Coontent
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Terms and Conditions

  1. Preamble

    Binder Innovations UG (hereinafter referred to as "Provider") offers "coontent," a web-based application that enables users to create marketing texts for various digital channels automatically and efficiently. The software particularly supports the creation of content for social media, email marketing, SEO, and SEM by generating customized texts in multiple languages. Additionally, "coontent" offers features for planning and publishing posts on various platforms. These Terms and Conditions (T&C) govern the use of the services offered and the contractual relationships between the Provider and the users.

  2. Scope

    1. These Terms and Conditions (T&C) apply to all contracts for the use of the web app "coontent" concluded between Binder Innovations UG (hereinafter referred to as "Provider") and its customers (hereinafter referred to as "Users").
    2. Users within the meaning of these T&C are both consumers and entrepreneurs.
    3. A consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
    4. An entrepreneur within the meaning of these T&C is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
    5. The web app 'coontent' uses advanced AI technologies, including a Large Language Model (LLM), to provide its services.

  3. Subject of the Contract

    1. The Provider makes the web app "coontent" available to the User as Software-as-a-Service (SaaS). Usage is via an internet connection using a compatible web browser.
    2. "coontent" offers the following main features:
      1. Automated creation of marketing texts for digital channels such as social media, email marketing, SEO, and SEM.
      2. Generation of customized texts in multiple languages.
      3. Planning and publishing posts on various platforms.
      4. Some features of "coontent" are based on artificial intelligence and generate content automatically. Despite careful development, it cannot be guaranteed that all AI-generated content is error-free or complete.
    3. The detailed features and functions of "coontent" are listed in the current service description on the Provider's website at www.coontent.io.
    4. The Provider strives for high availability of the web app but cannot guarantee uninterrupted availability. Planned maintenance work will, as far as possible, be carried out outside peak usage times.
    5. The Provider reserves the right to further develop and adapt the functions of "coontent" to improve the service or to adapt to changed legal frameworks. Significant changes will be communicated to the User in good time.
    6. The User is obliged to provide the technical requirements necessary for the use of "coontent," such as a stable internet connection and an up-to-date web browser.
    7. The User undertakes to keep the access data confidential and not to pass it on to third parties. In case of suspected misuse, the Provider must be informed immediately.
    8. The use of "coontent" is permitted exclusively for legal purposes. Unauthorized uses, such as uploading illegal content or infringing on third-party rights, are prohibited.
    9. Support services are offered via email during the Provider's business hours. Further support options can be viewed on the Provider's website.
    10. The separate privacy policy available on the Provider's website applies to the processing of personal data.

  4. Conclusion of Contract and Subscription Conditions

    1. Registration and Conclusion of Contract
      1. Registration for the use of "coontent" is exclusively via the Provider's website.
      2. During the registration process, the User must provide valid credit card details and confirm their email address.
      3. After successful registration and email confirmation, the user account is automatically activated, and the User receives a confirmation email.
    2. Trial Period
      1. New users have the opportunity to test "coontent" free of charge for a period of 7 days.
      2. Two days before the end of the trial period, the User will receive a reminder email that the trial period is ending and the subscription will automatically become chargeable unless canceled.
      3. No fees are charged during the trial period, and the User has full access to the selected features.
    3. Subscription Models
      1. After the trial period ends, the subscription will automatically become chargeable unless the User cancels before the end of the trial period.
      2. The following subscription models are available:
        • Monthly Subscription: Billed monthly in advance; renewal on the 1st of each month.
        • Annual Subscription: Billed annually in advance; price corresponds to 10 monthly payments, thus 2 months discount; renewal after 365 days.
      3. The current prices and service scopes can be viewed on the Provider's website.
    4. Payment Terms
      1. Accepted payment methods are credit card (Mastercard, VISA), PayPal, and SEPA direct debit.
      2. The first debit occurs after the trial period ends; in the case of automatic renewal, at the beginning of the new billing period.
      3. If payments fail, the User will be informed. If the outstanding amount is not settled within 7 days, the Provider reserves the right to automatically cancel the subscription.
    5. Termination
      1. The User can cancel the subscription at any time via the user account in the profile area.
      2. The termination becomes effective at the end of the current billing period.
      3. After termination, the User will receive a confirmation email with the date until which the app can still be fully used. Access ends thereafter unless the User subscribes again.
      4. Each termination is logged by the Provider, including date, time, and identification of the user account, to ensure legal certainty.
      5. The User can reverse an initiated termination until the end of the current billing period by contacting the Provider's support or using the corresponding function in the user profile.

  5. User Rights and Obligations

    1. Granting of Usage Rights
      1. The Provider grants the User a simple, non-transferable, and non-sublicensable right to use the web app "coontent" during the contract term in accordance with these T&C.
      2. The use of the app for third parties is permitted, provided the third party has expressly agreed to it.
    2. Usage Restrictions
      1. The User is prohibited from copying, modifying, reverse engineering, decompiling, or otherwise editing the software.
      2. Any form of "Prompt Injection" is expressly prohibited.
      3. The use of the software for illegal activities or uploading unlawful content is prohibited.
    3. User Obligations
      1. The User is obliged to keep their access data confidential and protect it from third-party access. In case of suspected misuse, the User must inform the Provider immediately.
      2. It is the User's responsibility to regularly back up their data stored in the app to prevent potential data loss.
    4. Responsibility for Content
      1. The User is solely responsible for all content they enter into the app or distribute via the app.
      2. The Provider reserves the right to review content and remove it if it violates these T&C or applicable law.
    5. Violation of Obligations
      1. In case of justified suspicion of a violation of the mentioned obligations, the Provider is entitled to suspend the user account until the matter is clarified.
      2. During the suspension, the User has no claim to compensation.

  6. Liability Limitations and Warranty

    1. Warranty
      1. The Provider provides the web app "coontent" with due care.
      2. No warranty is given that the software meets the specific requirements of the User or that it is available without interruption, timely, secure, and error-free.
      3. The User's warranty claims are governed by statutory provisions.
    2. Liability Limitations
      1. The Provider is fully liable for damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty by the Provider.
      2. For other damages, the Provider is only liable in cases of intent and gross negligence.
      3. In cases of slight negligence, the Provider is only liable for the breach of essential contractual obligations (cardinal obligations). In such cases, liability is limited to the contract-typical, foreseeable damage.
      4. Liability for lost profits, indirect damages, or consequential damages is excluded.
    3. Liability Exclusions
      1. The Provider is not liable for data loss if the User has not fulfilled their obligation to regularly back up data.
      2. The Provider assumes no liability for content posted by the User or third parties in the app.
      3. Events of force majeure that significantly impede or make performance impossible release the Provider from its obligations for the duration of the impairment.
    4. Consumer Rights
      1. Statutory warranty rights apply to consumers without restriction.
      2. The above liability limitations do not apply in cases of fraud, in the event of a guarantee, or for claims under the Product Liability Act.

  7. Special Provisions for AI-Generated Content

    1. Use of Artificial Intelligence
      1. The web app "coontent" uses APIs from generative AI of various companies (hereinafter "AI") to generate content. Users can influence the generated content by filling in specific parameters in the "Create Campaign" process.
    2. Influence on Generated Content
      1. The parameters provided by the User influence the content generated by the AI.
      2. The Provider has no direct influence on the specific content generated based on user input.
    3. Liability for AI-Generated Content
      1. The Provider does not guarantee the accuracy, completeness, or suitability of the content generated by the AI.
      2. Users are obliged to review and evaluate the generated content independently before using or distributing it.
      3. The Provider is not liable for damages resulting from the use or reliance on AI-generated content unless such damages are due to intentional or grossly negligent behavior by the Provider.
    4. User Responsibility
      1. Users are responsible for ensuring that the parameters entered in the "Create Campaign" process comply with legal requirements and do not generate unlawful or harmful content.
      2. Users are prohibited from using the generated content for illegal purposes or making it accessible to third parties.
    5. Usage Restrictions
      1. Users may not misuse the content generated by the AI, particularly for creating or distributing unauthorized, harmful, or misleading content.
      2. Any attempts to manipulate or impair the functionality of the AI are prohibited.
    6. Changes and Updates
      1. The Provider reserves the right to regularly review and adjust the use of the AI to ensure the quality and safety of the generated content.

  8. Use of Third-Party Services

    1. Integration of Third-Party Services
      1. The web app "coontent" uses APIs and services from third-party providers, including but not limited to the "GPT 4o" API from OpenAI, Meta, X (formerly Twitter), and other platforms.
      2. These third-party services are used to enable specific functions of the web app, such as AI-generated content, integration with social networks, and publishing posts.
    2. Responsibility of Third-Party Providers
      1. The Provider assumes no responsibility for the availability, error-free operation, or performance of these third-party services.
      2. Restrictions, interruptions, or changes in the functionality of third-party services that are beyond the Provider's control release the Provider from any liability.
    3. Changes and Termination of Third-Party Services
      1. The Provider reserves the right to change, restrict, or terminate the use of certain third-party services at any time if this is necessary for technical, economic, or legal reasons.
      2. The User will be informed in good time about significant changes or the discontinuation of third-party services.
    4. Terms of Use of Third-Party Providers
      1. The terms of use and privacy policies of the third-party providers apply in addition to these T&C for the use of the third-party services integrated into the web app.
      2. The User is obliged to familiarize themselves with and comply with the respective terms of the third-party providers.
    5. Disclaimer for Content
      1. Content provided or processed by third-party services is the sole responsibility of the respective third-party provider. The Provider is not liable for damages resulting from the use or reliance on such content.

  9. Special Provisions for Consumers

    1. Right of Withdrawal
      1. Consumers have the right to withdraw from the contract within 14 days without giving any reason.
      2. The withdrawal period is 14 days from the day of the conclusion of the contract.
      3. To exercise the right of withdrawal, the consumer must inform the provider of their decision to withdraw from the contract by means of a clear statement (e.g., a letter sent by post or an email).
      4. To meet the withdrawal deadline, it is sufficient for the consumer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
    2. Exceptions to the Right of Withdrawal
      1. The right of withdrawal expires if the provider has begun the performance of the contract with the consumer's express consent and with their acknowledgment that they lose their right of withdrawal once the contract has been fully performed.
      2. There is no right of withdrawal for the use of the web app "coontent" during the trial phase, as it is provided free of charge.
    3. Loss of the Right of Withdrawal for Digital Content
      1. Consumers lose their right of withdrawal if:
        • the service has been fully performed, and
        • the provider has begun the performance with the consumer's prior express consent, and
        • the consumer has acknowledged that they lose their right of withdrawal once the performance has begun.
    4. Consequences of Withdrawal
      1. In the event of a valid withdrawal, all payments received by the provider from the consumer, including delivery costs (except for additional costs arising from the consumer's choice of a delivery method other than the least expensive standard delivery offered by the provider), will be refunded without delay and no later than 14 days from the day on which the provider received the notification of withdrawal.
      2. For the refund, the provider will use the same payment method that the consumer used for the original transaction, unless expressly agreed otherwise with the consumer.
    5. Special Consumer Rights
      1. Consumer rights under applicable statutory provisions remain unaffected by these T&C.

  10. Intellectual Property Rights

    1. Provider's Ownership Rights
      1. The web app "coontent," including its source code, designs, logos, trademarks, and all other components, is the intellectual property of Binder Innovations UG or the respective licensors.
      2. All rights to the software, content, and services provided remain with the provider or the licensors. No transfer of ownership rights occurs.
    2. Limited Usage Rights
      1. The provider grants the user a non-exclusive, non-transferable, and non-sublicensable right to use the web app "coontent" during the contract term in accordance with these T&C.
      2. This usage right is solely for the purposes defined in these T&C.
    3. Prohibited Actions
      1. The user is prohibited from:
        • Copying, reproducing, modifying, reverse engineering, decompiling, or otherwise editing components of the web app or the provided content, unless expressly permitted by law.
        • Using trademarks, logos, or other copyrighted content without prior written permission from the provider.
    4. User Content
      1. The user retains ownership of all content they create or upload via the web app.
      2. The user grants the provider the right to use this content as part of the contractual service provision.
    5. Violations of Intellectual Property Rights
      1. In the event of a violation of the provider's intellectual property rights, the provider reserves the right to block the user's access to the web app and take legal action.
    6. Data Deletion After Contract Termination
      1. After the termination of the contractual relationship, the provider will delete all personal data of the user as well as the content stored by the user in the web app, unless there are legal retention periods.
      2. User content generated or uploaded during the contract term can be exported upon the user's express request before the contract ends.
      3. The provider reserves the right to use anonymized data for internal analysis or statistical purposes.

  11. Final Provisions

    1. Applicable Law
      1. These Terms and Conditions and the contractual relationship between the provider and the user are governed exclusively by the law of the Federal Republic of Germany.
      2. For consumers, the mandatory provisions of the law of the state in which the consumer has their habitual residence apply, provided these are more favorable.
    2. Jurisdiction
      1. For all disputes arising from or in connection with this contract, the place of jurisdiction is the provider's registered office, provided the user is a business.
      2. Consumers can bring legal action at their place of residence or at the provider's registered office.
    3. Alternative Dispute Resolution
      1. The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
      2. However, consumers can use the European Commission's Online Dispute Resolution platform (ODR platform) at https://ec.europa.eu/consumers/odr/.
    4. Changes to the T&C
      1. The provider reserves the right to change these T&C at any time to reflect changes in the legal, economic, or technical environment.
      2. Changes to the T&C will be communicated to the user at least 30 days before they take effect via email.
      3. If the user does not object to the changes within this period, the new T&C are considered accepted. The provider will inform the user of this legal consequence in the change notification.
    5. Communication and Notices
      1. All notices related to these T&C, including terminations or changes, will be made in text form via email unless another form is expressly agreed upon.
      2. The user is obliged to provide a current and functional email address and to check it regularly.
      3. Notices from the provider are considered received when sent to the email address provided by the user.
    6. Severability Clause
      1. Should individual provisions of these T&C be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected.
      2. The parties undertake to replace the invalid or unenforceable provision with one that comes closest to the economic purpose of the original provision.
    7. Contract Language
      1. The contract language is German. In case of discrepancies between the German version and other language versions of these T&C, the German version shall prevail.