AA Media Services GmbH, Winterthurerstrasse 35, 8370 Sirnach in
Switzerland (hereinafter referred to as "AA Media") provides among
others, products for mobile phones and other mobile terminal devices,
such as Streaming and Download Videos. The products provided by AA
Media shall be briefly referred to as "AA Media Products". The
purchase of all AA Media Products shall be subject exclusively to
these General Terms and Conditions ("AGB").
The AA Media Products can be used by all customers in possession of a
mobile phone that technically meets the requirements of the desired
product, if they are customers of a network services and mobile phone
service provider, through which AA Media Products can be used
according to AA Media specifications and no younger than 18 years old,
the age required for AA Media Products.
§ 2 - Contract Performance
If the customer requests by SMS at the number (in short) communicated
by AA Media or - in the case of some alternative payment methods - by
other means a certain AA Media Product, then this request shall bear
the validity of a request to conclude a contract between AA Media and
the customer for purchasing that AA Media Product at the valid price
AA Media may accept this offer either by transmitting, respectively
providing the requested product, or - if a registration is required
for that product - by means of a registration confirmation by SMS. AA
Media may refuse to accept it without giving an explanation in this
regard, according to its own considerations.
§ 3 - Performance Obligation of AA Media
AA Media reserves its right to change, terminate, complete and/or
totally or partially develop the AA Media Products at any time.
Unless it results otherwise from the product offer in question from AA
Media or from Chapter 8, then the performance obligation which is
incumbent upon AA Media is exclusively represented by providing and -
if the AA Media Product is designed and appropriate therefore -
sending the ordered AA Media Product to the Customer.
In case AA Media provides contents to third parties (see Chapter 8),
then the AA Media obligation is to transmit that Content in question
following the receipt thereof by the customer in accordance with the
AA Media Product in question.
As long as an AA Media Product is not expressly presented as being
free of charge, there will be other costs for the customer when
accessing an AA Media Product.
§ 4 - Subscriptions from AA Media
For the Subscriptions offered by AA Media there shall also apply, in
addition to the rules in Chapter 3, the regulations presented
Any subscription may be used by the customers of network services
providers and mobile phone services providers expressly mentioned in
this regard. Each subscription exclusively includes the Content type
presented within the subscription description.
The user agrees to an offer by which he commits to conclude a contract
along with the request of a service provided by AA Media . AA Media
accepts this offer either by (i) sending the ordered service, or (ii)
by sending a link where the ordered service can be downloaded by WAP,
or (iii) by opening the access to the service for the user.
In the case of individual download of services, the contractual
relation shall remain valid until the total purchase of the services
that are the object of the contract.
The contract regarding the subscription shall be held, in principle,
for an indefinite period of time. It can be terminated by the user and
by AA Media on a working day and with immediate effect. There shall be
no refund of payments already made for a period of time of the
subscription that has already begun. The user makes use of a possible
credit representing the period between the termination date and the
end of the settlement period that has barely begun.
The termination of a subscription at the end of the subscription
period is possible at any time without the need to comply with a
notice period in this respect. The termination can be done:
by means of the button "Cancel" on the mobile phone (at Membership
by a phone call to the Hotline number: (+41) 44 585 28 53 (local
by letter to AA Media Services GmbH, Winterthurerstrasse 35, 8370
Sirnach in Switzerland
In order to be able to continue providing the customers the
subscription they want and in case of higher costs, for example for
production or transfer, AA Media reserves its right to change content
items or prices. In isolated situations there can be termination of
the subscription. In connection with such cases the customer shall be
notified by AA Media . If the customer no longer wishes to continue
its subscription under the conditions of higher costs, then he may
Upon conclusion of subscriptions through alternative payment options
provided by AA Media such as credit card payment, shall be valid the
conditions indicated by the order procedure described in the case of
such payments method on the internet page referred to in Chapter 3. By
using such alternative payment method the customer acknowledges the
additional conditions communicated in this respect, as being
§ 5 - Services Provided by Third Parties
In addition to the specific AA Media Products, AA Media company
mediates as well some third parties' services. If a customer applies
to such a service then an exclusive contract is concluded between the
customer and the third party. If this is necessary within the service
mediated by AA Media and provided by a third party, the service
provision can stand under the premise of giving its consent to
transmit his mobile phone number to that third party. In such a case,
the customer shall be informed accordingly.
For the intermediary services provided by AA Media in this context
shall apply and be valid the regulations under these AGB.
§ 6 - Rights and Obligations of the Customer
The use of certain AA Media Products requires a customer's
registration within AA Media . If the AA Media Product in question is
settled by the customer's mobile phone invoice, then the registration
shall be made by sending through SMS the order code corresponding to
the AA Media product wanted on the short number communicated by AA
Media for the mobile phone network used by the customer.
If AA Media collects customer's data when concluding the contract,
then the customer undertakes to provide truthful data. The subsequent
changes regarding these data shall be communicated without any prior
request and without delay to AA Media .
For most of the AA Media Products it is enough to know the telephone
number of the AA Media customer. If for a certain AA Media Product are
necessary as well some additional information of the customer, then
this product can be accessed only after the AA Media customer has
communicated these data.
In case a password is communicated to the customer in the context of
using the AA Media Products, the customer is obliged to keep this
password secret and to take all the necessary measures in order to
ensure the security/protection of the password. The password should
not be transmitted to a third party.
All the products provided by AA Media are protected by copyright,
trademark right and other protection commercial rights. The customer
is therefore entitled to use the AA Media Products exclusively for
private purposes within a use in accordance with the established
conditions. The customer is forbidden to transfer the AA Media
Products to third parties. An advanced use shall be permitted only in
the context expressly approved by AA Media or by the respective
In the event of a violation by the customer of these AGB, the customer
undertakes to compensate all the damages caused to AA Media company
through such a violation. The customer undertakes to exonerate AA
Media of all the claims of third parties due to his behaviour and to
compensate all the damages arising from such situations.
The customer shall bear all taxes applicable for its network services
provider and mobile phone services for accessing AA Media Products and
for their transmission (especially for products that are downloaded by
means of a WAP connection by the customer).
§ 6a - Youth Protection
AA Media Products that are not suitable for minors are protected by an
age verification system (AVS) that guarantees that only adults have
access to the AA Media Products in question. The use of AA Media
Products in question shall not be allowed to minors. Such avoidance of
AVS from a customer as well as providing access to minors to AA Media
Products protected by AVS shall not be allowed. In the case of such
behaviour of the customer, he shall undertake to compensate all the
damages incurred for AA Media in such a context. Furthermore, AA Media
shall be entitled in such a case to block in the future the customer's
access to AA Media Products.
§ 7 - Customers' Protection within AA Media
If the customer brings his own contents within an AA Media Product
that should be accessible to third parties as well, such as related to
a Chat by SMS, the customer guarantees for AA Media the right to
present these contents in an AA Media Product in an appropriate form,
to publish them and to disseminate them. AA Media shall be entitled to
transmit these contents to third parties within the provisions of its
The customer furthermore undertakes not to transmit within the AA
Media Products illegal contents especially belonging to the following
types: - contents glorifying violence - sexist, pornographic contents
respectively - Nazi contents - contents that may endanger the youth.
There shall be specifically prohibited all the contents prejudicial to
third parties' rights. The customer is prohibited to use any type of
spamming. The customer further undertakes not to transmit data which
are set up to cause damages to AA Media or to third parties (for
example Trojans, dialers, viruses).
In case AA Media finds out that the customer transmits contents
prohibited in accordance with these regulations, then AA Media as well
as a possible third party duly authorized in this respect by AA Media
shall provide immediate deletion, respectively the limitation of such
contents and take all the measures in order to prevent further
transmission of the contents. In such a case, AA Media is entitled to
terminate without any notice all the contracts concluded with the
customer. Upon the request of a criminal investigation authority
within an investigation proceeding against a customer, AA Media shall
communicate within the law context the customer's mobile phone to the
AA Media collects and processes the customer's personal data only in
the context needed to carry out and to develop the contract concluded
with the customer. Therefore it is necessary for most of the AA Media
Products to save the customer's mobile phone number in order to
provide that product to the customer. For the use of certain Products
there is required to provide and save some additional data.
In the case of certain AA Media Products third parties shall need to
directly transmit contents and services or the direct customer to have
access to the contents provided by third parties. To make it possible,
AA Media shall communicate the customer's mobile phone number to
certain third parties.
Apart from the purpose of transmitting AA Media Products, the
customer's personal data shall not be communicated, as long as the
customer has not been informed in this regard and has not expressly
agreed to this. By accessing AA Media Products, the Customer expresses
its interest in obtaining information related to other AA Media
Products as well. The customer can at any time withdraw its consent to
receive information about AA Media Products.
AA Media draws its customers' attention to the fact that transmitting
personal data (for example name, mobile phone number) to other AA
Media customers within the AA Media Products (for example Chat by SMS)
shall not be allowed under the legislation of personal data
§ 8 - Customer's Contents within the AA Media Products
It is expressly outlined the fact that a Content submitted by the
customers within the AA Media Products provided to that effect shall
not be considered to be a Content of AA Media . The customer making
the transmission leaves to AA Media the arbitrary decision regarding
when, how and in what context it will provide access for other
customers to the Content, respectively when, how and in what context
it will transmit it to them. If AA Media makes reference or provides a
link on its website or in other positions within AA Media Products to
foreign contents, these principles shall continue to apply
AA Media is entitled to totally or partially change the products
including contents of third parties, at any time, without any prior
§ 9 - Payment of AA Media Products
Payment by mobile phone. If the customer has concluded with its
network services provider and mobile phone services provider a
long-term contract then its payment obligations resulting from
accessing AA Media Products shall be settled by its mobile phone
network invoice. For credit customers, having the so-called
"Pre-Paid", the payment obligations which became due for the customer
from accessing AA Media Products shall be directly withdrawn from the
Pre-Paid credit card. The same applies to the payment procedures
required by third parties (for example mobile phone services
Alternative payment possibilities. In case of payment by means of
alternative payment methods, retaining the payment amounts shall be
made by the appropriate partner, such as the company providing service
such as credit cards.
§ 10 - Warranty for AA Media Products
AA Media diligently works in order to ensure a high quality standard.
However, if an AA Media Product proves to be incorrect once, then the
warranty rights according to the law shall be entitled to the
customer. If an AA Media Product proves to be defective, the customer
shall inform AA Media without delay by submitting its phone number,
the order date for the product in question as well as regarding the
delivery date. This can be done by the means listed in Chapter 4,
AA Media does its best to provide the latest and the most functional
products available. To make this possible regular controls and
maintenance works are needed that could affect the possibility of
accessing certain or all the AA Media Products. In case of
transmitting contents and services from third parties there can be
encountered temporary transmitting difficulties. AA Media permanently
works for the customer's interest so that the break periods to be as
short as possible. The customer approves the emergence of some
possible damages that may derive from such situations without raising
any claims for compensation from AA Media .
§ 11 - Assuming Responsibility
AA Media shall assume unlimited responsibility in case of law
infringement due to malicious acts, gross negligence acts or in case
of impairment of life, body or health of a person. Furthermore AA
Media takes responsibility only in case of negligent impairment of the
performance of the contract, of the main obligation of AA Media , its
employees, representatives and its performers. In this case the
obligation for compensation of damages by AA Media shall be limited
only to direct and predictable damages. Compensation for not typical
indirect and subsequent damages shall not be carried out.
AA Media does not operate its own mobile phone network. For these
reasons the services of third parties are necessary in order to use
the AA Media Products (for example the customer's network services
provider and mobile phone services). In case of technical difficulties
experienced by third parties, there can be transmission closures or
temporary stop of AA Media Products or certain parts thereof. In this
respect AA Media has no influence. AA Media expressly outlines that it
cannot guarantee the SMS reception by the customer nor the receipt of
the product from the technical point of view.
AA Media shall not be responsible if the Content transmitted by the
customer within the products referred to contains harmful data. (for
§ 12 - Termination
The customer can terminate the contract as follows:
by means of the button "Cancel" on the mobile phone (at Membership
by a phone call to the Hotline number: (+49) 0800 0000 557 (local
by letter to AA Media Services GmbH, Winterthurerstrasse 35, 8370
Sirnach in Switzerland
In case of termination the mobile phone number shall be mentioned as
we cannot otherwise assign the termination to the appropriate
The contract concluded between AA Media and the customer can be
terminated by both contracting parties at any moment without providing
any reasons according to Point 1.
An indefinite period termination from AA Media is possible if the
customer fails to properly use the AA Media Products in breach of the
most important contractual obligations in the context of their use.
The termination of a subscription is possible at the end of the
subscription period at any time, without observing in this case a
notice period for termination.
§ 13 - Applicable Law / Jurisdiction
The contractual relationship between the customer and AA media is in
accordance >with the laws of Switzerland.