Terms and Conditions

Section 1 Scope (1) These Terms and Conditions apply to the use of the content publishing service Personativ of FHC+P GmbH (hereinafter "Provider") by entrepreneurs within the meaning of Section 14 BGB (German Civil Code) as well as by consumers within the meaning of Section 13 BGB. For contracts with consumers, the separate Right of Withdrawal shall additionally apply; in the case of services and digital content, the right of withdrawal may expire prematurely in accordance with the Right of Withdrawal. Section 2 Subject matter of the service (1) The Provider makes available software with which content can be captured once and prepared, scheduled and published channel-natively for various social media and web channels. Optionally, AI-supported functions (text preparation, image preparation, suggestions) as well as the generation of electronic invoices are available. (2) Publication on third-party platforms (e.g. social networks) takes place via their interfaces on behalf of and with the access credentials of the user; their availability and rules are beyond the Provider's control. (3) Use is based on a selected subscription as well as pre-purchased credit balances ("Credits") for consumption-based additional functions. Section 3 Registration and account (1) An account is required for use. The information provided must be truthful. Access credentials must be treated confidentially. Section 4 Prices and payment (1) The prices stated at the time of purchase apply. Purchased credit balances do not expire. (2) Consumption is weighted per operation (e.g. AI draft, image generation, transcription, video editing). Monthly credits included in the subscription expire at the end of the month. (3) Payments are processed via the payment service provider Stripe. (4) Price changes are only permissible if they are based on a change in the cost structure or in statutory requirements. The Provider will notify a price change in text form, with a notice period of six weeks and stating the reasons. In the event of a price increase, the user has a special right of termination, which may be exercised within two weeks of receipt of the change notification. (5) In the event of default in payment, the Provider is entitled to demand default interest at the statutory rate; vis-a-vis entrepreneurs, the default interest rate is nine percentage points above the base rate. After a reasonable payment deadline has expired without success, the Provider may suspend the service for the duration of the default and terminate the contract extraordinarily for good cause. Statutory rights, in particular more extensive rights vis-a-vis consumers, remain unaffected. Section 5 Obligations of the user (1) The user is responsible for the content entered and published by them and warrants that they hold the necessary rights. They indemnify the Provider against third-party claims arising from unlawful content. (2) The user complies with the terms of use of the connected third-party platforms. Section 6 Availability (1) The Provider endeavours to achieve high availability but does not owe it uninterrupted (maintenance, force majeure, disruptions at third-party providers). Section 7 Liability (1) Liability is governed by the statutory provisions. Liability for slight negligence is limited to the typical, foreseeable damage, unless liability for injury to life, body or health (Section 309 No. 7 lit. a BGB) or for gross negligence and intent is concerned. The limitation of liability does not apply to the breach of cardinal obligations, the fulfilment of which is what makes the proper performance of the contract possible in the first place and on whose observance the user may regularly rely. (2) The Provider accepts no liability for content generated by AI functions; it is for the user to review it. Section 8 Data protection (1) The Provider's Privacy Policy applies. Insofar as the user processes personal data of third parties, the Data Processing Agreement (DPA) additionally applies. Section 9 Amendments to the Terms and Conditions (1) The Provider may amend these Terms and Conditions. Users will be notified of a new version upon their next login and must agree to it in order to continue using the service. Consent is deemed to have been given if the user continues to use the service after four weeks have elapsed following the notice, unless they expressly reject the new version; attention is drawn separately to this effect in the notice. Section 10 Final provisions (1) German law applies. The place of jurisdiction is, to the extent permitted, the registered office of the Provider.