§ 1 Provider and scope
(1) These General Terms and Conditions (Terms) apply to all contracts for the use of the EVOAR Social software (hereinafter "EVOAR Social" or the "Software") between
Marvin Mischler, Mischler Webdesign, Am Steingarten 8, 68169 Mannheim, Germany, email: hello@evoar.de (hereinafter the "Provider")
and the customer (hereinafter the "Customer").
(2) The offer is directed exclusively at businesses within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. A business is any natural person, legal entity or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract; this also includes freelancers and self-employed persons. By placing an order, the Customer confirms that they are acting as a business. The Provider does not conclude contracts with consumers within the meaning of Section 13 BGB.
(3) Different, conflicting or supplementary terms of the Customer do not become part of the contract unless the Provider expressly agrees to their application in text form. This also applies if the Provider performs its services while aware of such terms.
(4) In addition to these Terms, the contract includes the service and price description of the selected plan shown at the time of ordering (www.evoar-social.app/preise) and the data processing agreement under § 12.
§ 2 Conclusion of contract and account
(1) The presentation of the plans on the website is not a binding offer but an invitation to place an order.
(2) The Customer selects a plan, the billing interval (monthly or annual) and, where applicable, additional seats, and enters their billing and payment details with the payment service provider Stripe during the ordering process. By clicking the button to complete the order, the Customer submits a binding offer. The contract is concluded when the Provider accepts the offer, at the latest when registration is activated or the registration link is sent by email.
(3) The Customer then creates their account. The information provided during ordering and registration must be truthful and complete; the Customer must notify the Provider of any changes without delay, either in the Software or by email.
(4) The Customer is obliged to keep their own access credentials and those of their users confidential and to protect them from access by third parties. If there is a suspicion that unauthorized persons have obtained knowledge of them, the Customer must change the password without delay and inform the Provider. The Customer is responsible for the actions of their users as for their own.
(5) The Provider does not store the contract text separately. The Customer can access and save these Terms on the website; invoices are available for download in the Software.
§ 3 Free trial period
(1) Each plan can be tested free of charge once for 7 days. The trial period begins when the contract is concluded.
(2) During the trial period, the features of the selected plan are available with the trial quotas shown in the Software. The Provider may limit the scope of AI use during the trial period.
(3) If the Customer does not cancel by the end of the trial period, the contract automatically converts into the selected paid plan and the first payment becomes due. Cancellation is possible at any time until the trial period expires, in the Software under Settings → Abo & Plätze or by email to hello@evoar.de. If the Customer cancels within the trial period, no costs are incurred.
(4) The Customer can end the trial period early; the paid plan then starts immediately.
§ 4 Provider's services
(1) The Provider makes the EVOAR Social software available to the Customer for use over the internet as software as a service. EVOAR Social supports the Customer in planning, creating, coordinating, publishing and analyzing content for social networks. The specific scope of functions is set out in the service description of the selected plan.
(2) The Provider makes the Software available with an availability of 98% on an annual average. Announced maintenance work, which takes place outside normal business hours where possible, and disruptions beyond the Provider's control, in particular internet disruptions, outages or changes to third-party services (§ 6) and force majeure, do not count as downtime.
(3) The Provider continuously develops the Software. It is entitled to change or add to functions or replace them with equivalent ones, provided this is reasonable for the Customer and the core of the contractually agreed service is preserved. The Provider will announce significant restrictions in text form with at least six weeks' notice; in this case, the Customer may terminate the contract as of the date the change takes effect.
(4) The Software includes storage capacity of 20 GB per customer account, unless the service description states otherwise, as well as the transcription hours per month specified for each plan. Unused quotas expire at the end of the billing month.
(5) The Provider offers support by email at hello@evoar.de on working days (Monday to Friday, excluding public holidays in Baden-Württemberg).
§ 5 AI features and fair use
(1) EVOAR Social uses third-party language models (currently via the OpenRouter service) to create suggestions for strategies, ideas, texts, comments and analyses (hereinafter "AI Results"). AI Results are generated automatically. They may be factually incorrect, incomplete or outdated, may affect the rights of third parties or may resemble other texts. The Provider does not owe any particular quality or accuracy of content in the AI Results.
(2) Before any publication, the Customer reviews AI Results for accuracy, legality and suitability for their purpose. The Customer alone is responsible for published content, including where they have it published automatically at a scheduled time. AI Results do not constitute legal, tax, medical or financial advice. Where labeling or transparency obligations apply to the publication of AI-generated content, for example under Art. 50 of Regulation (EU) 2024/1689 (AI Act) or the rules of the relevant platform, the Customer fulfills them.
(3) In the Starter plan and during the trial period, a fixed quota applies to the AI features, which is displayed in the Software. Unused quotas expire at the end of the month.
(4) In the Solo, Advanced and Business plans, AI use is not limited in volume within the scope of normal use ("Fair Use"). To ensure performance for all customers and to prevent abuse, in the event of unusually high usage that is significantly above a user's average use, the Provider may
a) temporarily slow down the number of AI requests per user,
b) temporarily use a less resource-intensive language model, and
c) pause a user's AI features until the end of the calendar day in the event of abusively high usage.
Measures under a) and b) may apply until the end of the calendar month if the account's monthly AI usage is significantly above average use. These measures do not apply in the case of normal use.
(5) Regardless of the plan, the number of AI requests per user is limited to 20 per minute; audio files for transcription may be no longer than 180 minutes.
(6) The Provider may switch the language model used or the model provider if the result remains equivalent for the Customer.
§ 6 Connection to third-party services
(1) EVOAR Social enables connections to third-party services, in particular LinkedIn (publishing, reacting, commenting, metrics), Google and LinkedIn (login) and Claude by Anthropic (access via the Model Context Protocol). Instagram and WhatsApp are not technically connected; EVOAR Social plans content for these channels and reminds you to publish it.
(2) The terms and policies of these services apply to their use. The Customer ensures that they and their users comply with them, in particular LinkedIn's rules on automated activities.
(3) The availability and functionality of these services are beyond the Provider's control. If a third-party provider changes or restricts its interfaces, withdraws permissions or discontinues a service, the corresponding function may be wholly or partially discontinued. The Provider will endeavor to find an equivalent solution. Metrics are only available to the extent that the third-party provider makes them available, and only for posts published via EVOAR Social.
(4) When connecting to Claude, the Customer accesses their data on their own initiative and under their own contract with Anthropic. The Provider is not responsible for processing at Anthropic.
§ 7 Customer obligations and permitted use
(1) The Customer is responsible for all content that they or their users upload, generate, approve or publish in EVOAR Social (hereinafter "Customer Content"). They ensure that they hold the necessary rights to the Customer Content, in particular to texts, images, videos, audio recordings and imported web pages and documents.
(2) If the Customer creates profiles of individuals (for example employees as corporate influencers), connects their LinkedIn profiles or uploads recordings with the voices of third parties, they ensure that the individuals concerned have been informed and that the processing is lawful. Publications in the name of a person may only be made with that person's consent.
(3) The Customer may not use EVOAR Social to
a) create or distribute unlawful content, in particular content that is insulting, discriminatory, misleading, anti-competitive or infringing the rights of third parties,
b) generate spam, mass comments or artificial interactions,
c) attack or overload the software, its interfaces or the Provider's systems, extract data from them by automated means, or circumvent protection mechanisms and usage limits,
d) share access with third parties outside the Customer's company or make the software available to third parties as the Customer's own service, unless expressly agreed.
(4) If the Customer embeds the EVOAR Social link tracking script on its own websites, the Customer is responsible for informing visitors and, where required under Section 25 (1) TDDDG or other regulations, for obtaining their consent.
(5) The Customer shall indemnify the Provider against all third-party claims arising from a culpable breach of the obligations under this section, including reasonable legal defense costs. The Provider will inform the Customer of any such claims without undue delay and will coordinate the defense with the Customer.
(6) If there are concrete indications of a violation of paragraph 3, the Provider may temporarily block the affected content or access. In doing so, the Provider will take the Customer's legitimate interests into account and will inform the Customer without undue delay. The right to terminate for cause remains unaffected.
§ 8 Rights to Content and to the Software
(1) As between the Provider and the Customer, the Customer Content, including the AI outputs generated for the Customer, belongs to the Customer. The Provider asserts no rights to it.
(2) The Customer grants the Provider a non-exclusive right, limited to the term of the contract, to store and process the Customer Content, to transmit it to the services used to provide the service (such as language models and connected networks) and to publish it on the Customer's instruction, insofar as this is necessary to provide the service. The Provider does not use Customer Content to train its own AI models or for its own advertising.
(3) All rights to the software, its documentation and the templates belong to the Provider. For the term of the contract, the Customer receives the non-exclusive, non-transferable and non-sublicensable right to use the software within the booked plan for its company's own purposes.
§ 9 Prices, Seats and Payment
(1) The prices displayed at the time of ordering apply. Prices are stated in euros and include statutory value-added tax.
(2) Fees are due in advance for the selected billing interval: monthly for monthly payment, annually for annual payment. Payment is processed via the payment service provider Stripe using the payment methods offered there. The Customer receives invoices electronically; they are available for download in the software.
(3) In the plans provided for this purpose, the Customer can add additional seats (Full Seats, Light Seats) at any time under Settings → Subscription & Seats. The Customer can switch to a higher or lower plan or reduce seats at any time. Changes take effect immediately and are charged pro rata for the current billing period; any credit is offset against future invoices. When switching to a lower plan, features that this plan does not include are no longer available; the associated content remains stored where technically possible.
(4) If the Customer is in default of payment, the statutory provisions apply. If a payment has still not been made 14 days after the due date and a payment reminder, the Provider may block access to the software until the outstanding amount has been settled. Customer Content remains stored during the block.
(5) The Provider may change prices with effect from the next billing period in order to offset increased costs, in particular for hosting, language models and third-party services. The Provider will announce the change in text form at least six weeks before it takes effect. In this case, the Customer may terminate the contract as of the date the change takes effect. If the Customer does not terminate, the new price applies from the next billing period; the Provider will point this out in the announcement.
(6) The Customer may only set off claims that are undisputed or have been finally established by a court.
§ 10 Term and Termination
(1) After the trial period, the contract runs for an indefinite period. Depending on the Customer's choice, the billing period is one month or one year and is renewed for the same duration each time unless the Customer terminates.
(2) The Customer may terminate at any time effective at the end of the current billing period, in the software under Settings → Subscription & Seats or in text form to hello@evoar.de. Until the end of the billing period, the Customer can withdraw the termination in the software.
(3) The Provider may terminate with one month's notice effective at the end of a billing period.
(4) The right of both parties to terminate for good cause remains unaffected. Good cause exists for the Provider in particular if the Customer is in default with an amount equal to two monthly fees or, despite a warning, materially violates § 7.
(5) Fees already paid for the current billing period are not refunded pro rata in the event of ordinary termination. If the Provider terminates in the ordinary course or the Customer terminates for good cause attributable to the Provider, the Provider will refund pro rata the fees paid in advance for the period after the end of the contract.
§ 11 Data Export and Deletion at the End of the Contract
(1) During the term of the contract and up to 30 days after it ends, the Customer may request a copy of its Customer Content in a common, machine-readable format by sending a request to hello@evoar.de.
(2) After these 30 days have elapsed, the Provider will delete the Customer Content and the customer account, unless statutory retention obligations prevent this. Copies in backups are removed when those backups are deleted in the regular cycle.
§ 12 Data Protection and Data Processing
(1) Insofar as the Provider processes personal data on behalf of the Customer in the course of providing the service, in particular the Customer Content, the parties conclude a data processing agreement pursuant to Art. 28 GDPR. It is available at www.evoar-social.app/avv and becomes part of the contract upon conclusion of the contract.
(2) In all other respects, the Provider processes personal data in accordance with its privacy policy (www.evoar-social.app/datenschutz).
§ 13 Warranty
(1) The statutory provisions on rental law (§§ 535 et seq. German Civil Code, BGB) apply to defects in the software, unless otherwise provided below.
(2) The Customer will report defects in text form without undue delay after discovering them, with a comprehensible description. The Provider will remedy defects within a reasonable period.
(3) The Provider's no-fault liability for defects that already existed at the time the contract was concluded (§ 536a (1) alt. 1 BGB) is excluded.
(4) The fact that AI outputs do not meet the Customer's expectations or are incorrect in content is not a defect of the software, provided the AI function works technically as described (§ 5 (1)). The same applies to limitations resulting from third-party services (§ 6 (3)).
§ 14 Liability
(1) The Provider is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, under the Product Liability Act, and to the extent of an expressly assumed guarantee.
(2) In the event of a slightly negligent breach of a material contractual obligation, liability is limited to the damage typical for this type of contract and foreseeable at the time the contract was concluded. Material contractual obligations are obligations whose fulfillment is essential to the proper performance of the contract in the first place and on whose observance the Customer may regularly rely. The damage typical for this type of contract is generally limited to the amount of fees paid by the Customer in the twelve months preceding the damaging event.
(3) In all other respects, liability for slight negligence is excluded.
(4) The Provider is liable for loss of data only to the extent that the loss would have occurred had the Provider carried out proper data backups. The Provider backs up the database daily.
(5) The limitations of liability also apply in favor of the Provider's vicarious agents.
§ 15 Confidentiality
The parties will treat all non-public information of the other party that becomes known to them in the course of the contract as confidential and will use it only to perform the contract. This obligation continues after the end of the contract.
§ 16 Use as a Reference
The Provider may name the Customer, with name and logo, as a reference if the Customer has previously consented in text form. Consent can be withdrawn at any time.
§ 17 Changes to these Terms
(1) The Provider may amend these Terms with effect for the future if there is a valid reason, in particular in the event of changes in the law or case law, new features or changes to third-party services. A change to the relationship between performance and consideration will only be made in accordance with § 9 (5).
(2) The Provider will notify the Customer of the changes in text form at least six weeks before they take effect. If the Customer does not object in text form within this period, the changes are deemed accepted. In the notification, the Provider will separately point out the deadline and the consequences of failing to object. If the Customer objects, either party may terminate the contract as of the date the change takes effect.
§ 18 Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this contract is Mannheim. The Provider is also entitled to bring an action at the Customer's registered office.
(3) Amendments and additions to the contract must be made in text form. This also applies to any waiver of this text form requirement.
(4) Should individual provisions of this contract be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provision shall replace the invalid provision.