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Terms & Conditions

1. Scope of Application

(1)These Terms & Conditions govern the use of the online tool “viiew CTV Planner” and "ctv-buchung" (hereinafter “viiew”), operated by esome advertising technologies GmbH Caffamacherreihe 7, 20355 Hamburg (hereinafter “esome”).
(2) viiew is directed exclusively at entrepreneurs within the meaning of § 14 BGB (businesses, self-employed persons, agencies, and legal entities acting in a commercial or professional capacity). By registering or booking a campaign, the user confirms that they are acting in such a capacity. Consumers within the meaning of § 13 BGB are not permitted to register or book campaigns via viiew.

(3) These T&Cs govern the contractual relationship between esome and the user. They do not govern the relationship between the user (advertiser) and the end viewers of the advertising content displayed on Connected TV platforms.

(4) Deviating or conflicting terms and conditions of the user shall not apply unless esome has expressly agreed to them in writing.

(5) The user accepts these T&Cs by activating the corresponding checkbox during the booking process.

By registering, logging in, or using viiew, you accept these Terms & Conditions.

2. Description of Services

(1) The viiew CTV planner is a web-based planning tool for creating and simulating Connected TV media plans.
(2) viiew offers, among others, the following features:

  • Creation of CTV media plans based on budget, target groups and inventory,
  • Calculation of impressions, CPM and estimated effective reach,
  • Saving of media plans in your account,
  • Sharing media plans with other registered users,
  • Comparing multiple stored CTV plans.

(3) Through viiew, users can additionally submit a reservation request for a CTV advertising campaign. The reservation process consists of the following steps:

  • The user configures the campaign (package, budget, campaign period, inventory) and uploads the video creative.
  • The user submits the reservation together with the required contact and billing details.
  • esome reviews the reservation and the uploaded creative for technical quality and compliance.
  • esome sends a written release and start confirmation (typically by email).

A binding contract is concluded only upon esome's written release and start confirmation. The submission of a reservation alone does not constitute a binding contract. esome reserves the right to reject reservations at its discretion, in particular if the creative does not meet technical or content requirements.

(4) Free access to the planning functionality may be restricted or adjusted in the future. Certain features (e.g. reach calculation, saving & sharing plans, campaign booking) require registration and login.

3. Registration and User Account

(1) To use advanced features, registration is required.
You must provide the following information:

  • Your name,
  • A valid email address,
  • A password of your choice.

(2) Optionally, you can provide:

  • The industry your company operates in,
  • Whether you have planned a CTV campaign before.

(3) For submitting a reservation, additional contact and billing information is required, including:

  • Company name,
  • First and last name,
  • Email address,
  • Billing address (street, house number, postal code, city),
  • VAT identification number (optional),
  • Campaign name (optional),
  • PO number / invoice reference (optional).

This information is used for invoicing and for communication regarding the reservation and the campaign.

(4) You agree to:

  • Choose a secure password and keep it confidential,
  • Use your account only within the permitted scope,
  • Not provide false or misleading information.

(5) There is no entitlement to registration.

4. Use of viiew

(1) viiew may only be used for your own media investment, budgeting or campaign planning purposes.
Using viiew for automated scraping, resale, benchmarking, or other abusive commercial purposes is prohibited.

(2) Analysis values such as impressions, CPM or reach are model-based calculations and may differ from actual campaign performance. They do not represent guaranteed results.

(3) esome reserves the right to modify or update functionalities, layouts or calculation methods at any time.

5. Saving & Sharing Media Plans

(1) You can save your created CTV plans in your user account.
(2) You may share saved plans with other registered users using the sharing function.
(3) You are responsible for ensuring that you do not share confidential or protected third-party information without authorization.
(4) esome assumes no liability for content you create, store or share within viiew.

6. Availability & System Operation

(1) esome strives to ensure high availability of viiew but does not guarantee uninterrupted operation.
(2) Maintenance work, security updates or technical issues may limit the use of viiew temporarily.

7. Costs

(1) Access to viiew is generally free of charge.

(2) The reservation of CTV advertising campaigns via viiew is subject to payment. Prices are displayed transparently before booking and include the applicable statutory VAT (currently 19% in Germany).

(3) An invoice will be issued and sent to the email address stored in the user account after successful booking, in accordance with § 14 UStG.
(4) esome may introduce paid features or expanded services in the future.
You will be notified in advance of any such changes.

8. Data Protection

(1) The handling of your personal data is governed by the Privacy Policy, which forms an integral part of these Terms & Conditions.
(2) Your data is used exclusively for operating viiew, managing user accounts and improving the services.
(3) Optional information (industry, CTV experience) is used to enhance product development and provide personalized user guidance.

#9. Intellectual Property Rights

(1) All content, data models, designs, structures, trademarks and logos within viiew are protected by copyright and other intellectual property laws.
(2) Any reproduction, distribution or use outside of viiew without prior consent from esome is prohibited.

(3) Users retain all rights to content they upload to viiew (e.g. video creatives, campaign data). By uploading, the user grants esome a non-exclusive, worldwide, royalty-free license to use, store, process, and distribute such content solely for the purpose of executing the booked campaign (including transmission to the relevant streaming platforms such as Netflix, Prime Video, Joyn, YouTube, and Twitch).

(4) The user warrants that they hold all necessary rights (including copyright, trademark, personality, and any required consents) to the uploaded content and that its use does not infringe any third-party rights or applicable law. The user indemnifies esome from any third-party claims arising from a breach of this warranty.

10. Liability

(1) esome is only liable for damages caused by intentional or grossly negligent conduct.
(2) For minor negligence, esome is only liable for breaches of essential contractual obligations, and then only for foreseeable damages.
(3) esome assumes no liability for:

  • the accuracy of forecast values (impressions, CPM, reach),
  • losses or damages resulting from decisions made based on viiew calculations,
  • data loss due to technical issues.

11. Termination

(1) You may delete your user account at any time by writing an email to mpd@esome.com.
(2) esome may suspend or delete your account if:

  • you violate these Terms & Conditions,
  • you provide false information,
  • you misuse viiew.

12. Changes to the Terms & Conditions

esome may amend these Terms & Conditions to reflect legal, technical or operational changes.
You will be informed of any significant updates.

13. Final Provisions

(1) German law applies.
(2) The place of jurisdiction—where legally permissible—is the registered office of esome.
(3) If any provision is invalid, the remaining provisions remain unaffected.