General Terms and Conditions (GTC)

1.1. These General Terms and Conditions (GTC) apply to all contracts between AMP Beratung, owner: Anja Miebach, Langer Weg 7b, 33332 Gütersloh, Germany (hereinafter "Provider") and its customers (hereinafter "Customer") regarding the use of the SaaS platform CodaAI (hereinafter "Platform").

1.2. These GTC apply exclusively. Any deviating terms and conditions of the Customer shall not be recognised unless the Provider expressly agrees to their applicability in writing.

2.1. The Provider grants the Customer access to the CodaAI platform as Software-as-a-Service (SaaS) for the duration of the contract. The Platform enables AI-assisted creation of content such as texts, images and videos.

2.2. The specific scope of features depends on the subscription plan chosen by the Customer ("Subscription Plan"). A description of the plans is available on the Provider's website under "Pricing".

2.3. The Provider's obligation is limited to making the Platform available. The Customer alone is responsible for the content created using the Platform and its suitability for a specific purpose. The Provider does not guarantee any specific commercial success.

3.1. Use of the Platform requires registration. By completing the order process on the website, the Customer submits a binding offer to conclude a usage agreement.

3.2. The contract is concluded when the Provider accepts the offer by means of a confirmation e-mail or activates access to the Platform.

3.3. Where a free trial period is offered, the Customer may test the Platform for the specified period without obligation. If the Customer does not cancel before the end of the trial period, the contract automatically converts to the chosen paid subscription.

4.1. The Provider grants the Customer a non-exclusive, non-transferable right, limited to the term of the contract, to access and use the Platform for the Customer's own purposes.

4.2. Rights to Generated Content: All rights to the content generated by the Customer through use of the Platform (texts, images, etc.) belong to the Customer. However, the Customer grants the Provider the right to process the data entered (prompts, texts) and forward them to the connected AI services in order to provide the service.

4.3. Acceptable Use: The Customer undertakes not to use the Platform to create content that is illegal, infringes the rights of third parties (e.g. copyright, trade mark or personality rights), or is hateful, discriminatory or pornographic.

4.4. The Customer is solely responsible for the data entered and for reviewing and using the generated content. The Customer shall indemnify the Provider against all third-party claims arising from unlawful use of the Platform by the Customer.

5.1. The fees set out in the chosen Subscription Plan apply to the use of the Platform. All prices are quoted net plus applicable statutory VAT.

5.2. Fees are due monthly or annually in advance depending on the plan chosen. Payment is made via the payment methods listed on the website (e.g. credit card via Stripe).

6.1. The Provider guarantees Platform availability of 99% on an annual average. Excluded are periods during which the servers cannot be reached due to technical or other problems beyond the Provider's control (e.g. force majeure, third-party fault).

6.2. The Provider may temporarily restrict access to the Platform for scheduled maintenance. Where possible, the Provider will carry out such work outside normal business hours and announce it in advance.

7.1. The Provider shall be liable without limitation for intent, gross negligence and injury to life, body or health.

7.2. Liability for AI-Generated Content: The Provider accepts no liability for the accuracy, completeness, quality or lawfulness of the content generated by the Platform. AI-generated results may contain errors or be inaccurate. The responsibility for reviewing and approving content before use lies exclusively with the Customer.

7.3. Otherwise, the Provider's liability for slight negligence is excluded unless material contractual obligations (cardinal obligations) are breached. In such a case, liability is limited to the foreseeable, typical damage.

8.1. The contract is concluded for an indefinite period and may be terminated by the Customer at the end of the monthly or annual term depending on the plan chosen.

8.2. The right to extraordinary termination for good cause remains unaffected.

8.3. Any termination must be in text form (e.g. via the user account or by e-mail).

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

9.2. The place of jurisdiction for all disputes arising from this contract is Gütersloh, provided the Customer is a merchant.

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