Terms

Last updated: October 2026

1. Scope

These Terms and Conditions (hereinafter "Terms") govern the contractual relationship between Frömmgen/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 temporarily suspend accounts where there is reasonable suspicion of misuse, and to terminate and delete accounts extraordinarily where a violation of these Terms has been established. Clause 8.4 sets out the details.

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.
  • Payments are processed by Paddle.com Market Limited (Merchant of Record), 30 Old Bailey, London EC4M 7AU, United Kingdom (company number 8172165). Paddle accepts credit card and other available payment methods. Invoices are issued by Paddle. For further details, see our Refund Policy.
  • 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:

6.1 Conversion into a paid subscription. At the end of the period stated during checkout, the trial converts automatically into a paid subscription of the selected plan. The fee for the first billing period is charged at that point to the payment method provided during checkout. The length of the trial depends on the plan selected. The length, the plan that follows and its price are shown to the Customer before the order is completed.

6.2 Reminder before expiry. Before the trial ends, the Provider notifies the Customer in text form at the email address on file that the trial is about to end and that the charge will follow.

6.3 Preventing the conversion. The Customer can prevent the conversion by cancelling the trial before it ends. Cancellation is possible at any time and without giving reasons, through the account settings or in text form to hello@capty.ai. If cancellation takes place before the trial ends, no charge arises.

6.4 Deletion after a cancelled trial. If the trial is cancelled, the account and all content stored in it are deleted immediately from our active systems when the trial period ends. For technical reasons, earlier versions of uploaded media may still be held in separate recovery storage for up to 30 days and are then deleted automatically (clause 7.6). The 30-day export window under clause 7.5 does not apply to cancelled trials. Customers are expressly advised to export their content before the trial ends.

6.5 Further provisions. The Provider may restrict the scope of features during the trial period. As a rule, only one trial is granted per Customer. The Provider may extend a trial in individual cases; the Customer has no claim to an extension. Where a trial is extended, the point of conversion under clause 6.1 moves accordingly.

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:

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. Exception: this window does not apply to a cancelled trial; there the account and its content are deleted immediately when the trial period ends (clause 6.4). Thereafter, data will be deleted, unless statutory retention obligations apply; for earlier versions of uploaded media, the period of up to 30 days described in clause 7.6 applies.

7.6 Deletion of the account by the Customer. The Customer may delete their account at any time in the account settings. On deletion, the account and all content stored in it — in particular uploaded images and videos, generated copy and post data — is deleted immediately from our active systems. The 30-day export window under clause 7.5 does not apply in this case, because the Customer waives it by deleting actively. Any content still needed should therefore be exported beforehand. Deletion also constitutes cancellation with effect from the earliest possible date; no pro-rata refund is made for the current billing period (clauses 7.1 and 7.2). Statutory retention obligations for invoices and payment records remain unaffected, as does the fact that routine backups may still contain deleted data until they are overwritten. Earlier versions of uploaded media are retained in separate storage for up to 30 days to protect against accidental deletion or overwriting; they are not used in normal operation and are deleted automatically thereafter. If a version is restored, any deletion requests that still apply are re-applied.

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 or for purposes prohibited under these Terms. In particular, uploading, generating, storing, scheduling and publishing the following content is prohibited:

a) Unlawful and harmful content

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

b) Adult and sexual content

  • pornographic or sexually explicit depictions of any kind
  • nudity and sexualised depictions serving predominantly to cause sexual arousal
  • content that is harmful to the development of minors or otherwise unsuitable for minors within the meaning of the German Youth Protection Act (JuSchG) or the Interstate Treaty on the Protection of Minors in the Media (JMStV)
  • offers of sexual services and advertising for them

This does not affect depictions of nudity in a clearly artistic, medical, scientific or journalistic context, provided they do not predominantly serve sexual purposes and do not breach the policies of the connected platforms.

c) Content prohibited without exception

Content that depicts minors in a sexualised manner is prohibited in every form and without exception. The same applies to depictions of a sexual or intimate nature distributed without the consent of the person depicted.

8.4 Consequences of Violations

The Provider does not generally monitor the Customer's content and is under no obligation to do so (Section 7(2) German Digital Services Act, DDG). However, where the Provider becomes aware of a violation of clause 8.3 — whether through its own observation, a third-party report or a notification from a connected platform — the following applies:

  • Immediate suspension. The Provider is entitled to suspend the affected account, including all associated user accounts, with immediate effect and without prior notice. Scheduled posts that have not yet been published are halted.
  • Extraordinary termination. In the case of violations of clause 8.3 letter b or c, and in the case of serious or repeated violations of letter a, the Provider is entitled to terminate the contract extraordinarily for cause. No prior warning is required in these cases (Section 314(2) sentence 3 German Civil Code), because the Provider cannot reasonably be expected to continue the contractual relationship.
  • Deletion. Upon the extraordinary termination taking effect, the account and all content stored in it are deleted. The 30-day export period under clause 7.5 does not apply in these cases.
  • No refund. No refund is given for fees already paid for the current billing period.

The Provider informs the Customer of the suspension and the termination, stating the reasons, unless statutory requirements or orders by public authorities prevent this.

Where there are indications of a criminal offence, in particular in the case of content under clause 8.3 letter c, the Provider is entitled and may be legally obliged to inform the competent authorities. By way of derogation from the deletion rule above, the Provider is in that case entitled to retain the content concerned and the associated log data as evidence for the duration of the investigation and to hand it over to the competent authorities.

Further claims of the Provider, in particular for damages and for indemnification against third-party claims, remain unaffected.

9. Connected Social Media Platforms and API Terms of Use

The Platform enables the connection of third-party platforms (in particular Meta/Facebook/Instagram, LinkedIn, and TikTok) via their official APIs. Use of these integrations is additionally subject to the terms of use, platform policies, and privacy policies of the respective platform. By connecting a platform account, the Customer confirms that they have read and agree to comply with the respective platform's terms.

The following applies mandatorily:

  • Meta (Facebook and Instagram): capty's use of the Meta Graph API is governed by the Meta Platform Terms, Meta Platform Policies, and Meta Business Tools Terms. The Customer agrees to publish only content that complies with Meta's Terms of Service and Community Standards. Use of the API to distribute content that violates Meta's Restricted Data policies or advertising policies is not permitted.
  • LinkedIn: capty's use of the LinkedIn API is governed by the LinkedIn API Terms of Use. The Customer agrees to publish only content that complies with the LinkedIn User Agreement and Community Guidelines. Automated mass publishing without individual user interaction, or publishing on behalf of other persons without their explicit consent, is not permitted.
  • TikTok: capty's use of the TikTok Content Posting API is governed by the TikTok Developer Terms of Service and the TikTok Developer Data Sharing Agreement. The Customer agrees to comply with the TikTok Community Guidelines and in particular to: (a) label AI-generated content in accordance with TikTok's requirements; (b) not publish content classified as branded content without activating the corresponding disclosure fields; (c) always respect the privacy level setting chosen by the user for each post.

The Provider cannot guarantee that API access to the named third-party platforms will remain available at all times. Platforms may restrict API access, change their API policies, or suspend developer accounts. No claims for damages against capty shall arise from such restriction or suspension, provided capty has complied with the platform's API terms.

9a. Features Marked as Beta

9a.1 The Provider may mark individual features in the application expressly as "Beta". This indicates that the feature is being trialled, has not yet reached the technical standard of the other services, and may be changed, restricted or discontinued at any time.

9a.2 The availability provision in clause 10 does not apply to features marked as Beta. There is no claim to their provision, continuation, or any particular level of availability.

9a.3 A Beta feature may be delivered through a service provider that is not used for the remaining services. Which provider that is, what data is processed in the course of it, and the status of the data protection agreement with them, is disclosed in the privacy policy and, where a data processing agreement exists, in Annex 1 to it.

9a.4 Use of a Beta feature requires the Customer to activate it actively — for example by connecting the account concerned. Without that activation the feature is not used, and the remaining services are unaffected.

9a.5 Liability for defects in Beta features is limited to intent and gross negligence, to the extent legally permissible. Clause 11 otherwise remains unaffected. For Beta features too, the Customer remains responsible for reviewing content before publication (clause 3).

9b. Technical Integration of TikTok and LinkedIn via a Service Provider

9b.1 Connecting TikTok and LinkedIn, and publishing to those two platforms, runs technically through the service bundle.social operated by BUNDLE SP. Z O.O., UL. Hoża 86/410, 00-682 Warsaw, Poland. The provider acts as a processor for capty and processes the data solely on capty's instructions. Instagram and Facebook are connected through capty's own Meta integration and not through this provider.

9b.2 Before a TikTok or LinkedIn account is connected, the Provider points out the use of this service provider at the relevant point in the application and links to these Terms. The connection is only established if the Customer actively initiates it. If the Customer connects neither of these two accounts, no data relating to them is transmitted to the service provider; the remaining services are unaffected.

9b.3 A data processing agreement under Art. 28 GDPR is in place with the service provider. Which data is processed, how long the service provider stores it and where processing takes place are disclosed in the Privacy Policy (section 11.2). The sub-processors engaged by the service provider are named individually in Annex 1a of the data processing agreement, where one is in place with the Customer.

9b.4 capty remains the Customer's contracting party for these services. Use of the service provider does not change liability under clause 11. The final paragraph of clause 9 and clause 10 apply accordingly where restrictions originate with the platforms or the service provider.

9b.5 The Provider may change the service provider or move the integration to its own interfaces. For Customers with a data processing agreement, the procedure in clause 6.2 of the DPA applies to such a change (advance notice and right to object).

10. 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.

11. Limitation of Liability

11.1 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.

11.2 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.

11.3 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

11.4 Liability Relating to Third-Party Platforms

The Provider is not liable for damages caused by a third-party platform (Meta, LinkedIn, TikTok, or others) restricting, refusing, suspending, or terminating API access, provided this was not caused by fault on the part of the Provider. In particular, no liability arises for data loss or business disruption resulting from changes to a third-party platform's API terms.

11.5 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.

12. 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.

13. 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.

14. 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.

15. 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.