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Terms & Conditions

Last updated: April 2026 · HeyAspi (svote UG haftungsbeschränkt)

Only the German original is legally binding. This English translation is provided for convenience only.

Note: These terms are a draft and do not replace legal advice. Before going live, you should have them reviewed by a lawyer specialised in IT/SaaS law — in particular the liability, availability, and AI clauses.

§ 1Scope, Contracting Parties

(1) These General Terms and Conditions (»Terms«) apply to all contracts between svote UG (haftungsbeschränkt), Ulmer Straße 34, 73728 Esslingen am Neckar (the »Provider« or »we«) and the user (the »User« or »you«) regarding the use of the software and related services provided under the »HeyAspi« brand.

(2) The service is exclusively aimed at entrepreneurs within the meaning of § 14 BGB, legal entities under public law, and special funds under public law. By concluding the contract, the User confirms that they are acting in the exercise of their commercial or independent professional activity.

(3) Deviating, conflicting, or supplementary terms of the User do not become part of the contract unless the Provider expressly agrees in writing to their validity.

§ 2Subject Matter and Services

(1) HeyAspi is a Software-as-a-Service (SaaS) solution for planning, creating, publishing, and evaluating marketing and social media content. The scope of features is set out in the respective service description on the website or in the chosen plan at the time of contract conclusion.

(2) The Provider makes the software available to the User for use via the internet. Installation on the User's devices is generally not required. The Provider does not owe consulting, training, or marketing services unless expressly agreed separately.

(3) The Provider is entitled to further develop, adjust, or modify the scope of features, provided this does not restrict the contractually owed main purpose and the change is reasonable for the User (e. g. for adaptation to technical developments, security requirements, or changes to third-party APIs).

§ 3Contract Conclusion, Registration

(1) The presentation of services on the website does not constitute a legally binding offer, but an invitation to make an offer. By registering and selecting a plan, the User submits a binding offer to conclude a usage contract. The contract is formed upon confirmation by the Provider — at the latest upon activation of access.

(2) The User is obliged to provide truthful, complete, and current information during registration and to keep this information up to date during the contract term.

(3) Login credentials must be kept confidential and protected from third-party access. The User is liable for all activities carried out under their credentials to the extent that they are at fault.

§ 4Availability, Maintenance, Downtime

(1) The Provider strives to keep the software available as much as possible. A specific availability (uptime) is expressly not guaranteed unless expressly agreed otherwise in an individual Service Level Agreement (SLA).

(2) The User expressly acknowledges that an internet-based SaaS service may experience downtime, disruptions, delays, and interruptions, in particular due to:

  • scheduled and unscheduled maintenance, update, and security work;
  • disruptions, outages, or changes at third-party providers (e. g. hosting providers, cloud providers, AI model providers, social media platforms such as Meta, Instagram, Facebook, TikTok, Google);
  • force majeure, cyber attacks, DDoS, government orders, or network disruptions outside the Provider's sphere of influence;
  • blocks, throttling, or API changes by third-party platforms that impair functionality (e. g. automatic posting).

(3) The Provider will, where possible, schedule planned maintenance during off-peak hours and notify the User in advance of significant planned impairments where reasonable.

(4) Downtime and impairments for which the Provider is not responsible give rise to no claims for reduction, damages, or reimbursement, unless mandatory statutory provisions apply.

§ 5AI-Generated Content

(1) HeyAspi uses artificial intelligence (»AI«) techniques to create texts, images, and other media, sometimes using third-party models. AI-generated content is based on statistical models and may be incorrect, incomplete, misleading, infringing, or inappropriate.

(2) The Provider gives no warranty for:

  • the accuracy, completeness, currency, or suitability of AI-generated content for a particular purpose;
  • the legal admissibility of the content (in particular with regard to copyright, trademark, personality rights, competition law, advertising law, healthcare advertising law, food law, or other special legislation);
  • non-discrimination, neutrality, or political balance of the content;
  • compliance of generated content with the policies of individual platforms (e. g. Meta, Instagram, Facebook, TikTok, Google).

(3) The User is obliged to independently review all AI-generated content for factual accuracy, legal admissibility, and suitability before publication. Publication takes place exclusively at the User's responsibility and risk.

(4) The User is solely responsible for the content they create, store, publish, or transmit to third parties using HeyAspi. Where required by law, the User is obliged to label AI-generated content as such (e. g. under the EU AI Regulation).

(5) The Provider makes no claim to copyright protection over AI-generated content, to the extent that such protection can arise at all. No transfer or guarantee of exclusive rights of use to AI-generated content is granted; in particular, the Provider cannot rule out that identical or similar content may also be shown to other users.

§ 6User Obligations and Responsibilities

(1) The User is solely responsible for:

  • all content (texts, images, videos, audio, data) they enter into, upload to, or publish through the system;
  • compliance with all applicable laws, in particular competition, copyright, trademark, personality, data protection, youth protection, and advertising law;
  • compliance with the terms of use and policies of all connected third-party platforms (e. g. Meta, Instagram, Facebook, TikTok, Google, WhatsApp Business);
  • obtaining all required consents and rights (in particular image and audio rights, personality rights of depicted persons, licences for materials used);
  • fulfilment of all data protection obligations as the controller under the GDPR towards end customers, employees, and other data subjects;
  • backing up their own data and content; independent data backup by the User is recommended;
  • proper configuration, selection, and use of the features, including the selection, review, and approval of posts before publication;
  • monitoring reactions, comments, and messages on the connected platforms and complying with legal obligations (e. g. responding to customer enquiries).

(2) The User ensures that they hold all necessary rights to the content they provide and that no third-party rights are infringed by the use of the software.

(3) The User shall in particular refrain from:

  • publishing illegal, offensive, discriminatory, content harmful to minors, or content infringing the rights of third parties;
  • sending unsolicited advertising (spam) or mass messages in violation of § 7 UWG or the GDPR;
  • circumventing technical protection or security measures;
  • using the software for purposes that violate applicable law or the policies of the connected platforms.

(4) In the event of breaches of the above obligations, the Provider is entitled to block content, restrict access, or terminate the contract extraordinarily for cause. Any claims for damages remain unaffected.

§ 7Third-Party Providers and External Platforms

(1) The software integrates APIs and services of third parties, in particular from social media platforms, cloud providers, AI providers, and payment service providers. The availability, scope of features, and terms of use of these services are outside the Provider's sphere of influence.

(2) Changes, restrictions, blocks, or discontinuations of third-party services — particularly by the respective platform — may result in individual HeyAspi features being unavailable or only available with restrictions. This gives rise to no claims of the User against the Provider, to the extent that the Provider is not responsible for this.

(3) The Provider assumes no liability for blocks, reach restrictions, or account losses on third-party platforms caused by the User's behaviour, their content, or changes to platform policies.

§ 8Fees, Payment Terms

(1) Fees are based on the plan selected at the time of contract conclusion. All prices are, unless stated otherwise, in euros plus the statutory VAT.

(2) Fees are due in advance for each billing period. Payment is made via the payment methods offered during the ordering process.

(3) In the event of default in payment, the Provider is entitled to block access after a prior reminder. The claim for payment remains unaffected. Default interest is charged at the statutory rate.

(4) The User may only set off claims that are undisputed or have been established by final judgment. The User has a right of retention only for counterclaims arising from this contractual relationship.

(5) The Provider is entitled to adjust prices with at least six weeks' prior notice, taking effect at the start of a new billing period. If the User does not object to the price adjustment within four weeks of notification, the adjustment is deemed accepted. The notification will separately point out the right to object and the right of special termination.

§ 9Term, Termination

(1) The contract term is set out in the chosen plan. If no fixed term is agreed, the contract runs for an indefinite period and may be terminated by either party with 14 days' notice to the end of a billing period.

(2) Fixed-term contracts automatically renew for another billing period unless terminated with 14 days' notice before expiry.

(3) The right to extraordinary termination for cause remains unaffected. Cause exists for the Provider in particular in the event of: serious breaches by the User of these Terms, payment default of more than two months, abusive use of the software, or unlawful content.

(4) Terminations must be in text form (e. g. by email to mail@heyaspi.de) or — where offered — via the account settings.

(5) The User's right of use ends with termination of the contract. The Provider is entitled to permanently delete the User's stored data 30 days after the end of the contract, unless statutory retention obligations apply. The User is obliged to export any required data before the end of the contract.

§ 10Liability

(1) The Provider has unlimited liability for damages arising from injury to life, body, or health caused by negligent or intentional breach of duty by the Provider, its legal representatives, or vicarious agents, as well as for damages covered by liability under the German Product Liability Act.

(2) The Provider further has unlimited liability for other damages based on intentional or grossly negligent breach of duty by the Provider, its legal representatives, or vicarious agents, and for damages assumed under a guarantee.

(3) In the case of a slightly negligent breach of essential contractual obligations (cardinal obligations), the Provider's liability is limited to the foreseeable, contract-typical damage at the time of contract conclusion. Essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the User regularly relies. Otherwise, liability for slightly negligent breaches of duty is excluded.

(4) Where the Provider's liability is limited under paragraph 3, it is also limited in amount to the fees paid by the User for the affected service in the twelve months before the damage occurred.

(5) Liability of the Provider is in particular excluded for:

  • damages arising from the use of AI-generated content, including warning letters, fines, third-party claims for damages, or reputational damage;
  • damages resulting from downtime, disruptions, or impairments for which the Provider is not responsible (see § 4);
  • damages caused by the behaviour of third parties (in particular platform operators, AI providers, hosting services);
  • lost profits, missed savings, indirect damages, consequential damages, and pure financial losses, unless paragraphs 1 or 2 apply;
  • data loss, to the extent that the damage would also have occurred with proper, regular data backup by the User;
  • damages resulting from improper use, configuration, or input by the User.

(6) The foregoing limitations of liability also apply for the benefit of the Provider's legal representatives, employees, and vicarious agents.

§ 11Indemnification

(1) The User shall indemnify the Provider against all third-party claims arising from infringements of their rights through content posted, generated, or published by the User, or through any other use of the software by the User. This includes in particular claims for infringement of copyright, trademark, personality, competition, or data protection rights.

(2) The indemnification also includes the reasonable costs of any necessary legal defence (in particular lawyer's and court fees at statutory rates).

(3) The Provider will inform the User without delay of any claim and — where legally possible — give them the opportunity to defend the claim.

§ 12Data Protection, Data Processing Agreement

(1) The processing of personal data is carried out in accordance with the applicable Privacy Policy.

(2) If the Provider processes personal data on behalf of the User (data processing within the meaning of Art. 28 GDPR), the parties shall conclude a separate Data Processing Agreement (DPA). The User is obliged to conclude such an agreement before productive use, where data processing on their behalf takes place.

(3) The User is the controller within the meaning of data protection law for the personal data they introduce into the system and ensures the lawfulness of such data.

§ 13Changes to These Terms

(1) The Provider is entitled to amend these Terms with effect for the future, where this becomes necessary for compelling reasons — in particular due to changes in the legal situation, supreme court rulings, technical changes, or expansions of the service offering — and does not unreasonably disadvantage the User.

(2) The amended Terms will be communicated to the User in text form at least six weeks before they enter into force. If the User does not object to the change within four weeks of receipt of the notification in text form, the amended Terms are deemed accepted. The notification will separately point out the meaning of silence.

(3) In the event of an objection, the Provider is entitled to ordinarily terminate the contractual relationship as of the date the amended Terms enter into force.

§ 14Final Provisions

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

(2) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is — to the extent permitted by law — Stuttgart. The Provider is also entitled to sue the User at their general place of jurisdiction.

(3) Should individual provisions of these Terms be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory regulation.

(4) Side agreements, amendments, and additions to this contract require text form. This also applies to the waiver of this text-form requirement.

Version: April 2026