1. Scope and Contracting Party
These Terms of Service ("Terms") govern all contractual relationships between MABTED GmbH ("Provider") and users ("Customers") of the MABTED ("Service"). They apply exclusively to business customers (B2B) as defined by §14 German Civil Code (BGB). Conflicting terms from customers will not apply unless expressly agreed in writing.
2. Description of Service
The MABTED is a cloud-based software for managing influencer collaborations, campaigns, and performance metrics. The Service includes:
- Management of influencer profiles and relationships
- Planning and tracking of campaigns and engagements
- Performance metrics and KPI calculation (TKP, ROAS, etc.)
- Integration with Shopify for revenue tracking
- Email automation via Gmail integration
- Invoice and payment management
- Deliverables management and content approval workflows
Access is provided online; no software installation is required.
3. Formation of Contract
The contract for use of the Service is formed when customers:
1. complete the order or subscription process via Stripe or another payment platform provided by the Provider, and
2. agree to these Terms and the Privacy Policy.
4. Scope of Service
The Provider makes the Service available in its current version. Features, prices, and billing intervals are determined by the applicable offer or pricing model. There is no entitlement to specific functions, integrations, or permanent availability of individual APIs.
The Service is provided as Software-as-a-Service (SaaS). No installation at the customer's premises is required.
5. Customer Obligations
Customers are obligated in particular to:
- use the Service only in accordance with applicable laws and these Terms
- treat access credentials confidentially and protect them from unauthorized access
- not distribute unlawful or harmful content through the Service
- not bypass security mechanisms or manipulate source code
- comply with the integration terms of Meta, Google, Shopify, and other third-party systems
6. Automated Operations and Customer Responsibility
The Service performs automated changes to external systems, in particular:
- Sending emails via Gmail integration
- Synchronizing Shopify revenue data with engagements
Customers are obligated to regularly review the actions taken and ensure that stored rules and configurations align with their business goals.
The Provider is not liable for economic damages arising from incorrect configurations or faulty API data.
7. Fees and Payment
Use is subject to fees according to the selected plan. Billing occurs monthly in advance via SEPA Direct Debit or other offered payment methods (e.g., credit card, Stripe Checkout).
Invoices are provided electronically and are deemed delivered upon sending by email.
8. Term and Termination
The contract is concluded for an indefinite period and may be terminated by either party with 14 days' notice to the end of the billing period.
The right to extraordinary termination for important cause remains unaffected.
9. Availability and Liability
The Provider aims for annual availability of 99% but does not guarantee uninterrupted accessibility. Maintenance work will be announced in advance whenever possible.
Liability Disclaimer: The Provider is not liable for indirect, incidental, or consequential damages, in particular not for lost profits or data loss, unless these result from intent or gross negligence.
Liability is limited – except in cases of intent, gross negligence, or breach of essential contractual obligations – to the amount of fees paid by the customer in the last 12 months.
10. Data Protection and Processing Agreement
The processing of personal data is carried out in accordance with the General Data Protection Regulation (GDPR) and the Provider's Privacy Policy.
If customers process personal data of third parties through the Service, they enter into a Data Processing Agreement (DPA) with the Provider in accordance with Art. 28 GDPR.
11. Changes to the Terms
The Provider may adjust these Terms with effect for the future. Changes will be communicated by email or in the user account. If customers do not object within 14 days, the changes are deemed accepted.
12. Final Provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Hamburg, insofar as legally permissible.
Should any provision of these Terms be invalid, the validity of the remaining provisions remains unaffected.