Terms

1. Scope

These terms apply to all contracts between FNLY IT UG (haftungsbeschränkt), Am Kraftwerk 23, 34582 Borken, Germany (FNLY IT) and its customers for the use of the heyplanoo software and the support services that can be booked with it.

FNLY IT contracts exclusively with businesses within the meaning of § 14 BGB, legal entities under public law and special funds under public law.

Deviating terms of the customer apply only if FNLY IT has expressly agreed to them in text form.

2. Conclusion of contract

Prices on the website are non-binding. A contract is concluded when the customer accepts an offer from FNLY IT in text form or FNLY IT confirms an order in text form. Scope and package follow from the offer.

3. Services

FNLY IT provides heyplanoo as software over the internet. heyplanoo uses artificial intelligence to create drafts of texts and pictures, schedules posts and publishes them after approval on the channels the customer has connected. The available functions and channels are those described on the website at the time the contract is concluded.

In the managed packages FNLY IT also provides the hours of editorial support and the response times stated in the package.

FNLY IT may develop heyplanoo further and change functions as long as the agreed core of the service is preserved.

4. Beta phase

During the beta phase FNLY IT provides heyplanoo on the terms agreed individually. Functions may change, be added or be removed during this time. FNLY IT does not owe any particular availability during the beta phase.

5. Customer obligations

The customer keeps its credentials secret and assigns roles only to people authorised to act for it.

The customer reviews every post before approval. By approving, it takes responsibility for the content, in particular for the accuracy of statements about its products and services and for compliance with competition, trademark, copyright and personality rights.

The customer only uploads content to which it holds the necessary rights and complies with the terms of the platforms it connects.

The customer does not use heyplanoo for unlawful content, for fabricated customer reviews or testimonials, or to deceive about the use of artificial intelligence.

6. Artificial intelligence and labelling

Drafts created by the AI may contain errors and must be reviewed by the customer. heyplanoo labels AI-generated content under Art. 50 of the EU AI Act. The customer does not remove this label.

AI-generated pictures are generally not protected by copyright in Germany and the EU. FNLY IT does not warrant that AI results are free of similarities to protected works of third parties.

7. Rights to content

Content the customer uploads remains its own. It grants FNLY IT the rights needed to operate heyplanoo, in particular to store, process and publish it on its channels.

Insofar as FNLY IT holds rights to results created with heyplanoo, the customer receives a simple right of use unlimited in time and territory.

For the term of the contract the customer receives a simple, non-transferable right to use the software itself.

8. Term and termination

Monthly contracts run for one month and renew for one month at a time unless terminated in text form with one month's notice to the end of the term. Managed packages have a minimum term of three months. Annual contracts run for twelve months and renew for twelve months unless terminated with three months' notice to the end of the term.

The right to terminate for good cause remains unaffected.

Before the contract ends the customer can download all data through the data export. After the contract ends FNLY IT deletes the customer's data under section 11.

9. Prices and payment

All prices are net plus statutory sales tax. Monthly fees are invoiced at the start of the service month, setup at the start of the contract. Invoices are payable within 14 days without deduction.

If the customer is in default of payment, FNLY IT may block access after prior notice until payment is made. Scheduled posts are then not published.

10. Liability

FNLY IT is liable without limitation for intent and gross negligence, for injury to life, body or health and under the Product Liability Act.

For slightly negligent breach of essential contractual obligations FNLY IT is liable only for the typical, foreseeable damage. Liability for slight negligence is otherwise excluded.

FNLY IT does not owe any particular economic success, in particular no particular reach. FNLY IT is not responsible for disruptions and decisions of the platforms, such as blocked accounts or changed interfaces. For content approved by the customer, the customer indemnifies FNLY IT against third-party claims.

11. Data protection and deletion

Insofar as FNLY IT processes personal data on behalf of the customer, the parties conclude a data processing agreement under Art. 28 GDPR. Details are in the privacy policy.

The customer can request the deletion of its data in heyplanoo at any time. Deletion is carried out after 14 days; the data is deleted within 30 days unless statutory retention duties apply.

12. Confidentiality

Both parties treat confidential information of the other party confidentially and use it only to perform the contract. This obligation continues after the contract ends.

13. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

The exclusive place of jurisdiction is the registered office of FNLY IT if the customer is a merchant, a legal entity under public law or a special fund under public law.

Should a provision be invalid, the validity of the others remains unaffected. The German version prevails.