General terms and conditions for advertisers
These terms govern all advertising bookings with HYRESULT GmbH on hyresult.com, the HYRESULT app and HYRESULT social media channels.
HYRESULT GmbH
Innstr. 69b
94032 Passau, Germany
Managing directors: Sarah Stemmler, Sebastian Henneberg
Local court: Passau, HRB 13256
VAT ID: DE463138029
Contact: partner@hyresult.com
§ 1 Applicability and Conclusion of Contract
- These General Terms and Conditions (“Terms”) apply to all contracts between HYRESULT GmbH (“HYRESULT”) and its advertising customers (“Advertiser”) for advertising services. They apply only to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Bookings by consumers are excluded.
- Deviating or supplementary terms of the Advertiser do not become part of the contract, even if HYRESULT does not expressly object to them. This also applies to bookings made by advertising agencies; the agency is jointly and severally liable alongside the Advertiser.
- Presentations of advertising packages on the website, in media kits, price lists or presentations are non-binding. By booking and paying via the payment link, the Advertiser submits a binding offer.
- The Terms are displayed to the Advertiser before the booking is submitted: in the offer, on the booking page and on the payment page, each with a link. By booking, the Advertiser confirms that it has read and accepted them.
- The contract is concluded when HYRESULT sends a confirmation of the booking (“Booking Confirmation”) after receipt of payment. It states the package, placement, Campaign Period and price. HYRESULT may decline bookings without giving reasons, e.g. due to capacity, exclusivity commitments to other Advertisers or the content of the advertising. Amounts already paid will be refunded in that case.
- Placements are reserved upon receipt of full payment. If payment is not received in time under § 6 (2), HYRESULT may release the placement; no contract is then concluded, and amounts already received will be refunded.
§ 2 Services, Reporting and Usage Rights
- The type, scope, placement, share of voice, expected ad impressions and the period in which the services are provided (“Campaign Period”) are set out in the Booking Confirmation.
- Banner advertising is booked per calendar month unless agreed otherwise. The specific position of the banner within the booked placement is determined jointly with the Advertiser. HYRESULT does not use programmatic advertising. Exclusivity exists only if expressly promised in the Booking Confirmation.
- Content collaborations comprise the content, scope and publication date stated in the Booking Confirmation. HYRESULT retains editorial control and may decline content that does not fit its platform or audience.
- Figures on reach, ad impressions, clicks or engagement are non-binding estimates based on historical data. HYRESULT does not guarantee any specific number of clicks, conversions, sales or interactions. A minimum number of ad impressions is owed only if expressly guaranteed in the Booking Confirmation.
- During the Campaign Period, HYRESULT may make reasonable changes to the design, structure or technology of the website or app, provided the booked placement remains essentially equivalent.
- Ad impressions (displays of the advertising material counted by HYRESULT’s measurement system), clicks and other metrics are recorded by HYRESULT’s own measurement systems and are decisive for assessing performance. Ad blockers, browser settings and users’ consent decisions may reduce measurable delivery; HYRESULT is not responsible for this. The Advertiser receives access, via a unique link, to the HYRESULT Ad Reporting, which shows the ad impressions of the booked placement and the clicks on its advertising.
- The Advertiser grants HYRESULT a non-exclusive, worldwide right, limited to the Campaign Period, to use, reproduce, technically adapt and make publicly available the advertising materials to the extent necessary to perform the contract. HYRESULT may also use the advertising materials and the Advertiser’s name and logo to document the campaign (e.g. in reports); use as a reference is governed by § 9 (4).
§ 3 Advertising Materials and Approval
- The Advertiser delivers complete advertising materials in the technical specifications communicated by HYRESULT no later than at the time of booking, i.e. before payment via the payment link. If they are not delivered on time, are incomplete or do not meet the specifications, HYRESULT is not responsible for any resulting delays or limitations; the Campaign Period is not extended, and the full fee remains payable.
- HYRESULT may technically adjust advertising materials (e.g. format or file size) where necessary for display, without changing their content.
- For content collaborations, HYRESULT submits a draft to the Advertiser for approval. The fee includes one round of revisions unless agreed otherwise; further revisions may be charged separately.
- The Advertiser approves the draft or requests changes within 3 business days of receiving it; if it does not respond, the draft is deemed approved. Requested changes must be reasonable and must not impair HYRESULT’s editorial independence and credibility with its audience.
§ 4 Content, Rejection and Indemnification
- The Advertiser is solely responsible for the content and legality of its advertising materials and of the websites they link to. It warrants that the advertising materials do not infringe applicable law or third-party rights (in particular competition, trademark, copyright, personality, data protection and youth protection law) and that it holds all necessary rights, including the rights of persons depicted.
- Advertising for food, dietary supplements, sports nutrition, cosmetics, medical devices or health-related products must comply in particular with Regulation (EC) No 1924/2006 on nutrition and health claims (Health Claims Regulation) and the German Health Advertising Act (HWG). The Advertiser bears sole responsibility for all product claims.
- HYRESULT is an independent platform and has no affiliation with HYROX or its rights holders; HYRESULT is neither endorsed nor sponsored by them. Advertising materials must neither state nor imply such an affiliation and must not use HYROX trademarks or logos without the rights holder’s permission.
- HYRESULT may reject advertising materials or remove advertising already published if it is unlawful, misleading, offensive, discriminatory or damaging to reputation, promotes gambling, sports betting, tobacco, nicotine products, weapons, prohibited substances or substances banned in sport, or if a third party, authority or platform operator raises objections with comprehensible reasons. HYRESULT informs the Advertiser without undue delay and gives it the opportunity to provide compliant replacement materials.
- If the rejection or removal is based on a reason within the Advertiser’s sphere, its payment obligation remains unaffected, and no right of withdrawal under § 7 exists. If HYRESULT rejects a booking before the campaign starts for reasons the Advertiser is not responsible for, any amount already paid will be refunded in full.
- The Advertiser indemnifies HYRESULT against all claims asserted against HYRESULT by third parties or authorities because of the advertising materials, the linked websites or the advertised products, including reasonable legal defence costs at statutory rates. This does not apply if the Advertiser is not responsible for the infringement.
§ 5 Labelling
- HYRESULT labels all paid advertising content as such, e.g. as “Ad”, “Advertisement”, “Sponsored” or “Paid partnership”, in accordance with applicable regulations, in particular § 5a of the German Unfair Competition Act (UWG), § 6 of the German Digital Services Act (DDG) and § 22 of the German Interstate Media Treaty (MStV). HYRESULT determines the type and placement of the labelling. The labelling is placed directly on the respective advertising material, in the case of banners directly on the banner.
- Where required under Regulation (EU) 2022/2065 (Digital Services Act), HYRESULT displays the name of the Advertiser and of the party paying for the advertising. The Advertiser provides the necessary information on request.
§ 6 Prices, Payment and Binding Effect
- The prices stated in the Booking Confirmation apply, in euros plus statutory VAT. For Advertisers established in another EU member state, the reverse-charge procedure applies, provided they state a valid VAT identification number.
- Unless agreed otherwise, the entire fee must be paid in advance via the payment link provided by HYRESULT. Payment is processed by an external payment service provider; its terms apply additionally to the payment process. Payment is due upon submission of the booking. Payment must be received no later than 3 business days before the start of the Campaign Period. For bookings with a shorter lead time, only payment by an instant payment method is possible. HYRESULT is not obliged to begin the advertising services before full payment has been received.
- HYRESULT issues an invoice in accordance with § 14 of the German VAT Act (UStG). The invoice is generated through the payment service provider and can be downloaded directly.
- Bookings are binding once the contract has been concluded. Cancellation by the Advertiser is excluded, as is postponement of the Campaign Period. Refunds of fees already paid are made only in the cases of § 4 (5) and § 7.
- Chargebacks or payment reversals initiated without justified reason are not permitted; they entitle HYRESULT to suspend the advertising services and to charge the Advertiser for the resulting fees. The statutory right of termination for good cause remains unaffected.
§ 7 Service Disruptions, Withdrawal and Force Majeure
- If HYRESULT cannot provide the booked advertising services, or can provide them only to a substantially limited extent, for reasons within its sphere of responsibility (in particular technical failures), the Advertiser may withdraw from the contract. A substantial limitation exists in particular if the booked placement on hyresult.com or in the app is unavailable for more than 48 consecutive hours, if fewer than 80% of the ad impressions guaranteed in the Booking Confirmation are delivered in the Campaign Period, or if a booked content piece cannot be published within 14 days of the agreed date.
- Withdrawal requires that the Advertiser has first set HYRESULT a reasonable deadline of at least 7 days in text form to perform and that this deadline has expired without success. Within the deadline, HYRESULT may offer an equivalent replacement service (e.g. replacement placement, extension of the Campaign Period, new publication date). No deadline is required if performance is impossible or if HYRESULT seriously and definitively refuses to perform.
- If the advertising services have already been partially provided, withdrawal is limited to the part not provided, unless the partial performance is of no interest to the Advertiser. In the event of withdrawal, HYRESULT refunds the fee for services not provided pro rata within 14 days, via the original payment method or by bank transfer, without deducting payment service provider fees.
- The right of withdrawal does not exist if the Advertiser caused the disruption, in particular through late or non-conforming advertising materials (§ 3) or through a justified rejection or removal (§ 4). Withdrawal must be declared in text form. Further claims are governed by § 8; the Advertiser’s statutory rights remain unaffected.
- HYRESULT is not responsible for delays or failures caused by events beyond its reasonable control, in particular official orders and outages of hosting or network providers; the same applies to the cancellation or postponement of HYROX events. For the duration of such an event, HYRESULT’s performance obligations are suspended. HYRESULT informs the Advertiser without undue delay and offers a replacement service where possible. In this case paragraphs 1 to 4 apply accordingly; claims for damages are, however, excluded.
§ 8 Liability
- HYRESULT’s liability is governed by the statutory provisions. HYRESULT is liable without limitation in particular in cases of intent, gross negligence, injury to life, body or health, and under the German Product Liability Act.
- In cases of slight negligence, liability is limited to breaches of essential contractual obligations and to foreseeable damage typical for this type of contract, and in any case to the net fee of the affected booking. Indirect damage and lost profit are excluded in this case.
- These provisions also apply to HYRESULT’s employees, representatives and vicarious agents.
- Claims for damages against HYRESULT become time-barred within one year from the statutory start of the limitation period, except in the cases mentioned in paragraph 1.
§ 9 Data Protection and Confidentiality
- HYRESULT does not transfer personal data of its users to the Advertiser. Reports contain only aggregated, non-personal data.
- HYRESULT processes personal data of the Advertiser’s contact persons to perform the contract (Art. 6 (1) (b) and (f) GDPR). Details are set out in HYRESULT’s privacy policy.
- Both parties treat all non-public information received in connection with the contract as confidential, in particular prices, discounts, campaign data and reports. This obligation continues for 2 years after the end of the contract.
- HYRESULT may name the Advertiser, including its name and logo, as a reference customer in sales materials and on its website, unless the Advertiser objects in text form.
§ 10 Final Provisions
- The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the Advertiser is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this contract is Passau.
- For each booking, the version of these Terms valid at the time of booking applies.
- Amendments and supplements to the contract require text form (e.g. email). This also applies to waiving this text-form requirement.
- These Terms may be provided in several languages. In case of discrepancies, the German version prevails.
As of October 2026