Terms and Conditions for the use of admark.ai by Businesses
For reasons of better readability, the simultaneous use of masculine, feminine and diverse (m/f/d) language forms is omitted. All personal designations apply equally to all genders.
AddThisAI UG with its registered office at 21493 Schwarzenbek, Theodor-Storm-Weg 18, is the operator of the website "admark.ai" (hereinafter "admark.ai").
The following General Terms and Conditions for the use of the admark.ai platform by entrepreneurs (hereinafter "Terms and Conditions") apply to the use of the admark.ai website and its subpages as well as to all services provided by admark.ai to the entrepreneur that are offered or agreed upon by other means (e.g. email, in writing or (remote) orally). The entrepreneur acknowledges the following Terms and Conditions as binding.
admark.ai offers entrepreneurs the opportunity to create, analyze and optimize posts for various social networks such as Facebook, Instagram, LinkedIn, etc. using artificial intelligence.
The use of the platform is subject to charges. Full use of the platform requires registration and acceptance of the following Terms and Conditions.
I. Scope and Definitions
1) These Terms and Conditions apply to contracts concluded with companies or entrepreneurs. An entrepreneur is a natural or legal person or a legal partnership acting in the exercise of their commercial or independent professional activity when concluding a legal transaction (§ 14 BGB - German Civil Code).
2) A contract is concluded exclusively between admark.ai and the entrepreneur.
3) Deviating regulations and terms and conditions of the entrepreneur only apply to the contractual relationship between admark.ai and the entrepreneur insofar as admark.ai confirms these in text form.
II. Scope of Services for Entrepreneurs
admark.ai grants the entrepreneur access to the following services in particular after registration:
1) Permanent access to the admark.ai platform.
2) Introduction regarding the use of the platform.
3) Generation of texts, images and graphics for posts in social networks using artificial intelligence.
4) Analysis and optimization of published posts on social networks.
5) The use of admark.ai requires paid credits. The entrepreneur receives credits by concluding a paid monthly subscription. The entrepreneur decides upon registration for one of the following subscriptions. The subscription can be changed with effect from the next month:
Standard:
For the "Standard" subscription, costs of €49.99 are due. The entrepreneur receives 50 credits for this. The entrepreneur can use the credits to generate images, texts and graphics. Details can be found in Appendix 1 to these Terms and Conditions.
Professional:
For the "Professional" subscription, costs of €389.99 are due. The entrepreneur receives 250 credits for this. The entrepreneur can use the credits to generate images, texts and graphics. Details can be found in Appendix 1 to these Terms and Conditions.
Enterprise:
For the "Enterprise" subscription, costs of €1499.99 are due. The entrepreneur receives 2000 credits for this. The entrepreneur can use the credits to generate images, texts and graphics. Details can be found in Appendix 1 to these Terms and Conditions.
6) In addition, separate individual subscriptions can also be agreed between admark.ai and the entrepreneur. Such an individual agreement applies exclusively between the contracting parties and is not transferable to third parties.
7) admark.ai provides a Credit Shop. In the Credit Shop, the entrepreneur can purchase additional credits. Details on this can be found in Appendix 2 to these Terms and Conditions.
8) The entrepreneur is entitled to grant access to admark.ai to additional users. The maximum number of additional users is determined by the selected subscription.
9) admark.ai does not guarantee that all content generated by admark.ai will meet the user's complete satisfaction. Such a guarantee cannot be provided because the results depend on various factors, including the user's inputs and the functioning of the artificial intelligence.
III. Registration on the Platform and Use of the Account
1) The entrepreneur creates their own user profile.
2) To create an account, the company, legal representative and email address must be provided correctly.
3) The entrepreneur is obligated to update their data in the account if it changes.
4) Access data must be kept secret.
5) admark.ai provides the entrepreneur with access to the platform during the contract term. The platform is operated on servers in the European Union.
6) If the entrepreneur becomes aware of unauthorized access to access data or their account with admark.ai, they will inform admark.ai immediately in text form and change or have changed the affected access data.
IV. Availability
1) The availability of the platform for the entrepreneur may be temporarily restricted by admark.ai for reasons of security, integrity or functionality of the platform as a whole or individual parts. This particularly includes restrictions for carrying out maintenance work.
2) If the restricted availability is foreseeable or plannable for admark.ai, admark.ai will inform the entrepreneur about this in good time in advance and will appropriately consider the legitimate interests of the entrepreneur.
3) In case of unforeseeable disruptions to availability, admark.ai will inform the entrepreneurs in an appropriate manner.
4) The entrepreneur is aware that the use of admark.ai requires an internet connection.
5) admark.ai is not responsible for services not being usable due to inadequate or non-existent internet connection.
6) admark.ai supports the entrepreneur with technical problems through support. Support can be reached at "https://www.admark.ai/contact" or by email at "[email protected]".
V. Contract Duration and Termination
1) The contracts run for an indefinite period.
2) If, due to factual indications, there is suspicion that the entrepreneur's access data is misused or used contrary to the contract, admark.ai is entitled to block access and provide the user with new access data. admark.ai will appropriately consider the legitimate interests of the entrepreneur.
3) admark.ai is entitled to block or delete an account in case of repeated violations by the entrepreneur against the contractual agreements with admark.ai (in particular, but not exclusively, these Terms and Conditions), general laws or good morals. admark.ai considers the legitimate interests of the entrepreneur when choosing measures.
4) The entrepreneur can terminate the usage contract concluded with admark.ai based on these Terms and Conditions at any time at the end of the month. For this, the entrepreneur can contact admark.ai via "[email protected]" or declare termination in their platform profile.
5) The right to extraordinary termination for important cause remains unaffected.
6) An important cause exists in particular, but not exclusively, if admark.ai or the entrepreneur cannot permanently provide the services agreed under section II without fault.
7) An extraordinary right of termination also exists if the entrepreneur falls into arrears with payment of the agreed fee for four weeks without fault.
VI. Data Protection
For the use of the platform, it is necessary that entrepreneurs provide personal data. Regarding the processing of personal data, reference is made to the privacy policy of admark.ai. Here is the link to admark.ai's privacy policy: https://admark.ai/en/legal/privacy-policy
VII. Limitation of Liability
1) Liability of admark.ai for damages, regardless of the legal basis, only occurs
a) in the absence of a possibly guaranteed condition;
b) for culpable injury to life, body or health;
c) if the damage is based on a culpable violation of an essential contractual obligation (cardinal obligation). The term cardinal obligation abstractly describes such obligations whose fulfillment enables the proper performance of the contract in the first place and on whose compliance the contracting party may regularly rely; or
d) if the damage is attributable to gross negligence or intent of admark.ai.
2) In case of violation of a cardinal obligation (according to point VII. 1) c)), liability, insofar as the damage is based merely on simple negligence, is limited to the typically arising, foreseeable damage.
3) The stated limitations of liability also apply analogously to employees and agents of admark.ai.
4) Liability under the Product Liability Act remains unaffected by this provision.
5) No liability exists beyond the aforementioned para. a) to para. d).
6) Contractual liability claims, insofar as they are limited hereby, become statute-barred after one year.
VIII. Final Provisions
a) German law applies.
b) The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
c) In case of disagreements and disputes arising from this contract, Hamburg is the exclusive place of jurisdiction.
d) Set-off with claims other than undisputed or legally established claims is excluded.
e) The exercise of a right of retention that is not based on a right from this contract is excluded.
f) Should a provision of these Terms and Conditions be wholly or partially invalid or become invalid, this shall not affect the validity of the contract otherwise. The invalid provision will be replaced by a valid one that comes closest to what was economically intended. The same applies if a gap requiring supplementation should arise during the performance of the contract.
