General terms and conditions (AGB) for TextRocket.ai

1. Scope

These general terms and conditions govern the use of
software platform TextRocket.ai (hereinafter “platform”) by customers (hereinafter “users”).

The provider of the platform is:

TextRocket.ai (SEO Galaxy GmbH)
(hereinafter “provider”)

These conditions apply to all contracts for the use of the platform between provider and user.

Deviating conditions of the user only apply if the provider has expressly agreed to them in writing.

2. Subject matter of the contract

TextRocket.ai is a cloud-based software for creating, analyzing, and managing text content, in particular for:

- SEO content
- Marketing content
- Product texts
- Landing pages
- advertising texts
- Content workflows
- and similar text-based content

Among other things, the platform enables:

- Generation of texts using AI
- Analysis of keywords and search intent
- Organization of content projects
- Exporting, sharing and further processing of texts

The provider provides the user with access to the platform via the Internet.

There is no claim to specific functions or results unless this has been expressly assured

3. Registration and user account

Registration is required to use the platform.

The user undertakes to:

- to provide correct information
- to keep your login details confidential
- not to pass on access to third parties

The user is responsible for all activities that occur via their account.

4. Token system and usage

TextRocket.ai is primarily used via a Token-based usage system.

Tokens are digital devices of use that are used for specific functions of the platform, in particular for:

- Generation of texts
- Analyzing data
- Content creation

Token consumption depends in particular on:

- Type of text and workflow

The exact number of tokens used is displayed within the platform.

There is no entitlement to a specific amount of generated content per token.

5. Token quotas and subscriptions

TextRocket.ai can be based on various pricing models, in particular:

- Token packages
- monthly token quotas
- Pay-as-you-go usage
- Test quotas

The user can receive tokens as part of a monthly quota. Unused tokens of a monthly quota are carried over to the following billing period as long as the associated subscription remains active.

If the subscription is canceled, accumulated tokens can still be used until the end of the respective contract period. After the subscription is terminated, all remaining tokens expire automatically and without replacement.

Unused tokens will not be disbursed or refunded.

The provider reserves the right to adjust prices, token models or included scope of services for future contracts or new tariff models, in particular in the event of changes in the technical infrastructure, cost structure or the AI services used.

The provider will inform users of such changes at least 14 days before they come into effect in an appropriate manner, for example by e-mail or within the platform.

Existing contracts remain fundamentally unaffected by such changes and continue to apply under the previous conditions as long as the user remains loyal to the existing tariff.

If changes should also apply to existing tariffs, the provider will inform the user separately. In this case, the user has the right to extraordinarily terminate the contract until the change comes into force. If there is no termination and if the user continues to use the platform after the change has come into force, the new conditions are considered accepted.

6. Payment

Payment is made using the payment methods offered during the ordering process.

Typical payment models include:
‍
- monthly subscriptions
- Pay-as-you-go usage

Payments are processed via external payment providers.

The user is required to pay all applicable fees properly.

6.1 Provision of tokens and payment obligation

Tokens are considered provided as soon as they have been credited or activated to the user in the respective user account within the platform.

By activating the tokens, the provider has provided the contractually owed service, regardless of whether and to what extent the user actually uses the tokens.

In this case, the user remains obliged to pay the agreed remuneration in full, even if the tokens are not used in whole or in part.

Failure to use the tokens provided does not give rise to a claim for a refund, reduction or offsetting.

The following are expressly excluded from this regulation free test accounts or test quotas, which are made available by the provider without payment obligation. There is no obligation to pay for such free test accounts, unless the user expressly orders a paid offer.
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7. Free use and trial access

The provider can provide a free use or trial version.

The scope of free use can be limited or terminated at any time.

There is no entitlement to permanent free use.

8. Rights of use

For the duration of the contract, the user receives a simple, non-exclusive, non-transferable and non-sublicensable right to use the platform within the framework of these terms and conditions and the agreed use.

All rights to the platform, including software, algorithms, databases, design, trademarks, features and underlying technologies, remain exclusively with the provider or its licensors.

The content generated by the user via the platform can be freely used by the user within the framework of the applicable legal provisions. The provider does not claim any rights to the text content generated by the user.

The user is entitled to publish, edit, reproduce, distribute and, as part of his business activity, to pass on or market the generated content to third parties, for example to customers, clients or partners.

The provider expressly points out that the content generated by AI is created automatically and may contain errors, inaccuracies or incomplete information.

In particular, the provider does not guarantee that generated content:

- are legally admissible
- are free from third-party rights
- can be used free of copyright
- are free from plagiarism
- are factually correct, complete or up to date
- are suitable for a specific purpose

The user is obliged to independently check all generated content before publishing or using it, in particular with regard to legal admissibility, copyrights, trademark rights, personal rights and other rights of third parties.

The provider assumes no liability for damages, legal violations or other disadvantages arising from the use or publication of the generated content. Due to the way AI systems work, it cannot be ruled out that similar or identical content may also be generated for other users.

The user releases the provider from all third-party claims arising from illegal use of the platform or the content generated by the platform.

9. Prohibited use

In particular, the user may not use the platform for:

- illegal content
- Spam
- Deception or fraud
- Copyright infringement
- Processing sensitive personal data without a legal basis

The provider can suspend or cancel accounts at any time in the event of violations.

10. Platform availability

The provider strives to ensure the highest possible availability of the platform.

However, uninterrupted availability is not guaranteed.

Maintenance work can temporarily lead to restrictions.

11. Liability

The provider is fully liable for damages based on intentional or grossly negligent conduct on the part of the provider, its legal representatives or vicarious agents.

The provider is also fully liable for damage resulting from injury to life, limb or health.

In the event of a slight negligent breach of an essential contractual obligation (cardinal obligation), the provider's liability is limited to foreseeable damage typical of the contract. Cardinal obligations are obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the user can regularly rely.

In addition, the liability of the provider in the event of slight negligence is excluded.

Insofar as the liability of the provider is excluded or limited, this also applies to the personal liability of the provider's legal representatives, employees and vicarious agents.

The provider's liability is limited in total to the amount paid by the user for using the platform in the last twelve months before the event giving rise to the damage occurred.

The provider is not liable for damages arising from the use of the content generated via the platform, in particular not for legal risks, economic damage, loss of profit or other subsequent damage, unless these are based on intentional or grossly negligent conduct on the part of the provider.

The provider assumes no liability for content generated by automated systems or artificial intelligence. The user is obliged to independently check generated content before using it.

Liability under mandatory legal regulations, in particular under the Product Liability Act, remains unaffected.

12. Duration and termination

The duration of the contract depends on the tariff or pricing model chosen by the user.

In particular, the use of the platform can be based on the following models:

- Subscriptions that can be cancelled on a monthly basis
- subscriptions that can be cancelled annually
- Subscriptions that can be cancelled every 2 years
- free test accounts or test quotas

In the case of subscription models, the contract is automatically extended by the respective agreed billing period, unless it is terminated by the user or provider before the end of the respective term.

The cancellation can be made at any time with effect from the end of the current billing period, unless a different notice period is provided for in the respective tariff.

Tokens or quotas that have already been purchased remain usable until the end of the respective contract period, unless otherwise specified in the tariff conditions. After termination of the contract, unused tokens expire, provided that there is no longer an active contractual relationship.

Free test accesses can be restricted, terminated or converted into a paid offer by the provider at any time, provided that the user expressly agrees to this.

The right of both parties to extraordinary termination for good cause remains unaffected.

In particular, there is an important reason when:

- the user violates these terms and conditions
- the platform is misused or unlawfully used
- the user defaults on payments
- the provider permanently ceases to operate the platform

When the termination takes effect, the right to use the platform expires.

13. Data protection

Personal data is processed in accordance with the provider's privacy policy.

If the user processes personal data via the platform, there is also an order processing contract in accordance with Article 28 GDPR.
The privacy policy is here Find which AVV is here to find.

14. Amendments to the terms and conditions

The provider may change these terms and conditions if this is necessary for factual reasons.

Users will be informed of changes in good time.

If the user does not object within a reasonable period of time, the changes are considered accepted.

15. Final provisions

Should individual provisions of these terms and conditions be ineffective, the effectiveness of the remaining provisions remains unaffected.

The law of the Federal Republic of Germany applies.

The place of jurisdiction is the registered office of the provider, provided that the user is a merchant.