Terms of use

General terms and conditions for the use of modsi (software as a service). They apply to the website, modsi control (browser and app), the modsiTV player apps and the web player.

1. Provider, scope, businesses

1.1 The provider is EX-IT GmbH & Co. KG, Bahnhofstraße 17, 63571 Gelnhausen (“modsi”, “we”). Only businesses (Unternehmer) within the meaning of § 14 BGB (Bürgerliches Gesetzbuch – German Civil Code), legal entities under public law or special funds under public law (öffentlich-rechtliche Sondervermögen) may become contractual partners (“Customer”). By registering, the registering person confirms that they are acting on behalf of a business and are authorised to represent it.

1.2 These terms apply exclusively. Deviating terms and conditions of the Customer shall not become part of the contract, even if we do not expressly object to them.

1.3 Persons whom a Customer invites to its company (administrators, store staff) use modsi in the name and under the responsibility of that Customer.

2. Services

2.1 modsi is software for managing content and playing it out on screens: uploading videos and images, playlists, overlays, schedules, screen groups, remote control, playback statistics and team management. The current scope of functions is set out in the description of features; functions marked as “in preparation” are not owed. The scope of each plan is set out in the price overview.

2.2 The software is provided as a service via the internet. For the term of the contract, the Customer receives the non-exclusive, non-transferable right to use modsi for its own business purposes and to install the player apps on its devices. Making it available to third parties, reverse engineering (unless permitted by law) or using it to operate a competing service is not permitted.

2.3 Availability: We endeavour to achieve server availability of 99% on a monthly average. The following do not count as downtime: announced maintenance windows (announced at least 24 hours in advance, generally outside normal business hours), disruptions of the internet or of the Customer’s devices, and circumstances beyond our control. The players continue to play content that has already been loaded even without a connection; we cannot guarantee permanent storage on the device, because the operating system or the browser may release cached data.

2.4 We continuously develop modsi further. Changes that do not materially restrict the agreed scope of functions are permitted; we will announce material restrictions at least six weeks in advance, and the Customer may then terminate the contract extraordinarily with effect from the date on which the restriction takes effect.

2.5 The following are not part of the services: televisions and devices, switching them on and off, volume, kiosk mode or automatic start of the app, the Customer’s internet connection, the suitability of a device for portrait mounting, and the creation of content.

3. Registration, account, security

3.1 Registration takes place on the website. The information provided must be accurate and up to date. Access credentials must be kept secret; the Customer ensures that invited persons receive only the rights necessary for their role and that persons who leave are removed. We recommend two-factor authentication or passkeys.

3.2 The Customer shall inform us without undue delay if it suspects misuse of its account. Actions performed via an account are attributed to the Customer, unless the Customer is not responsible for the misuse.

3.3 An account can be deleted at any time in the web application and in the app. If the person is the sole owner of a company with further members, they must first designate another owner or delete the company.

4. Trial

4.1 We no longer offer a free trial that starts when a company is created. Free test and pilot access is only available where individually agreed (clause 5.5).

4.2 A trial granted in the past was granted only once per account and per email address and ends automatically; it does not give rise to a paid contract without an express agreement. To prevent circumvention by deleting the account and registering again, we store an irreversible check value of the email address (see privacy policy).

4.3 After such a trial ends, the data is initially retained; new uploads, publications and pairings are blocked until a plan is agreed. Screens continue to show the most recently published content for 7 days, and a notice thereafter. If no plan is agreed within 90 days of the end of the trial, we will permanently delete the company with all data including the media; until then, the Customer may download its media in the application. The owners receive a reminder by email 14 days and 3 days before the deletion.

5. Prices, payment, licence slots

5.1 The Customer receives access to a plan on request: the contract for it is concluded by our offer and its acceptance or by the agreed order; we then set up the access (individual agreement, clause 5.5). The remuneration is based on the number of licence slots (screens) agreed and the plan agreed, payable monthly or annually in advance, plus any additional storage agreed. The prices stated in the offer or in the agreement apply; the price overview on the website serves as orientation. All prices are net prices plus statutory VAT. Prices may be provisional until the end of the pilot phase and are marked accordingly.

5.2 Every non-archived screen created in modsi occupies one licence slot, regardless of whether it is online; Apple TV, Android TV and the web player count equally. We make changes to the number of licence slots or the storage tier at the Customer’s request (clause 5.5); reductions are only possible to the extent that the slots in use or the storage in use permit.

5.3 Payment is made against invoice by bank transfer within the payment term specified in the offer or in the agreement. Where billing was set up via the payment service provider Stripe before this version of the terms (booking in the application or invoice from Stripe), it continues via Stripe until the end of the subscription or until it is switched to bank transfer. Invoices are provided electronically. If a payment fails or is not made, we will inform the Customer; if the grace period of 7 days (for payment against invoice: from the expiry of the payment term) expires without payment being made, new uploads, publications and pairings are blocked; existing content is retained. If payment remains outstanding for a further 30 days, we may terminate the contract extraordinarily.

5.4 We will announce price changes in text form at least six weeks before they take effect. They apply at the earliest from the contract period following the announcement. The Customer may terminate the contract until the changes take effect; otherwise the new price shall be deemed agreed. Increases require an objective reason (e.g. increased costs for hosting, payment processing or personnel) and are limited to a maximum of 10% per calendar year.

5.5 Individual agreements. We set out access to a plan with each Customer in an individual agreement; this also applies to the Enterprise plan, special conditions and free test and pilot access. The plan, number of licence slots, storage, price, billing interval, payment term and term of the contract are then set out in the agreement; we make changes to these at the Customer’s request, they cannot be booked by the Customer in the application. Insofar as an individual agreement deviates from these terms, the agreement takes precedence; in all other respects these terms apply.

6. Term and termination

6.1 Subscriptions booked in the application before this version of the terms run for the period booked (month or year) and are renewed for the same period in each case unless they are terminated with effect from the end of the current period. Termination is possible at any time in the application under “Plan & billing”.

6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists for us in particular if the Customer breaches clause 7 or 8 despite a formal warning, or if a breach is so serious that a formal warning cannot reasonably be expected.

6.3 After the end of the contract, no new content is played out; the players show a notice after 7 days. The end of the contract is the end of the term of a terminated subscription or the end of an individual agreement; mere payment arrears do not end the contract. The Customer may download its media in the application until the end of the contract and for a further 30 days. Thereafter – but at the latest when the Customer deletes the company – we will permanently delete all company data including the media; the owners receive a reminder by email 14 days and 3 days before the deletion. Statutory retention obligations for invoice data remain unaffected.

6.4 If the Customer deletes a company with an active subscription, the subscription ends immediately. Fees already paid for the current period will not be refunded; this is clearly pointed out before deletion.

6.5 Individual agreements (clause 5.5) run for the term specified therein; notice periods are set out in the agreement. The Customer terminates them via “Request cancellation” under “Plan & billing” in the application or in text form, for example by email to info@ex-it.eu; we confirm the termination, stating the end of the contract. Until then, the agreement continues unchanged.

7. Customer content

7.1 The Customer is solely responsible for all content that it or persons invited by it upload, design or play out (videos, images, texts, prices, overlays). We do not review content in advance and do not adopt it as our own.

7.2 The Customer warrants that it holds all necessary rights to each item of content, in particular copyright, related rights, trade mark rights and personality rights, and – if music is included – the necessary licences from the collecting societies (e.g. GEMA/GVL) for public performance on its premises. The remuneration for the public performance of music is not included in modsi’s prices.

7.3 Prohibited content. Content may not be uploaded or played out if it

• violates applicable law, in particular infringes the rights of third parties (copyright, trade mark rights, personality rights, trade secrets);
• is punishable under criminal law, glorifies violence, incites hatred or discrimination, displays extremist symbols or supports terrorism;
• is pornographic or endangers minors;
• constitutes misleading or unfair advertising or violates advertising law (e.g. the law on price indications or on the advertising of medicinal products, tobacco or gambling);
• contains malware or impairs the security or stability of the service.

7.4 The Customer grants us the non-exclusive right, limited to the term of the contract, to store, technically process (conversion, thumbnails) and reproduce the uploaded content and to transmit it to the players paired by the Customer – exclusively for the purpose of providing the services. We do not acquire any further rights.

7.5 The Customer is itself responsible for backing up its original files. modsi is not an archive.

8. Handling of illegal content (notice and action procedure)

8.1 modsi is a hosting service within the meaning of Regulation (EU) 2022/2065 (Digital Services Act, DSA). Any person may report content that they consider to be illegal via modsi.de/inhalte-melden or to info@ex-it.eu. Receipt will be confirmed.

8.2 We review reports in a timely, diligent and non-arbitrary manner. If the review shows that content is illegal or violates these terms, we may block or remove it, stop it from being played out on screens and, in the event of serious or repeated violations, temporarily suspend the account or terminate the contract. In choosing the measure, we take into account the severity of the violation and the legitimate interests of the Customer.

8.3 We will inform the Customer of any blocking or removal, stating the reasons: which measure we have taken, the facts and the legal basis or contractual provision on which it is based, and whether automated means were used (currently not the case). The Customer may object to the decision within 6 months of receipt of the notification via the contact form; we will then review it again and communicate the result. We will also inform the person who submitted the report of our decision.

8.4 If we suspect criminal offences that pose a threat to the life or safety of persons, we will inform the competent authorities. We may disregard abusive reports (manifestly unfounded or repeatedly groundless) for a reasonable period after a prior warning.

9. Indemnification

The Customer shall indemnify us against all claims of third parties based on content or use for which the Customer is responsible, including the reasonable costs of legal defence. We will inform the Customer without undue delay of any claims asserted and coordinate the defence with the Customer.

10. Customer’s obligations to cooperate

The Customer provides suitable devices (Apple TV, Android TV device or a device with an up-to-date browser), their power supply and a sufficient internet connection, keeps the player apps up to date, operates screens only in the manner approved by the manufacturer (in particular in the case of portrait mounting) and reports faults with the necessary details. For the web player, the Customer is responsible for the kiosk settings, sleep mode and screen saver of the computer.

11. Data protection and processing on behalf of the Customer

11.1 We process personal data in accordance with our privacy policy.

11.2 Insofar as the Customer processes personal data in modsi (such as employee data of its team members or persons in videos and images), we act as processor. The data processing agreement (annex) pursuant to Art. 28 of the General Data Protection Regulation (GDPR) forms part of this contract. It applies from the first processing on behalf of the Customer, i.e. from the creation of the company in modsi including any trial, until the company data has been deleted.

12. Warranty and liability

12.1 The statutory provisions apply to defects, subject to the following: No-fault liability for defects existing at the time the contract is concluded (§ 536a(1) BGB) is excluded. The Customer shall notify us of defects without undue delay.

12.2 We are liable without limitation in cases of intent and gross negligence, for injury to life, body or health, for fraudulent concealment of a defect, where we have assumed a guarantee, and under the Produkthaftungsgesetz (German Product Liability Act).

12.3 In the event of a breach of a material contractual obligation due to simple negligence (an obligation whose fulfilment is essential for the proper performance of the contract in the first place and on whose observance the Customer may regularly rely), our liability is limited to the foreseeable damage typical for this type of contract, but in no case exceeds the remuneration paid by the Customer in the twelve months preceding the event giving rise to the damage. In all other respects, liability for simple negligence is excluded.

12.4 We are liable for the loss of data only to the extent of the damage that would also have occurred if the Customer had properly and regularly backed up its original files. We are not liable for the Customer’s content, for damage caused by the Customer’s devices or internet connections, or for loss of profit from the playout.

13. Changes to these terms

We may amend these terms with effect for the future if this is necessary due to changes in the legal situation, case law, technical developments or new features and does not unreasonably disadvantage the Customer. We will notify the owners of changes by email at least six weeks before they take effect. If the Customer does not object by the time the changes take effect, they shall be deemed accepted; we will point out this consequence in the notification. In the event of an objection, either party may terminate the contract with effect from the date on which the changes take effect.

14. Apps from the App Store and Google Play

The apps are distributed via Apple’s App Store and Google Play. We alone are the contractual partner for the use of modsi; Apple and Google are not responsible for maintenance or support. The apps do not contain any purchase options; plans and billing are managed exclusively on the website. The Customer shall observe the respective terms of use of the platforms. For the use of the apps from the App Store, Apple’s standard Licensed Application End User License Agreement (apple.com/legal/internet-services/itunes/dev/stdeula) additionally applies; for the use of the apps from Google Play, the Google Play Terms of Service (play.google.com/about/play-terms) additionally apply.

15. Final provisions

15.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

15.2 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Gelnhausen, provided that the Customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law.

15.3 Should individual provisions be invalid, the remainder of the contract shall remain valid. The contractual language is German. Last updated: 20 October 2026.