Terms and Conditions

These General Terms and Conditions (GTC) govern the use of the Viewsup software-as-a-service platform between the provider and its users.

§ 1 Scope and provider

(1) The provider of the Service is [First name Last name], [Address], Germany (hereinafter the "Provider"). These GTC apply to all contracts for the use of Viewsup (hereinafter the "Service") in the version valid at the time the contract is concluded.

(2) Any conflicting terms of the user are hereby rejected; they become effective only if the Provider expressly agrees to them in writing.

§ 2 Definitions

• A consumer is any natural person who concludes the contract for purposes that are predominantly outside their trade, business or profession (§ 13 BGB).
• An entrepreneur is a natural or legal person or a partnership with legal capacity that, when concluding the contract, acts in the exercise of its trade, business or profession (§ 14 BGB).
• A subscription is a recurring, billed usage contract for access to the Service or to certain service packages.
• Credits are a prepaid usage balance for using certain consumption-based features (e.g. AI generations, storage).

§ 3 Subject matter of the contract and description of services

(1) The Provider makes available a cloud-based platform with which users can plan, create, manage and analyze content as well as connect external channels. The specific scope of functions results from the respective service description and the selected plan.

(2) Dependence on third-party interfaces. The Service uses third-party interfaces and services, in particular OpenRouter, the Vercel AI Gateway, OpenAI (ChatGPT), Anthropic (Claude), Google (including Gemini, YouTube) as well as Twitch. The availability, scope of functions, terms and continued existence of these third-party services are outside the Provider's control. The Provider does not warrant that these interfaces will be available permanently, unchanged or without interruption. Changes, restrictions or outages at third-party providers may affect the availability of individual features without this constituting a defect in the Provider's performance.

(3) AI results. AI-powered features generate results on the basis of machine learning. The Provider does not warrant the accuracy, completeness, timeliness, lawfulness or fitness of these results for a particular purpose. The user remains responsible for checking and using the results.

§ 4 Registration and conclusion of contract

(1) Use requires the creation of a user account. The user is obliged to provide truthful information and to keep access credentials confidential.

(2) The contract is concluded when the Provider activates the account or confirms the selected plan. For paid plans, the contract is concluded upon completion of the order process and confirmation by the Provider.

§ 5 Prices, subscriptions and Credits

(1) The prices stated in the Service at the time of the order apply. Unless otherwise stated, prices are inclusive of any statutory value added tax.

(2) Subscriptions are billed in advance for the selected billing period (e.g. monthly or annually) and renew automatically for the respective period unless cancelled in due time.

(3) Credits are purchased in advance and are available for use once credited. Credits are consumed on a usage basis according to the tiers shown in the Service.

§ 6 Refunds, cancellation and balances

(1) Credits are non-refundable from the moment of purchase. Subject to mandatory statutory rights (in particular any right of withdrawal under § 7), Credits already purchased will not be refunded, paid out or converted into money, either in whole or in part. This applies in particular to Credits already consumed.

(2) The user may cancel their subscription at any time with effect from the end of the current billing period. Once the cancellation takes effect, the renewal ends; there is no pro-rata refund of subscription fees already paid for the current period, unless mandatory statutory provisions provide otherwise.

(3) The right of either party to terminate for cause without notice remains unaffected.

§ 7 Right of withdrawal for consumers

Consumers have a statutory right of withdrawal in accordance with the following withdrawal instructions. Entrepreneurs have no right of withdrawal.

Withdrawal instructions

Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded. To exercise your right of withdrawal, you must inform us ([First name Last name], [Address], [Email address]) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the model withdrawal form below, although this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal. If you withdraw from this contract, we shall reimburse all payments we have received from you without undue delay and no later than within fourteen days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement.

Early expiry of the right of withdrawal. In the case of a contract for the provision of services or the supply of digital content not on a tangible medium (e.g. activation of the Service, immediate use of Credits), your right of withdrawal expires if we have begun performance of the contract after you have expressly agreed that we may begin performance before the withdrawal period expires and you have confirmed your acknowledgement that you lose your right of withdrawal upon the commencement of performance through your consent (for services with complete performance of the contract). Insofar as the service has only been partially performed at the time of withdrawal, you owe a reasonable amount for the service already provided.

Model withdrawal form

(If you wish to withdraw from the contract, please fill out this form and send it back.)

• To: [First name Last name], [Address], [Email address]
• I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service: __________
• Ordered on (*) / received on (*): __________
• Name of consumer(s): __________
• Address of consumer(s): __________
• Signature of consumer(s) (only for notifications on paper): __________
• Date: __________
• (*) Delete as appropriate.

§ 8 User obligations and prohibitions

(1) The user undertakes not to use the Service improperly, not to create or distribute any unlawful, infringing or harmful content, and to comply with applicable law.

(2) When using connected platforms and third-party services (e.g. YouTube, Twitch, OpenAI), the user must comply with their respective terms of use and policies. The user ensures that they are authorized to connect the respective accounts and to process the data concerned.

(3) The user is responsible for the content and inputs they submit.

§ 9 Availability and changes to the service

(1) The Provider endeavors to achieve high availability of the Service but does not owe uninterrupted availability. Maintenance work, disruptions at third-party providers (§ 3 Abs. 2) as well as events of force majeure may restrict availability.

(2) The Provider is entitled to further develop the Service and adapt features, provided that the essential content of the service is preserved and this is reasonable for the user.

§ 10 Warranty and liability

(1) The statutory warranty rights apply, unless otherwise regulated in these GTC.

(2) The Provider is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, and under the Product Liability Act (Produkthaftungsgesetz).

(3) In the event of a slightly negligent breach of a material contractual obligation (cardinal obligation) whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the user may regularly rely, liability is limited to the foreseeable damage typical of the contract.

(4) Otherwise, liability for slight negligence is excluded. There is no further liability. The above limitations do not apply insofar as mandatory statutory provisions conflict with them.

§ 11 Data protection

You can find information on the processing of personal data in our Privacy Policy.

§ 12 Changes to these GTC

The Provider may amend these GTC with effect for the future, provided that this is necessary for good cause (e.g. a change in the legal situation, expansion of the range of services) and does not unreasonably disadvantage the user. The user will be informed of changes in an appropriate form. If the user does not object within a reasonable period, the amended GTC are deemed accepted; the significance of remaining silent will be specifically pointed out in the notice. The right of cancellation remains unaffected.

§ 13 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the consumer's country of residence.

(2) If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the Provider's registered office.

(3) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.

(4) The European Commission provides information on out-of-court online dispute resolution. The Provider is not obliged and generally not willing to participate in a dispute resolution procedure before a consumer arbitration board.