1.1. These general terms of use and business conditions ("Terms and Conditions" or "T&C") apply to all Software as a Service ("SaaS" or "Software") services within the framework of the contractual relationship ("Contract") between Deploy Innovation UG (haftungsbeschränkt) ("Company", "Linkedpen", "we") with the current address and commercial registry information as stated in the imprint on the website linkedpen.com/impressum, and the individual entrepreneur or company as customer ("Customer," "you") with all contents, functions, services, and rules. The Customer's general terms and conditions become part of the Contract only if explicitly approved in writing by Linkedpen.
1.2. Customers can only be entrepreneurs within the meaning of § 14 BGB (German Civil Code). The T&C do not apply to consumers within the meaning of § 13 BGB.
2.1. The subject matter of the Contract is the use of the Software within a subscription. Linkedpen provides a web-based software for generating AI-powered text content. Details regarding the features of the Software are available on the website linkedpen.com. The T&C fully apply to the information provided there as part of the Contract.
2.2. We offer our Software with different sets of features. Users can create up to three posts for free. Additional posts require a paid subscription. Specific information regarding the features and pricing can be found at linkedpen.com.
3.1. You are entitled only to the Software and services agreed upon at the time of Contract conclusion, as specified on the websites referred to in Sections 2.1 and 2.2, or as provided during the purchase process on the website.
3.2. We reserve the right to adjust the type, scope, and any functions of the Software in accordance with Section 14.
3.3. We strive for unrestricted usability and availability of our Software but cannot provide an unlimited guarantee to ensure this. We are obliged to ensure a usability and availability of the Software on an annual average of 98% ("Service Level").
3.4. The provision of the Software is also contractually compliant if the Service Level is reduced by a maximum of 6% on an annual average due to: 3.4.1. Repairs, updates, or maintenance work on the website and within the Software provided by Linkedpen, or 3.4.2. Circumstances beyond the responsibility of Linkedpen, in particular any actions by third parties not acting on behalf of Linkedpen and the availability of technical internet functions that Linkedpen cannot influence.
4.1. A Contract between us and you is concluded as soon as you, or your authorized representative, create a user account ("Account") on the platform, select a plan from Linkedpen, and accept the T&C.
4.2. When creating a new Account, you can create up to three posts for free. After reaching this limit, a paid subscription is required to continue using the Software.
4.3. There is no right of withdrawal, and cancellation of a concluded subscription is not possible.
5.1. We commit to protecting Customer data at all times through appropriate measures that correspond to the current state of technology.
5.2. Details regarding the handling of personal data, data protection, and data security are extensively described in the Privacy Policy. Data transmission is carried out via a secure and encrypted internet connection.
5.3. For the processing of personal data that you process through the use of the Software, the provisions of the Data Processing Agreement ("DPA"), which we provide to you online, apply.
5.4. In the event of changes in technical or legal conditions, we reserve the right to modify the practices described in the T&C and Privacy Policy. We will inform you of any changes in a timely manner.
6.1. Accounts created with Linkedpen are personal and may not be transferred. The information you provide during the registration process must be true, complete, and up to date.
6.2. You are responsible for maintaining the confidentiality and security of your access credentials for your Account. This means that you may not disclose your access credentials to others. You are responsible for ensuring that third parties cannot gain knowledge of your access credentials and must take necessary measures to ensure confidentiality.
6.3. You must ensure accessibility via the email address provided to us from the time of registration. You must immediately notify us in text form (e.g., via email or within the Software) of any misuse of the Account, any suspicion thereof, or any loss of access credentials.
6.4. You are obliged to respond promptly to inquiries from Linkedpen.
6.5. The availability of the Software depends on internet access. It is your responsibility to ensure that the necessary system requirements are met to use the Software. We do not guarantee compatibility and are not liable for damages arising from the use of third-party tools.
6.6. You expressly agree that your use of the Software complies with all applicable laws and regulations. In particular, you undertake to comply with the following usage restrictions: 6.6.1. The Software must not be used to create or disseminate harmful, abusive, illegal, or unethical content. This includes, but is not limited to, content that is false or misleading, promotes illegal activities, contains hate speech, or violates the rights of others. 6.6.2. Any attempt to manipulate the Software, exploit its vulnerabilities, or use it in a manner not intended by Linkedpen is strictly prohibited. 6.6.3. You must not use the Software to generate or distribute content that is deemed abusive or offensive, particularly if such content could harm individuals, groups, or entities.
6.7. You are responsible for ensuring that all data and content you generate or upload using the Software comply with all relevant legal and regulatory requirements.
7.1. The obligation to pay fees begins when you exceed the free post limit or purchase a subscription under these T&C.
7.2. The fees for the plan you have chosen are determined and listed at linkedpen.com/pricing. We are entitled to collect the applicable fees via the payment information (credit card or PayPal account) that you provide during the registration process.
7.3. You confirm that you agree to receive invoices in electronic form via email. You are responsible for properly storing the invoices.
7.4. Paid fees are generally non-refundable.
You shall indemnify us against any claims, including any claims for damages, made by other Customers, End Users, or any other third parties, including authorities, against us for the violation of rights resulting from your use of the Software. You shall be liable for any costs, including the costs of legal defense, that arise for us due to your violation of third-party rights.
9.1. We may restrict your access to the Software in whole or in part if you fail to pay due fees even after multiple reminders.
9.2. We are not obliged to review content generated or uploaded by you. However, if we become aware of potentially non-contractual content on your Account, we may access your Account, review the content, and take appropriate measures.
9.3. If there is suspicion of a criminal offense due to your use or content published by you, we may forward your customer data to the relevant authorities.
9.4. We may take appropriate measures to prevent damage and ensure the availability of the Software, including restricting access to the Software if you violate your contractual obligations.
10.1. The Contract is concluded for an indefinite period. Subscribed plans will automatically renew for another term unless timely terminated.
10.2. You can terminate the Contract with a notice period of one (1) business day to the end of the term through the Account settings within the Software or by email.
10.3. We may terminate the Contract with a notice period of four (4) weeks, at least in text form (e.g., by email), without stating reasons.
10.4. The right to terminate for good cause remains unaffected. Termination for good cause may occur, in particular, if you:
10.5. The termination takes effect at the end of the contractually agreed term.
10.6. We permanently delete the Account after a period of twelve (12) months. Data collected and content generated will be irreversibly and automatically deleted six (6) months after the termination takes effect unless you reactivate your Account prior to that.
11.1. Linkedpen is liable only for damages resulting from intentional or grossly negligent breach of duty by us or by a legal representative or vicarious agent of Linkedpen.
11.2. For damages resulting from slight negligence in the breach of essential obligations, Linkedpen's liability is limited in amount to a maximum of the fees paid by you in the last twelve (12) months.
11.3. Further liability of Linkedpen is excluded.
12.1. We may make changes to the Software, the T&C, and other provisions of the Contract without consulting you, provided these changes:
12.2. Changes to the Contract (including the T&C) other than those mentioned in Section 12.1 will be offered to the Customer by Linkedpen. If you do not object within a period of six (6) weeks, the changes are deemed approved.
13.1. Unless otherwise specified in the T&C, the accepted means of communication for contacting us are emails and the chat within the Software.
13.2. The law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, applies.
13.3. The exclusive place of jurisdiction for all disputes arising out of or in connection with the Contract (including the T&C) is Berlin.
13.4. Should individual provisions of the T&C be or become invalid, this does not affect the validity of the remaining provisions of the T&C. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision in a legally effective manner by mutual agreement.
13.5. The above provision applies accordingly in case of regulatory gaps.