Terms of Service
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1. Scope and contracting party
These terms govern every contract for the production of scroll-driven landing pages ("worlds") between Top Gear Brains EOOD, 19 "27th July" Str., 9000 Varna, Bulgaria ("we") and the customer.
The offer is directed exclusively at businesses, legal entities under public law and public-law special funds. By placing an order the customer expressly confirms that they act in the course of their trade, business or profession. No contract is formed with consumers.
2. Formation of contract
The presentation on this website is not a binding offer. The customer makes a binding offer in the customer area at app.scroll-world.de by submitting the brief there and completing payment through our payment service provider.
The contract is formed when we confirm it by e-mail, at the latest when production begins.
3. Scope of services
The base price covers a world of up to six scenes in 16:9 landscape, consisting of the scene stills, the camera-flight and transition clips, the scroll engine, a ready-to-deploy HTML file and an integration guide for the system named by the customer.
One revision round after approval of the scene stills is included. It covers copy changes, scene order and scroll-pace tuning; it does not cover regenerating image material.
Optional additions are a native 9:16 portrait version, a seventh scene, expedited delivery and a pack of vertical short cuts. Their prices are shown in the customer area before checkout.
Hosting, operation, maintenance, copywriting, translation and integration into the customer’s website are not included.
4. Customer cooperation
The customer supplies the brief and any brand or image material and warrants that they hold the necessary rights to it. The customer indemnifies us against third-party claims arising from material they supplied.
If approval of the scene stills is delayed by more than ten working days, production pauses until we hear back and the delivery period is extended accordingly.
5. Delivery
Delivery takes place within five working days of approval of the scene stills, or within 48 hours where expedited delivery was booked.
Delivery is digital: the finished files are made available for download in the customer area, and the e-mail address held there is notified once they are ready.
6. Still approval and refund
Before video production begins the customer receives the scene stills of their world for approval. If they reject them we refund the full purchase price. No reason is required.
Once approval is given, video production starts and a refund is excluded, save for statutory warranty rights. Details are set out in our refund policy.
7. Rights of use
Upon payment in full we transfer to the customer the exclusive right, unlimited in territory, time and purpose, to use the scene stills and clips produced for them commercially, including the right to modify and to sub-license.
The scroll engine is third-party software licensed under the MIT licence; it is delivered together with its licence text and may be used accordingly.
We reserve the right to show the completed world as a work sample. If the customer objects we will not do so, at no change in price.
Delivery is white label: neither the scene stills and clips nor the engine, the HTML file or the integration guide carry any reference to us, and nothing in the bundle reports back to us. No attribution is required and none is to be preserved.
The customer is expressly permitted to offer the world produced for them under their own name, to resell it to third parties and to grant sub-licences. They are free to set their own price towards their clients. We do not contact the customer’s clients.
8. Prices and VAT
All prices are net and exclusive of statutory value added tax.
For services to businesses established in another EU member state that supply a valid VAT identification number, the reverse-charge procedure applies: liability for the tax passes to the recipient (Art. 44 and 196 of Directive 2006/112/EC). Customers established in Bulgaria are charged Bulgarian VAT.
Payment is made in advance through our payment service provider. An invoice is provided electronically.
9. How the imagery is produced
Scene stills and clips are produced using generative image and video models. That is part of the product and the reason for the price; we state it here plainly.
It follows from how these methods work that we do not warrant the uniqueness of the visual style against third-party work and we carry out no trade-mark or design-right clearance. Assessing whether the delivered imagery is usable in the customer’s market is the customer’s responsibility.
To produce the imagery we transmit the content of the brief to the generation service we use. Which service that is, is stated in our privacy policy.
10. Warranty and liability
We are liable without limitation for intent and gross negligence and for injury to life, body or health.
For ordinary negligence we are liable only where a material contractual obligation is breached, and then limited to the foreseeable damage typical of this type of contract, capped at the order value.
Liability for lost profit, lost savings or indirect damage is excluded.
11. Governing law and jurisdiction
The law of the Republic of Bulgaria applies, excluding the UN Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction for all disputes arising from this contract is Varna, Bulgaria, where the customer is a merchant, a legal entity under public law or a public-law special fund.
12. Final provisions
Should any provision be invalid, the remainder of the contract stays in force and the statutory rule takes the place of the invalid provision.
Amendments and side agreements require text form.