1. Scope of Application and Use

1.1 These Terms of Use shall apply to use of the JustWatch Partner Dashboard on the website (Link Dashboard) (hereinafter “Dashboard”) of the JustWatch GmbH (hereinafter “we“, “us“ or “JustWatch“).

1.2 The use of the Dashboard is intended for internal use of JustWatch Partners with an active account only (hereinafter “Users”).

1.3 An account will be created as follows: The first contact of a respective JustWatch Partner as stated in the contract will create an account with an E-Mail address and a password. This account will be the main account linked to the respective JustWatch Partner (hereinafter “Partner Account”). JustWatch Partner may have additional Users on the Partner Account. Additional Users will also have to sign up with their E-Mail and a password.

1.4 Users shall be granted a non-exclusive, non-transferable and revocable right to use the Dashboard.

1.5 The Dashboard shall be made available “as it is“ and “as available“ without any warranty whatsoever being provided explicitly or by implication. We expressly refuse to give any representations or warranties, including implied warranties of merchantability, applicability for a specific purpose, availability, safety, ownership or non-infringement of rights.

We do not warrant that the Dashboard is free of inaccuracies, faults, bugs or interruptions, or that it is reliable, faultless, complete and otherwise valid. We do not warrant that the Dashboard meets the User's requirements, that it will be available without interruption, or that the results of its use will be accurate or reliable, that the quality of the products, services, information or other material received via the Dashboard will meet the User's expectations, or that faults regarding the Dashboard will be rectified.

Use of the Dashboard shall take place at the User's own discretion and his/her own risk. The User shall bear sole responsibility for all damage or loss incurred as a result of his/her use of the Dashboard, including damage to his/her system or loss of data.

1.6 We reserve the right to make changes to the Dashboard at any time, limit or suspend the access of individual accounts and adapt and update these Terms of Use.

1.7 User is not permitted to:

• Copy, transfer, sell, sublicense or otherwise make the Dashboard available to a third party. This applies to both commercial and non-commercial purposes;
• alter, adapt, combine, modify, translate, decompile, disassemble or create derivative works of all or any part of the Dashboard other than to the extent permitted by law, without the prior written consent of JustWatch.

2. Liability

2.1 We preclude, insofar as permissible, all liability for indirect or accidental damage or loss, consequential damage or loss, lost profit, quantifiable pecuniary losses that arise from or in connection with the use of the Dashboard, regardless of whether such damage or loss is due to breach of contract, breach of warranty or tort (including, but not limited to, negligence and product liability) or to any other financial loss. In this respect, it is irrelevant whether or not the possibility of such damage or loss has been pointed out to the User.

2.2 This limitation of liability shall not apply to wrongful intent or gross negligence or to loss arising from injury to life, limb or health.

3. Service Content, Software and Copyright

3.1 Users acknowledge and agree that the Dashboard may contain information, materials, content or features, including software underlying the Website (“Service Content”) that are protected by copyright, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by JustWatch, Users agree not to modify, copy, reverse engineer, reverse assemble or otherwise attempt to discover any source code in the Dashboard, or to frame, scrape, rent, lease, loan, sell, assign, sublicense, distribute or create derivative works based on, or reproduce, display, publicly perform, or otherwise use the Service Content in any way for any public or commercial purpose or transfer any right or interest in the Dashboard, in whole or in part. In connection with the use of the Dashboard Users will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Dashboard and Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Dashboard or distributed in connection therewith are the property of JustWatch, our affiliates and our licensors. Any rights not expressly granted herein are reserved by JustWatch. If Users violate any part of this Terms of Use, the right to access and/or use the Service Content and Dashboard shall automatically terminate and Users shall immediately destroy any copies they have made of the Service Content.

3.2 Without prejudice to our other rights or remedies, we reserve the right to take legal proceedings against Users for reimbursement of all costs or losses resulting from the breach of this section of the Terms of Use, and to disclose such information to law enforcement agencies as we reasonably believe is necessary.

4. Data Privacy

We process personal data exclusively in accordance with the provisions of the General Data Protection Regulation and the relevant data protection laws. Detailed information on the processing of Users' personal data can be found in the Privacy Policy

5. Confidentiality

5.1 “Confidential Information“ shall be all information and documents of the respective other Party which are marked as confidential or are to be regarded as confidential due to the circumstances, in particular information displayed in the Dashboard.

5.2 The Parties agree to maintain confidentiality about such Confidential Information. The Parties shall treat all Confidential Information with at least the same care as their own information of the same kind. Items shall be stored and secured in such a way that knowledge and misuse by third parties are excluded. The obligations apply in particular to software and data. This obligation shall continue for a period of two years after termination of the Agreement.

5.3 Excluded from this obligation is such Confidential Information,

• which was demonstrably already known to the receiving Party at the time of conclusion of the Agreement or which subsequently becomes known to the receiving Party from a third party without violating a confidentiality agreement, statutory provisions or official orders;
• which are public knowledge at the time of conclusion of the Agreement or are made public thereafter, insofar as this is not based on a breach of this Agreement;
• which must be disclosed due to legal obligations or by order of a court or authority. To the extent permissible and possible, the receiving Party obligated to disclose shall notify the other Party in advance and provide the other Party with an opportunity to oppose such disclosure.

5.4 The Parties will provide access to Confidential Information only to those employees who have been given prior obligations equivalent to the confidentiality obligations of this Agreement. Furthermore, the Parties shall only disclose the Confidential Information to those employees who need to know it for the performance of this Agreement and shall also oblige these employees to maintain confidentiality to the extent permissible under employment law for the period after their departure.

5.5 The receiving Party is prohibited from obtaining Confidential Information by way of reverse engineering. “Reverse Engineering“ shall mean all actions, including observing, testing, examining, reassembling and, if necessary, reassembling, with the aim of obtaining Confidential Information.