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Terms of Service

Terms of Use for Story Planner Pro

Last updated: January 2025

1. Scope and Contracting Parties

1.1 These Terms of Service govern the use of the Software-as-a-Service (SaaS) platform "Story Planner Pro" (hereinafter referred to as "Service" or "Platform") provided by

Emporion Innovations GmbH

Ludwigstr. 32

63067 Offenbach am Main, Germany

Represented by the Managing Directors:

Alexander Kuchta, Dennis Schmitz

Email: info@storyplannerpro.de
Phone: +49 (0) 69 99998088

Court of Registration: Amtsgericht Offenbach am Main
Registration Number: HRB 51283
VAT ID: DE284997944

(hereinafter referred to as "Provider", "we", or "us").

1.2 By registering for and using the Service, you accept these Terms of Service in the version valid at the time of registration. Any deviating terms of the User shall not be recognized unless we expressly agree to their validity in writing.

1.3 These Terms of Service apply exclusively to businesses within the meaning of Section 14 of the German Civil Code (BGB). Consumers within the meaning of Section 13 BGB are excluded from use unless expressly agreed otherwise.

2. Description of Services

2.1 The Service enables the automated creation, scheduling, and publication of Instagram Stories with AI-generated captions. The specific scope of services depends on the selected subscription tier.

2.2 We reserve the right to modify, expand, or restrict the Service at any time at our sole discretion. There is no entitlement to the retention of specific features. Material changes will be announced with a notice period of at least 15 days.

2.3 The Service depends on third-party providers, in particular the Instagram Graph API by Meta Platforms Inc. and Google Shopping. We assume no liability whatsoever for the availability, functionality, or changes to these third-party services.

2.4 The Service is provided "as-is" and "as-available." We do not guarantee that the Service will be available without interruption, securely, or free of errors.

2.5 Link-in-Bio Feature

The Service includes the provision of landing pages ("Link-in-Bio pages") hosted on the Provider's servers. These pages display products from the User's Google Shopping feed and are accessible via an external link (e.g., Instagram Bio).

The Provider acts as a technical hosting service provider within the meaning of the Digital Services Act (Regulation (EU) 2022/2065). No sale of products takes place through these pages. Purchase transactions are processed exclusively in the User's linked online shop. The Provider does not become a contracting party in purchase agreements between the User and their customers.

2.6 Anonymized Usage Statistics

The Provider collects anonymized, non-personal usage statistics on Link-in-Bio pages (page views, product click counts). This data does not contain IP addresses or other personal data and is used solely to provide statistical features for the User and to improve the Service.

3. Registration and User Account

3.1 Use of the Service requires registration and the creation of a user account. The User is obligated to provide truthful and complete information during registration.

3.2 The User is responsible for keeping their login credentials confidential and is liable for all activities carried out using their account. In the event of suspected unauthorized use, the User is obligated to notify us immediately at info@storyplannerpro.de.

3.3 There is no entitlement to registration. We reserve the right to reject registrations without stating reasons or to suspend user accounts.

4. User Obligations

4.1 The User agrees to:

  • Only upload and publish lawful content
  • Not publish any content that infringes third-party rights (copyrights, trademark rights, personality rights)
  • Comply with the terms of use of Instagram and Meta
  • Not misuse or overload the Service
  • Not carry out automated access outside of the provided interfaces

4.2 The User is solely responsible for the legality, quality, and suitability of the content they upload as well as the resulting publications. We do not review uploaded content for legal violations.

4.3 The User ensures that they hold all necessary rights to uploaded images, videos, and other content and grants us the usage rights necessary for the provision of the Service.

4.4 The User is responsible for the security of their Instagram account and is liable for all damages arising from improper sharing of credentials or insecure authentication.

5. Special Obligations When Using the Link-in-Bio Feature

5.1 Legal Notice Requirement

The User is obligated to provide a complete legal notice (Impressum) for their Link-in-Bio page in accordance with Section 5 of the German Digital Services Act (DDG). This is done by providing a link to an externally hosted legal notice in the Service settings. The User bears sole responsibility for the accuracy, completeness, and continuous accessibility of their legal notice.

The legal notice must contain at least the following information:

  • Full name or company name and legal form
  • Physical address (no P.O. Box)
  • Authorized representatives
  • Email address and additional direct contact option
  • Commercial register number and court of registration (if registered)
  • VAT identification number (if applicable)
  • Competent supervisory authority (if applicable)

5.2 Privacy Policy

The User is obligated to provide a link to their privacy policy that complies with the requirements of the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

If the User integrates their own tracking tools (see Section 5.4), the privacy policy must describe these fully and comprehensibly.

The User, as the data controller within the meaning of Art. 4(7) GDPR, is responsible for the lawfulness of data processing by the tracking tools they integrate.

5.3 Price Information

To the extent that prices are displayed on the Link-in-Bio page, the User is responsible for compliance with the German Price Indication Regulation (PAngV). This includes in particular:

  • Indication of total prices including VAT and other price components (gross prices)
  • Clear indication of shipping costs or link to a shipping cost overview
  • Indication of unit prices (per unit of measurement) for goods sold by weight, volume, length, or area pursuant to Section 4 PAngV
  • When displaying crossed-out prices: indication of the lowest total price applied by the User within the last 30 days prior to the price reduction (Section 11 PAngV)

The Provider assumes no liability for the accuracy of price data imported from the Google Shopping feed. The User is obligated to ensure the timeliness and accuracy of the displayed prices.

5.4 Optional User Tracking Tools

The User may optionally integrate their own tracking tools (Facebook Pixel, Google Analytics 4) on their Link-in-Bio page. The Provider supplies a technical cookie consent solution to ensure that the User's tracking tools are only activated after effective consent has been given by the page visitor.

When integrating their own tracking tools, the User, as the sole data controller, is responsible for the following:

  • Lawful collection of consent from page visitors pursuant to Section 25 TDDDG and Art. 6(1)(a) GDPR
  • Providing complete information to page visitors about the nature, scope, and purpose of data processing in their privacy policy
  • Compliance with the requirements for valid consent (informed, voluntary, specific, active action, revocable)
  • Concluding the required agreements with Meta (Controller Addendum for Facebook Pixel) and Google (Data Processing Agreement for Google Analytics)
  • Lawful data transfer to third countries (in particular the USA)

The Provider itself does not collect personal data on Link-in-Bio pages via tracking tools. The usage statistics collected by the Provider (Section 2.6) are anonymized and do not require consent.

5.5 Product Content and Third-Party Rights

The User warrants that they hold all necessary rights to the product data imported from the Google Shopping feed (images, descriptions, prices, brand names) and that their display on the Link-in-Bio page does not infringe third-party rights.

The User undertakes not to display any products:

  • That violate legal prohibitions
  • Whose advertising or distribution is restricted (e.g., tobacco products, prescription medications)
  • That contain content harmful to minors without an effective age verification system implemented in the linked shop

5.6 Provider Is Not a Seller

The Provider is not the seller of the products displayed on the Link-in-Bio pages. The Provider does not become a contracting party in purchase agreements between the User and their customers.

All obligations toward consumers, in particular:

  • Pre-contractual information obligations pursuant to Sections 312d, 312f BGB in conjunction with Art. 246a EGBGB
  • Right of withdrawal notice and right of withdrawal
  • Warranty and guarantee obligations
  • Information on dispute resolution

are the sole responsibility of the User as the operator of the linked online shop.

6. Reporting Illegal Content (Digital Services Act)

6.1 Reporting Procedure

The Provider provides a procedure for reporting illegal content on Link-in-Bio pages in accordance with Art. 16 of Regulation (EU) 2022/2065 (Digital Services Act).

Reports may be submitted to:

Email: abuse@storyplannerpro.de

6.2 Requirements for Reports

Reports must contain the following information:

  • A sufficiently substantiated explanation of the reasons why the reported content is illegal, including reference to the applicable legal provision
  • The exact location (URL) of the objected content
  • Name and email address of the reporting person
  • A declaration that the information is true to the best of the reporting person's knowledge and belief

6.3 Processing of Reports

The Provider processes reports promptly, diligently, without arbitrariness, and objectively. The decision regarding the report will be communicated to the reporting person.

In the event of removal or blocking of content, the affected User will be notified without delay with the following information:

  • Type of measure taken and affected content
  • Facts and circumstances on which the decision is based
  • Information on the use of automated means in decision-making (if applicable)
  • Reference to the legal basis
  • Information on available remedies

6.4 Repeated Violations

The Provider reserves the right to temporarily or permanently exclude Users who frequently provide manifestly illegal content, after prior warning. The decision is made taking into account all relevant circumstances, in particular the severity, frequency, and nature of the violations.

6.5 Abuse of the Reporting Procedure

Persons or entities that frequently submit manifestly unfounded reports may be excluded from having further reports processed for a reasonable period of time.

7. Points of Contact (Digital Services Act)

7.1 Point of Contact for Authorities

Pursuant to Art. 11 of Regulation (EU) 2022/2065, the Provider designates the following central point of contact for direct electronic communication with Member State authorities, the European Commission, and the Board for Digital Services:

Emporion Innovations GmbH

Digital Services Act – Authority Contact

Ludwigstr. 32

63067 Offenbach am Main, Germany

Email: dsa-authority@storyplannerpro.de
Phone: +49 (0) 69 99998088

Languages of communication: German, English

7.2 Point of Contact for Users

Pursuant to Art. 12 of Regulation (EU) 2022/2065, the Provider designates the following central point of contact for direct electronic communication with users of the Service:

Email: info@storyplannerpro.de
Phone: +49 (0) 69 99998088

The point of contact enables fast, direct, and efficient communication. Users may use this point of contact to obtain information about applicable terms of use, content moderation, or other questions concerning the Service.

8. Payment Terms and Subscriptions

8.1 The Service is offered on a subscription basis. Current prices and service packages are available on our website.

8.2 Payments are processed through our payment service provider Stripe, Inc. By purchasing a subscription, the User authorizes recurring payments.

8.3 All prices are exclusive of applicable statutory value added tax.

8.4 We reserve the right to change prices with 30 days' notice. In the event of price increases, the User has a special right of termination effective at the time the price increase takes effect.

8.5 In the event of payment default, we reserve the right to suspend access to the Service after an unsuccessful reminder. Outstanding balances remain unaffected.

8.6 Refunds are provided only in cases required by law or at our discretion.

9. Term and Termination

9.1 Subscriptions are automatically renewed for the selected period (monthly/annually) unless terminated before the end of the respective term.

9.2 Termination may be made at any time via the customer portal or by email to info@storyplannerpro.de and will take effect at the end of the current billing period.

9.3 We reserve the right to terminate or suspend user accounts with immediate effect if:

  • The User violates these Terms of Service
  • The User repeatedly provides illegal content
  • The User is in default of payment despite a reminder
  • There is a reasonable suspicion of abusive use
  • Legal or regulatory reasons require it

9.4 Upon termination, all user data including Link-in-Bio pages will be irrevocably deleted within 30 days, unless statutory retention obligations apply. The User is responsible for backing up their data in advance.

10. Intellectual Property Rights

10.1 All rights to the Platform, including all software, designs, logos, text, and other content, remain with us or our licensors.

10.2 The User is granted a non-exclusive, non-transferable, revocable right to use the Service in accordance with these Terms of Service.

10.3 The User grants us the usage rights to uploaded content necessary for the provision of the Service. These rights expire upon deletion of the content by the User or termination of the contractual relationship.

10.4 Any reproduction, modification, distribution, or other use of the Platform or its components beyond the contractually permitted use is prohibited.

11. Limitation of Liability

11.1 Our liability for damages is limited to intent and gross negligence. In the event of slight negligence, we are only liable for breach of material contractual obligations (cardinal obligations), the fulfillment of which is essential for the proper performance of the contract and on whose compliance the User may regularly rely.

11.2 We are not liable for:

  • Interruptions, disruptions, or outages of the Service, in particular caused by third-party providers (Instagram API, Google Shopping, Azure, etc.)
  • Data losses that occur despite regular backups
  • Damages caused by content uploaded by the User or resulting publications
  • Suspensions or actions by Instagram/Meta against the User's Instagram account
  • Inaccuracies or errors in AI-generated content
  • Infringement of third-party rights through User content
  • Legal violations through content on the User's Link-in-Bio pages, in particular violations of legal notice requirements, price indication regulations, or data protection law
  • Claims by visitors of Link-in-Bio pages or the User's customers against the Provider
  • Data processing by tracking tools integrated by the User (Facebook Pixel, Google Analytics)
  • Indirect damages, consequential damages, lost profits, or data losses

11.3 Liability for damages arising from injury to life, body, or health, as well as liability under the Product Liability Act, remains unaffected.

11.4 To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, representatives, and vicarious agents.

11.5 In the event of breach of cardinal obligations, liability is limited to the typical, foreseeable damage, but in no case exceeding the subscription fees paid in the last 12 months.

12. Indemnification

12.1 The User shall indemnify and hold harmless us, our legal representatives, employees, and vicarious agents from all third-party claims arising from the User's use of the Service, in particular from:

  • Infringement of copyrights, trademarks, or other intellectual property rights through uploaded content or product data
  • Violation of personality rights, data protection rights, or other third-party rights
  • Violations of statutory provisions or regulatory requirements
  • Violations of the terms of use of third-party providers (Instagram, Meta, Google)
  • Violations of legal notice requirements, price indication regulations, or other information obligations on Link-in-Bio pages
  • Unlawful data processing by tracking tools integrated by the User (Facebook Pixel, Google Analytics)
  • Claims by visitors of Link-in-Bio pages due to missing or defective cookie consent
  • Claims by the User's customers arising from purchase agreements or pre-contractual obligations

12.2 The indemnification includes all reasonable costs of legal defense including court and attorney fees at the statutory rate.

12.3 The User is obligated to support us in the defense against third-party claims and to provide all necessary information truthfully and completely. The User shall notify us without delay of any threatened or asserted claims.

12.4 The indemnification obligation does not apply to the extent that the User is not responsible for the legal violation.

13. Warranty

13.1 The Service is provided "as-is" and "as-available." We do not owe any specific quality of the Service unless expressly agreed upon.

13.2 We make no warranty for:

  • Uninterrupted or error-free availability of the Service
  • Fitness for a particular purpose
  • Quality, accuracy, or legality of AI-generated content
  • Success of Instagram Stories published through the Service
  • Compatibility with future changes to the Instagram API or Google Shopping
  • Accuracy of product data imported from Google Shopping feeds

13.3 Warranty claims expire 12 months after the provision of the respective service, unless longer periods are mandatorily prescribed by law.

14. Data Protection and Data Processing

14.1 The processing of personal data is carried out in accordance with our privacy policy, available at https://storyplannerpro.de/datenschutz .

14.2 The User, as the data controller, is responsible for compliance with data protection regulations regarding data processing by tracking tools they integrate (Facebook Pixel, Google Analytics).

14.3 Data Processing Agreement

To the extent that the Provider processes personal data on behalf of the User in the course of service provision, the Provider acts as a data processor within the meaning of Art. 28 GDPR.

The details of data processing are set out in a separate Data Processing Agreement (DPA), available at https://storyplannerpro.de/avv, which forms an integral part of these Terms of Service.

By accepting these Terms of Service, the User agrees to the Data Processing Agreement.

14.4 No Personal Data in Usage Statistics

The anonymized usage statistics collected by the Provider (page views, click counts) do not constitute personal data. IP addresses are not stored. The collection of these statistics does not require consent and is not subject to the Data Processing Agreement.

15. Accessibility

15.1 The Provider strives to make the Link-in-Bio pages accessible in accordance with the requirements of the German Accessibility Strengthening Act (BFSG) and the harmonized standard EN 301 549.

15.2 An accessibility statement is available at https://storyplannerpro.de/barrierefreiheit.

15.3 Reports of accessibility barriers or suggestions for improvement may be directed to:

Email: info@storyplannerpro.de
Subject: Accessibility

15.4 The Provider will review reported barriers and endeavor to resolve them in a timely manner.

16. Amendments to the Terms of Service

16.1 We reserve the right to amend these Terms of Service with effect for the future, to the extent that this is reasonable for the User, taking into account the interests of the Provider.

16.2 Amendments will be communicated to the User by email at least 30 days before the planned effective date. For amendments that materially restrict the use of the Link-in-Bio feature or affect the ranking parameters for product display, the notice period is at least 15 days, unless a shorter period is necessary for compelling legal or security reasons.

16.3 If the User does not object to the validity of the new Terms of Service within 30 days of receipt of the amendment notice in text form (e.g., by email), the amended Terms of Service shall be deemed accepted. The amendment notice will specifically inform the User of the significance of the 30-day period, the right to object, and the legal consequences of silence.

16.4 In the event of a timely objection, the contractual relationship shall continue under the existing terms. In this case, both parties have the right to ordinary termination with 30 days' notice.

17. Transparency (Platform-to-Business Regulation)

17.1 The order of product display on Link-in-Bio pages is determined by the order of products in the User's Google Shopping feed and the time of Story creation. No algorithmic sorting by relevance or other criteria takes place.

17.2 The Provider does not differentiate between its own products and the User's products, as the Provider itself does not offer any products through the Platform.

17.3 Complaints regarding compliance with these Terms of Service may be directed to info@storyplannerpro.de. The Provider will review complaints within a reasonable period and communicate the outcome.

18. Applicable Law and Jurisdiction

18.1 These Terms of Service and all legal relationships between us and the User are governed exclusively by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

18.2 The exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is, to the extent permitted by law, Offenbach am Main, Germany.

19. Dispute Resolution

19.1 The European Commission provides an Online Dispute Resolution (ODR) platform, available at https://ec.europa.eu/consumers/odr .

19.2 As our services are exclusively directed at businesses, we are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

20. Severability Clause

20.1 Should individual provisions of these Terms of Service be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.

20.2 The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision, to the extent legally permissible.

21. Contact

For questions regarding these Terms of Service, please contact us at:

Emporion Innovations GmbH

Ludwigstr. 32
63067 Offenbach am Main, Germany

General Inquiries:
Email: info@storyplannerpro.de
Phone: +49 (0) 69 99998088

Report Illegal Content:
Email: abuse@storyplannerpro.de

DSA Authority Contact:
Email: dsa-authority@storyplannerpro.de

Last updated: January 2025

These Terms of Service are drafted in the German language. In the event of translations into other languages, the German version shall prevail in case of doubt.

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