Terms of Use

1. Scope

These terms of use apply to the use of the Nabbly service at www.nabbly.de (hereinafter "Nabbly" or "the service"), operated by Digitmedia e.K., Gertrudstr. 17, 44388 Dortmund, Germany (hereinafter "we"). Provider details can be found in the Imprint.

By using Nabbly, in particular by pasting a URL and starting a download, you accept these terms. If you do not agree with them, please do not use the service. No registration is required; no continuing obligation is established.

The use of the YouTube and Instagram platforms is additionally governed by their own terms of service. You are responsible for complying with them.

2. Description of the service

Nabbly is a purely technical tool. You enter the address of a publicly accessible post; Nabbly retrieves the data made publicly available by the platform, shows a preview and provides the file for you to save in the format you choose. In doing so, video and audio tracks may be merged, audio tracks converted to MP3 or several images bundled into a ZIP archive.

Nabbly does not provide any content of its own, does not search platforms, does not recommend posts and does not store retrieved media permanently. All content originates from the respective platforms and their authors; we do not adopt it as our own and exercise no control over it. Temporary files are deleted no later than 15 minutes after completion (see Privacy Policy).

Not supported are, among others, private posts or posts shared only with specific persons, live streams, playlists, channels and content protected by technical protection measures (e.g. DRM). Which platforms, formats and resolutions are available depends on the respective post and the platforms and may change at any time.

The service is free of charge and ad-free. There is no entitlement to a particular feature, format or quality.

3. Permitted use

You may use Nabbly to save media

• that you have created yourself or to which you hold the necessary usage rights,
• that the rights holder has expressly released for download, for example under a free licence (e.g. Creative Commons) or by a download permission in the post,
• or whose reproduction for private use is permitted within the statutory limits of § 53 UrhG (German Copyright Act, private copy). This requires in particular that the source was not obviously produced or made publicly available unlawfully, that no technical protection measure is circumvented and that the copy serves exclusively private, non-commercial purposes.

You must check for yourself before each download whether these conditions are met in the individual case. If in doubt, obtain the author's permission or refrain from downloading.

4. Prohibited use

The following in particular is prohibited:

• downloading, reproducing, distributing, making publicly available or otherwise exploiting content in violation of copyright, related rights, trademark, personality or other rights of third parties;
• circumventing technical protection measures (§ 95a UrhG), such as DRM, age restrictions, access restrictions or login requirements, and attempting to use Nabbly for private or blocked content;
• automated or mass requests, for example via scripts, bots, scrapers or the integration of Nabbly into your own programs, apps or websites without our prior written consent;
• circumventing or defeating the request limits (rate limits), for example by using many IP addresses;
• commercial use of the service, in particular reselling downloaded content, offering Nabbly as your own service or charging fees for access;
• use for unlawful purposes, for harassment, for distributing malware or in a manner that impairs the operation, security or availability of Nabbly.

In the event of violations, we may block access to the service temporarily or permanently without prior notice, for example by blocking individual IP addresses.

5. Responsibility of the user

You alone are responsible for which URLs you enter, which content you download and how you subsequently use it. You warrant that you are entitled to each download and indemnify us against all third-party claims arising from your unlawful use of the service, including the reasonable costs of legal defence. This does not apply insofar as you are not responsible for the infringement.

The preview and format details are based on data from the platforms. Check downloaded files before use, in particular for content, quality and completeness.

6. Disclaimer and availability

Nabbly is provided free of charge and without warranty of any particular quality. We do not owe any particular availability, freedom from errors or continued support for individual platforms, formats or features. Changes at YouTube or Instagram may result in downloads being temporarily or permanently impossible. We may change, restrict or discontinue the service at any time.

We are liable for damage arising from the use of Nabbly only in cases of intent and gross negligence and for culpable injury to life, body or health. In the event of a slightly negligent breach of an essential contractual obligation (cardinal obligation), liability is limited to the foreseeable damage typical of the contract. Otherwise, liability is excluded. Liability under the German Product Liability Act and for fraudulently concealed defects remains unaffected.

We are not liable for the content of the downloaded media, for the content of the platforms or for infringements committed by users with the help of the service.

7. Request limits (rate limits)

To keep the service usable for everyone, the number of requests per IP address is limited, currently to 20 analyses and 10 downloads per minute. In addition, a maximum file size and a maximum processing time of 10 minutes per download apply. When a limit is reached, you will see a corresponding notice and can try again after a short time. We may adjust these limits at any time.

8. Changes to these terms

We may amend these terms of use with effect for the future, for example in the event of changes to the service or the legal situation. The version published on this page at any given time applies; you will find the date of the last change at the top under "Last updated". By continuing to use the service after a change, you accept the amended terms.

9. Applicable law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in another country, the mandatory consumer protection provisions of that country remain unaffected. If the user is a merchant, a legal entity under public law or a special fund under public law, Dortmund is the exclusive place of jurisdiction.

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected. These terms are provided in German and English; in case of doubt, the German version prevails.

10. Notice for rights holders (takedown)

Nabbly does not store any content permanently and does not host media libraries; each file is generated only at the request of a user and deleted after a short time. Should you nevertheless believe that the service infringes your rights, or if you wish certain content, channels or accounts not to be retrievable via Nabbly, please write to us at support@digitmedia.de.

Please state the URLs concerned, the work in which you hold rights, your contact details and a brief explanation. We review every notice promptly and block justified requests for the service.