Terms of Service for Social Media Manager

Last Updated: August 18, 2025

1. Definitions

In these Terms, the following terms have the following meanings:

• 'Service' refers to our website (social-media-manager.info), our web application (app.social-media-manager.info), and all related services, including our API.
• 'Third-Party Platforms' refers to third-party social media platforms and services, such as Facebook, Instagram, and X.
• 'Your Content' refers to all content you create, upload, or submit to the Service.

Welcome to Social Media Manager! These Terms of Service ('Terms') govern your use of our Service provided by Lukas Hübner ('we,' 'us,' or 'our').

By creating an account or using the Service, you agree to be bound by these Terms, which constitute a legally binding agreement between you and Lukas Hübner.

2. Description of Service

Social Media Manager is an AI-powered content platform designed for nonprofits, clubs, and small businesses. The Service allows you to write a post once, and our application will automatically adapt it for various social media platforms such as Facebook, Instagram, as well as for newsletters and websites. This is intended to save you time and maintain consistency across your communication channels

The Service acts as a tool to assist you in creating and distributing your content. You, the user, are ultimately responsible for the final content that is published to your accounts. The list of supported social media platforms may change over time based on the availability of third-party services.

3. User Accounts and Eligibility

• Eligibility: To use the Service, you must be at least 16 years of age. By creating an account and using the Service, you represent and warrant that you:
  (a) can form a binding contract with Lukas Hübner;
  (b) will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
• Using the Service on Behalf of an Organization: If you are using the Service on behalf of a nonprofit, club, business, or other legal entity, you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and to bind the entity to these Terms.
• Registration and Account Security: To use the Service, you must create an account with an email address and password. You agree to provide accurate and current information. You are responsible for all activities that occur under your account and for keeping your password confidential and secure. Accounts are for individual use and are non-transferable. You agree to notify us immediately of any unauthorized use of your account.

4. Third-Party Platform Integration

Our Service is designed to integrate with various third-party social media platforms and services ('Third-Party Platforms'), such as Facebook, Instagram, and X. To use these features, you may be required to connect your accounts on these platforms to our Service.

By connecting a Third-Party Platform to our Service, you acknowledge and agree to the following:

• Authorization and Responsibility: You represent and warrant that you have the authority to access and grant us permission to use the credentials for your Third-Party Platform accounts. You are solely responsible for complying with the terms, conditions, and policies of each Third-Party Platform.
• Content Compliance: You are responsible for ensuring that any content you publish through our Service complies with all applicable rules and policies of the destination Third-Party Platform.
• Data Transfer: You acknowledge that using these integrations will involve the transfer of data, including your content, from our Service to the connected Third-Party Platform.
• No Endorsement: Our Service is not affiliated with, sponsored, or endorsed by any Third-Party Platforms. We are not responsible for their operation or their handling of your data.
• Service Availability: The integration with Third-Party Platforms depends on the availability of their respective application programming interfaces (APIs). We are not liable for any loss of functionality, service interruptions, or other issues that result from changes, errors, or discontinuation of these APIs by the Third-Party Platforms.

5. User Conduct and Prohibited Uses

You agree to use the Service responsibly and in compliance with all applicable laws. As a user, you agree not to create, manage, or distribute content that:

• Is illegal, fraudulent, harassing, defamatory, discriminatory, abusive, or threatening.
• Is hateful, obscene, pornographic, or incites violence.
• Constitutes spam, chain letters, or unsolicited commercial communications.
• Infringes upon the intellectual property or privacy rights of others, including copyright, trademark, patent, or trade secret rights.
• Impersonates any person or entity or falsely states your affiliation with a person or entity.
• Contains viruses, malware, or any other malicious code designed to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment.
• Violates the terms of service, community guidelines, or other policies of any Third-Party Platform.

You are solely responsible for the content you create and publish through our Service. While our AI assists in adapting your content, the final responsibility for reviewing and approving the published material rests entirely with you.

Additionally, you specifically agree not to:

• Reverse engineer, decompile, or otherwise attempt to extract the source code or underlying algorithms of the Service.
• Use automated tools, scripts, or bots to access, scrape, or overload the Service or its systems.
• Attempt to gain unauthorized access to our systems or user accounts.
• Use the Service for any purpose other than its intended use, or in any manner that could interfere with, disrupt, or negatively affect other users from fully enjoying the Service.

Violation of these rules may result in the suspension or termination of your account, as detailed in the 'Termination and Suspension' section.

6. Intellectual Property Rights

Your Content: You retain all ownership rights to the content you create, upload, or submit to the Service ('Your Content'). You represent and warrant that you own Your Content or have the necessary rights and permissions to grant us the license below.

License You Grant to Us: To operate and provide the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, adapt, and distribute Your Content. This license is for the limited purpose of:

• Delivering the Service to you, including storing and displaying Your Content as you direct.
• Adapting your post for different social media platforms as part of the Service's core functionality.
• Publishing Your Content to connected Third-Party Platforms on your behalf and at your instruction.

This license terminates when you delete Your Content or your account.

Our Intellectual Property: The Service and all materials therein, including, without limitation, software, images, text, graphics, logos, patents, trademarks, and service marks ('Our Content'), are the exclusive property of Lukas Hübner. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms. You agree not to sell, license, rent, modify, distribute, copy, reproduce, or create derivative works from Our Content.

7. Artificial Intelligence and Data Processing

Our AI Subprocessor: To provide our content adaptation features, our Service utilizes the Google Gemini Application Programming Interface (API), a service provided by Google Cloud. In the context of data protection law (GDPR), Google acts as a 'subprocessor' for the data you provide.

Google's Data Use Commitments: Our relationship with Google is governed by their Cloud Data Processing Addendum (DPA), a legally binding document that protects your data. Based on the commitments in the DPA:

• Google is obligated to process Your Content only to provide the AI service to us and not for any other purpose.
• Google will not use Your Content to train or improve its general-purpose AI models.
• Google will not use Your Content for advertising.

We have chosen Google as our AI provider specifically because of these strong data privacy commitments. You can review the full Google Cloud Data Processing Addendum here: https://cloud.google.com/terms/data-processing-addendum.

Your Responsibility for AI-Generated Content: The Service uses AI to generate suggestions for your content. You acknowledge that AI-generated output may contain errors, inaccuracies, or may not be suitable for your intended audience. You are solely responsible for reviewing, editing, and approving all content before it is published. We disclaim all liability for any damages or losses arising from your use of AI-generated content.

Our Data Practices: As stated in our Intellectual Property section, we do not use Your Content to train our own proprietary AI models. We may collect aggregated and anonymized data about feature usage to improve our Service, but this data will not contain your personal or confidential information.

8. Fees and Payment

Current Status: The Service is currently provided to you free of charge.

Future Changes: We reserve the right to introduce fees for the use of the Service, or for certain features of the Service, at any time in the future.

Should we decide to implement fees that affect your use of the Service, we will provide you with at least 30 days' advance notice via the email address associated with your account. This notice will detail the upcoming changes, the new fees, and the effective date.

At that time, you will have the option to either agree to the new pricing and continue using the Service, or to decline the changes and terminate your account before the new fees take effect. Continued use of the Service after the fee change becomes effective will constitute your agreement to pay the new charges.

9. Termination, Suspension, and Data Retention

Termination by Us: We reserve the right to suspend or terminate your account immediately, without notice, if you violate these Terms or if we reasonably believe that continued provision of the Service to you would violate applicable law or harm us or other users.

Termination by You: You may terminate your account at any time by using the account deletion function in your account settings or by contacting us.

Effect of Termination: Upon termination or suspension:

• Immediate Effects: Your right to use the Service will cease immediately, and you will lose access to your account and stored content
• Data Retention: We may retain your data for up to 30 days after termination to allow for account recovery, after which it will be permanently deleted from our active systems
• Third-Party Connections: All connected Third-Party Platform authorizations will be revoked
• Backup Data: Some data may persist in our backup systems for up to 90 days for technical reasons, but will not be accessible or used

10. Disclaimers and Limitation of Liability

Disclaimers: The Service is provided on an 'as is' and 'as available' basis. We do not warrant that the Service will be uninterrupted, error-free, or secure. We reserve the right to modify, suspend, or discontinue the Service at any time, with or without notice, for any reason, including for maintenance or upgrades. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service. You acknowledge that the Service's functionality may be affected by factors outside our control, such as the availability of Third-Party Platform APIs.

Limitation of Liability: To the fullest extent permitted by German law, Lukas Hübner shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising from your use of or inability to use the Service. In no event shall our aggregate liability for all claims relating to the Service exceed the greater of fifty euros (€50) or the amount you have paid us in the 12 months preceding the claim.

Exceptions under German Law: The foregoing limitations of liability shall not apply to damages arising from willful misconduct (Vorsatz), gross negligence (grobe Fahrlässigkeit), or injury to life, body, or health.

11. Indemnification

You agree to defend, indemnify, and hold harmless Lukas Hübner and his affiliates, agents, and employees from and against any and all third-party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from:

• (a) Your use of and access to the Service, including any data or content transmitted or received by you;
• (b) Your violation of any term of these Terms;
• (c) Your violation of any third-party right, including without limitation any right of privacy or intellectual property rights;
• (d) Your violation of any applicable law, rule, or regulation;
• (e) Any content that is submitted via your account, including without limitation misleading, false, or inaccurate information.

In the event of such a claim, we will provide you with notice of the claim, suit, or action. You agree to cooperate with us in the defense of any such claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

12. Privacy

Your privacy is important to us. Our collection and use of your personal information are described in our Privacy Policy, which can be found at https://social-media-manager.info/privacy. By using the Service, you agree to the terms of the Privacy Policy.

13. Governing Law and Dispute Resolution

Governing Law: These Terms and any disputes arising out of or in connection with them shall be governed by the laws of the Federal Republic of Germany, excluding its conflict of law provisions.

Jurisdiction for Business Clients: For all disputes arising from this contractual relationship, the exclusive place of jurisdiction shall be Siegen, Germany, provided the user is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law.

Jurisdiction for Consumers: If you are a consumer residing within the European Union, you may bring a claim to enforce your consumer protection rights in connection with these Terms in either Germany or in the EU member state in which you reside. Mandatory statutory consumer protection regulations of your country of residence remain unaffected.

EU Online Dispute Resolution (ODR): The European Commission provides an online platform for dispute resolution, which you can access here: https://ec.europa.eu/consumers/odr. We are not obligated to participate in dispute settlement proceedings before a consumer arbitration board and are generally not willing to do so.

Informal Dispute Resolution: Before filing a formal claim, you agree to try to resolve the dispute with us informally by contacting us at support@social-media-manager.info. We will try to resolve the dispute informally via email. If a dispute is not resolved within 30 days of submission, you or we may bring a formal proceeding.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make changes, we will post the revised Terms on our website and update the "Last Updated" date at the top of this document.

For any material changes to these Terms, we will provide you with reasonable advance notice, for example by sending an email to the address associated with your account or by displaying a prominent notice within the Service. The notice will highlight the changes and specify the date on which they will become effective.

Your continued use of the Service after the effective date of the changes will constitute your acceptance of the revised Terms. If you do not agree to the new Terms, your sole remedy is to stop using the Service and terminate your account before the changes take effect.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, such provision will be deemed modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the provision will be deemed severed from these Terms. In either case, the remaining provisions of these Terms will remain in full force and effect.

16. Miscellaneous

Entire Agreement: These Terms and any policies or operating rules posted by us on the Service constitute the entire agreement and understanding between you and us.

Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign any or all of our rights and obligations to others at any time.

No Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

Severability: If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Feedback:If you provide us with any ideas, suggestions, bug reports, or other feedback regarding the Service, you grant us the right to use this feedback for any purpose, including for the improvement of the Service, without any restriction or compensation to you.

17. Electronic Communications, Transactions, and Signatures

Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Service.

18. Contact Information

For any legal notices or questions about these Terms of Service, please contact us at:

Lukas Hübner
In der Seite 15
57250 Netphen
Germany
Email: support@social-media-manager.info