General Terms and Conditions (GTC) for the Use of the Media Management Tool (MMT)

Version 1
Berlin, 24 March 2026

The "Media Management Tool" (MMT) application supports researchers at Freie Universität Berlin (FUB) and other research institutions in processing audiovisual, multimodal research data. Use requires activation of users by FUB. For this purpose, these Terms and Conditions must be accepted.

The MMT serves for the transfer of data, in particular media files, their transcoding into access formats, automatic transcription, multimodal anonymization, and content-based indexing for scientific purposes. To realize these application scenarios, modular software tools are technically bundled within MMT.

The MMT is part of the Oral-History.Digital information infrastructure and is operated by the University Library of Freie Universität Berlin. Data processing is carried out principally within FUB's IT infrastructures. Where additional scientific infrastructures or services are used in individual projects, users will be informed thereof in advance; where required under data protection law, supplementary agreements will be concluded for this purpose.

Separate terms and conditions apply to the provision of audiovisually recorded interviews on the Oral-History.Digital platform (https://www.oral-history.digital/dokumente/index.html#vertrag).

FUB reserves the right to further develop, adapt, restrict, or discontinue individual functionalities of MMT within the framework of scientific operations, insofar as this is necessary for technical, legal, or organizational reasons.

The processing results generated through use of MMT, in particular those based on automated, AI-supported procedures, may contain errors and must therefore be professionally reviewed and, where applicable, corrected by users before any further use, dissemination, or publication.

These Terms and Conditions relate exclusively to the MMT web application operated by FUB. The installation and operation of the MMT software on users' own servers are governed by the AGPL license and are not regulated by these Terms and Conditions.

§ 1 Eligibility for Access and Restrictions on Use

Researchers at FUB are entitled to use MMT. In addition, FUB may grant members of other research institutions access to MMT. Where applicable, further agreements, for example under data protection law, must be concluded with them for this purpose.

FUB reserves the right to activate users. There is no entitlement to access MMT. FUB may reject registrations without stating reasons or suspend existing access, in particular in the event of violations of these Terms and Conditions or abusive or unlawful use.

MMT may be used exclusively for non-commercial, scientific purposes. Commercial exploitation of the application or the processing results is prohibited. FUB reserves the right to define technical restrictions such as maximum file sizes, storage quotas per account, or permitted file formats, and to adjust these as needed.

Uploading content that violates applicable law or may impair the functionality of MMT is prohibited.

§ 2 Data Processing and Data Security by FUB

MMT is operated in principle within the IT infrastructures of Oral-History.Digital at FUB. Data are stored on the servers provided by FUB and processed using the software services provided by FUB. Where additional scientific infrastructures or services are used in individual projects, this shall occur only after prior information to users and, where required under data protection law, on the basis of supplementary agreements. FUB provides users with temporary storage space and software services and ensures operation and maintenance in technical terms. In this context, FUB acts as a technical service provider and does not perform any archival, editorial, or curatorial tasks. The data provided by users are processed exclusively for the provision of the functions of MMT described in these Terms and Conditions. No further processing, in particular for FUB's own purposes, takes place.

FUB ensures, in accordance with the applicable laws and its IT security policy, the appropriate protection of data against data loss or misuse through the necessary technical and organizational measures. In particular, it ensures that access to the data is restricted to the respective registered users and to persons authorized by FUB for administration or support and bound to confidentiality.

Data are stored only for as long as is necessary for the use of the application. After the end of use or at the request of the user, the data shall be deleted in accordance with the applicable data protection provisions. FUB may delete a user's data for technical, legal, or organizational reasons. It shall inform the user with a notice period of two weeks and enable export; prior information and the possibility of export may be omitted for security reasons or due to legal requirements.

Technically necessary backup copies (backups) as well as log data may remain stored for a limited period beyond the end of use where this is necessary for IT security, error analysis, and recoverability; they shall subsequently be routinely deleted unless statutory retention obligations prevent this.

MMT is operated as a scientific, research-supporting application. There is no entitlement to specific availability levels, throughput rates, or permanent storage of data. MMT is not a substitute for an institutional archive or long-term archiving system.

§ 3 Granted Rights

By using the service, FUB is granted a non-exclusive right of use, limited to the duration of the user relationship, in the uploaded audiovisual research data including associated metadata, insofar as this is necessary for the operation of MMT. The right of use includes the reproductions necessary for processing as well as technically necessary edits, which, depending on the workflow, may also be carried out by AI-supported tools (e.g. during transcription).

No license fee is paid for the transfer of rights to the extent specified above. Ownership rights and archival responsibilities remain with the users.

FUB may engage subcontractors for the provision of services and grant them the rights required for this purpose. In doing so, FUB and the parties commissioned by it shall observe all technical and organizational safeguards required by law or prescribed in the relevant regulations of FUB.

Where processing is carried out on behalf of a controller, the use of subcontractors shall take place exclusively in accordance with the provisions of the data processing agreement. Users shall be informed of substantial changes concerning subcontractors used and shall have the opportunity to raise objections within the framework of the statutory provisions.

Users are responsible for the access credentials set up for them and the processing steps carried out using those credentials. In doing so, they undertake to comply with all copyright and data protection provisions and with the rules of Good Scientific Practice in accordance with the DFG Code and the applicable institutional policies.

§ 4 Rights of Third Parties and Indemnification

Users confirm that they are entitled to dispose of all data uploaded to MMT. They confirm that no rights of third parties conflict with the processing of the data by FUB within the scope agreed here, including with regard to processing by AI-supported tools. Users warrant that, in collecting and processing any data contained in their materials that are sensitive or particularly sensitive personal data, they have complied and will continue to comply with the statutory protective provisions. They warrant that the processing is permitted within the framework of the applicable legal norms, including with regard to the research privilege under Art. 89 GDPR.

In the case of interview recordings, users warrant that any written or oral declarations of consent from the interviewees and the persons involved in the interview (e.g., interviewer, camera operator) do not conflict with the processing agreed here. They further confirm that the content introduced does not violate applicable law, international agreements, international law, or public decency.

No substantive or legal review of the processing results by FUB shall take place. FUB is not obliged to review the content for substantive errors or any legal violations. FUB is not substantively responsible for statements and content contained within the audiovisual recordings uploaded by users; no prior substantive review takes place. Statutory standards of responsibility and liability remain unaffected.

Users shall indemnify FUB against third-party claims insofar as such claims are based on a breach of the obligations under these Terms and Conditions for which the users are responsible; this includes reasonable costs of legal defense.

§ 5 Rights to the Software and Liability

These Terms and Conditions govern exclusively the use of the MMT web instance operated by FUB. For this purpose, users are granted a non-transferable right to use the MMT instance operated by FUB within the framework of this agreement; interventions/changes to the instance operated by FUB are not permitted for users.

In addition to the web application, the MMT software is made available as open-source software under the GNU Affero General Public License (AGPL) Version 3. Copyright and related rights remain with the respective rights holders; rights of use are granted in accordance with the AGPL. The use and operation of a user's own MMT installation are governed exclusively by the AGPL and are not regulated by these Terms and Conditions.

FUB assumes no warranty for software or media errors or undesirable functionalities in MMT. For material damage and financial loss, FUB shall be liable without limitation in cases of intent and gross negligence. In the case of slightly negligent breach of essential contractual obligations (obligations whose fulfillment is indispensable for the proper use of MMT), the liability of FUB shall be limited to the typical, foreseeable damage. In all other respects, liability for material damage and financial loss is excluded. Liability for damages arising from injury to life, body, or health and under mandatory statutory provisions remains unaffected.

§ 6 Costs

No usage fees are charged. For any intensive support requested by users, for example in the case of special software adaptations or evaluations, compensation for expenses may be agreed between users and FUB.

§ 7 Term and Termination

FUB may discontinue the operation of MMT with a notice period of two weeks effective at the end of each calendar quarter. In this case, the possibility of using MMT shall end upon the discontinuation of operations.

The term of use of MMT and the storage of data begins with acceptance of these Terms and Conditions and activation by FUB and can be terminated by either the user or FUB at any time effective at the end of a calendar quarter. The right to extraordinary termination and immediate suspension for good cause remains unaffected. Good cause shall exist in particular in the event of unlawful use, significant violations of § 1, endangerment of IT security, or repeated breaches of obligations despite warning.

In the event of discontinuation of operations or termination of use, the user's account and data shall be deleted from the MMT instance after prior information and in accordance with § 2. At the user's request, FUB will export the content uploaded to or processed in MMT before deletion and transmit the export file(s) to the user. After the export files have been made available, the user's data shall be deleted from MMT.

§ 8 Mutual Information and Further Cooperation

Users and FUB shall inform each other of significant events and changes or of claims asserted by third parties in connection with this agreement.

Notices of technical problems, security-relevant incidents, or possible misuse of MMT may be sent to the contact address stated in these Terms and Conditions.

§ 9 Data Protection and Processing on Behalf

The processing of personal data in the context of the use of MMT shall take place in accordance with the applicable data protection provisions.

The nature and purpose of the processing of personal data by MMT are as follows: personal data of users are processed in MMT for operation, IT security, support, and the provision of user-specific functions.

Where additional scientific infrastructures or services are used in individual projects, users will be informed thereof in advance; where required under data protection law, such processing operations shall be covered by supplementary agreements, in particular data processing agreements where processing is carried out on behalf of a controller.

In MMT, categories of personal data such as access and contact data (name, email address), usage and log data (e.g. IP address), as well as the contents uploaded by users and the processing results generated from them are processed.

The categories of data subjects covered by the processing include the users registered in MMT as well as other data subjects whose personal data may be contained in the contents and processing results uploaded by users (e.g. interviewees, third parties).

Where users who are not members of FUB have personal data processed by FUB in the context of using MMT, a separate data processing agreement (DPA) pursuant to Article 28 GDPR shall be concluded between the users as controllers and FUB as processor.

The DPA shall be made available to users in electronic form as part of the registration or activation process and must be confirmed separately.

These Terms and Conditions govern the general use of MMT and constitute the service description within the meaning of the DPA.

In the event of changes to the DPA, renewed consent shall be required; without such consent, access cannot be continued.

For the processing of access and contact data, usage and log data, and support and security operations, FUB is the controller within the meaning of the GDPR. Where users who are not members of FUB have personal data in the form of contents (uploaded content and the processing results generated therefrom) processed by MMT, FUB acts, where required, as a processor pursuant to Art. 28 GDPR.

Storage period, deletion, and the handling of backups and log data are additionally governed by § 2 of these Terms and Conditions.

Further information on data processing, in particular on the nature, scope, and purpose of processing and on the rights of data subjects, can be found in the privacy policy (https://portal.oral-history.digital/de/privacy_protection).

§ 10 Amendments to these Terms and Conditions

FUB may amend these Terms and Conditions insofar as this is necessary for legal, technical, or organizational reasons. Amendments shall be communicated to users in good time and shall only become effective once users have consented to them by confirming them at the next login in MMT. If users do not consent, FUB may terminate the user relationship with two weeks' notice effective at the end of a calendar quarter; data export in accordance with § 7 shall remain possible.

Final Provisions

Should any provision of these Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.

The law of the Federal Republic of Germany shall apply. The place of jurisdiction, insofar as legally permissible, shall be Berlin.

Contact: mmt@oral-history.digital