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Terms and Conditions

General Terms and Conditions of Sario Marketing GmbH, An den Grachten 29, 55120 Mainz, Germany

1. Object

  1. These General Terms and Conditions (GTC) apply to any use of the services offered by Sario Marketing GmbH, An den Grachten 29, 55120 Mainz, Germany, hereinafter referred to as the „Provider“ or „we„. They govern the use of our services via the Nodestack.ai website by all users, hereinafter referred to as „users“ or „you„.

  2. The offer is aimed at all users, regardless of whether they are consumers or entrepreneurs.

  3. The current version of these Terms of Use, which can be accessed during registration, shall apply.
  4. The provider offers users the option of taking out a paid subscription to use software that allows users to purchase credits, which they can then redeem to create keyword-based, AI-generated texts. Users can also book additional fee-based services.

2. Registration and conclusion of contract

  1. In order to take out a subscription to use the services or to book other services, users must first register via the provider’s website. For this purpose, users must provide an e-mail address, confirm that they have read the GTC and the data protection provisions and confirm the link sent to the e-mail address provided.
  2. After successful registration, users select a suitable subscription or a desired service from the options available on the provider’s website. Payment is made by redirecting to the page of an external service provider. When an order is sent via an external payment provider, a legally binding order is placed. Any existing right of the user to cancel the order remains unaffected by this. It is possible to change the order before it is sent via the navigation bar.
  3. The customer will receive immediate confirmation of receipt of the order by e-mail. This effectively concludes a contract. Together with the order confirmation or in a separate e-mail, the customer, who is a consumer, will be sent the text of the contract consisting of the order, GTC and order confirmation on a durable medium.
  4. Only the respective registered user is authorised to use the website. Access data must be kept secret and must not be made accessible to unauthorised third parties. If unauthorised third parties have gained knowledge of access data, the provider must be informed immediately. Users are liable for any use made under their access data in accordance with the statutory provisions.
  5. When registering to use our services, users are obliged to provide any personal information truthfully and to comply with the applicable laws.

3. Rights and obligations of users

  1. Users can have content created as part of the subscription by entering words or parts of text. When entering texts or images, the copyright, trademark and patent rights of third parties must be observed. Protected works may not be used or entered without the consent of the rights holder. In addition, the user must comply with data protection regulations and, if necessary, provide information about the processing of personal data and obtain the necessary consent to protect the rights of third parties and not infringe the rights of third parties. In the event of uncertainty about existing copyrights, users must check these. The copying of entire texts or parts of texts of copyrighted works is not permitted. The provider transfers all rights to the created text to the user to the extent permitted by law. Users may therefore use created texts for any authorised purpose, including commercial use. In doing so, users must comply with applicable law, third-party rights and these GTC.
  2. If personal data is processed when using the services, users must provide data protection notices and obtain the necessary consent.

4. Scope, term and cancellation of the subscription

  1. Depending on the type of subscription selected, the user receives monthly credits that they can use to create keyword-based, AI-generated texts using the provider’s service. The number of credits required per text is based on the scope of the text and other services.
  2. The text created can usually be viewed and edited after a few minutes via the account set up and can be used freely in compliance with the rights of third parties (in particular personal rights, copyright, trademark and patent rights).
  3. Unused credits expire at the end of each month, unless otherwise agreed.

  4. Subscriptions are entered into for the agreed term and are extended by a further month in each case unless they are cancelled before the end of the respective term, preferably via the cancellation button under https://app.nodestack.ai/en-US/subscription/.

  5. The right to extraordinary cancellation for good cause remains unaffected for both parties.

5. Booking of other services

  1. Users have the option of booking other services offered on the provider’s website. The details can be found in the respective offer.

6. Due date and payment

  1. Payment for the subscription or the booked service is due immediately upon conclusion of the contract. It can be made using the means of payment offered by the provider.
  2. For an ongoing subscription, payment must be made in advance for each additional month of use. The provider is authorised to block the user account until full payment has been made without the user being able to assert claims for damages.
  3. The entitlement to payment shall also not lapse because the user does not use the service provided or does not use it in full.
  4. If the due date for payment is determined by the calendar, users are already in default by missing the deadline. In this case, users who are consumers shall pay interest on arrears for the year at a rate of 5 percentage points above the base rate; for entrepreneurs, the interest rate of 9 percentage points above the base rate shall apply. The obligation to pay default interest does not exclude the assertion of further damages caused by default by the provider.

7. Prohibited acts

  1. When using the services, users shall observe applicable law, the rights of third parties and the principles of the protection of minors. The following actions are prohibited:
    • the creation or posting, distribution, offering and advertising of pornographic content, services and/or products that violate youth protection laws, data protection laws and/or other laws and/or fraudulent content, services and/or products in the Editor;
    • the creation or posting of content that insults or defames third parties;
    • the use, provision and distribution of content, services and/or products that are legally protected or encumbered with third-party rights (e.g. copyrights) without being expressly authorised to do so;
    • the use of copyrighted works without the required labelling and authorisation;
    • the transmission of above-average data volumes and, in particular, the continuous transmission of such data volumes;
    • the sending of junk or spam mails and chain letters as well as the distribution of viruses, Trojans and other harmful files
    • the dissemination of lewd, offensive, sexually explicit, obscene or defamatory content or content that is likely to promote or support racism, fanaticism, hatred, physical violence or unlawful acts (in each case explicitly or implicitly);
    • requesting other users or third parties to disclose passwords or personal data for commercial or illegal or unlawful purposes.
  2. Likewise prohibited is any action that is likely to impair the smooth operation of the provider’s services or place a disproportionately high burden on them.

8. Accessibility, maintenance, cancellation of the service

  1. Fault-free and uninterrupted use, constant availability or a specific transmission speed of the service offered is not owed. There is no entitlement to functional access, specific local coverage or the use of specific services.
  2. In the event of necessary technical repair and maintenance work, the provider reserves the right to change, restrict or discontinue the possibility of using the services without prior notice.
  3. The provider is also free to change, update or further develop the service, to restrict or discontinue access for users without giving reasons.
  4. If the service is not available due to maintenance work or revisions or due to a fault for which the provider is not responsible, the provider shall inform the customer of this on its website, if possible, without being obliged to do so.

9. Blocking of accesses

  1. The provider is authorised to temporarily or permanently block access to its service at any time if there are concrete indications that users are violating these terms of use or applicable law, in particular the rights of third parties, or if the provider has another legitimate interest in blocking access.
  2. Blocked users may not re-register with their own name or under another name. The same applies to the use of other or multiple e-mail addresses.

10. Limitation of liability

  1. The provider is not liable for infringements of third party rights that the user commits by violating the personal rights of third parties or by using copyright, trademark, patent or other protected works of a third party without their permission in the context of text creation. When entering texts or images, the copyright, trademark and patent rights of third parties must be observed. Protected works may not be used or entered without the consent of the rights holder. In addition, the user must comply with the data protection regulations and, if necessary, provide information about the processing of personal data and obtain the necessary consent.
  2. The Provider shall be liable to the User without limitation for all damages caused by the Provider in the event of intent or gross negligence. In the event of slight negligence, the provider shall be liable to the user without limitation in the event of injury to life, limb or health.
  3. Otherwise, the Provider shall only be liable to the User if the Provider has breached a material contractual obligation arising from this user relationship. Essential contractual obligations are abstractly defined as those obligations whose fulfilment is essential for the proper execution of the contract of use and on whose compliance the user may regularly rely. In these cases, liability is limited to compensation for foreseeable, typically occurring damages.
  4. Liability under the Product Liability Act remains unaffected.
  5. Insofar as the provider’s liability is excluded or limited in accordance with the aforementioned provisions, this shall also apply to the provider’s bodies, employees and vicarious agents.
  6. The user is liable to third parties from his own liability if he violates their rights, in particular because he has had the AI-generated text created by means of the provider’s offer created and / or published in violation of the rights of third parties and thereby violates the rights of third parties.

11. Exemption from liability

  1. Users are responsible for all actions they take in connection with the creation of texts using the provider’s service. In particular, they must ensure that they do not infringe the rights of third parties when creating words or texts and that they observe the legal requirements and rights of third parties when using protected works. The provider does not check existing third-party rights. Users must also observe the data protection regulations. The provider does not check the texts created by the user for legal conformity.
  2. Users shall therefore indemnify the Provider on first demand against all claims asserted by third parties against the Provider for infringement of their rights (in particular personal rights, copyrights and trademark rights) when using the Provider’s services. This also applies to claims by third parties due to a breach by the user of statutory provisions or contractual obligations. Users shall bear the costs, including the costs of the necessary legal defence (lawyer’s fees and court costs at the statutory rate).
  3. In the event that claims are asserted, users are obliged to cooperate immediately and fully in clarifying the facts of the case and to make the necessary information available to providers in a suitable manner.

12. Data protection

  1. The user expressly consents to the electronic processing of his personal data within the framework of the following regulations. User data will be treated with absolute confidentiality. The data provided by the user will be used exclusively for the professional execution of the service. The data will only be passed on to third parties for the fulfilment of the contract or with prior consent.
  2. If necessary, the parties shall conclude an agreement on order processing.

  3. The separate data protection provisions on our homepage under the following link apply: https://nodestack.ai/data-privacy/.

13. Right of cancellation

  1. If the customer is a consumer, we refer to the separate cancellation policy at https://nodestack.ai/cancellation-policy/ with regards to the right of cancellation

  2. If the customer is a company, the right of cancellation is excluded.

14. European dispute resolution for consumers

  1. We draw your attention to the online dispute resolution for consumers pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. Here you can enter into an out-of-court settlement of consumer disputes arising from online contracts.

  2. We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.

15. Amendment of the GTC

  1. The provider reserves the right to amend less important provisions of these GTC at any time and without stating reasons, provided that this amendment does not lead to a reorganisation of the contractual structure as a whole.
  2. The amended provisions shall be sent to the user by email at least 15 days before they come into force. If the user does not object to the validity of the amended GTC in text form within these 15 days after receipt of the e-mail, the amended terms and conditions shall be deemed accepted.

16. Final provisions

  1. The law of the Federal Republic of Germany shall apply to contracts between the provider and the user, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the user as a consumer has his habitual residence, remain unaffected.
  2. If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the provider and the user is the registered office of the user.
  3. Should parts of this agreement be or become invalid, the remaining parts of this agreement shall remain unaffected. The invalid clause shall be replaced by a valid clause that comes as close as possible to the economic purpose of the invalid part.