Terms of use

1. Provider and scope

NEXEARTH is provided by Andreas Joltea (details in the legal notice). NEXEARTH is a free information service: a globe with live data, simulations for learning, the “Studio” – a news and knowledge programme for screens – and the advertising line “Spot”, which is currently a demo. There is no user account. These terms apply to every use; section 11 (Spot) is a draft and not yet in force.

The service is provided free of charge and without any promise of availability. We may change, extend or discontinue functions and sources, in particular when a source changes its terms or ceases to exist.

2. Third-party content

Headlines, quotes, sports results, weather, encyclopedia articles, images and radio/TV live streams come from third parties and are labelled with their source. Headlines are shown only with title, outlet and link. Streams play directly from the broadcasters' servers; NEXEARTH does not store, edit or redistribute them. The respective providers are responsible for the accuracy, availability and lawfulness of their content; for our liability for third-party information see Art. 4 to 8 DSA and the legal notice. Some channels only play in certain countries.

3. Simulations, translations and AI

Simulations and scenarios are simplified models for education, not forecasts or advice. Headlines in other languages are translated by an AI language model, labelled “machine-translated” and may contain errors. AI is also used to keep unsuitable content out of the programme; it can miss things. Short texts marked “AI brief”, “AI quick facts” or “simplified by AI” are written by free AI models from public headlines or encyclopedia articles; they are not editorial content, may contain mistakes and do not replace the linked source. Quotes are delayed and not investment advice. Play cards (quiz, “Where is it day right now?”) are for entertainment and learning: they are not a prize draw and there are no prizes. The questions rest on generally known facts and are given without warranty; the sun's position is an approximation.

4. Use on screens in businesses and institutions

Whoever shows the Studio or a Spot screen in shops, restaurants, waiting rooms, offices or other publicly accessible places decides which modules run and is responsible for that public use. Playing radio, music or TV broadcasts there is usually a public performance (in Germany §§ 15, 19, 22, 87 UrhG) that needs licences from collecting societies (e.g. GEMA, which also collects for GVL and VG Media). Obtaining them is solely the screen operator's responsibility. In the Studio, TV and radio stay off until the operator switches them on; for Spot, the operator sets the programme during setup and can switch TV and radio off at any time.

Sound switch (“Sound & licences”): for each screen the operator decides what may be audible. The default is “Silent”. With “Licence-free sounds by NEXEARTH” the screen only plays background music that NEXEARTH generates itself in the browser; it contains no repertoire of GEMA, AKM or SUISA and no third-party recordings. A public screen (kiosk module, hospitality programme or Spot) plays radio and TV sound, and sound for ads, only if the operator has chosen “I hold a valid licence (GEMA/AKM/SUISA) for this location” and ticked the confirmation; sound for ads additionally only with “Ads with sound”. On a privately used screen without the kiosk module the user decides about radio and TV sound as before.

The licence confirmation is a declaration the operator makes on their own responsibility. NEXEARTH does not check whether a licence exists or whether it covers the kind of performance, the room or the location, and gives no warranty for it. A customer or venue number entered there is only a note for the operator. Whoever also plays other music, radio or TV at the location still needs the licences required for it.

Live webcams: on public screens (kiosk module, e.g. in a café, office or shop window) the camera wall shows only openly licensed cameras of authorities, weather services, national parks and observatories (e.g. Transport for London, Ayuntamiento de Madrid, Hong Kong Transport Department, Japan Meteorological Agency, GeoNet, USGS, National Park Service, Caltrans, DriveBC, NOAA, ESO) whose licence allows public and commercial display. Every tile permanently names its source; pictures are not cropped, not zoomed and not archived, and a picture older than the respective licence allows (15 minutes for Transport for London, 3 hours otherwise) is hidden automatically. The list of sources and licences is under “Sources”.

YouTube webcams are intended for private viewing only. YouTube's terms of service do not allow videos to be screened publicly without YouTube's permission; NEXEARTH therefore leaves them out in the kiosk module and on Spot screens. Whoever still shows them on a screen visible to others is responsible for the rights required.

Nurseries, schools and other institutions supervise the children and choose the content shown (e.g. kids mode, children's channels) at their own responsibility.

Screens in publicly accessible places must keep the default news filters on. The opt-in “Unfiltered news” (section 5a) is not available with the kiosk module (public screen) or in kids mode; whoever switches it on elsewhere on a screen that others can see is responsible for making sure no children or teenagers can see it.

5. Protection of minors

By default NEXEARTH shows no content harmful to minors. Kids mode only uses children's encyclopedias, filters every text twice and offers only children's channels. Despite careful filtering, live content from third parties (news, TV, webcams) cannot be checked in advance in every detail; institutions should therefore supervise use by children. Please report content unsuitable for children to us (section 8).

5a. News filters and “Unfiltered news”

Default: news from all desks, including factual political reporting, runs without reports about war, the military, terror, violence and crime; propaganda and disinformation are filtered out. Filtering is automatic (fixed rules plus an AI classification) and can miss things in individual cases.

Opt-in: adults can switch on “Unfiltered news” in the Studio (Setup → Topics) for the device they are using. It requires confirming that you are at least 18 years old and that the screen cannot be seen by children or teenagers, plus the Studio PIN if one is set. The additional headlines come only from the same reputable newsrooms, are labelled “Sensitive content” and are shown as headline and source only, never with images. While it is on, the screen shows “Unfiltered”. It switches itself off after 24 hours, is never carried over by a shared link (a link can only ask the receiving device to confirm) and is never available in kids mode, on kiosk/public screens or on Spot advertising screens.

Anyone who confirms age or screen visibility incorrectly acts against these terms; responsibility for such use lies with them (and on screens in businesses with the operator).

6. Prohibited use

Not allowed are: recording, redistributing or reselling embedded streams and third-party content; removing or covering source credits, licence notes or the “Ad” label; automated bulk requests that impair operation; circumventing technical protections (e.g. geo-blocking of broadcasters); and using NEXEARTH to disseminate illegal content.

7. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and to the extent of any guarantee we have given.

For the free information service (sections 1 to 6), we are otherwise not liable; this corresponds to the statutory standard for gratuitous services (cf. §§ 521, 599 BGB).

Where a paid contract exists (e.g. a future Spot booking), we are liable for slight negligence only for breach of an essential contractual obligation – an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose fulfilment the other party may regularly rely – and limited to the damage typical and foreseeable at the time the contract was concluded.

8. Reporting illegal content (Art. 16 DSA) and point of contact

Anyone can report content on NEXEARTH they consider illegal or unsuitable – including ads on Spot screens – by email to a.joltea@me.com. Please state the exact location (URL or screen and time), explain why the content is illegal and give your name and email address; your statement should be made in good faith. We confirm receipt, check the notice diligently, objectively and without undue delay, remove or block illegal content and inform you of our decision and available remedies. Automated means are not used for this decision.

Single point of contact for authorities and users (Art. 11, 12 DSA): a.joltea@me.com; languages: German and English.

9. Changes to these terms

We may adapt these terms for the future, e.g. when functions or the law change. The version published here at the time of use applies. There is no ongoing contract for the free service that would require consent to changes.

10. Applicable law

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of the mandatory provisions of the country of their habitual residence.

11. NEXEARTH Spot – booking terms (draft, not in force)

Draft, not in force: Spot is currently a demo. No contracts are concluded and no payments are processed; prices shown are demo prices. Before a real launch these terms will be completed (provider, prices, cancellation, withdrawal information where applicable) and reviewed by a lawyer.

Who may book: bookings are intended for entrepreneurs (§ 14 BGB) and adults. Exception, listing boost: private listings (e.g. from Kleinanzeigen) may also be promoted by consumers (§ 13 BGB). Before a real launch the consumer rules additionally apply to them: prices as final prices including VAT (§ 3 PAngV), an order button labelled “order with obligation to pay” (§ 312j(3) BGB), cancellation information with the model withdrawal form and a 14-day withdrawal period (§§ 312g, 355 BGB, Art. 246a EGBGB) and confirmation on a durable medium (§ 312f BGB). If airing is to start before the withdrawal period ends, the consumer must expressly request it (§ 357a(2) BGB).

Prices and packages: the price depends on format, length, the screen's location and volume. Besides single bookings, monthly packages with an optional term of 3 or 12 months are planned. Term, cancellation and prices will be fixed bindingly before launch; until then all prices shown are demo prices.

Parties and process: ads are booked for a specific screen. By sending, the advertiser makes an offer; a contract only comes about when the screen operator approves the ad. The operator may decline to accept an ad (no contract is concluded then) and may stop approved ads at any time if these terms are breached or content proves to be illegal; a stop is communicated to the advertiser with a short reason. If NEXEARTH itself removes, blocks or restricts an ad or an advertiser because it is illegal or incompatible with these terms, the advertiser receives a clear and specific statement of reasons (Art. 17 DSA) – including the facts relied on, the rule concerned, whether automated means were used and the available remedies (objection by email to the contact point in section 8, out-of-court dispute settlement under Art. 21 DSA, the courts).

Responsibility for content: the advertiser is responsible for the content of the ad and any linked website. The advertiser warrants holding all rights to texts, pictures, logos, marks and to the depiction of any persons shown, and indemnifies operator and platform against third-party claims based on that content, including reasonable legal defence costs, insofar as the advertiser is responsible for the infringement.

Excluded content: anything illegal; political advertising (parties, candidates, elections, referendums, campaigns); adult, sexualised or content harmful to minors (JMStV, JuSchG); weapons, military and violence; gambling; tobacco and e-cigarettes (§ 20b TabakerzG); alcohol advertising aimed at minors or showing minors (§ 6 JMStV); public advertising of prescription-only medicines (§ 10 HWG) and misleading health claims (§§ 3, 11 HWG); discriminatory content; infringements of trademarks, copyrights or personality rights; unlawful comparative advertising (§ 6 UWG); and any misleading or unfair advertising (§§ 5, 5a UWG). Ads must not contain personal data of third parties without their consent. QR codes and links must lead to lawful content. Depending on the venue's industry, further rules apply (e.g. unit prices under § 4 PAngV, car consumption data under Pkw-EnVKV, the representative example in credit ads under § 17 PAngV).

Labelling: every ad is permanently labelled “Ad” on screen together with the advertiser's name (§ 5a(4) UWG, § 6(1) no. 1 DDG; separation of advertising and programme, § 8 MStV). The label may not be removed or covered. Mandatory texts are shown legibly.

Video ads: a video runs as its own format (“video spot”) across the whole stage in the screen's frame, always without sound, with the “Ad” label, the advertiser's name and a headline. MP4, MOV and WebM up to 120 MB are accepted; the length follows the booked slot (10, 15 or 30 seconds): a longer video is cut off from the chosen start, a shorter one holds its last picture at the end. The advertiser warrants holding all rights to the video's picture, sound and music and having the consent of everyone recognisably shown; this also applies when the video runs without sound. Not allowed are videos with the content excluded under this section, rapid flashing or strobing effects that can trigger seizures, and videos that cover the “Ad” label. The automatic check looks at a still and the texts; it replaces neither the advertiser's responsibility nor the approval by the screen operator, who can watch the video before it starts. Price: a video spot costs like a full-screen ad of the same length plus a 25 % video surcharge (checking, storage, delivery); in this demo all prices are demo prices.

AI assistance: ad suggestions may be created with AI and are labelled as such (Art. 50 EU AI Act). The advertiser reviews them before sending and remains responsible for the content. The automated content check only gives notes. By default the screen operator approves every ad; if the operator switches approval off, ads without a finding run immediately and ads with a finding wait for the operator's decision. No ad is rejected automatically.

AI symbol pictures: on request, a picture for the ad can be generated by an AI image model (currently FLUX.1 [schnell] via Cloudflare Workers AI, alternatively via Pollinations). Such pictures are illustrative only: they are permanently labelled “AI-generated illustrative image” on screen and in the file, show no real people, text, logos or brands, and must not suggest a real state of a product, dish, room or offer (for example quantity, look, equipment or price). The advertiser checks every generated picture before sending, may reject it and remains responsible for the ad as a whole; the automatic picture check (nudity, violence, text, logos, faces) only gives notes. Generated pictures are provided for use in the booked ad on NEXEARTH screens; other uses are at the advertiser's own responsibility.

Airing: ads run in a loop with other ads and programme. What is owed is the booked number of places in the loop (share of voice) during the booked period, not a number of viewers. If the screen fails (power, network, device), the missed share is credited or refunded.

Sound and music: ads run without sound. What a screen may otherwise make audible is set by its operator with the sound switch (section 4). If the venue plays TV, radio or music, it is itself responsible for the necessary licences (e.g. GEMA).

Liability: section 7 applies.

11a. NEXEARTH Spot – terms for screen operators (draft, not in force)

Draft, not in force: payouts do not exist yet. Until they are switched on no payments are processed; statements and credit notes in the settings are previews without legal or tax effect. Only operators acting as entrepreneurs (§ 14 BGB, § 2 UStG) receive a remuneration.

Competitor protection: the operator can exclude lines of business (one by one or a whole group) from its screen, and businesses of its own line within a radius of up to 25 km. Advertisers assign themselves to a line of business when booking; an excluded line cannot book the screen, and an approved ad of a line excluded later is no longer aired – the share not aired is refunded to the advertiser. The assignment rests on the advertiser's information; an advertiser without a known location counts as inside the radius. A false assignment breaches these terms. Competitor protection does not replace the operator's approval and gives no claim to the exclusion of every competitor. Political advertising is always excluded.

Remuneration: the operator receives 70 % of the net advertising revenue of its screens (what advertisers pay, excluding VAT); NEXEARTH keeps 30 %. Gemeinwohl ads (section 12) are free and earn nothing. Billing is monthly.

Payouts via Stripe (once available): payouts are to be made through Stripe Connect (Stripe Payments Europe, Ltd., Dublin, Ireland). For this the operator opens a Stripe account (Express) and accepts Stripe's terms for connected accounts directly with Stripe; Stripe collects identity and bank details. NEXEARTH keeps only the account ID and its status.

Self-billing (credit notes): by ticking “I agree to self-billing” the operator and NEXEARTH agree that NEXEARTH bills the operator's services every month by credit note (Gutschrift, § 14(2) sentence 2 UStG); the operator issues no invoice of its own. The operator warrants that its name, address, tax number or VAT ID and tax status (small business under § 19 UStG or standard VAT) are correct and reports changes without delay; it is responsible for tax consequences of wrong information. It may object to a single credit note (§ 14(2) sentence 3 UStG) and withdraw its consent in the settings with effect for future billing periods; it then bills by its own invoice. The time of consent and the version of this wording are stored.

Taxes: the operator is itself responsible for the taxation of its remuneration. Under standard VAT the credit note shows 19 % VAT on the operator's share; for small businesses it shows no VAT and carries the § 19 UStG note.

Handling of ads: the operator may use the ads handed over to it (images, texts, videos, the advertiser's name) only for the booked playback on its own booked screens. It must not use them otherwise, copy them beyond what playback requires, pass them on to third parties or use them for its own advertising or for other purposes, and it deletes them when the booking ends or on request.

11b. NEXEARTH Spot – grant of rights for advertisers (draft, not in force)

Draft, not in force: this section is part of the Spot draft and is checked together with it before a real start.

Grant of rights: for the booked screens and the booked period the advertiser grants NEXEARTH and the screen operator concerned a simple, non-exclusive right, limited to the duration of the booking, to reproduce and store the content of the ad (texts, images, logos, videos), to crop and technically adapt it (e.g. resizing, re-encoding a video without sound), to play it publicly on the booked screens and to process it for the automatic content check. A video clip hosted on our servers is stored for at most 90 days and then deleted; the ad then continues with its still picture. Other content is stored only as long as the booking requires. NEXEARTH only plays videos without sound.

Warranty: the advertiser warrants that it holds the rights needed for this, in particular to pictures, sound, music, marks and logos, and that every person recognisably shown has consented. Where a video contains music, the advertiser is responsible for the licences (e.g. GEMA/GVL); NEXEARTH plays the video muted; the hosted clip is re-encoded without a soundtrack, but the original file on the advertiser's device may still contain it.

Indemnity and removal: if the content infringes rights of third parties, the advertiser indemnifies NEXEARTH and the screen operator to the extent permitted by law (section 11, responsibility for content). On request – from NEXEARTH, the screen operator or an affected third party – the advertiser removes or replaces the content; NEXEARTH removes it without undue delay after a request or notice, generally within 24 hours, and may do so on its own where a right of third parties is plausibly infringed.

12. Gemeinwohl ads (charitable causes, free of charge)

NEXEARTH shows ads for charitable causes on Spot screens free of charge (“Gemeinwohl ads”), e.g. donation appeals, adoption through animal shelters, blood drives or volunteering. Accepted Gemeinwohl ads incur no fees, now or later.

Who may apply: tax-privileged non-profit bodies (§§ 51 ff. AO) with proof (e.g. an exemption notice or a notice under § 60a AO), public institutions, animal shelters and registered animal-welfare associations, and recognised aid organisations. Appeals for individual people in need only through such an organisation or a verified fundraising platform, and only with the consent of those concerned. Applications are made by email only.

Excluded: parties, election advertising, political campaigns and petitions; proselytising; sales, discounts or other commercial offers; private appeals that cannot be verified; pressure, guilt or degrading depictions; and anything excluded under section 11.

The organisation warrants that its details are correct, that it holds the rights to texts, logos and images, and that people shown have consented (for minors, their guardians). It indemnifies NEXEARTH against third-party claims arising from infringements in its content, to the extent it is responsible for them.

There is no entitlement to be accepted or to particular screens, regions, times or frequencies. NEXEARTH may reject, adjust (after consultation), pause or end Gemeinwohl ads, in particular where proof or content is in doubt. Screen operators may switch Gemeinwohl air time off for their screen.

Gemeinwohl ads are labelled “Ad” and “Charitable · free of charge”; the organisation is identifiable via “Who is advertising here?”. NEXEARTH does not accept donations. The QR code leads to the organisation's own page; the organisation alone is responsible for processing donations and issuing donation receipts.

Changes or termination can be requested at any time by email to a.joltea@me.com.