General Terms and Conditions

(1) These General Terms and Conditions (the „Terms“) apply to all contracts for the use of the software-as-a-service platform AlwaysRight (the „Platform“) between

(the „Provider“) and the respective user (the „Customer“). Further details about the Provider are set out in the legal notice.

(2) These Terms apply equally to consumers (Section 13 German Civil Code, BGB) and entrepreneurs (Section 14 BGB). Where a provision applies only to one of these groups, this is indicated in the relevant place.

(3) Deviating, conflicting or supplementary terms and conditions of the Customer do not become part of the contract unless the Provider expressly agrees to their validity in text form.

(4) The version of these Terms in force at the time of contract formation applies.

(1) AlwaysRight is a cloud-based platform bundling various AI agents for content marketing. Depending on the plan booked, the functional scope includes in particular website analysis, building a knowledge base, topic and keyword research, creation of text and image content, fact checking, SEO and GEO evaluations, and publishing via connected systems.

(2) The specific scope of services follows from the service description valid at the time of contract formation at alwaysright.ai/en/preise and from the other product pages. Not every plan includes every agent or integration.

(3) The Platform relies on language and image models (LLMs) as well as other third-party services. The Provider is entitled to add, replace or remove individual models, model versions or third-party services at any time, in particular where a third-party provider discontinues a model, changes its terms, or an equivalent or better model becomes available. There is no entitlement to the use of a specific model unless expressly agreed as part of the contract.

(4) The Provider owes the provision of the Platform; it does not owe the creation of a specific work and does not owe any particular commercial outcome. In particular, the Provider does not owe specific search engine rankings, visibility in AI systems (GEO), reach or revenue results. These depend on factors beyond the Provider’s control.

(5) Features marked as „beta“, „preview“ or „experimental“ are provided as-is and without warranty. The Provider may change or discontinue such features at any time without prior notice.

(6) The Provider may further develop the Platform. The Provider will notify the Customer in text form at least six weeks before changes take effect that would not insignificantly restrict the contractually owed scope of services; in that case the Customer may terminate the contract extraordinarily effective as of the date the change takes effect.

(1) Use of the Platform requires registration of a user account. The Customer must provide the information requested during registration completely and truthfully and keep it up to date.

(2) The presentation of plans on the website does not constitute a binding offer but an invitation to submit an offer. By submitting the registration or order process, the Customer submits a binding offer to conclude a usage contract.

(3) The contract is formed once the Provider activates access or confirms the contract by email. An automated acknowledgement of receipt does not constitute acceptance unless it expressly declares acceptance.

(4) The Customer must keep access credentials confidential and protect them from third-party access. A user account is generally assigned to one natural person and is not transferable. If unauthorised use is suspected, the Provider must be informed without undue delay.

(5) For enterprise plans and individually agreed services, the contract may instead be formed by a separate offer from the Provider and its acceptance by the Customer. Individual agreements take precedence over these Terms.

(1) The prices displayed at alwaysright.ai/en/preise at the time of contract formation apply, or the prices stated in an individual offer.

(2) The Provider currently makes use of the small business regulation under Section 19 of the German VAT Act (UStG) and therefore does not show VAT. If the requirements of this regulation cease to apply, prices are understood as exclusive of statutory VAT towards entrepreneurs and inclusive of statutory VAT towards consumers.

(3) Fees are due in advance at the beginning of the respective billing period, monthly or annually depending on the payment method chosen. Where annual payment is chosen, the discount displayed applies.

(4) Billing takes place via the payment methods offered on the Platform. The Provider uses payment service providers for this purpose; their terms apply additionally in the relationship between Customer and payment service provider. Invoices are provided electronically; the Customer consents to electronic invoicing.

(5) A free plan or free trial period does not establish any entitlement to permanent free use. The Provider may change the scope and conditions of free offerings with effect for the future or discontinue them with four weeks’ notice.

(6) If the Customer defaults on payment, the Provider is entitled — after prior notice and the unsuccessful expiry of a reasonable grace period — to suspend access to the Platform until the outstanding amount is settled. The payment obligation for the current billing period remains unaffected. Statutory default claims are reserved.

(7) The Provider may adjust prices for future billing periods. A price adjustment will be communicated to the Customer in text form at least six weeks before it takes effect. The Customer may terminate the contract effective as of the date the adjustment takes effect; if the Customer does not terminate, the adjustment is deemed accepted. The notice will separately point out this right.

(8) The Customer may only set off claims or exercise rights of retention where its counterclaim has been established with legal effect, is undisputed or has been acknowledged by the Provider. This restriction does not apply to consumers where statutory rights provide otherwise.

(1) Plans are designed for normal use typical of the respective use case. To ensure the stability and availability of the Platform for all customers, the Provider is entitled to take technical measures in the event of a significant excess over normal use, in particular limiting requests (rate limits), delaying processing, or routing requests to more resource-efficient models. The Provider will inform the Customer about material measures.

(2) The Customer is prohibited in particular from:

• using the Platform for unlawful purposes, or generating or distributing content that violates applicable law, third-party rights or public decency;
• sharing access credentials, making access available to several persons, or reselling, renting out or offering the services as its own service without a separate agreement (reselling, white-labelling);
• performing automated bulk queries, scraping or systematic extraction of the Platform outside the interfaces provided for that purpose;
• circumventing or disabling technical protection, security or usage restrictions;
• using the Platform to generate misleading, deceptive or defamatory content, to create bulk spam, or to systematically generate content without discernible value;
• disrupting or endangering the operation of the Platform or the third-party services used.

(3) In the event of a breach of paragraph 2, the Provider may remove the affected content, temporarily suspend individual functions or access, and terminate the contract extraordinarily in the event of serious or repeated breaches. The Provider will hear the Customer before a suspension where this is possible and reasonable in the circumstances and no overriding interests conflict with it. Further claims of the Provider remain unaffected.

(1) The contract is concluded for an indefinite period. The minimum term depends on the payment method chosen and is one month for monthly and twelve months for annual payment. The contract renews automatically for the term chosen unless terminated in good time.

(2) Either party may terminate the contract ordinarily at any time with effect from the end of the current contract period. Termination may be declared in the user account or in text form to hello@alwaysright.de. For consumers, a termination option pursuant to Section 312k BGB is additionally available in the user account.

(3) The right to extraordinary termination for good cause remains unaffected for both parties. Good cause for the Provider exists in particular in the event of a serious or repeated breach of Section 6 of these Terms or a payment default of more than 30 days despite a reminder.

(4) Fees already paid for the current billing period will not be refunded pro rata upon ordinary termination; the services remain usable until the end of the paid period. Statutory claims of the Customer, in particular in the event of extraordinary termination for which the Provider is responsible, remain unaffected.

(5) After the contract ends, content and data stored in the user account will be deleted. The Provider makes a period of 30 days from the end of the contract available for exporting content, unless statutory retention obligations or a prior extraordinary termination for misuse conflict with this. The Customer is responsible for exporting its data in good time.

(1) The Provider aims for the highest possible availability of the Platform but does not owe any specific availability rate unless a service level agreement has been expressly agreed in text form.

(2) Excluded from availability are periods of scheduled maintenance, which the Provider will where possible schedule in low-usage periods and announce in good time, as well as outages caused by disruptions at third-party providers (in particular hosting, model and payment service providers), by force majeure, or by circumstances outside the Provider’s sphere of control.

(3) Support is provided by email to hello@alwaysright.de. The Provider endeavours to respond within two business days; no response or resolution time is guaranteed unless expressly agreed otherwise. Product consulting or support by phone is not part of the contract.

(1) The Customer is responsible for the content, data, domains and access it brings into or connects with the Platform. The Customer warrants that it holds the necessary rights and authorisations, in particular the rights to uploaded texts, images, trademarks and other protected content, as well as the authority to have the connected systems analysed and populated.

(2) If the Customer connects external systems (e.g. WordPress, GitHub, newsletter services), it grants the Provider the technical permissions required for this. The Customer ensures that it is authorised to grant these permissions and bears sole responsibility for its own systems, their operation and their backup. The Provider recommends creating a backup of connected systems before activating automated publishing.

(3) If the Customer activates automated publishing, it takes place without separate individual approval. The Customer decides on activation at its own responsibility and bears responsibility for the content published as a result. The Provider recommends editorial review prior to publication.

(4) If the Customer uses the „Bring Your Own Key“ (BYOK) function, it stores its own third-party API keys. In this case: the Customer concludes the contract on model usage directly with the respective third-party provider, bears the costs incurred there itself, and must comply with that provider’s terms of use and policies. The Provider has no influence on the availability, prices, terms or data processing of the third-party provider and assumes no liability for these. The Customer is responsible for managing, restricting and revoking its keys.

(5) The Customer shall indemnify the Provider against all third-party claims asserted against the Provider due to a culpable breach of the obligations under this section or due to content introduced or published by the Customer, including reasonable legal defence costs. The Provider will inform the Customer of any such claim without undue delay and give it the opportunity to comment.

(1) The Provider processes personal data in accordance with applicable data protection law. Details on the nature, scope and purpose of processing are set out in the website privacy policy and the app and SaaS platform privacy policy, which do not form part of the contract but serve informational purposes.

(2) Where the Provider processes personal data on behalf of the Customer, the parties will enter into a data processing agreement pursuant to Art. 28 GDPR. The Provider makes a corresponding draft available on request at hello@alwaysright.de. The Customer remains the controller for the data it introduces and is in particular responsible for ensuring a legal basis exists.

(3) To provide the services, the Provider uses sub-processors and third-party services, including hosting, model and payment service providers. Processing may therefore take place outside the European Union or the European Economic Area, in particular in the United States. The Provider bases such transfers on the applicable safeguards, such as an adequacy decision or EU standard contractual clauses. The services used are named in the privacy policies.

(4) The Provider does not warrant any particular compliance or certification status unless expressly agreed in text form. The Customer is obliged to assess on its own responsibility, before using the Platform, whether it meets the Customer’s data protection and sector-specific requirements.

(5) The Customer may introduce special categories of personal data within the meaning of Art. 9 GDPR (such as health data or data on religious beliefs), as well as data subject to professional or official secrecy, into the Platform only after a separate prior agreement in text form.

(6) The Customer can delete content and histories stored in its user account itself using the functions provided. Statutory retention obligations remain unaffected.

(1) The Customer retains all rights to the content it introduces. It grants the Provider the non-exclusive, non-transferable right, limited to the term of the contract, to store, reproduce, process and transmit such content to the third-party services used, to the extent necessary to provide the contractual services.

(2) The Provider grants the Customer all transferable rights to the results generated with the Platform for unrestricted use, unlimited in time and territory, including commercial use, to the extent that the Provider holds such rights, their transfer is legally possible and this does not conflict with the terms of the third-party providers used.

(3) The Customer acknowledges that, under current law, AI-generated results are not readily protected by copyright and that identical or similar results may also be output to other users. The Provider therefore does not warrant exclusivity or that results are free from third-party rights.

(4) All rights to the Platform itself, in particular to software, interfaces, trademarks and documentation, remain with the Provider or its licensors. The Customer receives only the non-exclusive, non-transferable right, limited to the term of the contract, to use the Platform in accordance with the contract.

(1) The Provider may amend these Terms with effect for the future where this is necessary to adapt to changes in the law, supreme court rulings, technical developments or an extended scope of services, and where the Customer is not unreasonably disadvantaged as a result.

(2) Amendments will be communicated to the Customer in text form at least six weeks before they are scheduled to take effect. If the Customer does not object by the date the amendments take effect, they are deemed accepted. The notice will separately point out the significance of silence and the right to object.

(3) If the Customer objects in good time, the contract continues on the previous terms. In this case the Provider is entitled to terminate the contract ordinarily at the next possible date.

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Towards consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is the Provider’s registered office. The Provider is also entitled to bring proceedings at the Customer’s general place of jurisdiction.

(3) Amendments and supplements to the contract require text form. This also applies to any waiver of this text form requirement. Individual agreements in text form take precedence over these Terms.

(4) Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The statutory provisions replace the invalid provision.

(5) The European Commission provides a platform for online dispute resolution: ec.europa.eu/consumers/odr. The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.