Conditionsgénérales.

Your contracting party is:

(hereinafter “Provider”, “we” or “us”). Further details are available in the legal notice.

These Terms apply to all contracts for the use of flect (the “Service”) between the Provider and its customers (the “Customer”). They apply to both consumers and businesses.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 German Civil Code, BGB). A business is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its trade, business or profession (Section 14 BGB).

Provisions that apply only to consumers or only to businesses are marked as such. Deviating, conflicting or supplementary terms of the Customer only become part of the contract if we expressly agree to them in text form.

The presentation of the Service and its plans on our website does not constitute a legally binding offer but an invitation to submit an offer.

By registering a user account, the Customer submits an offer to conclude a usage contract for the free plan; the contract is concluded when the account is activated. Paid plans and credit packs are ordered in the “Billing” area. By clicking the button for an order with obligation to pay, the Customer submits a binding offer; the contract is concluded when we confirm the order or activate the Service accordingly. Before submitting the order, the Customer can review and correct their entries at any time.

The contract language is German. Translations of these Terms are provided for information only; only the German version is authoritative. We do not separately store the contract text; the Terms in force are available on this page at any time and can be printed or saved.

To register, the Customer must be at least 18 years old and have full legal capacity.

The Customer must provide truthful information when registering and keep it up to date. Login credentials must be kept secret and protected against access by third parties. If misuse is suspected, the Customer must change their password immediately and inform us.

Content, brands, connected social media accounts and subscriptions are managed in workspaces. The owner of a workspace (role “Owner”) can invite other people and assign them roles (Owner, Admin, Manager, Editor, Viewer). Roles determine which actions a member may perform, e.g. create content, consume credits, approve or publish posts.

The workspace owner is the contracting party for the paid services associated with the workspace. They are responsible for inviting only authorised persons, assigning roles appropriately and ensuring that members comply with these Terms. As between the Customer and the Provider, actions of members within the workspace are attributed to the workspace owner to the extent permitted by law.

flect offers in particular features for creating texts, images, videos and voice recordings using AI models, managing media, brands and projects, team collaboration, planning and publishing posts on connected social media platforms, displaying metrics from the platforms’ official interfaces, and AI agents that perform tasks within the rules set by the Customer.

The specific scope of services results from the description of the chosen plan (Free, Starter, Creator, Agency) current at the time of ordering. Individual features may depend on third-party providers (e.g. AI providers or platforms) being available and providing the necessary interfaces.

We continuously develop the Service. We may change, add or replace features provided that the contractually agreed core scope is preserved and the change is reasonable for the Customer. For consumers, changes to digital products are additionally subject to the requirements of Section 327r BGB.

The Service is offered in a free plan and in paid subscriptions. In addition, credit packs can be purchased as one-off purchases.

Credits are a unit of account for AI generations (e.g. texts, images, videos, speech). The credit price of an action is shown in the Service before it is executed. Credits are reserved and debited when a generation starts. If a generation fails or is cancelled, the credits debited for it are automatically refunded.

• Plan credits: With each paid invoice of a subscription, the workspace receives the number of credits stated in the plan description. On the free plan, the balance is topped up to the plan’s allowance once per calendar month. Whether and how unused plan credits carry over is governed by the plan description.
• Credits from credit packs do not expire as long as the user account or workspace exists, unless stated otherwise when ordering.
• Credits have no monetary value, are not transferable and are not paid out; mandatory statutory refund claims (e.g. following withdrawal) remain unaffected.

Plan-specific limits (e.g. number of team members, brands, connected social media accounts or agents) are set out in the plan description.

The prices stated at the time of ordering apply. For consumers, prices are final prices including statutory VAT. For businesses, prices are exclusive of statutory VAT unless stated otherwise.

Payments are processed by the payment service provider Stripe, whose terms apply additionally. Card data is processed exclusively by Stripe and is not stored by us. Invoices are provided electronically.

Subscriptions are billed monthly or yearly in advance, as chosen, and renew automatically for the chosen term unless cancelled before the end of the current term. For consumers, after an initial term of more than one month, a subscription renews for an indefinite period and can then be cancelled at any time with one month’s notice (Section 309 No. 9 BGB).

When upgrading to a higher plan, the difference in credits is granted according to the plan description; billing is prorated via Stripe. A downgrade to a lower plan takes effect at the end of the current billing period.

If the Customer is in default of payment or a payment fails, we may suspend the paid features until the amount is settled, after an unsuccessful payment reminder. Further statutory rights remain unaffected.

Subscriptions can be cancelled at any time with effect from the end of the current billing period. Cancellation is possible in the “Billing” area or in text form (e.g. by email to [Email address]). The plan’s features remain available until the end of the term; the workspace is then switched to the free plan.

For consumers: For subscriptions concluded online, we additionally provide a cancellation button in accordance with Section 312k BGB (“Cancel contracts here”) through which cancellation can be declared without logging in.

The right to extraordinary termination for good cause remains unaffected. Fees already paid are not refunded pro rata in the event of ordinary cancellation, unless otherwise provided by law.

For businesses, we may change subscription prices with effect from the start of the next billing period. We announce price changes in text form at least six weeks before they take effect. The Customer may object to the change or cancel the subscription with effect from the date the change takes effect; we point out this right in the announcement. If the Customer objects, both parties may terminate the contract with effect from the date the change takes effect.

For consumers, price changes for existing subscriptions only take effect if the Customer expressly agrees to them. We inform the Customer in good time, at least six weeks in advance, in text form. If the Customer does not agree, the subscription continues on the previous terms until the next possible termination date; either party may then terminate it ordinarily. Price reductions and changes that are exclusively in the Customer’s favour apply without consent.

Consumers have a statutory right of withdrawal. Details, the consequences of withdrawal and the model withdrawal form are set out in the withdrawal policy.

We strive to keep the Service available with as few interruptions as possible but do not owe any particular level of availability unless a service level has been expressly agreed. In particular, maintenance work, security updates, disruptions at third-party providers (e.g. AI providers, hosting, payment service providers or social media platforms) and force majeure events may limit availability.

Where possible, we carry out planned maintenance at times of low usage. Statutory claims of consumers in respect of defects in digital products (Sections 327 et seq. BGB) remain unaffected.

The Customer is responsible for backing up their own content and should regularly back up important content using the export and download features.

The Customer retains all rights to the content they upload, enter (e.g. prompts) or create with the Service (“Customer Content”).

The Customer grants the Provider a simple (non-exclusive), non-transferable right, limited to the term of the contract, to store, reproduce and technically process (e.g. convert or resize) Customer Content, to transmit it to the AI providers and platforms selected by the Customer and to publish it at the Customer’s instruction, to the extent this is required solely to provide the Service. The Provider does not use Customer Content for advertising purposes or to train its own AI models.

The Customer warrants that they hold all necessary rights to the Customer Content, in particular copyright, trademark, personality and data protection rights of persons depicted or named, and that the Customer Content does not violate applicable law or these Terms.

Content generated with AI is created automatically on the basis of statistical models provided by third parties. We give no warranty that AI-generated content is accurate, complete, up to date, unique or fit for a particular purpose, that it does not infringe third-party rights, or that it is protected by copyright. Similar or identical results may also be generated for other users.

The Customer must review AI-generated content on their own responsibility before using or publishing it, in particular for factual accuracy, legal compliance and third-party rights. This applies especially to depictions of real persons, voices, trademarks and protected works.

The Customer is responsible for complying with statutory labelling obligations. This includes in particular disclosing image, audio or video content that has been generated or manipulated by AI and appreciably resembles real persons, objects, places or events (so-called deepfakes) under Art. 50(4) of Regulation (EU) 2024/1689 (AI Act), where applicable, and complying with the platforms’ labelling rules for AI content. Guidance is available under AI transparency.

Voice clones: A voice may only be cloned if it is the Customer’s own voice or the speaker has given prior, express and verifiable consent. A corresponding confirmation is requested and logged when the clone is created. The Customer must be able to prove consent on request.

The Customer may use the Service only in accordance with applicable law, these Terms and the terms of use of the connected platforms and AI providers. In particular, it is prohibited to create, store or publish content that

• is criminal or incites criminal offences, in particular depictions of child sexual abuse, incitement to hatred, terrorist propaganda or glorification of violence,
• is pornographic or sexualises persons without their consent,
• insults, defames, threatens, harasses or discriminates against persons,
• deceptively imitates real persons or attributes statements or actions to them without consent, in particular for deception, fraud or to influence elections,
• infringes copyright, trademark, personality or other rights of third parties,
• contains misleading advertising, undisclosed advertising, or health-related, financial or political disinformation,
• contains malware or serves to obtain login credentials (phishing).

The following is also prohibited:

• sending spam, mass unsolicited messages or artificially generated interactions, and any use that violates platform rules on automation or inauthentic behaviour,
• circumventing usage, credit or plan limits, rate limits or security measures,
• automated access to the Service outside the features intended for this purpose (e.g. scraping),
• decompiling, disassembling or otherwise reverse engineering the software, except where mandatorily permitted by law (Section 69e German Copyright Act),
• passing on or reselling access to third parties outside the intended team features,
• any use that endangers the stability or security of the Service or other users.

In the event of a violation or a well-founded suspicion, we may block or remove the content concerned and suspend access temporarily or permanently. In doing so, we take the Customer’s legitimate interests into account, choose the least severe appropriate measure and inform the Customer of the reasons, to the extent permitted by law. The Customer can lodge a complaint against such decisions via [Email address].

The Customer can connect accounts on TikTok, Instagram, Facebook, Threads, YouTube, LinkedIn, X and Pinterest using the official authorisation procedures (OAuth) of the respective platform. The connection is initiated solely by the Customer and can be revoked at any time in the Service or on the platform. Access tokens are stored in encrypted form.

The Customer remains solely responsible for all content published via their connected accounts, regardless of whether it was scheduled manually, on a timer or by an AI agent. The Customer must comply with the terms and policies of the respective platform.

AI agents act only in the mode and within the rules set by the Customer (e.g. suggestions only, approval required, or autopilot). In autopilot mode, an agent can independently create posts and schedule them for publication within the rules granted by the Customer. The Customer must set the rules carefully, monitor the agents’ activity regularly and change or stop scheduled posts where necessary. Autopilot can be deactivated at any time.

The scope and availability of the platform interfaces are outside our control. Platforms may change or restrict interfaces, permissions or policies at any time. Some post formats cannot be published automatically; in that case the Service indicates that a manual step is required. We do not owe that a post actually appears on a platform, achieves a particular reach, or that metrics are fully available.

To provide the Service, we use third-party providers, in particular providers of AI models (e.g. for text, image, video and speech), the payment service provider Stripe, hosting and storage providers, and the interfaces of social media platforms. The providers used are described in the privacy policy.

The availability of individual features depends on these third-party providers. If a provider fails or discontinues a service, we may restrict the affected feature or replace it with an equivalent provider. Credits for generations that fail as a result are refunded in accordance with the section “Plans and credits”.

We are liable without limitation for intent and gross negligence, for culpable injury to life, body or health, under the German Product Liability Act, and to the extent of any guarantee given.

In the event of a slightly negligent breach of a material contractual obligation, our liability is limited to the typical damage foreseeable at the time the contract was concluded. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely (cardinal obligations).

Otherwise, liability for slight negligence is excluded. Strict liability for defects already existing at the time the contract was concluded (Section 536a(1), first alternative, BGB) is excluded to the extent permitted by law.

The above limitations also apply in favour of our legal representatives, employees and vicarious agents. Statutory claims of consumers in respect of defects in digital products (Sections 327 et seq. BGB) remain unaffected to the extent they cannot be validly limited by the above provisions.

If the Customer is a business, it indemnifies the Provider against all claims asserted by third parties on account of an infringement of their rights for which the Customer is responsible, caused by Customer Content, by content published via the Customer’s accounts or by any other use of the Service in breach of contract. The indemnity also covers reasonable costs of legal defence. The Provider informs the Customer of such claims without undue delay and gives it the opportunity to comment.

The usage contract for the free plan runs for an indefinite period and can be terminated by either party at any time; the Customer can do so by deleting their user account in the settings. We may terminate the free plan with four weeks’ notice. Subscriptions are governed by the section “Cancellation of subscriptions”.

The right of both parties to extraordinary termination for good cause remains unaffected. Good cause for us exists in particular in the event of serious violations of the section “Acceptable use”, or violations continued despite a warning, or significant payment default.

The Customer can export their data at any time before the end of the contract using the export feature (Settings → Privacy) and the download features. After termination of the contract or deletion of the account or workspace, we delete Customer Content within 30 days, unless statutory retention obligations (e.g. for invoices) prevent this. Unused credits expire upon termination, unless otherwise provided by law.

Information on the processing of personal data is provided in our privacy policy. Where businesses process personal data of third parties in the Service, we act as a processor; details are set out in the data processing agreement.

We may amend these Terms with effect for the future if there is a valid reason, in particular changes in legislation or case law, new features or changed terms of third-party providers. We notify changes by email at least six weeks before they take effect and make the amended version available.

For businesses, the changes are deemed accepted if the Customer does not object within six weeks of receiving the notification. We specifically point out this period and the consequences of not objecting in the notification. In the event of an objection, both parties may terminate the contract with effect from the date the change takes effect.

For consumers, changes affecting essential contractual terms, in particular the scope of services, prices or term, only take effect with the Customer’s express consent. Purely editorial changes and changes that are exclusively in the Customer’s favour do not require consent. If the Customer does not consent to a change requiring consent, the contract continues on the previous terms; the right of both parties to ordinary termination remains unaffected.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence (Art. 6(2) Rome I Regulation).

If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Provider’s registered office ([City]). We are also entitled to sue at the Customer’s general place of jurisdiction. For consumers, the statutory places of jurisdiction apply.

Information on consumer dispute resolution is available in the legal notice.

Should individual provisions of these Terms be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provisions (Section 306(2) BGB).

For businesses, amendments and additions to the contract require text form unless expressly agreed otherwise. Individual agreements always take precedence.