GENERAL TERMS AND CONDITIONS

In effect since May 16, 2026

Haro GbR – Daniel Hauck & Kathrin Roth - for SaaS Services (B2B)


Table of Contents

  1. Scope of Application
  2. Contract Formation and Trial Period
  3. Services of the Provider
  4. Changes to Services
  5. Prices and Payment Terms
  6. Contract Term and Termination
  7. Customer Obligations and Responsibilities
  8. AI Interfaces and Third-Party AI Services
  9. Blocking and Removal of Content
  10. Liability
  11. Data Protection and Confidentiality
  12. Data Export and Data Deletion
  13. Governing Law and Jurisdiction
  14. Alternative Dispute Resolution
  15. Amendments to the GTC


1. Scope of Application

1.1 These General Terms and Conditions (GTC) apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (Bürgerliches Gesetzbuch, BGB). Contracts with consumers are excluded.

1.2 These GTC apply to all contracts between Haro GbR, Friedhofstr. 21, 71577 Großerlach (hereinafter “Provider”) and its business customers (hereinafter “Customer”) for the provision and use of a cloud-based Software-as-a-Service (SaaS) solution enabling the creation of AI-assisted social media content, presentations, and other digital formats based on stored branding data.

1.3 These GTC apply exclusively. Any conflicting or deviating terms and conditions of the Customer shall not form part of the contract unless the Provider has expressly agreed to their application in writing.

1.4 To the extent that additional contractual documents (e.g. a Data Processing Agreement) form part of the contract alongside these GTC, the provisions of such documents shall take precedence over these GTC in the event of any conflict.

1.5 Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be deemed replaced by a valid provision that most closely reflects the economic purpose of the invalid provision (severability clause).


2. Contract Formation and Trial Period

2.1 Use of the SaaS services requires registration on the Provider’s platform. By registering, the Customer accepts these GTC and the Data Processing Agreement (DPA). The Privacy Policy is made available for the Customer’s information and can be accessed at any time on the Provider’s website.

2.2 Following registration, the Customer may use the SaaS services free of charge for 7 days. No credit card details are required for the trial period, and there is no automatic renewal or conversion to a paid subscription. After expiry of the trial period, the trial access terminates automatically without any cost to the Customer.

2.3 If the Customer wishes to continue using the SaaS services after the trial period, they must actively select one of the available subscription plans (Basic or Pro) via the payment service provider Stripe. The paid contract is concluded upon successful booking through Stripe. Enterprise solutions are offered on individual request and require a separate contractual agreement.

2.4 If the Customer does not purchase a paid subscription after the trial period, they will lose access to their created content. However, the customer account remains active for 90 days, during which the Customer may subscribe at any time and restore their content. After 90 days without an active subscription, the Provider reserves the right to permanently delete all stored data and content.


3. Services of the Provider

3.1 The Provider makes available to the Customer a cloud-based SaaS solution accessible via the internet. The platform enables the automated creation and download of social media content, presentations (e.g. PowerPoint), and other digital formats based on stored branding data and templates.

3.2 The software is offered as a subscription model. The following plans are available:

  • Basic: Access to the core functionality of the platform as described in the current service description on the Provider’s website.
  • Pro: Extended range of features as described in the current service description on the Provider’s website.
  • Enterprise: Individual solution available on request; scope and price are agreed individually.

The specific features and limitations of each plan are set out in the current service description on the Provider’s website.

3.3 The Provider grants the Customer a non-exclusive, non-transferable right to use the software for the duration of the contract.

3.4 The Provider endeavours to ensure high availability of the platform. Maintenance work, technical disruptions, or events outside the Provider’s control (e.g. force majeure, third-party network outages) may lead to temporary interruptions. Uninterrupted availability is not guaranteed.

3.5 The Customer is solely responsible for backing up their stored content.

3.6 To assist with support requests or technical issues, the Provider reserves the right to temporarily access Customer accounts. This is done exclusively for support purposes and in strict compliance with applicable data protection regulations.

3.7 By registering, the Customer agrees to receive communications from the Provider via email or through the admin area regarding system-relevant changes, maintenance work, and security updates. These notifications are an essential component of the contractual relationship and cannot be unsubscribed from. Marketing communications require separate consent.


4. Changes to Services

4.1 The Provider reserves the right to adapt or further develop the services offered for technical, legal, or security-related reasons.

4.2 New features are not activated automatically. The Customer may activate and use new features at their own discretion.

4.3 Changes that materially restrict key features of the subscribed plan will be communicated to the Customer at least 6 weeks in advance. In such cases, the Customer has the right to terminate the contract with immediate effect.


5. Prices and Payment Terms

5.1 All prices are net prices exclusive of applicable statutory VAT, unless expressly stated otherwise. The current prices can be viewed on the Provider’s website.

5.2 Payment is processed via the payment service provider Stripe and is due monthly in advance. The amount due is automatically charged at the beginning of each billing period.

5.3 If the Customer defaults on payment, the Provider is entitled to temporarily suspend access to the platform. The obligation to pay remains unaffected. Access will be restored upon receipt of payment. If the Customer remains in default for more than 30 days, the Provider may terminate the contract for cause. In such case, all customer data will be permanently deleted within 90 days of contract termination.

5.4 Refunds are excluded unless required by law or expressly agreed otherwise. Discretionary goodwill refunds by the Provider remain unaffected.

5.5 The Provider reserves the right to adjust prices for future billing periods where costs increase or services are expanded. Price changes will be communicated to the Customer at least 6 weeks in advance. If the Customer does not object within 4 weeks of receiving the notification, the changes shall be deemed accepted and will take effect in the next billing cycle. The Provider will expressly inform the Customer in the notification of their right to object and the consequences of remaining silent.


6. Contract Term and Termination

6.1 The contract is concluded for a minimum term of one (1) month and renews automatically for successive periods of one (1) month each, unless terminated. The Customer may terminate the contract at any time with four (4) weeks’ notice to the end of the respective billing period.

6.2 Termination is effected online via the cancellation button in the admin area of the platform (Subscription > Manage Subscription). Termination takes effect at the end of the current billing period.

6.3 The Provider will confirm receipt of the termination notice and implement the end of the contract in accordance with the agreed timelines.

6.4 Enterprise customers may agree on separate termination provisions pursuant to their individual contract.

6.5 Upon termination of the contract, the Customer loses access to their content, and the created outputs (e.g. social media content, presentations) will no longer be available through the platform. All stored customer data will be permanently deleted within 90 days, unless statutory retention obligations apply.

6.6 Payments already made will not be refunded unless the Provider is legally obliged to do so or an express separate agreement exists.

6.7 The right of either party to terminate the contract for good cause remains unaffected.


7. Customer Obligations and Responsibilities

7.1 The Customer is solely responsible for the legality of the content and data stored, processed, and published via the platform. The Provider stores such content for technical purposes only and assumes no liability for its legality or compliance with data protection law.

7.2 The Customer may not use the SaaS services to disseminate unlawful, harmful, or third-party rights-infringing content. The Customer is liable for any violations of statutory provisions or third-party rights resulting from content published by them.

7.3 The Customer may only provide and publish content to which they hold all necessary rights.

7.4 Upon registration, the Customer must provide truthful and complete information and keep it up to date. The Provider reserves the right to request proof of identity where necessary.

7.5 The Customer is obliged to notify the Provider immediately upon becoming aware of any circumstances indicating non-compliance with the above obligations.

7.6 The Provider is not obliged to monitor content published by the Customer for potential legal violations, but reserves the right to block or remove content that violates statutory provisions or these GTC.

7.7 The Customer is solely responsible for reviewing all content created and downloaded via the platform (e.g. social media posts, presentations) for legal compliance prior to further use, in particular with regard to copyright law, trademark law, and data protection requirements.


8. AI Interfaces and Third-Party AI Services

8.1 The platform provides a Model Context Protocol (MCP) interface through which Customers may independently connect external AI services of their choice (e.g. Anthropic Claude API, OpenAI GPT, or other MCP-compatible services).

8.2 API Key and mcp.json: The Customer may generate an API key within their account. The API key is displayed once in plain text and must be stored securely by the Customer – it cannot be viewed again through the platform after the initial display. If lost, the Customer may generate a new API key at any time; the previous key must be deleted by the Customer. The Provider stores the API key in encrypted form on the server exclusively for authentication purposes. The platform also provides a ready-made configuration file (mcp.json) that the Customer inserts into their chosen AI tool to establish the connection. The Customer is obliged to treat the API key confidentially and not to disclose it to unauthorized third parties. If misuse or unauthorized use is suspected, the Provider is entitled to block the API key. The Customer is obliged to notify the Provider immediately of any suspected misuse.

8.3 The integration of an external AI service is carried out exclusively by the Customer. The Provider assumes no responsibility for the availability, quality, security, or data protection compliance of external AI services.

8.4 The Customer is solely responsible for ensuring that the use of an external AI service complies with applicable data protection requirements – in particular where personal data of third parties is processed. The respective terms of use and privacy policies of the chosen AI provider apply.

8.5 The Provider is not liable for results or content generated by external AI services. The Customer bears sole responsibility for the use of AI-generated content.

8.6 The Provider reserves the right to modify or restrict the MCP interface for technical, security-related, or legal reasons.


9. Blocking and Removal of Content

9.1 The Provider is entitled to block or remove content provided by the Customer, or to restrict access thereto, where there are reasonable grounds to believe that such content violates statutory provisions, these GTC, or third-party rights.

9.2 The Provider will inform the Customer of any blocking or removal of content to the extent that this is legally and technically feasible.

9.3 The Provider reserves the right to temporarily or permanently suspend the Customer’s access to the SaaS services if the Customer materially breaches their contractual obligations or misuses the services.

9.4 Decisions regarding the blocking or removal of content or the restriction of access are made at the Provider’s reasonable discretion, taking into account the Customer’s interests and applicable legal requirements.


10. Liability

10.1 The Provider’s liability to the Customer for all contractual, quasi-contractual, and statutory claims, including claims arising from tort, is as follows:

10.1.1 Unlimited Liability

The Provider is liable without limitation:

  • in cases of intent or gross negligence,
  • for intentional or negligent injury to life, body, or health,
  • on the basis of a guarantee, unless otherwise stipulated,
  • on the basis of mandatory statutory liability, e.g. under the German Product Liability Act (Produkthaftungsgesetz).

10.1.2 Limited Liability for Slight Negligence

If the Provider slightly negligently breaches a material contractual obligation, liability is limited to the typical and foreseeable damage, provided that unlimited liability pursuant to the provisions above does not apply. Material contractual obligations are those whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely.

10.1.3 Exclusion of Liability

Liability for indirect damages, loss of profit, business interruption, or data loss is excluded unless caused by grossly negligent or intentional breach of duty. Liability for data loss is limited to the typical recovery costs that would have been incurred had the Customer performed regular data backups.

10.2 The above liability provisions also apply to the liability of the Provider’s vicarious agents and legal representatives.

10.3 The Provider assumes no liability for the content, quality, security, or legality of outputs generated by external AI services (cf. § 8).


11. Data Protection and Confidentiality

11.1 The Provider undertakes to treat all confidential information of the Customer obtained in connection with the use of the SaaS services with strict confidentiality. This obligation applies indefinitely, including beyond the term of the contract.

11.2 The Provider undertakes to comply with all applicable data protection regulations, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

11.3 The Customer is obliged to comply with all applicable data protection regulations when using the SaaS services, in particular where personal data of third parties is processed via the platform.

11.4 The Data Processing Agreement (DPA) is an integral part of these GTC. By accepting the GTC, the Customer automatically agrees to the DPA. The current version of the DPA is available at all times on the Provider’s website.

11.5 The Provider’s Privacy Policy does not form part of these GTC and can be accessed at any time on the Provider’s website.


12. Data Export and Data Deletion

12.1 The Customer remains at all times the sole owner of all content uploaded or created by them (e.g. branding data, templates, generated outputs).

12.2 During the term of the contract, the Customer may download created content (e.g. generated social media posts, presentation files) directly from the platform, to the extent technically provided for.

12.3 After termination of the contract, customer data is retained for up to 90 days to allow the Customer to back up their data. Thereafter, all data will be permanently deleted unless statutory retention obligations apply.

12.4 The Provider does not charge any additional fees for the backup or export of customer data.


13. Governing Law and Jurisdiction

13.1 All legal relations between the parties are governed by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

13.2 The place of performance and jurisdiction for all disputes arising from this contractual relationship is the registered seat of the Provider (Großerlach), provided that the Customer is a merchant, a legal entity under public law, or a special fund under public law.


14. Alternative Dispute Resolution

14.1 The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board, as these GTC are directed exclusively at entrepreneurs.


15. Amendments to the GTC

15.1 The Provider reserves the right to amend these GTC for objectively justified reasons (e.g. changes in the legal situation, case law, market conditions, or business strategy), subject to reasonable prior notice.

15.2 Existing customers will be notified of amendments by email at least two weeks before they take effect. If the Customer does not object within the period specified in the amendment notice, their consent to the amendments shall be deemed granted. If the Customer objects, the amendments shall not take effect. In such case, the Provider reserves the right to terminate the contract with 30 days’ notice for good cause, if continuation of the contractual relationship under the old GTC is unreasonable. The amendment notice will expressly state the deadline and the consequences of objecting or remaining silent.