Terms

Last updated: April 2026

1. Scope

These Terms and Conditions (hereinafter "Terms") govern the contractual relationship between Frömmgen und Wintjens GbR, KWL Büro 0.05, Lothringer Str. 38, 44805 Bochum, Germany (hereinafter "Provider", "we", or "capty") and the customers (hereinafter "Customer", "you") of the software-as-a-service platform capty.ai (hereinafter "Service" or "Platform").

capty is offered exclusively to entrepreneurs and businesses, meaning natural or legal persons or partnerships with legal capacity who, at the time of entering into the contract, are acting in the exercise of their commercial or self-employed professional activity. This includes in particular agencies, companies, freelancers acting in a professional capacity, and other organisations. Consumers within the meaning of § 13 of the German Civil Code (BGB) are not permitted to use the Service. By registering for and using the Service, the Customer confirms that they are acting in a commercial capacity.

By registering for or using the Service, you accept these Terms. Deviating terms and conditions of the Customer shall not apply unless the Provider expressly agrees to them in writing.

2. Service Description

capty provides an AI-powered SaaS platform to support the creation and management of social media content. Depending on the selected plan, the Service includes in particular:

  • Visual analysis of uploaded media content (images, videos) using AI
  • Automatic generation of platform-specific copy and captions
  • Management and application of brand voice profiles (from Team plan)
  • Approval workflows for internal review (from Team plan)
  • Publishing and scheduling of content to connected social media channels (subject to plan and availability)
  • Content data reporting (subject to plan)

The binding scope of features at the time of contract conclusion is set out in the service description on the website under "Pricing". The Service is in its initial launch phase at the time these Terms were last updated. Individual features may be introduced progressively. Where a contractually intended feature is not yet available at the start of the contract, the Provider will inform the Customer accordingly; that feature will not be invoiced until it is actually made available.

The Provider reserves the right to expand, adjust, or restrict the scope of features at any time, provided this is reasonable for the Customer and the essential subject matter of the contract is preserved.

3. AI-Generated Content

The texts and content generated by capty are created by AI models. capty uses one or more AI service providers to deliver and improve the functionality of the Service. Depending on the feature, use case, availability, quality, and technical requirements, capty may use different AI providers and processing infrastructures. capty does not guarantee that any specific AI provider, model, or processing location will be used for a particular request unless explicitly agreed otherwise in writing.

Important notices regarding AI-generated content:

  • AI-generated content may contain factual errors, inaccurate wording, or inappropriate expressions.
  • The Customer is responsible for reviewing and approving all generated content before publication.
  • The Provider makes no warranty as to the accuracy, completeness, timeliness, or suitability of AI-generated content.
  • The Provider is not liable for damages arising from the publication of unreviewed AI-generated content.
  • Responsibility for compliance with legal requirements (e.g., labelling obligations, copyright, trademark law) when publishing content lies with the Customer.

4. Registration and Account

  • Use of the Service requires registration with a valid email address.
  • You must provide truthful and complete information and keep it up to date.
  • You are solely responsible for the security of your account and login credentials.
  • Sharing access credentials with unauthorised third parties is not permitted. Use by authorised team members within the scope of the selected plan is permitted.
  • The Provider reserves the right to suspend or delete accounts if there is a suspicion of misuse or violation of these Terms.

5. Pricing and Payment

  • Currently applicable prices are available on the website under "Pricing".
  • All prices are net prices exclusive of applicable statutory VAT, as the Service is directed exclusively at business customers.
  • Billing occurs in advance, monthly or annually, depending on the selected billing period.
  • Payment is made by credit card or other payment methods offered via Stripe.
  • In the event of a failed payment, the Provider is entitled to restrict access to the Service after a reasonable period and prior notification.

6. Free Trial

The Provider may offer a free trial period. Where a trial is offered, the following applies:

  • The trial period ends automatically after the specified period.
  • No automatic charges arise after the trial period expires.
  • A paid plan must be actively selected by the Customer.
  • The Provider may restrict the scope of features during the trial period.

7. Term and Cancellation

7.1 Monthly Subscriptions

Monthly subscriptions automatically renew for an additional month unless cancelled before the end of the current billing period. Cancellation takes effect at the end of the current billing month.

7.2 Annual Subscriptions

Annual subscriptions automatically renew for an additional year unless cancelled with 30 days' notice before the end of the annual term. Cancellation takes effect at the end of the current annual term. No pro-rata refund of annual fees already paid will be made.

7.3 Method of Cancellation

Cancellation can be made:

  • Via account settings within the Platform
  • By email to info@capty.ai

7.4 Extraordinary Termination

The right of either party to terminate for cause remains unaffected.

7.5 Consequences of Cancellation

Upon cancellation taking effect, access to the Service will be discontinued. The Customer has the option to export their data within 30 days after cancellation. Thereafter, data will be irrevocably deleted, unless statutory retention obligations apply.

8. Usage Rights and Content

8.1 Customer Content

  • You retain all rights to your uploaded content (images, videos, text).
  • You grant the Provider a simple, non-exclusive licence, limited to the term of the contract, to process your content solely for the purpose of providing the Service.
  • The Provider does not use your content for any other purpose, and in particular not for training AI models.

8.2 AI-Generated Content

  • The Provider grants the Customer a comprehensive, temporally unlimited licence to use the texts and content generated by capty.
  • The Provider cannot guarantee that AI-generated content does not bear similarities to content of third parties. The responsibility for checking for potential legal violations lies with the Customer.

8.3 Prohibited Use

The Customer agrees not to use the Service for unlawful purposes, in particular not to:

  • Distribute unlawful, hateful, discriminatory, or violence-glorifying content
  • Infringe copyrights, trademarks, or other intellectual property rights of third parties
  • Distribute spam, malware, or misleading advertising
  • Conduct automated mass queries or scraping of the Platform

9. Availability and Maintenance

The Provider endeavours to ensure the highest possible availability of the Service but cannot guarantee uninterrupted availability. In particular, downtime may occur due to:

  • Scheduled maintenance (with advance notice where possible)
  • Disruptions at third-party providers (hosting, AI services, social media platforms)
  • Force majeure
  • Security-related emergency updates

The Provider is not liable for damages arising from temporary unavailability of the Service.

10. Limitation of Liability

10.1 General Principle

The Provider is liable without limitation for damages arising from injury to life, body, or health, as well as for intent and gross negligence.

10.2 Limitation for Slight Negligence

In cases of slight negligence, the Provider is only liable for the breach of material contractual obligations (cardinal obligations). In such cases, liability is limited to the foreseeable, contract-typical damage, but in no event exceeding the amount paid by the Customer in the preceding 12 months.

10.3 AI-Specific Limitation of Liability

The Provider is not liable for:

  • Damages arising from the use or publication of AI-generated content without prior review by the Customer
  • Lost profits or indirect damages in connection with AI-generated content
  • Damages caused by inaccurate or erroneous AI outputs
  • Legal violations caused by AI-generated content, provided the Provider had no knowledge thereof

10.4 Software Defects and Updates

The Provider is not liable for damages caused by software defects, erroneous updates, or temporary functional limitations, provided the Provider did not cause such defects intentionally or through gross negligence. The Provider will remedy identified defects in a timely manner.

11. Data Protection and Data Processing Agreement

The processing of personal data by the Provider under this contract is governed by our Privacy Policy.

Where the Customer processes personal data of third parties via the Platform and capty acts as a data processor within the meaning of Art. 28 GDPR, the parties are required to conclude a Data Processing Agreement (DPA). capty provides a standard DPA template, available at capty.ai/legal/dpa/. Conclusion of the DPA is a prerequisite for using such processing functions.

12. Changes to Terms

The Provider reserves the right to amend these Terms with reasonable advance notice. Changes will be communicated to the Customer at least 30 days before they take effect via email.

If the Customer does not object to the change within 30 days of receipt of the notification, the amended Terms are deemed accepted. The Provider will specifically draw the Customer's attention to the significance of the 30-day period and the right to object in the change notification.

In the event of an objection, both parties have the right to extraordinary termination effective as of the date the changes would take effect.

13. Governing Law and Jurisdiction

The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

As these Terms are directed exclusively at business customers, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is Bochum, Germany.

14. Final Provisions

  • Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.
  • The invalid provision shall be replaced by a valid provision that most closely achieves the economic purpose of the invalid provision.
  • No oral side agreements exist. Amendments and supplements require text form.