Effective Date: May 1, 2025

Welcome to Martech Family! These Terms of Use (“Terms”) govern your access to and use of the website www.martechfamily.com and related services (collectively, the “Services”) provided by JdB Consulting (“JdB Consulting,” “we,” “us,” or “our”), with its address at Rheinsberger Str 20, 10435 Berlin, Germany. Martech Family is the brand name under which JdB Consulting operates its thought leadership magazine and community focused on the marketing technology industry.

1. Acceptance of Terms

Please read these Terms carefully before accessing or using the Services. They constitute a legally binding agreement between you and JdB Consulting.

BY ACCESSING, BROWSING, OR USING THE SERVICES, YOU AFFIRM THAT:

• YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS;
• YOU WILL COMPLY WITH THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS; AND
• YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION AND ARE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.

If you do not agree with any part of these Terms, you are prohibited from using or accessing the Services. The materials contained within the Services are protected by applicable copyright and trademark law.

IMPORTANT NOTE: These Terms contain provisions that limit JdB Consulting’s liability to you and require you to resolve disputes with us on an individual basis, not as part of a class or representative action (unless prohibited by law).

2. Changes to Terms

We may modify these Terms from time to time as we add new features or update our practices. When we make changes, we will update the Effective Date at the top of this page. If the changes are significant, we will aim to provide you with advance notice (e.g., through the Services or by email). Your continued use of the Services after the updated Effective Date constitutes your acceptance of the amended Terms.

3. Additional Terms

Certain features of the Services (e.g., events, awards programs) may be subject to additional terms and conditions. If applicable, these additional terms will be presented to you, and you must agree to them before using those specific features. These Terms and any additional terms will apply equally. If an additional term irreconcilably conflicts with these Terms, the additional term will prevail solely regarding the specific feature it governs.

4. Using the Services

• License Grant: Subject to your compliance with these Terms, JdB Consulting grants you a personal, revocable, non-exclusive, non-transferable, limited right to access and use the Services for your personal or internal business purposes only.
• Intellectual Property: The Services, including all information, graphics, text, images, video, audio, trademarks, logos, and other content (“Content”), are owned by or licensed to JdB Consulting and are protected by intellectual property laws. These Terms grant you only the limited rights described herein. No additional license or right in any trademarks, patents, trade secrets, or other intellectual property is granted by implication, estoppel, or otherwise.
• Monitoring: We reserve the right to monitor activity on the Services to the fullest extent permitted by applicable law, but have no obligation to do so.
• Termination: We may suspend or terminate your access to the Services, without notice and in addition to any other remedies, if we reasonably believe you have violated these Terms.

5. Your Account

Some Services may require you to create an account. If you create an account, you agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your information.
• Protect the confidentiality and security of your account credentials.
• Notify us immediately of any suspected or actual unauthorized use of your account by contacting Jean de Bressy at contact@jeandebressy.com. You are responsible for all activities that occur under your account.

6. Your Responsibilities

• Costs: You are solely responsible for any charges, fees, and other costs related to your use of the Services, including any charges from your internet or mobile service provider.
• Lawful Use: You must use the Services only for lawful purposes and in accordance with these Terms.
• Prohibited Conduct: You must not:
  • Damage, disable, overburden, or impair our servers or networks.
  • Interfere with any other party’s use and enjoyment of the Services.
  • Attempt to gain unauthorized access to the Services, our computer systems, or networks through hacking, password mining, or any other means.
  • Copy, modify, adapt, translate, reverse engineer, decode, or attempt to derive or gain access to any portion of the Services or its underlying source code.
  • Remove any copyright, trademark, or other proprietary rights notices.
  • Use any robot, spider, scraper, or other automated means to access or index the Services.
  • Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services (or any feature thereof) to any third party.
  • Reformat or frame any portion of the web pages that are part of the Services.
  • Collect personal information through the Services without our express prior written consent.
  • Use the Services to send unauthorized or unsolicited commercial or promotional content.

7. Accuracy of Content

The Content appearing on the Services may include technical, typographical, or photographic errors. JdB Consulting does not warrant that any Content is accurate, complete, or current. We may make changes to the Content at any time without notice, but we do not commit to updating the materials unless required by law. You may suggest revisions by contacting Jean de Bressy at contact@jeandebressy.com.

8. External Links

The Services may contain links to third-party websites and services (“Linked Services”), including social media platforms. These Linked Services are not under our control, and we are not responsible for their content, practices, or availability. The inclusion of a link does not imply endorsement by JdB Consulting. We do not investigate, verify, or monitor Linked Services. Your use of Linked Services is entirely at your own risk.

9. Disclaimer of Warranties

THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JDB CONSULTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. JDB CONSULTING DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JDB CONSULTING OR ITS SUPPLIERS, OWNERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, PROFIT, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

JDB CONSULTING’S MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES SHALL BE LIMITED TO ONE HUNDRED EUROS (€100.00) OR THE MAXIMUM AMOUNT PERMITTED BY GERMAN LAW, WHICHEVER IS LOWER.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES OR LIABILITY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LOCAL MANDATORY STATUTORY PROVISIONS, PARTICULARLY REGARDING LIABILITY FOR INTENT AND GROSS NEGLIGENCE UNDER GERMAN LAW, REMAIN UNAFFECTED.

You acknowledge that the limitations of liability set forth above are essential terms and that JdB Consulting would not provide the Services without your agreement to them.

11. Indemnification

You agree to indemnify, defend, and hold harmless JdB Consulting and its owners, employees, and agents from and against all claims, liabilities, damages, losses, expenses, costs of defense, and reasonable attorneys’ fees brought by any third party arising from or relating to: (a) your use of the Services in violation of these Terms or applicable law; or (b) any content or information you submit or transmit through the Services. JdB Consulting reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense. No settlement that affects the rights or obligations of JdB Consulting may be made without our prior written approval.

12. Governing Law; Dispute Resolution

These Terms and all matters related to the Services shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

If you are a consumer habitually resident in the EU, you also enjoy the protection afforded to you by mandatory provisions of the law of your country of residence.

You agree to resolve any dispute with us on an individual basis. Subject to mandatory applicable law (especially consumer protection laws), any claim or action arising out of or relating to these Terms or the Services must be brought exclusively in the courts located in Berlin, Germany, and you irrevocably consent to the personal jurisdiction of such courts.

• European Union Residents: If you are an individual consumer residing in the EU and cannot resolve a dispute with us directly, you have the right to submit a complaint through the European Commission’s Online Dispute Resolution platform: http://ec.europa.eu/consumers/odr. JdB Consulting is not obligated nor willing to participate in dispute settlement proceedings before a consumer arbitration board.

13. Electronic Contracting

Your use of the Services constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.

14. Termination of Terms

These Terms are effective until terminated. They will terminate automatically if you fail to comply with any provision. JdB Consulting may also terminate these Terms or modify/terminate your access to the Services at any time, for any reason, with or without notice. Sections concerning intellectual property, disclaimers, limitations of liability, indemnification, governing law, and other provisions that by their nature should survive termination will survive any termination of these Terms.

15. Claims of Copyright Infringement

We respect intellectual property rights. If you believe in good faith that your copyrighted work has been copied and is accessible via the Services in a way that constitutes copyright infringement under German law (Urheberrechtsgesetz – UrhG) or other applicable laws, please provide our designated contact person with the following information in writing:

1. Identification of the copyrighted work claimed to have been infringed.
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (e.g., URL).
3. Your contact information: name, address, telephone number, and email address.
4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information in the notification is accurate, and under penalty of perjury (where applicable by law), that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

Designated Contact for Copyright Notices:

• By Mail: JdB Consulting Attn: Copyright Notice (Jean de Bressy) Rheinsberger Str 20 10435 Berlin, Germany
• By Email: contact@jeandebressy.com (Subject: Copyright Infringement Notice)

Upon receipt of a compliant notification, we will take appropriate action, including removing or disabling access to the allegedly infringing material, in accordance with applicable law.

16. General Provisions

These Terms, along with any applicable additional terms, constitute the entire agreement between you and JdB Consulting regarding the Services. If any provision of these Terms is found to be invalid or unenforceable under German law, that provision will be interpreted to reflect the original intentions of the parties as closely as possible in accordance with applicable law, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. You may not assign these Terms without our prior written consent. We may assign these Terms freely. The official language of these Terms is English; any translations are provided for convenience only.

17. Contact Us

If you have any questions about these Terms, please contact Jean de Bressy at contact@jeandebressy.com or by mail at the address provided above.