Terms and Conditions (T&C)

for the SaaS Offering by Nils Haberkamp, Sole Proprietorship

1. Scope

These Terms and Conditions (T&C) apply to all contracts between Nils Haberkamp, Sole Proprietorship (hereinafter "Provider") and business customers within the meaning of Section 14 of the German Civil Code (BGB) (hereinafter "Customer") regarding the use of the Provider's software-as-a-service platform.

The service is offered exclusively to business customers. Consumers within the meaning of Section 13 BGB are excluded from use.

2. Description of Services

The Provider offers an online platform that enables Customers to create and manage social media content. An optional AI-powered content generation feature is available.

The AI functionality is provided through OpenRouter, which provides models from various third-party providers (e.g., Google, Anthropic, OpenAI, and others).

The Provider does not guarantee any specific marketing results, reach, revenue, or performance outcomes for the Customer.

3. Conclusion of Contract

A contract is formed when the Customer registers on the platform and subscribes to a paid plan.

Use of the platform requires acceptance of these T&C.

4. Subscription and Trial Period

The Provider offers one subscription tier, which the Customer may subscribe to either:

• on a monthly basis, or
• on a yearly basis.

Both plans include a 7-day free trial period.

If the Customer does not cancel within the trial period, the subscription automatically converts into a paid plan.

The subscription automatically renews for the selected billing cycle unless terminated by the Customer.

5. Cancellation

The Customer may cancel the subscription at any time, with no notice period required.

After cancellation, the Customer retains access until the end of the current paid billing period.

Access is disabled afterward.

No prorated refunds are issued for partial billing periods.

6. Pricing and Payment Terms

The Provider is a small business under Section 19 of the German VAT Act (UStG).

All prices are net prices, and no VAT is charged or shown.

Payments are processed through polar.sh, which uses Stripe as its payment service provider.

The Provider reserves the right to adjust prices.

Customers will be notified at least 14 days in advance.

If a payment fails, the Provider may suspend access until payment is successfully completed.

7. Rights of Use and Customer Content

The Customer retains full ownership and all rights to the content they create or upload.

The Provider may only use Customer content for marketing or demonstration purposes with the Customer's explicit prior consent.

The Customer is responsible for ensuring the legality and rights clearance of their content.

8. AI-Generated Content

AI-generated content may contain inaccuracies, biases, copyrighted elements, or errors.

The Provider assumes no liability for AI-generated content, its correctness, legality, or usability.

The Customer is responsible for reviewing AI-generated content before use.

9. Availability

The Provider does not guarantee any specific uptime or availability of the platform.

Maintenance, outages, or disruptions may occur.

The Provider is not liable for downtime, data loss, or service interruptions.

10. Support

Support is provided on a best-effort basis.

There is no guaranteed response time.

11. Limitation of Liability

The Provider is liable only for intentional misconduct and gross negligence.

Liability for ordinary negligence is excluded.

The Provider is not liable for:

• lost profits,
• data loss,
• indirect or consequential damages,
• failures of third-party providers such as OpenRouter or Stripe.

Mandatory liability under the German Product Liability Act remains unaffected.

12. Use of Third-Party Services

The Customer acknowledges that the Provider uses external services, including:

• OpenRouter for AI models,
• polar.sh and Stripe for payments.

The Provider assumes no responsibility or liability for third-party service availability, functionality, or data processing.

13. Changes to the T&C

The Provider may update these T&C.

Customers will be notified at least 14 days in advance.

If the Customer does not object, the changes are deemed accepted.

14. Final Provisions

German law applies, excluding the CISG (UN Purchase Law).

The place of jurisdiction is the Provider's business location.

If any provision is invalid, the remaining provisions remain in force.

15. Language Version and Legal Validity

This English version of the Terms and Conditions is provided for convenience only.

In case of any discrepancies or interpretation issues, the German version shall prevail and is legally binding.