change requests that go beyond the Offer's scope (additional deliverables, additional formats, additional languages, additional versions) are treated as new orders and require a supplementary Offer.

8.4 Subjective taste is not a defect. Minor deviations in colour, framing, timing or look-and-feel that remain within the agreed briefing and industry standards are not grounds for rejection.

9. Cancellation and termination (Stornierung & Kündigung)

9.1 Cancellation by the Client — tiered fees. If the Client cancels a confirmed booking (shoot day, project start, event coverage) in whole or in part, the following cancellation fees apply, as a genuine pre-estimate of the Creator's lost opportunity, blocked capacity and preparation work:

Notice given before shoot / project start

Cancellation fee (of the total net fee)

more than 30 days

0 % — full refund of any deposit paid

30 – 15 days

25 %

14 – 7 days

50 %

less than 7 days or no-show

100 %

Already-incurred third-party and out-of-pocket costs (locations, gear rental, talent, travel bookings) are additionally reimbursable in full.

9.2 Postponement. One postponement to a date within ninety (90) days of the original date is possible free of charge if requested at least fourteen (14) days in advance and subject to the Creator's availability. Further postponements are treated as cancellations under 9.1.

9.3 Client's statutory right under § 1168 ABGB. The Client may at any time cancel the Werkvertrag; in that case the Creator retains the contractual fee less what the Creator saved by not performing or earned (or deliberately failed to earn) by other use of capacity. The tiered cancellation fees in 9.1 are an agreed, permissible concretisation of this rule.

9.4 Termination for cause. Either party may terminate the contract for cause (wichtiger Grund) at any time, in particular in cases of material breach, insolvency of the other party, or continued payment default after a fourteen-day grace period. Termination shall be in text form.

9.5 Consumer withdrawal. The cancellation fees in 9.1 apply without prejudice to a consumer's 14-day right of withdrawal under Section 10.

10. Consumer right of withdrawal (Rücktrittsrecht für Verbraucher) — FAGG

This Section applies only if the Client is a consumer (§ 1 Abs 1 Z 2 KSchG) and the contract is concluded as a distance contract or off-premises contract within the meaning of §§ 3 and 4 FAGG.

10.1 Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period expires 14 days after the day of conclusion of the contract.

To exercise the right of withdrawal, you must inform us — Julian Dokulil, Am Sonnenhang 44 - 5161 Elixhausen AT, office@jumado.at — of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached Model withdrawal form(Annex A), but it is not obligatory. Form and text requirements correspond to § 13 FAGG.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

10.2 Effects of withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw. Reimbursement will be carried out using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.

10.3 Early-performance waiver — loss of the right of withdrawal (§ 18 Abs 1 Z 1 FAGG)

Because most of our Services are commissioned urgently (shoot dates, event coverage, rush edits), you may expressly request that performance begins before the end of the 14-day withdrawal period. In that case Austrian law provides:

"I expressly request that Julian Dokulil begin the provision of the Services before the end of the 14-day withdrawal period. I acknowledge that I will lose my right of withdrawal under § 11 FAGG once the Services have been fully performed by Julian Dokulil."

If you tick the corresponding box in the Offer or sign the separate confirmation sheet, (i) the Creator may begin performance immediately, (ii) you lose your right of withdrawal once the Services have been fully performed (§ 18 Abs 1 Z 1 FAGG), and (iii) if you withdraw during performance you must pay a pro-rata amount proportional to what has already been performed at the time of withdrawal, calculated on the basis of the agreed total price (§ 16 Abs 1 FAGG).

10.4 Exclusions

The right of withdrawal does not apply to services produced to the consumer's specifications or clearly personalised (§ 18 Abs 1 Z 3 FAGG, applied by analogy to personalised creative services), for example wedding films/photos tailored to the individual couple, personalised portrait sessions, content produced to individual briefings.

10.5 Annex A — Model withdrawal form

Send to: Julian Dokulil, Am Sonnenhang 44 - 5161 Elixhausen - AT, office@jumado.at

— I/We () hereby give notice that I/We () withdraw from my/our (*) contract for the provision of the following service: ____________________

— Ordered on ()/received on (): ____________________

— Name of consumer(s): ____________________

— Address of consumer(s): ____________________

— Signature of consumer(s) (only if this form is notified on paper): ____________________

— Date: ____________________

(*) Delete as appropriate.

11. Usage rights and copyright (Nutzungsrechte & Urheberrecht)

11.1 Condition precedent. All rights granted under this Section arise upon full payment of all sums due under the contract. Before full payment the Client has no right of use; any use of previews or watermarked versions outside internal review purposes is a copyright infringement.

11.2 Austrian copyright framework. Under Austrian law copyright itself (Urheberrecht) cannot be assigned inter vivos (§ 23 UrhG); only usage rights can be granted. The following clause therefore grants usage rights, not copyright.

11.3 Grant of usage rights ("full buy-out"). Upon full payment the Creator grants the Client an exclusive, transferable, sub-licensable, geographically unlimited, time-unlimited and (within the limits of 11.4) content-unlimited right of work use ("Werknutzungsrecht" pursuant to § 24 Abs 1 UrhG) in the final deliverables, covering in particular:

(a) reproduction in any analogue or digital form (§ 15 UrhG);

(b) distribution, rental and lending (§ 16, § 16a UrhG);

(c) public performance, broadcasting, making available to the public via streaming, VOD, websites, apps and social media platforms (§§ 17, 18, 18a UrhG);

(d) editing, re-cutting, colour-grading, re-framing, re-formatting, creation of excerpts, derivative works, versioning in any aspect ratio, resolution, length or language, and synchronisation with other works (§ 5 UrhG);

(e) use for advertising, PR, internal purposes, trade-fair, B2B-sales and all commercial and non-commercial purposes;

(f) transfer of the above rights to affiliated companies, successors in title and acquirers of the Client's business.

11.4 Unknown future types of use (§ 24c UrhG). The grant expressly includes types of use that are unknown at the time of contract conclusion, to the extent permitted by § 24c UrhG and the case law thereon. The Creator hereby gives express written consent to such use and waives the right to separate remuneration under § 24c, unless a non-waivable statutory claim applies.

11.5 Reserved moral rights (Urheberpersönlichkeitsrechte, §§ 19–21 UrhG). The Creator's moral rights are non-transferable and cannot be fully waived under Austrian law. In particular the Creator retains:

(a) the right to be recognised as author (§ 19 UrhG);

(b) the right to decide on authorship designation for each use (§ 20 UrhG) — exercised in accordance with Section 13 below;

(c) the right to object to distortions, mutilations or other modifications that would prejudice the Creator's honour or reputation (§ 21 UrhG).

The Creator agrees not to invoke the right to be named under § 20 UrhG for uses in which naming is not customary (e.g. social-media posts, internal use, online ads), but retains § 21 UrhG in full.

11.6 Non-waivable statutory rights preserved. The Creator retains all non-waivable statutory rights, including but not limited to the right to fair remuneration (§ 37b UrhG), the "bestseller" adjustment right under § 37b UrhG where applicable, and the rights under § 40a UrhG (recall for non-exercise after 15 years for lump-sum buy-outs).

11.7 Raw material and source files. Raw footage, RAW photos, camera originals, project/session files, 3D source files, and unused takes are not covered by the grant and remain with the Creator. They may be purchased separately (pricing on request).

11.8 Third-party elements. Usage rights in third-party elements (licensed music, stock footage, fonts, voice-over artists) are passed on only to the extent the Creator itself holds them under the relevant third-party licence. Any additional licence cost shall be borne by the Client.

12. Portfolio and self-promotion (Eigenwerbung)

12.1 The Creator retains at all times — including after delivery and payment — the non-exclusive, worldwide, royalty-free rightto use the final deliverables (and behind-the-scenes material it created) as references, case studies and portfolio samples on the Creator's website, showreel, social-media accounts, printed portfolio, award submissions, pitches and newsletters.

12.2 Confidentiality exception. Section 12.1 does not apply where (i) the parties have signed a non-disclosure agreement that covers portfolio use, (ii) the Offer expressly restricts portfolio use, or (iii) the deliverables contain confidential, pre-release or embargoed content; in such cases portfolio use is subject to the Creator's separate written request and the Client's written consent (not to be unreasonably withheld once the embargo has lapsed).

12.3 Embargo. For unreleased campaigns, the Creator will observe a reasonable embargo up to the Client's first public release and in any event no longer than twelve (12) months from delivery, unless otherwise agreed.

12.4 The Creator may mention the Client's name and brand for the sole purpose of identifying the project in portfolio contexts.

13. Attribution and social-media tagging (Namensnennung & Verlinkung)

13.1 No general duty to credit. Except where expressly agreed in the Offer, the Client is not obliged to credit, name or tag the Creator when publishing or using the deliverables.

13.2 Tagging only for original deliverables. If the Client chooses to tag, mention or link the Creator on social media or elsewhere, the Client shall do so only in connection with the original, unedited deliverables as delivered by the Creator. Any tagging, mentioning or linking of the Creator in connection with content that the Client has subsequently altered — including but not limited to added filters, re-grades, crops, re-edits, AI-based modifications, text overlays, memes or collages — is not permitted, as this would falsely associate the Creator's name with work the Creator did not produce and would infringe § 21 UrhG (Werkschutz).

13.3 The Creator may request the removal of any tag/mention that violates Section 13.2 and, in cases of serious misrepresentation, claim injunctive relief and damages under §§ 81, 87 UrhG.

13.4 Where the Creator is named, the preferred credit is Julian Dokulil / @jumado.post / www.jumado.at unless otherwise agreed.

14. Third-party content and indemnification (Drittinhalte & Freistellung)

14.1 The Client's warranties in Section 4.2 and 4.3 are independent covenants. A breach entitles the Creator to suspend performance, terminate for cause and claim damages.

14.2 The Client shall indemnify, defend and hold harmless the Creator (including its sub-contractors) against any and all third-party claims, proceedings, damages, fines, penalties, settlement amounts and reasonable legal costs arising from or in connection with:

(a) Client Materials (logos, music, stock, fonts, AI-generated assets, scripts, graphics);

(b) talent, models, extras, employees, children, animals or guests introduced by the Client;

(d) statements, product claims or advertising representations dictated by the Client;

(e) the Client's own use, modification or distribution of the deliverables beyond the rights granted in Section 11.

14.3 Consumers. Indemnification obligations towards a consumer Client are limited to damages caused culpably by that consumer (§ 6 Abs 1 Z 9 KSchG); punitive or automatic no-fault indemnification does not apply.

14.4 The Creator shall notify the Client without undue delay of any third-party claim covered by Section 14.2, give the Client the reasonable opportunity to defend, and not settle without the Client's prior written consent (not to be unreasonably withheld).

15. File storage and archiving (Datenarchivierung)

15.1 Free storage period. The Creator stores raw footage, project and session files for three (3) months after delivery of the final deliverables. During this period the Client may request, against reasonable cost compensation, re-exports, minor versioning or transfer of purchased raw files.

15.2 After three months. After expiry of the three-month period the Creator is entitled — but not obliged — to delete raw and project files without further notice. Final delivered files are retained for the Creator's portfolio (Section 12) and, where required, for statutory tax-retention periods (§ 132 BAO, 7 years).

15.3 Extended archiving beyond three months is available on request against a separate fee (pricing on request based on data volume and storage medium). Extended archiving must be requested in text form before the three-month period ends.

15.4 The Creator maintains industry-standard back-up procedures but does not warrant perpetual availability of raw materials. The Client is strongly advised to back up final deliverables on its own systems upon receipt.

16. Liability and warranty (Haftung & Gewährleistung)

16.1 Warranty. The statutory warranty regime applies (§§ 922 ff ABGB, Verbrauchergewährleistungsgesetz where applicable). For B2B Clients the warranty period is shortened to six (6) months from delivery for movable works of the kind provided here, to the extent permitted by law. Obvious defects must be notified within ten (10) working days under § 377 UGB (B2B); hidden defects without undue delay after discovery.

16.2 Cure first. In case of a defect the Creator shall first be entitled to improvement or replacement within a reasonable period. Price reduction or rescission are secondary remedies under the statutory regime.

16.3 Liability cap for B2B Clients. For slight negligence (leichte Fahrlässigkeit) the Creator's liability towards entrepreneurs is limited to the net contract value of the specific project from which the claim arises, and in any event to € 50,000 per occurrence. Liability for indirect damages, loss of profit, loss of data, business interruption, reputational loss, third-party claims against the Client, and for consequential damages is excluded for slight negligence. Liability for gross negligence and intent is unlimited within the statutory framework.

16.4 Consumer Clients. Vis-à-vis consumers, liability for personal injury (life, body, health) and for damages caused by gross negligence or intent cannot be limited and is not limited by this Section. Limitations for slight negligence exist only within the narrow boundaries of § 6 Abs 1 Z 9 KSchG.

16.5 No guarantee of commercial success. The Creator does not warrant any specific commercial, marketing, reach, engagement or advertising result.

16.6 Limitation period. Claims for damages are subject to the statutory limitation periods (§§ 1489, 1490 ABGB).

17. Force majeure (Höhere Gewalt)

17.1 Neither party is liable for delay or non-performance caused by events beyond its reasonable control, including natural disasters, extreme weather preventing outdoor shoots, fire, flooding, pandemic, epidemic, government orders, war, terrorism, riot, strikes, power, telecom or internet outages, failure of essential sub-contractors or talent, sudden incapacitating illness or injury of the Creator, and grid-level cloud-service outages ("Force Majeure").

17.2 The affected party shall notify the other without undue delay and use reasonable efforts to mitigate. Delivery deadlines are extended for the duration of the Force-Majeure event plus a reasonable restart period.

17.3 If Force Majeure lasts more than sixty (60) consecutive days, either party may terminate the affected contract by text-form notice. The Creator is entitled to remuneration for work already performed up to the date of termination, plus unavoidable third-party costs already committed.

17.4 Creator's personal incapacity. If a shoot day must be rescheduled because of the Creator's sudden illness or injury, the Creator will offer a replacement date free of cancellation fees, or, where not feasible, procure a qualified substitute in agreement with the Client, or refund payments received for the cancelled shoot day (no further liability).

18. Data protection (Datenschutz)

18.1 The processing of personal data is governed by the EU General Data Protection Regulation (GDPR) and the Austrian Datenschutzgesetz (DSG). Details are set out in the separate Privacy Policy available at https://www.jumado.at/imprint.

18.2 Roles. The Creator acts as an independent controller for its own business processing (contract administration, invoicing, portfolio use, marketing). Where raw footage is shot under detailed Client instructions for the Client's purposes, the Creator may act as a processor (Auftragsverarbeiter) under Art 28 GDPR; in that case the parties shall conclude a separate Data Processing Agreement (DPA) before processing begins.

18.3 Images of identifiable persons. Where deliverables depict identifiable persons, lawful processing requires a valid legal basis under Art 6 (and, where applicable, Art 9) GDPR and compliance with § 78 UrhG. Obtaining such consents/releases is the Client's responsibility under Section 4.3, except for persons directly engaged by the Creator (e.g. Creator's own assistants).

18.4 Retention. The Creator stores personal data only as long as necessary for the contractual purpose, the retention periods in Section 15, and the statutory retention obligations (§ 132 BAO: 7 years for tax and invoicing data; § 207 BAO possibly longer).

18.5 Data subject rights. Data subjects may exercise their rights under Art 15–22 GDPR by contacting office@jumado.at. Supervisory authority: Österreichische Datenschutzbehörde, Barichgasse 40–42, 1030 Vienna (dsb.gv.at).

19. Confidentiality (Vertraulichkeit)

19.1 Each party shall treat as confidential all non-public information disclosed by the other party in connection with the contract (briefs, scripts, pricing, business plans, pre-release content, personal data). This obligation survives termination for three (3) years, and indefinitely for trade secrets under the UWG / Geschäftsgeheimnisgesetz.

19.2 Confidential information may be disclosed (i) to employees, sub-contractors and professional advisers on a need-to-know basis under equivalent confidentiality obligations, (ii) where required by law, court order or supervisory authority.

19.3 Portfolio use under Section 12 does not breach this clause to the extent it is permitted under Section 12.

20. Final provisions (Schlussbestimmungen)

20.1 Form. Amendments to the contract or these T&Cs, including of this clause, shall be made in text form (§ 886 ABGB; email is sufficient).

20.2 Severability. Should any provision of these T&Cs be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected. The parties shall replace the invalid provision by a valid provision that comes as close as possible to the commercial purpose of the invalid one.

20.3 Assignment. The Creator may assign its claims (including for invoice factoring) without consent. The Client may assign rights and obligations under the contract only with the Creator's prior written consent; for consumers this restriction does not apply to the extent it would contradict mandatory consumer law.

20.4 Governing law. These T&Cs and any contract based on them are governed by Austrian substantive law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers habitually resident in another EEA/EU state, this choice of law does not deprive them of the mandatory protections of the law of their country of habitual residence (Art 6 Rome I Regulation).

20.5 Place of performance. Place of performance is the Creator's registered seat, Elixhausen - AT.

20.6 Jurisdiction.

(a) B2B: For all disputes arising from or in connection with contracts governed by these T&Cs, the parties agree on the exclusive jurisdiction of the competent court for Salzburg, Austria (§ 104 JN).

(b) Consumers: The statutory places of jurisdiction under § 14 KSchG and Art 17–19 of the Brussels Ia Regulation (1215/2012) apply. A consumer may be sued only at the court of their domicile or habitual residence; the consumer may also sue the Creator there or at the Creator's seat.

20.7 ODR. Consumers have access to the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. The Creator is not obliged and not willing to participate in alternative dispute-resolution proceedings.

20.8 Language. These T&Cs are issued in English. If they are translated into any other language for the Client's convenience, the English version is authoritative in case of discrepancy.

20.9 Entire agreement. For each project, the entire agreement consists of the Offer concluded for that specific project and these T&Cs in the version in force at the time of contract conclusion. Together they supersede all prior oral or written representations on the subject matter of that project. Terms from earlier, completed or unrelated projects do not form part of this agreement unless expressly incorporated by reference. Side agreements require text form.

End of Terms & Conditions — version 1.1 — 21.04.2026