of {{COMPANY_LEGAL_NAME}} for Smooth Creator
1.1 These Terms and Conditions (T&Cs) apply to all contracts concluded between {{COMPANY_LEGAL_NAME}} (hereinafter referred to as "GmbH") and its users via the Smooth Creator platform. They govern the use of the digital services offered by the GmbH, as described on the platform.
1.2 Conflicting, contradictory, or supplementary terms and conditions of users shall not become part of the contract, unless their validity is expressly agreed to in writing.
2.1 The GmbH operates a platform under the brand "Smooth Creator". The features and services offered by the platform are described in detail on the website at {{BASE_URL}}. The platform is accessible via the website {{BASE_URL}}.
2.2 The GmbH offers various usage models, including free trial versions and paid subscriptions or one-time purchases. The respective scope of services is transparently displayed on the platform.
2.3 Users can use the digital content and features offered on the platform within the scope of the selected usage model. Where the platform provides automated or AI-generated content, the nature and scope of these features are described on the platform.
2.4 Content provided via the platform can be accessed or exported, provided this is included in the selected usage model.
3.1 Where the platform provides content generated automatically or by artificial intelligence (AI), the GmbH endeavors to provide high-quality and factually correct content. However, no guarantee can be given for the absolute accuracy, completeness, or precision of such content.
3.2 Automatically generated content serves to support users and provide a quick overview. It does not replace independent review by the user and does not constitute professional advice.
3.3 Where the platform provides interactive features that allow users to submit input, responses to such input may be generated in part automatically. The GmbH assumes no liability for the accuracy of these responses. The statutory provisions of § 309 No. 7b BGB remain unaffected.
3.4 Users are obliged to enter only appropriate, fact-related content when using interactive features. The input of offensive, discriminatory, violence-glorifying, pornographic, illegal, or otherwise inappropriate content is strictly prohibited. Users bear sole responsibility for the content they submit. The GmbH assumes no liability for content entered by users or for consequences or damages resulting therefrom. The GmbH reserves the right to temporarily or permanently block access to the platform and to take legal action in case of violations of this obligation.
4.1 Use of the platform generally requires registration. Users are obliged to provide truthful and complete information during registration.
4.2 By registering and uploading a document or selecting a paid service, users make a binding offer to conclude a contract.
4.3 For paid services, the contract is concluded by confirming the order and forwarding to the payment service provider. After successful payment, users receive a confirmation email and access to the booked services.
4.4 The GmbH reserves the right to reject offers without giving reasons, particularly in case of justified suspicion of abuse or violations of these T&Cs.
5.1 For subscription models, the contract is concluded for the selected period (e.g., monthly or annually) and automatically renews for the same period unless terminated in due time.
5.2 A subscription can be cancelled at any time at the end of the respective term. The notice period is 14 days before the end of the current billing period. Cancellation must be made in text form (e.g., by email to {{SUPPORT_EMAIL}}).
5.3 For one-time purchases or single payments, no cancellation is required. Access to the purchased content remains for the specified period.
5.4 The GmbH is entitled to terminate extraordinarily with a notice period of two weeks in text form if there is an important reason. An important reason exists in particular in case of payment default, violation of these T&Cs, or abusive use of the platform.
6.1 Users are obliged to treat their access data confidentially and not to pass it on to third parties. Sharing access data or sharing accounts (account sharing) is prohibited.
6.2 Content provided via the platform may only be used for personal, non-commercial purposes, unless expressly agreed otherwise in the selected usage model. Sharing, public performance, commercial use, or distribution of the content is not permitted without express written permission from the GmbH.
6.3 In case of a culpable violation of the obligation to keep access data confidential or the prohibition of account sharing, the user commits to pay a contractual penalty of 2,500 EUR to the GmbH.
6.4 The assertion of further claims for damages remains unaffected. A contractual penalty that has been incurred will be coined against any claim for damages.
6.5 The GmbH reserves the right to have the amount of the contractual penalty reviewed by a court and adjusted if necessary, if the contractual penalty is considered unreasonably high or low.
7.1 Where users upload or submit their own content to the platform, they are responsible for ensuring that they have the necessary rights to that content or may use it within the framework of applicable legal permissions.
7.2 The GmbH assumes no liability for rights infringements by content uploaded by users. Users indemnify the GmbH from all claims of third parties that arise due to the violation of rights by the uploaded content.
7.3 The GmbH reserves the right to review uploaded content and to delete it or refuse further processing if there is suspicion of legal violations.
8.1 The prices for the services offered are based on the price list displayed on the platform at the time of contract conclusion. All prices include statutory value-added tax.
8.2 Payment is made via the payment service provider Stripe (https://stripe.com/de). Users can choose from various payment methods.
8.3 For subscriptions, the debit is made automatically at the beginning of each billing period. In case of payment default, the GmbH is entitled to block access to the platform.
9.1 Consumers have a statutory right of withdrawal of 14 days from the conclusion of the contract.
9.2 The right of withdrawal expires prematurely if the GmbH has begun to execute the contract after the user has expressly consented and confirmed that they lose their right of withdrawal by this consent.
9.3 The withdrawal must be sent in text form (e.g., by email) to {{SUPPORT_EMAIL}}. A sample withdrawal form:
(*) Delete as applicable.
10.1 The GmbH continuously endeavors to provide a stable and error-free platform as well as high-quality AI-generated content. However, no guarantee can be given for the constant availability of the platform or the absolute accuracy of the generated content.
10.2 The GmbH assumes no liability for the factual accuracy of automatically or AI-generated content. This content is for informational purposes only and does not replace independent review by the user.
10.3 Claims of users for damages are excluded, unless otherwise specified below. Excluded are claims for damages due to injuries to life, body, or health as well as claims from the violation of essential contractual obligations (cardinal obligations). Also excluded is liability for damages that are based on intentional or grossly negligent breaches of duty by the GmbH, its legal representatives, or vicarious agents.
10.4 In case of violation of essential contractual obligations, the GmbH is only liable for the contract-typical, foreseeable damage if this was caused by simple negligence.
10.5 The above limitations of liability also apply in favor of the legal representatives and vicarious agents of the GmbH.
10.6 The provisions of the Product Liability Act remain unaffected.
11.1 All content provided via the platform as well as the platform itself are protected by copyright. The rights lie with the GmbH and its licensors.
11.2 Users receive a simple, non-transferable, non-sublicensable right to use the content provided to them exclusively for personal, non-commercial use, unless expressly agreed otherwise in the selected usage model.
11.3 Any form of reproduction, distribution, public communication, or commercial use of the content requires the express prior written consent of the GmbH.
11.4 Exporting or downloading content is only permitted within the framework of the export functions offered on the platform. The technical circumvention of protective measures or the extraction of content in any other way is prohibited.
12.1 The processing of personal data is carried out in accordance with applicable data protection regulations, particularly the General Data Protection Regulation (GDPR).
12.2 Detailed information on data processing can be found in our privacy policy at {{BASE_URL}}/privacy.
12.3 Content uploaded or submitted by users is processed for the provision of the services. The GmbH stores this content only as long as necessary for the provision of services, unless a longer retention period is required by law or contractually agreed.
13.1 The GmbH reserves the right to change these T&Cs. Users will be informed of changes by email or via the platform.
13.2 The changes are deemed approved if users do not object within 14 days of receipt of the notice. The GmbH will point out the significance of the objection period in the change notice.
13.3 In case of objection, the GmbH is entitled to terminate the contractual relationship extraordinarily.
14.1 Users are themselves responsible for the technical requirements to use the platform. This includes an internet-enabled device, a stable internet connection, and a current web browser.
14.2 The GmbH assumes no liability for technical problems on the part of users or for connection interruptions.
15.1 The GmbH is entitled to temporarily or permanently block user accounts if there are concrete indications of a violation of these T&Cs, in particular in case of:
15.2 Before a permanent block, the GmbH will hear the user, if this is reasonable.
15.3 After termination of the contract, users can request deletion of their account. The GmbH will delete the data insofar as no statutory retention obligations oppose this.
16.1 The law of the Federal Republic of Germany applies, excluding the UN Sales Law.
16.2 The contract language is German.
16.3 Should a provision of these T&Cs be invalid, the validity of the remaining provisions remains unaffected. A regulation that comes closest to the economic purpose of the invalid provision shall take the place of the invalid provision.
16.4 The place of jurisdiction for all disputes arising from this contractual relationship is the registered office of the GmbH, provided that the user is a merchant, legal entity under public law, or public-law special fund.
Online Dispute Resolution: The European Commission provides a platform for out-of-court online dispute resolution (ODR platform). This can be accessed at https://ec.europa.eu/consumers/odr/.
Note pursuant to § 36 VSBG (Consumer Dispute Resolution Act): {{COMPANY_LEGAL_NAME}} is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.