General Terms and Conditions

§ 1 Scope

These General Terms and Conditions (GTC) apply to all contracts between [FIRMENNAME] (hereinafter "Provider") and its customers (hereinafter "User") regarding the use of the social media management platform "BICEPS AI".

§ 2 Subject Matter of the Contract / Description of Services

The Provider makes available to the User a software-as-a-service platform that comprises the following core functions:

• Content planning and creation with AI support
• Approval workflows between agency and customer
• Publishing to connected social media platforms
• Analysis of optimal posting times and engagement metrics

§ 3 Conclusion of Contract

The contract is concluded by confirming an invitation from the Provider or from an agency already bound by contract. By accepting the invitation, the User confirms the applicability of these GTC.

§ 4 Prices and Payment

[PREISMODELL EINFÜGEN — e.g. monthly subscription fee per customer, monthly/annual invoicing, means of payment, consequences of payment default]

§ 5 Term and Termination

[LAUFZEIT EINFÜGEN — e.g. monthly term with a notice period of 14 days to the end of the month; or annual term, etc.]

The right to extraordinary termination for good cause remains unaffected.

§ 6 Rights of Use

For the term of the contract, the User is granted a non-exclusive, non-transferable right to use the platform. Transfer to third parties, modification or reverse engineering is prohibited.

Content that the User uploads to the platform (posts, media, texts) remains their intellectual property. The User grants the Provider the rights of use necessary for the provision of the services.

§ 7 Obligations of the User

• Correct and up-to-date registration details
• Confidentiality of access credentials and use of 2FA
• No content that violates applicable law or the rights of third parties
• Compliance with the terms of use of the connected social media platforms

§ 8 Availability

The Provider endeavours to ensure platform availability of 99% on an annual average. Maintenance work and outages of third parties (e.g. social media APIs) are excluded from availability.

§ 9 Liability

The Provider is liable without limitation for intent and gross negligence as well as for damages arising from injury to life, body or health. For slight negligence, the Provider is liable only in the event of a breach of essential contractual obligations and is limited to the damage typically foreseeable at the time the contract was concluded.

§ 10 Data Protection

The collection and processing of personal data is carried out in accordance with the Privacy Policy. As a processor within the meaning of Art. 28 GDPR, the Provider concludes a separate data processing agreement (DPA) with its customers.

§ 11 Final Provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is — to the extent legally permissible — the registered office of the Provider. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.