Terms & Conditions

General Terms and License Conditions for SEOKI (AGB)

As of: 06/2024

§1 Provider of the Service, General, Definitions

1. Provider of the Services
   The provider of the following described services is ankhlabs GmbH
   Managing Directors: Christian Mars, Volkan Yilmaz
   Billerberg 11
   82266 Inning am Ammersee
   Email: hallo@SEOKI.com
   Phone: +49 (0)8143 24 19 250
   (hereinafter referred to as the “Provider”).
2. Offer, Services, Miscellaneous
   The Provider offers SEOKI as a web app under the domain https://seoki.com to business customers (entrepreneurs as defined in § 14 BGB), which creates AI-supported, SEO-optimized texts based on user inputs such as keywords or titles (“Services”). Specifically:
   a) Free Offer (“Free” Plan) The Provider offers SEOKI as a web app for free with limited functionality. Under this plan, customers can create up to two articles per month. The Free Plan can be terminated at any time.
   b) Paid Offers For extended use, which includes more articles and additional features, a paid license is required. Licensing is based on the number of articles and the range of functions. The plans and functionalities can be changed at any time.
   c) Customers Customers have entered into a contract with the Provider for the use of the Services for themselves or as employees of their company (hereinafter: “Customer”) and are thus representatives of an entrepreneur as defined in § 14 BGB.
   d) Languages The Provider’s websites are available to the Customer in German and English.
   e) Validity of these Terms and Conditions These terms and conditions apply to all existing business relationships regarding the services mentioned here. They apply to all services within the scope of the Services and are valid in their respective version at the time of registration or order. Deviating conditions of the Customer are not recognized by the Provider, unless otherwise individually agreed. By registering and/or ordering the Provider’s services, the Customer expressly agrees to these terms and conditions.

§2 Conclusion of the Contract, Registration, Order

1. Registration for SEOKI
   After registering on the Provider’s website with a personal email address and password, the Customer opens a customer account, which must be activated through an activation email. The Customer assures that the information provided during registration is accurate. Changes to the required data must be promptly communicated to the Provider by updating the relevant fields in their profile.
2. Conclusion of Contract for Paid Offers
   The contract for the use of paid offers can be concluded at any time by the Customer by selecting a paid plan and contacting the Provider. The contract is concluded with an order confirmation by the Provider. The duration of the service depends on the chosen offer.
3. Scope of Services
   The scope of services is determined by the package chosen by the Customer and is available on the Provider’s websites and in the documentation. An active subscription license entitles the Customer to use the services according to the chosen functionality and number of articles.
4. Storage and Access to Contract Text
   The Customer can view and print or save these terms and conditions on the website under General Terms and Conditions.
   The ordered service can be viewed in the customer account.

§3 Prices, Price Changes, Payment Methods and Conditions

1. Prices of Paid Services
   The prices of the paid services are based on the respective indication at the time of order and are valid for the respective contract term (§ 4). All prices are generally exclusive of the applicable VAT.
2. Price Changes
   The Provider is entitled to adjust the prices for ongoing services quarterly. In the event of price increases that significantly exceed the regular increase in living costs, the Customer has the right to terminate the contract. This will be communicated to the Customer by the Provider in text form in advance.
3. Payment Conditions
   Payment for the paid services is due in full in advance for the entire contract term.
4. Payment Methods
   Various payment methods are available. Currently, invoice payment is not available.
5. Default in Payment
   In the event of significant payment default of at least one month from the due date, the Provider has the right to suspend the Customer’s access to the service until the outstanding amounts are settled.
6. Electronic Invoices
   The Customer agrees to receive invoices and credit notes exclusively in electronic form.

§4 Contract Duration, Termination

1. Contract Duration
   The respective contract duration for paid services applies from the conclusion of the contract as indicated at the time of order. The “Free” plan runs indefinitely until terminated by the Customer or the Provider.
2. Termination of Paid Services
   The Customer can terminate the paid service at the end of the respective contract term in text form with a notice period of 1 month before the end of the contract term. If the Customer does not terminate, the chosen paid service package will automatically renew for the previous contract term, but for no more than one additional year. The same termination right applies to the Provider.
3. Termination of Free Services
   Free services can be terminated by the Provider at any time with a notice period of 7 days. The Customer can terminate at any time with effect from the next business day.
4. Service Discontinuation
   The Provider can discontinue its services at any time with 3 months’ prior notice in text form. Prepaid payments will be refunded proportionately to the extent that services have not yet been provided.
5. Extraordinary Termination
   The Provider and the Customer can terminate the agreed services extraordinarily if essential contractual provisions are violated.

§5 Customer Obligations, Responsibilities, Advertising

1. Accuracy of Information
   The Customer is obligated to provide truthful and accurate information, especially during registration and service requests.
2. Multiple Registrations
   Multiple registrations per user or per organization are fundamentally not allowed. Additionally, registration on behalf of third parties is prohibited.
3. Confidentiality of Access Data
   The Customer is obligated to keep their access data and passwords confidential and not to disclose them to third parties. Passwords must consist of at least 8 characters with upper and lower case letters, numbers, and special characters.
4. Current Data
   The Customer must keep their contract-relevant information (e.g., name, address, email) in the customer account up to date.
5. Contractual and Legal Use
   The Customer commits to using the Provider’s services contractually and legally. Unlawful use includes, in particular, excessive use of resources and/or testing the service for vulnerabilities/errors and/or disrupting the operation for other customers. The Customer assures not to distribute any content that is criminally relevant, violates third-party rights, competition law, general personal rights, or data protection regulations.
6. Indemnification
   The Customer indemnifies the Provider from all claims and demands of third parties due to the infringement of rights related to the Customer’s use of the Provider’s services.
7. Advertising
   The Provider is entitled to display reasonable advertisements for its own purposes within the free service. Details are governed by the Provider’s privacy policy.
8. Account Suspension
   If the Customer significantly violates any of their obligations mentioned above, the Provider has the right to suspend the Customer’s account at the Customer’s expense and, if necessary, terminate the contract according to § 4, clause 5.

§6 Availability of Services

1. Warranty of Condition
   The Provider warrants the maintenance of the contractual condition of the SEOKI software within the technical prerequisites as documented concerning the specified installation requirements and technical framework conditions during the contract term and ensures that no third-party rights oppose the contractual use of the software.
2. Notification of Defects
   The Customer is obligated to notify the Provider of defects in the software in writing immediately after their discovery. In the case of material defects, this must be done by describing the time of occurrence of the defects and the circumstances.

§7 Right of Use

1. Right of Use
   The Customer acquires the non-exclusive and non-transferable right to use the SEOKI services contractually. The right of use is limited to the contract term. Transfer of this right to third parties is excluded.
2. Permitted Use
   SEOKI may only be used by the Customer in the acquired number of licenses. The permitted use includes the determination of the number of articles and the range of functions. The Customer may not alter or examine the SEOKI software or perform load tests.
3. Violation of Usage Rights
   In the event of a violation of the usage rights, all granted usage rights become immediately invalid and revert automatically to the Provider.

§8 Warranty, Responsibility

1. Responsibility for Content
   The Provider is only responsible for unlawful content, particularly content that affects third-party rights, if the Provider is aware of the content and it is technically and economically possible for the Provider to block this content from further access.
2. Warranty of Condition
   The Provider warrants the maintenance of the contractual condition of the SEOKI software within the technical prerequisites as documented concerning the specified installation requirements and technical framework conditions during the contract term and ensures that no third-party rights oppose the contractual use of the software. The Provider will rectify material and legal defects in the SEOKI service within a reasonable time.
3. Notification of Defects
   The Customer is obligated to notify the Provider of defects in the software in writing immediately after their discovery. In the case of material defects, this must be done by describing the time of occurrence of the defects and the circumstances.
4. Content by AI The content is generated by AI. The Provider assumes no guarantees or liabilities for the generated content regarding legal violations, copyrights, or other third-party claims.

§9 Liability

1. Unlimited Liability
   The Provider is fully liable for damages resulting from injury to life, body, or health, for fraudulent behavior, and for intent or gross negligence.
2. Simple Negligence
   For simple negligence, the Provider is only liable if essential contractual obligations (cardinal obligations) are violated. Liability is limited to the contract-typical and foreseeable damage.
3. Mandatory Liability
   The liability limitations do not apply to mandatory liability prescribed by law or liability arising from a no-fault guarantee.
4. Personal Liability
   The liability limitations also apply to the personal liability of the Provider’s employees, workers, representatives, organs, and vicarious agents.
5. Guarantees
   The Provider assumes no guarantees.

§10 Data Protection

1. Data Protection Laws
   The Customer is informed that all data recorded on the Provider’s websites during registration or use of the services are stored and processed according to applicable data protection laws to the extent necessary for the execution of the contractual relationship.
2. Data Protection Notices
   The Customer has been thoroughly informed about the type, scope, location, and purpose of the collection, processing, and use of the personal data required for the execution of services in the Data Protection Notices.
3. Order Processing
   The Provider acts on behalf of and under the responsibility of the Customer within the scope of order processing, the agreement of which is the responsibility of the Customer.
4. Processing for Contract Fulfillment
   The respective processing of data is carried out to provide the contractual services.

§11 Changes to the Contract Terms

1. Technological Adjustments
   The Provider is entitled to adjust its services concerning the applied technology at any time.
2. Changes to the Terms& Conditions
   The Provider is otherwise entitled to change these terms and conditions with future effect. The Provider will only make these changes for valid reasons. Changes require the Customer’s consent.
3. Information about Changes
   The Customer will be informed of changes through a notice in the login area and/or by email. The Customer’s notification will include a reasonable period to object to the changed terms.

§12 General, Final Provisions

1. Applicable Law
   These terms and conditions and the entire legal relationships between the Provider and the Customer are exclusively governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
2. Jurisdiction
   For contracts with merchants, legal entities under public law, and special funds under public law, Frankfurt is agreed as the place of performance and jurisdiction. If the Customer has no general jurisdiction in Germany, the Provider’s business location is the jurisdiction.
3. Partial Invalidity
   The possible invalidity of individual provisions of these terms and conditions does not affect the validity of the remaining provisions.
4. Data Protection Notices
   The Data Protection Notices apply to the present services (available at https://seoki.com/en/privacy-policy).