Terms of Use for the Deutsche Post INTERNETMARKE API (Post & Parcel Germany) 

1. Contracting Parties 

1.1 The contract governing the use of the API “Deutsche Post INTERNETMARKE (Post & Parcel Germany)”, hereinafter referred to as the “INTERNETMARKE API”, is concluded between us, Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn, registered with the Local Court of Bonn under HRB 6792 (hereinafter “DPAG”, “we” or “us”), and you as a business customer and user of the INTERNETMARKE API (hereinafter “you”). 

1.2 The INTERNETMARKE API and the product INTERNETMARKE (including product and price information as well as the INTERNETMARKE General Terms and Conditions) are hereinafter jointly referred to as the “INTERNETMARKE Service”. 

1.3 The contract for the INTERNETMARKE Service is concluded between DPAG and the respective (shipping) end customer (“business end customer”). This may be yourself or a third-party business end customer. 

1.4 The term business (end) customer refers to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Entrepreneurs are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity. Business customers also include public-law legal entities, even if they provide their services exclusively on a public-law basis. 

2. Subject Matter of the Contract 

We make the INTERNETMARKE API available to you in accordance with the currently valid General Developer Portal Terms of Use (https://developer.dhl.com/terms-use) and the current interface specification (available via the DHL Group API Developer Portal), enabling online creation of postage labels for DPAG products. 
In the event of any conflict or inconsistency between the provisions of the General Developer Portal Terms of Use and these Terms of Use, the provisions of these Terms of Use shall prevail.  
By integrating the INTERNETMARKE API, you may generate postage labels within your application and use them yourself and/or make such postage labels available to business end customers. A prerequisite is that an appropriate payment method for purchasing INTERNETMARKE postage has been stored for the respective user, i.e. for you or the business end customer. 

3. Conclusion of Contract 

At the latest upon using the INTERNETMARKE API, you accept these Terms of Use for the Deutsche Post INTERNETMARKE API (Post & Parcel Germany). 
If you yourself use the INTERNETMARKE product via your application, the INTERNETMARKE General Terms and Conditions available at http://www.internetmarke.de/agb.html shall apply. 

4. Your Obligations 

4.1 You are obliged to keep your API access credentials secure and confidential and not to disclose them to third parties. 

4.2 Neither your application nor your use of the INTERNETMARKE Service may be used in an unlawful or immoral manner. In particular, it is prohibited to provide the service on websites, apps, platforms, or systems whose content violates the German Criminal Code, the Interstate Treaty on the Protection of Minors in the Media (JMStV), or other applicable law, is sexually offensive, is suitable to seriously endanger or impair the well-being of children or adolescents, or is likely to damage the reputation of DPAG. 
You bear sole and unlimited responsibility and liability for your application and for your use of the INTERNETMARKE Service. 

4.3 You are obliged to design your application in such a way that the offering of the INTERNETMARKE product to business end customers complies with the respective applicable legal requirements. In particular, you must ensure that the INTERNETMARKE General Terms and Conditions of DPAG, available at  
http://www.internetmarke.de/agb.html, are validly incorporated into the contract with the business end customer during the contracting process (prior to the purchase of an INTERNETMARKE via the INTERNETMARKE API). You are responsible for your application and for the correct display and integration of the INTERNETMARKE Service. 

4.4 In the event of changes to the INTERNETMARKE API (pursuant to Section 5.1 below) or to the data provided via the API, you are obliged to adapt your application immediately at your own expense in accordance with DPAG’s specifications. Your right of (extraordinary) termination remains unaffected. 

4.5 You are obliged to comply with DPAG’s style guide requirements for the presentation of the INTERNETMARKE and other information provided via the INTERNETMARKE API and to implement these requirements accordingly in your application. 

5. Our Rights and Obligations 

5.1 We are entitled to carry out necessary changes to the INTERNETMARKE Service (e.g. releases or version changes). Performance and price adjustments of the INTERNETMARKE product may be associated with such releases and version changes. We will inform you in due time of any upcoming changes to the INTERNETMARKE Service via the DHL Group Developer Portal (e.g. by banner on developer.dhl.com) or by email. 

5.2 We reserve the right to review sample printouts or similar outputs of INTERNETMARKE postage generated via your application, as well as your application itself. If any defects or errors are identified during such review, you are obliged to remedy them immediately. We reserve the right to suspend your access to the INTERNETMARKE API until the identified defects or errors have been rectified. 

6. Liability 

6.1 Notwithstanding the liability provisions of the DHL Group Developer Portal Terms of Use, the following liability provisions shall apply. 

6.2 The parties shall be liable without limitation for all damages caused by intent or gross negligence. 

6.3 In the event of a breach of an essential contractual obligation (cardinal obligation) due to simple negligence, liability for resulting damage to property and pecuniary loss shall be limited to the typical and foreseeable damage under the contract. An essential contractual obligation is an obligation the fulfillment of which is essential for the proper performance of the contract and the breach of which jeopardizes the purpose of the contract, and on whose compliance the parties may regularly rely. Otherwise, liability for simple negligence is excluded.  
This exclusion or limitation of liability shall not apply in the event of injury to life, body or health caused by simple negligence or where DPAG has expressly assumed a guarantee with regard to the INTERNETMARKE Service.  
This provision shall apply accordingly where damage is caused by vicarious agents and/or legal representatives of DPAG. 

6.4 DPAG shall not be liable for damages resulting from service interruptions or delays caused by unforeseeable events for which DPAG, its legal representatives or vicarious agents are not responsible (force majeure). Events of force majeure include, in particular, war, riots, natural disasters, fire, sabotage attacks by third parties (e.g. computer viruses), power failures, official orders, lawful internal labor disputes, and failures or restrictions of communication networks and gateways operated by third parties. 

6.5 You shall be liable to DPAG, in accordance with the above liability provisions, without limitation for all damages, costs, and expenses incurred by DPAG that are causally attributable to a faulty design of your application for which you are responsible. Faulty design exists, for example, if the purchasing process for INTERNETMARKE postage is presented incorrectly, unclearly, or misleadingly and this results in a payment default. Liability shall not apply insofar as the damage is due to circumstances outside your area of responsibility, in particular user errors by end users or systems of DPAG. 

7. Indemnification 

7.1 You shall indemnify DPAG and its vicarious agents against all third-party claims (in particular claims arising from copyright, trademark, or unfair competition law) asserted against DPAG as a result of culpable breaches of the obligations set out in these Terms of Use, in particular pursuant to Section 4, regarding the legally compliant integration and design of the INTERNETMARKE offering, and/or as a result of other culpable harmful actions on your part or by third parties attributable to you. The indemnification shall include our necessary and reasonable costs of legal defense (including court and attorney’s fees). 

7.2 We shall inform you without delay of the assertion of such claims and, upon request, provide you with the information required for legal defense. If we make payments to third parties before the entitlement of the claims has been legally established or is undisputed, such payments shall be made subject to a right of reimbursement in the event that the claims prove to be wholly or partially unfounded. 

7.3 Further statutory or contractual claims on our part shall remain unaffected. 

8. Data Protection 

The contracting parties undertake to comply with the applicable statutory data protection provisions, in particular the German Federal Data Protection Act (BDSG) and the General Data Protection Regulation (GDPR).