AGB

Terms of Service

Last updated: [DATE]

1. Scope and provider

These General Terms and Conditions (GTC) govern the use of the software-as-a-service product Zoomaa AI, provided by [LEGAL COMPANY NAME, ADDRESS] ("we", "us", "provider") to its customers ("customer", "you").

These GTC apply exclusively. Conflicting, deviating or supplementary terms of the customer do not become part of the contract unless we have expressly agreed to their validity in writing (Section 305 BGB).

Target group. Our offer is directed exclusively at entrepreneurs within the meaning of Section 14 BGB, at legal entities under public law and at special funds under public law. It is not directed at consumers within the meaning of Section 13 BGB. [If you do sell to consumers, this clause must be removed and a statutory right of withdrawal (Widerrufsbelehrung, Sections 312g, 355 BGB) plus a withdrawal form must be added.]

2. Conclusion of contract

The presentation of our services on the website does not constitute a binding offer, but an invitation to submit an offer (invitatio ad offerendum).

By registering for an account and selecting a plan, you submit a binding offer to conclude a contract. The contract comes into effect when we confirm the registration or activate the service for you.

3. Scope of services

Zoomaa AI is a cloud-based service that supports the creation, scheduling and publication of content on the LinkedIn platform, the automated handling of comments and direct messages, and the collection and management of resulting leads.

The specific scope of functions depends on the plan booked. We are entitled to further develop the service and to make changes that improve it or that are necessary for legal or technical reasons, provided this is reasonable for the customer.

We provide the service with an availability of [e.g. 99%] per calendar year (annual average). Excluded from this are periods of scheduled maintenance, which we announce in advance where possible, and downtime for which we are not responsible, in particular disruptions at third-party providers or force majeure.

4. Third-party platforms (LinkedIn)

The service interacts with the LinkedIn platform, which is operated by a third party. We have no influence on the availability, interfaces, terms of use or policy changes of that platform.

The customer is obliged to comply with the applicable terms of use of the third-party platform. The customer is responsible for ensuring that its use of the service, in particular automated messaging, is permissible under those terms and under applicable law.

We are not liable for measures taken by the platform operator against the customer's account, such as restrictions or blocking, unless we are responsible for such measures.

5. Customer obligations

Provide accurate registration data and keep it up to date.
Keep access credentials confidential and protect them from third-party access.
Not to use the service for unlawful purposes, in particular not to send unlawful advertising or spam.
To ensure a valid legal basis for the processing of personal data of contacted persons, in particular for direct marketing.
Not to impair the service, in particular not to circumvent technical restrictions, and not to use automated procedures beyond the intended interfaces.

If the customer culpably breaches these obligations, we may temporarily block access. Claims for damages remain reserved.

6. Prices and payment

The prices stated at the time of booking apply. All prices are [net, plus statutory VAT / gross].

Payment is made in advance for the respective billing period (monthly or annually) via the payment methods offered. Invoices are issued electronically.

If the customer is in default of payment, we may, after a reminder and a reasonable grace period, block access to the service. Statutory claims, in particular to default interest pursuant to Section 288 BGB, remain unaffected.

7. Term and termination

The contract runs for the booked term (monthly or annually) and is automatically renewed by the same period unless it is terminated with [e.g. 30 days'] notice to the end of the respective term.

The right of both parties to terminate for good cause without notice pursuant to Section 314 BGB remains unaffected. Good cause exists in particular if the customer seriously breaches its obligations under section 5 despite a warning.

Terminations must be made in text form (for example by email) or via the function provided in the product.

After the contract ends, we delete the customer's data within [e.g. 30 days], unless statutory retention obligations require otherwise. The customer is responsible for exporting its data in good time before the end of the contract.

8. Rights of use

For the duration of the contract, the customer receives a simple, non-transferable, non-sublicensable right to use the service for its own business purposes.

All rights to the software, the source code, the design and the trademarks remain with us. The customer retains all rights to the content it creates and uploads. The customer grants us the simple right to process this content to the extent necessary to provide the service.

9. Warranty

The statutory provisions on rental law (Sections 535 et seq. BGB) apply to the provision of the software, unless otherwise agreed here. The strict liability for initial defects pursuant to Section 536a (1) alternative 1 BGB is excluded.

The customer must report defects without undue delay and in a comprehensible form.

10. 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 that we have assumed a guarantee.

In the case of slight negligence, we are only liable in the event of a breach of a material contractual obligation (cardinal obligation), that is, an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely. In this case, liability is limited to the foreseeable damage typical for this type of contract.

Any further liability is excluded. This limitation also applies in favour of our legal representatives, employees and vicarious agents.

The customer is responsible for regularly backing up its data. In the event of data loss, we are only liable for the expense that would have been necessary to restore the data had the customer backed it up properly.

11. Data protection

We process personal data in accordance with our Privacy Policy.

Insofar as we process personal data on behalf of the customer, in particular data of persons who interact with the customer's content, the parties shall conclude a data processing agreement pursuant to Art. 28 GDPR. In that relationship the customer is the controller and we act as processor.

12. Changes to these terms

We may amend these GTC with effect for the future where this is necessary for valid reasons, in particular due to changes in the law, in case law, or to the services provided, and where the customer is not unreasonably disadvantaged.

We will notify the customer of the changes in text form at least [e.g. 6 weeks] before they take effect. The changes are deemed to be approved if the customer does not object in text form before the date on which they are due to take effect. We will draw attention to this consequence separately in the notification.

13. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is [CITY OF YOUR REGISTERED OFFICE].

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.