General Terms and Conditions for Postline.ai

Applicability

These General Terms and Conditions (hereinafter referred to as "GTC") apply to the services provided by Mind Nexus GmbH, Stormsweg, 6a 22085 Hamburg, HRB 184123, hereinafter referred to as "Postline," the platform postline.ai and all subdomains and related additional services. The GTCs are applicable to all users, regardless of whether they act in the context of a business or not and whether a user account ("Account") is created.

Definitions

"Postline" is a software product developed by Mind Nexus GmbH, Stormsweg 6a 22085 Hamburg, HRB 184123.

"User" means any natural person or legal entity accessing the platform via a device.

"Account" means the personal user account of a User who has completed the registration process.

"Registered User" means a User who has created an Account.

"Platform" means the Postline Platform, accessible through the domain postline.ai and its subdomains and through which Users interact with the software.

"Agreement" is the relationship between the User and Postline, which determines under which conditions Postline provides the service.

"The parties" are Postline and the User.

"The Service" means the provision of the Platform and the mediation of agreements with Users through this Platform.

"Content" means the content uploaded or created by registered Users within the Platform, including images, sound and video material, live streams, links, texts, and other data material.

Use of the platform

1. The use of the platform is not permitted for persons under 18 years of age or persons who are not of age according to the legal regulations applicable to them. By using the platform, the User guarantees that he/she is at least 18 years old or of legal age according to the legal regulations applicable to him/her insofar as these require an age of more than 18 years.

2. The platform is not allowed to be used by persons who had an account on the platform at an earlier time that was blocked or deleted by Postline. By using the platform, the user guarantees that he/she has never had an account blocked or deleted by Postline.

3. Postline will fulfill its obligations conscientiously and do everything commercially reasonable to avoid restrictions on the platform's usability.

4. For his part, the User shall do everything necessary and reasonable to ensure the smooth running and operation of the platform and to contribute to the proper execution of the contract.

5. The user indemnifies Postline from any claims that third parties may be entitled to against Postline due to the violation of provisions of these GTC.

Account

1. An account is not required to access the platform. However, the user may create an account to use more functions on the platform, mainly to conclude a paid subscription for additional features of the platform.

2. By creating an account and having this process confirmed by Postline, the parties enter into an agreement that Postline grants the User access to the platform and the service. These GTCs are part of the agreement between the User and Postline.

3. The Agreement shall continue until it terminates following the provisions of these Terms and Conditions. The User may terminate the Agreement at any time by deleting his Account.

4. To create an account, the user must provide specific data. The user undertakes to answer the questions in the registration process truthfully. The user shall ensure that Postline has all data necessary to fulfill its obligations and that this data is complete, up-to-date, and correct.

5. As part of the registration process, the user provides an individual username (username) and creates a password or uses a third-party login method (OAuth) to protect the account (together with login data). The User undertakes to keep the login data safe and not to pass it on to third parties. If the user suspects that the data could have fallen into unauthorized hands, he/she shall inform Postline immediately and take all necessary measures to prevent any account misuse.

6. The user is not permitted to share his login information or account with third parties or other users, either for a fee or free of charge.

7. Postline reserves the right to request an identity verification at any time during the registration process or after an account has been created and to temporarily block the User's access to the Platform until the verification is completed at its discretion.

User Content and Responsibility

1. Postline offers services that enable the User to generate, edit, publish, and schedule LinkedIn posts through an artificial intelligence engine (“Service”). Postline acknowledges that it does not claim ownership of the information, text, graphics, videos, or other material (“content") that the User creates, stores, or shares through the service.

2. The User remains solely responsible for the legality, reliability, and appropriateness of the content that the User creates or posts through the service. By utilizing the service, the User represents and warrants that:
   
   

   • the respective Content is the intellectual property of the User or the User has obtained the necessary rights to use it;

   • Utilizing the Service for posting Content does not infringe the privacy rights, publicity rights, copyrights, contract rights, or any other rights of a third person or entity.

   • Postline retains the right to terminate the User’s account in case of any demonstrated copyright infringement.
     
     

3. Notwithstanding the aforementioned, by posting content using the service, the User grants Postline the non-exclusive, worldwide, royalty-free right and license to use, modify, publicly perform, publicly display, reproduce, and distribute the content on and through the Service. The User agrees that this license includes the right for Postline to make the Content available to other users of the Service, who may also use the User's content in line with these Terms.

4. Postline reserves the right, but not the obligation, to monitor and edit all content provided by Users.

5. Postline provides an artificial intelligence technology to generate new content. In this matter, the User remains responsible for utilizing the artificial intelligence technology and this content in a lawful manner that does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.

6. Given the inherent nature of artificial intelligence systems, there may be instances where Postline’s artificial intelligence may generate content that could be perceived as inappropriate or offensive. As artificial intelligence is unbiased and operates under specific programming protocols, Postline will not be held legally responsible if such scenarios arise. Postline's artificial intelligence aims to provide content it estimates to perform well on LinkedIn, drawing on past data sets of similar posts.

Subscription and Payment Terms

1. When the User purchases a subscription, it is understood that the billing cycle is monthly and payable in advance. In case of a payment failure, we will issue an electronic invoice indicating the requirement of manual payment within a specific date. Late payment may result in the temporary suspension of the service until payment is received.

2. For pricing changes during an ongoing subscription, the User will be charged the new rate on their next billing cycle after the change has been implemented.

Reward System

1. Under our reward system, active Users can benefit from a discounted subscription rate:

   If a User posts at least one post for a minimum of 25 days during a single billing cycle, typically running 30 or 31 days, they will qualify for the reward. The reward is that the subscription fee for the subsequent billing cycle will be reduced to €9.90. This reward program aims to encourage our Users to remain active and challenge themselves to grow on LinkedIn.

2. We reserve the right to change the rewards program at any time. All changes will be communicated to the Users in advance.

3. The rewards program does not apply retrospectively. If a User qualifies for the reward in a given month, the discounted rate applies from the next billing cycle. This does not provide the User with a discount or refund for the month they qualified for the reward.

4. The discounted rate will apply as long as Users continue to meet the active posting condition each month. If a User fails to meet this requirement in a particular month, they will be billed the regular fee of €49.90 for the next month, but they can qualify for the discounted rate again by meeting the active posting condition in the following month.

5. Rewards cannot be transferred between Users or redeemed for cash or other forms of credit.

6. The rewards program is subject to the same cancellation policy as regular subscriptions. If Users cancel their subscription during a month they qualify for the reward, they will not benefit from the discounted rate.

Refunds

1. If the User is not fully satisfied with the Service, they can request a refund within seven days of the purchase by contacting team@postline.ai. However, refunds do not apply after this 7-day period or for renewal payments.

Trial Periods and Cancellations

1. Users are offered a free trial of the service. The full functionality of the service will be available during the free trial period. To avoid being charged, Users must cancel their trial subscription before the end of the trial period. If not, the User will automatically be charged €49.90 for the first month's subscription. The duration of the trial period is specified during checkout.

2. The User may cancel a subscription at any time by contacting our customer support team or through options available on the User account page. Canceling your subscription will not terminate your account immediately; the user will continue to have access to the service until the end of the current billing period.

Changes to Subscriptions and Pricing

1. Postline.ai reserves the right to modify the price of the service at any time at its discretion. Existing Users will be notified at least 30 days in advance of any change in subscription fees to provide them an opportunity to cancel their subscription before such changes take effect. The continued use of the service following such changes signifies the user’s acceptance of the new pricing.

Behavior of users on the platform

1. It is prohibited to use the platform in a way that violates applicable law or the Postline Community Guidelines.

2. Regardless of whether the conduct is lawful, it is prohibited on the platform to:

   • distribute malware or malicious software or assist others in doing so;

   • send spam or other unsolicited communications;

   • upload or create content that contains false or misleading information about public affairs;

   • upload or create content that promotes human trafficking, violence, or the exploitation of children;

   • Upload or create content that violates the privacy of third parties, e.g., by disclosing personal data,

   • do harm to Postline’s systems, the platform, or other users;

   • display any conduct that violates netiquette or involves insults, racism, bullying, harassment, abuse, stalking, or other harmful conduct against others;

   • to upload or create content that promotes the distribution of goods and services subject to legal restrictions (including weapons, alcohol, drugs, medicines, and poaching or goods related thereto;

3. The user is solely responsible for the content he uploads to or creates on the platform, as well as for external links he includes or publishes. Postline nevertheless reserves the right to block content at its discretion or to remove it from the platform (by deletion), especially if reports from users, third parties, or a screening tool used by Postline give rise to the suspicion that there might be a violation of these Terms and Conditions, applicable law or the rights of third parties. Screening tools do not release the user from his responsibility for the content. Postline assumes no liability for the content the user uploads to or creates on the platform. The same applies to violations of applicable law by the user through the use of the platform, including violations of data protection regulations.

4. The User guarantees that he/she has all rights, permissions, licenses, etc., required to use the content on the Platform and that the content does not violate any legal prohibitions or the rights of third parties.

5. The User shall not misuse the content of other users and shall not export it from the Platform unless this is provided for within the scope of the platform's functions.

Accessibility of the platform

1. Postline guarantees a network availability ("connectivity") of the platform of 98% per calendar quarter. Excluded from the guaranteed availability are the downtimes and reduced availabilities described below. These are considered as proper service provision and are not counted as time affecting the availability:

2. Planned, previously announced downtimes (especially for maintenance purposes).

3. Downtimes for which Postline is not responsible, in which the accessibility of the platform is impaired due to technical or other problems (e.g., force majeure, fault of third parties, including DDoS attacks, etc.), insofar as Postline could not prevent these even taking into account customary market standards.

4. Postline may also restrict access to the platform and the services accessible outside the maintenance windows if the security of the platform's operation, the maintenance of network integrity, in particular the avoidance of severe disruptions of the network, the underlying software, or stored data require it, without this giving rise to any rights for the user.

Third party content

1. Postline reserves the right to transfer parts of its obligations to third parties.

2. The platform may contain products or services of third parties or be forwarded to them. This requires that the user has agreed to a corresponding integration. Postline assumes neither responsibility nor liability of any kind for the accessibility or content of third parties.

Data handling

1. Postline is committed to the responsible use of its users' data; please see our privacy policy for more information on how we process our users' data.

Our rights

1. Postline is entitled to block a registered user's account if there is a suspicion that he might have violated these terms and conditions. The account can be deleted if the suspicion is confirmed at Postline’s discretion. A right of deletion exists in particular in case of a breach of clauses 5 and 4.4 - 4.6 of these GTCs.

Final Provisions

1. To the maximum extent permitted by applicable law, in no event will Postline, Mind Nexus GmbH or any of its affiliates be liable for any special, indirect, incidental, or consequential damages, including, but not limited to, loss of profits or data, arising out of this agreement or the use of the services.

2. The user acknowledges that all intellectual property rights in our services and products belong and shall belong to Mind Nexus GmbH, and you shall have no rights in or to the service other than the right to use it in accordance with these Terms.

3. In the event of a dispute, you agree to attempt to resolve the dispute by contacting team@postline.ai before taking any other action. Failure to contact us to attempt a dispute resolution before taking further action will result in a breach of these Terms.

4. The agreement is subject to German law unless other law is mandatorily applicable. Insofar as different language versions of these GTCs are provided, the German language version shall prevail in the event of a contradiction.

5. The place of jurisdiction for disputes between the User and Postline is Hamburg, Germany, unless mandatory applicable law stipulates otherwise.

6. Should any part of these GTCs be invalid, this shall not affect the validity of the remaining GTCs. In this case, the parties will agree on a supplementary provision as close to the initially intended provision as possible.

7. Postline reserves the right to adjust these Terms and Conditions and the prices defined herein if necessary due to changes in applicable law or economic circumstances. The User will be informed about such an adjustment in due time. If the User uses the platform after the time at which the adjustments come into force, this will be regarded as consent to the adjustments. If the User does not wish to agree to the adjustments, he may terminate the agreement.

8. Postline reserves the right to transfer to third parties the rights and obligations justified by these terms and conditions in relation to the user.