Terms and Conditions (T&Cs)

1. Provider and Scope of Application

These Terms and Conditions (hereinafter referred to as the “T&Cs”) govern all legal relationships between the provider and users of the software “PostExpert”.

Provider:

Stefan Fischnaller
Mentlgasse 5
6020 Innsbruck
Austria
Email: info@postexpert.de

PostExpert is operated as a cloud-based Software-as-a-Service (SaaS) platform under the business name “PostExpert”. The name “PostExpert” is a commercial designation of the provider and is currently not registered as a trademark.

These T&Cs apply to both entrepreneurs within the meaning of Section 1 of the Austrian Commercial Code (UGB) and consumers within the meaning of the Austrian Consumer Protection Act (KSchG), unless specific provisions expressly apply only to entrepreneurs or consumers.

Any deviating or conflicting terms and conditions of the customer shall not become part of the contract unless expressly agreed to in writing by the provider.

Language and Governing Version

These Terms and Conditions may be provided in multiple languages for convenience purposes. In the event of any discrepancies, inconsistencies, or interpretation differences between the English version and the German version, the German version shall prevail and shall be the legally binding version.

2. Subject Matter of the Contract and Description of Services

PostExpert is a cloud-based Software-as-a-Service (SaaS) platform for the creation, planning, management, and automated publication of social media content. The platform is primarily intended for users of the social media platform Instagram and enables them to centrally manage their content creation and publishing processes.

The services provided by PostExpert include the provision of a technical infrastructure that enables customers to define automated and manual workflows for creating and publishing content. For this purpose, customers may create so-called “bots,” which function as configurable automation processes. Depending on the configuration selected by the customer, these bots may independently generate, schedule, and either automatically publish content or place it in a queue for prior manual review.

The platform provides customers with features that enable the creation of social media content using artificial intelligence. This includes, in particular, the generation of text-based content such as captions, descriptions, and hashtags, as well as the creation of visual content such as images and videos. To technically provide these functionalities, external AI service providers may be integrated, including providers of generative AI models such as Google (e.g., Imagen) or comparable third-party providers.

Customers are also entitled to upload their own content to the platform. This includes, in particular, images, videos, logos, and other digital assets. In addition, customers may optionally integrate content from third-party sources, including licensed stock media from providers such as Pexels or comparable services. Regardless of this, customers may at all times create and manage content entirely manually without using any AI functionalities.

PostExpert also provides various tools for content planning and organization. These include, in particular, scheduling functions, automated publishing of content, manual approval workflows prior to publication, and structured content management through a content calendar.

In addition, the platform offers analytics and reporting features (“Insights”), enabling customers to monitor the performance of their published content. Furthermore, PostExpert may provide trend analysis features that evaluate publicly available data from external platforms to provide customers with information regarding relevant hashtags, topics, or music trends.

The provider expressly does not owe any specific economic or business success under this agreement. In particular, no guarantees are provided regarding reach, visibility, engagement rates, follower growth, lead generation, revenue, or any other business results.

3. Conclusion of Contract and Eligibility Requirements

The agreement for the use of PostExpert is concluded upon the customer’s registration on the platform and selection of a paid subscription plan.

By completing the registration process, the customer submits a binding offer to conclude a user agreement. The agreement becomes effective upon activation of the user account by the provider or upon the actual provision of the platform services, whichever occurs first.

Use of the platform is generally permitted for individuals who have reached the age of 14. By registering, the customer confirms compliance with this requirement.

The provider primarily addresses entrepreneurs within the meaning of the applicable legal provisions. However, use by consumers is also expressly permitted, provided that the platform is used in accordance with applicable laws.

Agencies, freelancers, and other service providers may use the platform on behalf of or while managing third parties. In such cases, however, only the registered customer shall remain the contractual partner of the provider and shall be solely responsible for all obligations arising from the use of the platform.

4. Services, Platform Development, and Modifications

The provider makes the PostExpert software available to the customer as a cloud-based Software-as-a-Service solution via the Internet within the scope of the selected subscription plan. Access is granted exclusively for the duration of the respective contractual relationship.

PostExpert is a dynamic software platform that is continuously developed, optimized, and adapted to technical, legal, and economic requirements. The customer acknowledges that the platform is not a static product but a continuously evolving system.

The provider is entitled to further develop, modify, or improve the platform at any time. This includes, but is not limited to, expanding existing functionalities, introducing new features, modifying or removing individual features, changing usage limits, and integrating, replacing, or discontinuing third-party services and AI technologies.

The customer shall have no claim to the permanent availability of specific functionalities, feature sets, or technical implementations in their original or specific form, provided that the overall contractual purpose of the platform continues to be fulfilled.

The customer further acknowledges that the functionality of certain components of the platform depends on external technical systems and third-party providers. This applies in particular, but not exclusively, to integrations with social media networks, cloud infrastructures, and AI service providers. The provider does not warrant that individual functionalities will remain permanently available, unchanged, or uninterrupted.

5. Use of Artificial Intelligence and Risks of AI-Generated Content

PostExpert uses artificial intelligence technologies for the automated creation, processing, and optimization of content, including but not limited to texts, images, videos, hashtags, and other social-media-related data.

The customer expressly acknowledges that content generated using artificial intelligence is based on statistical probability models and may therefore contain inaccuracies, omissions, biases, or factual errors. The provider does not perform any substantive or legal review of generated content.

The provider assumes no responsibility or warranty regarding the accuracy, legality, completeness, or commercial suitability of AI-generated content. In particular, such content does not constitute legal, tax, medical, financial, or any other form of professional advice.

The customer is responsible for reviewing all content generated through the platform prior to its use, publication, or distribution and for ensuring that such use is legally permissible and does not infringe any third-party rights. This obligation applies regardless of whether the content is used manually or published automatically through features such as auto-publishing.

Where the customer uses the so-called “Permission Mode,” content will only be published following the customer’s prior active approval. Nevertheless, responsibility for reviewing the content remains entirely with the customer.

6. Social Media Integration and Third-Party Dependencies

The PostExpert platform is currently integrated exclusively with the social media platform Instagram. The technical integration is implemented through official application programming interfaces (APIs) and authentication systems provided by the respective platform operators, in particular Meta Platforms Ireland Ltd.

The customer acknowledges that use of the platform necessarily depends on external technical systems and third-party providers over which the provider has no control. This applies in particular to the availability, stability, functionality, and legal and technical framework conditions of the relevant interfaces.

Changes, restrictions, temporary or permanent shutdowns, or other impairments of such interfaces by third-party providers may result in individual or all functionalities of PostExpert becoming partially or completely unavailable.

In this context, the provider assumes no responsibility for the continuous availability or compatibility of the platform with external services, including but not limited to Instagram or the Meta API. To the extent permitted by law, any claims by the customer arising from such limitations are excluded.

The customer further acknowledges that changes to the terms of service, policies, or technical requirements of third-party providers may affect the functionality of the platform without creating any obligation on the part of the provider to adapt or maintain specific functionalities.

7. Prices, Billing, and Payment Terms

The use of PostExpert is exclusively offered under a paid subscription model. The applicable scope of services and pricing structure are determined by the subscription plan selected by the customer at the time of contract conclusion.

The provider currently offers the Basic, Pro, and Ultra subscription plans. The applicable prices are displayed clearly and transparently on the website and within the platform. The current standard prices are:

• Basic: €19.95 per month or €199 per year
• Pro: €39.95 per month or €399 per year
• Ultra: €89.95 per month or €899 per year

All prices are stated in Euro and include all applicable taxes unless expressly stated otherwise.

The provider reserves the right to modify pricing structures and the composition of subscription plans at any time. Price changes shall apply exclusively to future billing periods and shall not affect any ongoing or already paid subscription periods. Customers will be informed of material price changes in an appropriate manner before they take effect.

Subscription fees are billed in advance for the selected billing period, either monthly or annually, depending on the chosen subscription plan.

Payments are processed through the external payment service provider Stripe. The customer agrees to the use of this payment service provider and the associated payment processing procedures. The provider does not store complete payment details, particularly credit card information.

If a payment cannot be successfully processed, the provider is entitled to temporarily restrict or suspend access to the platform until the outstanding amount has been settled. Any further legal rights of the provider remain unaffected.

8. Contract Term and Termination

The contract is concluded either on a monthly or annual basis, depending on the subscription plan selected by the customer.

In the case of monthly billing, the contract begins on the date of conclusion and is automatically renewed for an additional one-month period unless it is terminated in due time. In the case of annual billing, the contract also begins on the date of conclusion and is automatically renewed for an additional one-year period after the end of the minimum contract term unless it is terminated in due time.

The customer may terminate the contract at any time; however, such termination shall only become effective at the end of the respective current billing period.

Termination must be received by the provider no later than one (1) calendar day before the respective renewal date. The timeliness of the termination shall be determined by the date of receipt of the termination notice by the provider.

Termination may be submitted in text form, in particular by email to the contact address provided by the provider or via a termination function available within the platform, if such a function is offered.

After termination becomes effective, access to the platform shall remain available until the end of the already paid subscription period, unless immediate suspension for good cause occurs.

If no timely termination is received, the contract shall automatically renew for the originally agreed subscription period (monthly or annually) under the then-current conditions.

9. Trial Period and Referral Program

The provider may, at its sole discretion, grant new customers a free trial period for the use of PostExpert. There is no legal entitlement to a trial period. The provider reserves the right to restrict, modify, suspend, or completely discontinue the trial period at any time without being obliged to do so or to provide separate notice to existing or future users. Any trial periods already commenced shall remain unaffected unless there is a valid reason for early termination.

Upon expiration of a granted trial period, the selected subscription shall automatically continue on a paid basis unless it is duly terminated before the end of the trial period or mandatory legal provisions require otherwise.

In addition, the provider may offer a referral program through which customers may receive free months of use for successfully referring new paying customers. A referral is considered successful only if the referred user concludes a paid subscription, the payment is successfully processed, and no misuse or fraud is suspected.

Granted free usage months are automatically assigned to the customer’s account and may accumulate. Such credits are personal, non-transferable, non-exchangeable, and cannot be redeemed for cash or any other benefits.

The provider reserves the right to modify, restrict, suspend, or discontinue the referral program at any time. Properly and validly credited referral rewards shall generally remain unaffected.

The provider is entitled to refuse, revoke, or retrospectively cancel referral credits if there are indications of abusive behavior, fraudulent activity, creation of multiple accounts, circumvention of program rules, or any other form of manipulation. In such cases, the provider may also temporarily or permanently suspend the affected user account.

10. Rights of Use and Intellectual Property

All rights to content uploaded, created, or provided by the customer remain, to the extent permitted by law, with the respective customer or rights holders. The customer warrants that they hold all rights, licenses, consents, and authorizations necessary for the use of the platform and that the content uploaded or published does not infringe any third-party rights.

To the extent necessary for the provision and performance of the contractual services, the customer grants the provider a simple, non-exclusive, worldwide, and time-limited right of use to the content provided by the customer for the duration of the contract. This includes, in particular, the right to store, process, reproduce, display, transmit, and edit such content insofar as this is technically required to provide the platform functionalities.

Subject to any third-party rights, the customer obtains all usage rights necessary for the contractual use of content generated by PostExpert. This includes, in particular, the right to edit, reproduce, publish, distribute, and use such content for both private and commercial purposes.

The customer is solely responsible for the use, publication, and legal admissibility of all content, regardless of whether it was created by the customer, by third parties, or by artificial intelligence. The provider does not warrant that generated content is free of third-party rights or may be published without further review.

The provider is entitled to use content generated via the platform in anonymized or non-attributable form for internal analysis, statistical evaluation, product improvement, quality assurance, as well as marketing and demonstration purposes. In doing so, the provider ensures that no personal data or clearly customer-identifiable information is disclosed.

Content uploaded by the customer, such as images, videos, logos, brand elements, text, or other materials, shall not be used for the training of AI models. Any training-related use shall be strictly limited to generated, anonymized, or otherwise non-identifiable data.

11. Customer Obligations

The customer agrees to use the platform solely in compliance with applicable laws, regulatory requirements, and the terms of use of any integrated third-party platforms.

In particular, the customer is obligated to ensure that all content uploaded, processed, or published is lawful and does not infringe the rights of third parties. This includes, in particular, copyright, trademark, personality, data protection, and other intellectual property rights.

The customer is prohibited from using the platform to distribute unlawful, defamatory, discriminatory, fraudulent, misleading, harmful to minors, or otherwise prohibited content. Furthermore, any use of the platform that may impair the technical infrastructure of the provider, circumvent security measures, or jeopardize platform functionality is strictly prohibited.

The customer is obligated to keep their access credentials confidential and protect them from unauthorized access. Credentials may not be shared, sold, rented, or otherwise made available to third parties unless expressly authorized by the provider.

The customer is responsible for all activities carried out through their account. If there is any suspicion that access credentials have been compromised or that unauthorized use of the account has occurred, the customer must immediately notify the provider and take appropriate measures to secure the account.

In the event of a breach of these Terms and Conditions or applicable law, the provider is entitled to take appropriate measures, including removing content, restricting functionality, temporarily suspending the account, or terminating the contract for cause. Any further legal rights of the provider remain unaffected.

12. Suspension and Extraordinary Termination

The provider is entitled to temporarily or permanently restrict the customer’s access to the platform, disable individual functionalities, or terminate the contractual relationship for cause.

Good cause shall be deemed to exist in particular if the customer violates legal provisions, official regulations, or essential provisions of these T&Cs, or if there is a justified suspicion of such a violation.

Such good cause may exist, in particular, in cases of abusive use of the platform, repeated or significant spam behavior, manipulation of technical systems or interfaces, fraudulent activity, use of the platform for the creation or distribution of unlawful content, copyright infringement, violation of third-party rights, or any other conduct that may impair the functionality, security, or integrity of the platform or integrated third-party services.

In the event of suspension or extraordinary termination, the provider remains entitled to assert any statutory claims. Refunds of fees already paid shall only be made where legally mandatory.

13. Liability

The liability of the provider is governed by statutory provisions unless otherwise stipulated in these T&Cs.

The provider shall be fully liable only for intent and gross negligence. In cases of slight negligence, the provider shall be liable only for the breach of essential contractual obligations (cardinal obligations), and liability shall be limited to the foreseeable damage typical for this type of contract.

Any further liability is excluded to the extent permitted by law.

In particular, the provider shall not be liable for indirect or consequential damages, loss of profit, loss of revenue, or economic disadvantages incurred by the customer in connection with the use or unavailability of the platform.

Likewise, liability is excluded for loss of reach, followers, or engagement on social media platforms, for suspensions or restrictions of user accounts by third-party providers such as Instagram or Meta, for incorrect or incomplete outputs generated by artificial intelligence, as well as for data loss or other technical disruptions, unless caused intentionally by the provider.

The above limitations of liability shall also apply in favor of the provider’s legal representatives, employees, and vicarious agents.

14. Platform Availability

The provider makes the platform available within the scope of its technical and operational capabilities. There is no entitlement to uninterrupted, error-free, or permanently available access to the platform.

Availability may be affected in particular by necessary maintenance work, security updates, technical enhancements, or disruptions beyond the provider’s control. This includes, in particular, failures of internet or telecommunications services, disruptions of cloud infrastructure, and impairments caused by third-party providers or external platforms, including but not limited to Instagram or other API-based services.

The provider is entitled to perform maintenance, updates, or technical modifications of the platform at any time, insofar as this is necessary for secure and stable operation or for the further development of the platform. Such measures may result in temporary restrictions or outages of individual functionalities.

No claims shall arise for the customer from such restrictions or outages, to the extent permitted by law.

15. Data Protection

The processing of personal data by the provider is carried out exclusively in accordance with applicable data protection laws, in particular the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG).

Details regarding the nature, scope, and purpose of data processing, the rights of data subjects, as well as the service providers and technical procedures used, are set out in the provider’s current Privacy Policy, available at the following link:

https://www.postexpert.de/de/datenschutz

The Privacy Policy forms an integral part of the contractual relationship but does not itself form part of these Terms and Conditions.

16. Right of Withdrawal for Consumers

If the customer is a consumer within the meaning of applicable consumer protection law, they are generally entitled to a statutory right of withdrawal of fourteen (14) days from the date of contract conclusion.

However, the right of withdrawal does not apply or may expire prematurely if the provider begins performance of the service before the expiry of the withdrawal period and the customer has expressly consented to this.

During the contract conclusion process, the customer expressly agrees that the provider may begin providing the contractual digital services before the expiry of the withdrawal period.

The customer further acknowledges that their right of withdrawal expires once the service has been fully performed by the provider.

For digital content and SaaS services not supplied on a tangible medium, the right of withdrawal may already expire upon commencement of performance in accordance with statutory provisions, provided that the legal requirements are met.

The right of withdrawal shall in particular expire if the customer has expressly consented to the provider beginning performance before the end of the withdrawal period and has simultaneously confirmed awareness of the loss of the right of withdrawal.

Such consent is given during the ordering process via a separate checkbox mechanism that must not be pre-selected.

17. Amendments to These Terms and Conditions

The provider is entitled to amend these Terms and Conditions where there are valid objective reasons.

Such objective reasons include, in particular, changes in legislation, case law of higher courts, technical developments of the platform, changes to the services offered, or necessary adjustments to maintain the security and functionality of the platform.

Customers will be notified of changes to the Terms and Conditions in an appropriate manner, for example by email or within the platform, at least in due time before their planned effective date.

If the customer does not object to the changes within a reasonable period, the amended terms shall be deemed accepted. The provider shall explicitly inform the customer of this legal consequence in the notification of the changes.

In the event of an objection, the contract shall continue under the previous terms, provided that this is technically and legally possible. Otherwise, the provider is entitled to terminate the contractual relationship at the time the changes take effect.

18. Governing Law and Jurisdiction

These Terms and Conditions shall be governed exclusively by Austrian law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

To the extent legally permissible, the place of jurisdiction for all disputes shall be Innsbruck, Austria.

19. Contract Language

The contract language is German. An English translation may be provided for convenience. In case of any doubt or discrepancy, the German version shall prevail exclusively.

20. Severability Clause

Should any provision of these Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.

In place of the invalid provision, a valid provision shall be deemed agreed which most closely reflects the economic intent of the original provision.