Terms of Service

1. SCOPE AND GENERAL PROVISIONS

These Terms of Service ("ToS") govern the contractual relationship between Konstantin Botschmanowski, Schulstraße 72, 41372 Niederkrüchten, Germany ("Provider") and the users ("User") of the Software-as-a-Service platform SEODAD. SEODAD provides tools for AI-powered content creation, keyword research, and social media automation. By registering or using the service, the User agrees to be bound by these ToS. Any deviating conditions of the User are not recognized unless the Provider expressly agrees to their validity in writing.

2. DESCRIPTION OF SERVICES AND AVAILABILITY

The Provider provides the User with access to a web-based platform. The platform enables the analysis of websites, the generation of texts using Artificial Intelligence (AI), automated publishing in third-party systems (WordPress, Shopify, Facebook, Instagram, TikTok, LinkedIn), and SEO analysis. The specific performance features result from the respective performance description of the selected plan. The Provider owes an average availability of the platform of 98% on an annual average, excluding maintenance windows and circumstances outside the influence of the Provider (e.g., failure of AI API providers such as OpenRouter/OpenAI or network disturbances).

3. ARTIFICIAL INTELLIGENCE AND LIABILITY FOR CONTENT

THE USER EXPRESSLY ACKNOWLEDGES THAT THE CONTENT GENERATED BY THE SYSTEM IS BASED ON ARTIFICIAL INTELLIGENCE. THE TECHNOLOGY CAN GENERATE SO-CALLED "HALLUCINATIONS," IE. PROVIDE FACTUALLY INCORRECT OR MISLEADING INFORMATION. THE PROVIDER ASSUMES NO WARRANTY FOR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE GENERATED TEXTS. THE USER IS OBLIGED TO THOROUGHLY CHECK EVERY GENERATED CONTENT BEFORE PUBLICATION AND TO RELEASE IT MANUALLY. THE LIABILITY FOR THE PUBLISHED CONTENT LIES EXCLUSIVELY WITH THE USER. THE PROVIDER IS NOT LIABLE FOR LEGAL CONSEQUENCES (E.G., COPYRIGHT INFRINGEMENTS, WARNINGS) RESULTING FROM THE USE OR PUBLICATION OF THE GENERATED CONTENT.

4. RIGHTS TO CONTENT (INTELLECTUAL PROPERTY)

The Provider grants the User the exclusive, temporally and spatially unrestricted rights of use to the generated content upon full payment of the due remuneration. The User is entitled to edit, reproduce, and publish the content. However, the Provider reserves the right to use anonymized usage data and anonymized text inputs to improve the AI models and algorithms, provided this is permissible under data protection law. The trademark rights and the software architecture of SEODAD remain with the Provider.

5. USE OF THIRD-PARTY APIs (GOOGLE, META, TIKTOK)

The service uses interfaces (APIs) from third-party providers. The User is obliged to comply with the respective terms of use of these providers.GOOGLE API LIMITED USE DISCLOSURE: The use and transmission of information received via Google APIs (esp. Search Console) takes place in accordance with the Google API Services User Data Policy, including the Limited Use requirements. We use data from the Search Console exclusively to analyze SEO performance and to suggest content for the User. Disclosure to third parties or use for advertising purposes is excluded.SOCIAL MEDIA PUBLISHING: When using Meta (Facebook, Instagram) or TikTok APIs, you agree to their guidelines. SEODAD stores OAuth tokens encrypted and only accesses data that is strictly necessary for automated posting and performance measurement.

6. PAYMENT TERMS AND MERCHANT OF RECORD

All payments are processed via the payment service provider Paddle.com Market Ltd. Paddle acts as the "Merchant of Record" for all orders. Invoicing is performed by Paddle. The terms and conditions of Paddle apply additionally. Subscriptions are automatically renewed for the selected term unless they are canceled before the end of the current period.

7. WARRANTY AND LIMITATION OF LIABILITY

The Provider is liable without limitation in cases of intent or gross negligence, in cases of fraudulent concealment of a defect, and in cases of injury to life, limb, or health. In the event of a breach of essential contractual obligations (cardinal obligations), liability is limited to the contract-typical, foreseeable damage. Liability for lost profit, indirect damage, or data loss is excluded unless there is intent. The amount of liability is limited per contract year to the sum of the fees paid by the User.

8. INDEMNIFICATION

The User shall indemnify the Provider against all claims of third parties based on illegal use of the service or a violation of these ToS by the User. This includes, in particular, claims due to violations of copyright, competition law, or data protection when publishing generated content.

9. DATA PROTECTION AND CONFIDENTIALITY

The processing of personal data takes place in accordance with applicable data protection laws (GDPR). Our Privacy Policy applies additionally. If the User uses SEODAD to process personal data of their own customers, the parties shall conclude a data processing agreement (DPA) on request.

10. FINAL PROVISIONS

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes is Mönchengladbach, provided the User is a merchant. Should individual provisions of these ToS be invalid, the validity of the remaining provisions remains unaffected. The Provider reserves the right to change these ToS with a notice period of 14 days.