Terms of Service

§ 1 Provider and scope

RombiPost is provided by Kongglo, owner Jean Pierre de la Torre Mogollón ("Provider"). The address, contact details and VAT ID can be found in the Impressum (legal notice).

1. These Terms apply to all contracts for the use of the software-as-a-service application RombiPost ("Service") between the Provider and its customers ("Customer").
2. The Service is aimed exclusively at businesses (Unternehmer) within the meaning of Section 14 of the German Civil Code (BGB), i.e. natural or legal persons acting in the exercise of their commercial or independent professional activity when concluding the contract. The Customer confirms this when registering. No contracts are concluded with consumers.
3. Deviating terms of the Customer only apply if the Provider expressly agrees to them in text form.

§ 2 Services

1. RombiPost helps the Customer to create social media posts with the help of artificial intelligence (AI), schedule them and publish them on connected networks. The exact range of functions and the monthly quotas are set out in the description of the chosen plan on the website at the time the contract is concluded.
2. Publishing on social networks takes place via their interfaces (APIs). The Provider has no influence on their availability, rules and changes. If an interface fails or a network changes its terms, a function may be restricted; networks marked as "coming soon" are not owed.
3. The Provider continuously develops the Service and may change functions as long as the contractually agreed core scope of the chosen plan is preserved. During the beta phase, individual functions may be marked as "Beta".
4. The Provider strives for high availability but does not owe any specific availability unless expressly agreed otherwise. Maintenance is carried out outside normal business hours where possible.

§ 3 Registration and conclusion of contract

1. The contract for the free plan is concluded when registration is completed. A contract for a paid plan is concluded when the Customer completes the ordering process via the payment service provider Stripe.
2. The Customer provides truthful information when registering, keeps the access data secret and informs the Provider immediately if misuse is suspected.

§ 4 Plans, trial period and prices

1. There is a free plan ("Free") and paid plans ("Starter", "Pro"). The prices stated on the website at the time of the order apply. All prices are exclusive of statutory VAT.
2. For the Starter plan, the Provider grants a free trial period of 7 days. If the subscription is not cancelled before the end of the trial period, it automatically turns into a paid subscription; the first payment is due when the trial period ends. The trial period can be used once per Customer.
3. AI quotas (e.g. AI posts and AI images) apply per calendar month and renew at the beginning of the month. Unused quotas expire.
4. The Provider may change prices with at least 30 days' notice, effective from the next billing period. The Customer may cancel until the change takes effect. For Customers who subscribed to a paid plan during the beta phase, the launch price remains in place permanently as long as the subscription continues without interruption.

§ 5 Payment

1. Paid plans are billed monthly in advance via Stripe. The Customer receives an invoice in electronic form.
2. If a payment fails, the Provider may restrict access to paid functions after an unsuccessful payment reminder until payment is received.

§ 6 Term and cancellation

1. Paid plans run for one month at a time and renew automatically for a further month unless cancelled before the end of the term. Cancellation is possible at any time with effect from the end of the current billing period, via the customer portal in the app or in text form to support@kongglo.com.
2. The free plan can be ended at any time by the Customer deleting their account.
3. The right to terminate for good cause remains unaffected.

§ 7 Customer obligations and content

1. The Customer is responsible for all content that it enters, uploads, has generated or publishes. It ensures that it has the necessary rights to texts, photos, logos and trademarks and that the persons shown have given their consent.
2. When using the Service, the Customer complies with the rules of the connected networks and with applicable law, in particular competition, trademark, copyright, personality and data protection law as well as labelling obligations for advertising.
3. Prohibited in particular are spam, misleading or unlawful content, circumventing quotas or technical protection measures, and automated access outside the intended functions.
4. If the Customer breaches these obligations, the Provider may block the content concerned and, in the case of serious or repeated breaches, block access or terminate the contract without notice. The Customer indemnifies the Provider against third-party claims based on a culpable breach of these obligations, including reasonable costs of legal defence.

§ 8 AI-generated content

1. Texts and images are generated with AI models from third-party providers. Results may be incorrect, incomplete or inappropriate and may resemble existing works. The Customer checks all content before publishing it.
2. To the extent that the Provider acquires rights in AI results, the Provider grants the Customer a simple (non-exclusive) right of use, unlimited in time and territory, for its business purposes. The Provider does not warrant that AI results are protectable by copyright or do not affect the rights of third parties.

§ 9 Rights of use in the Service and in Customer content

1. For the term of the contract, the Customer receives a simple (non-exclusive), non-transferable right to use the Service as intended.
2. The Customer grants the Provider the rights in its content that are necessary to provide the Service (e.g. storing, processing, transmitting to AI providers and connected networks). The Provider does not use Customer content beyond this.

§ 10 Liability

1. The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.
2. In the event of a slightly negligent breach of an essential contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely), liability is limited to the foreseeable damage typical for the contract, but no more than the fees paid by the Customer in the twelve months before the damaging event. Otherwise, liability for slight negligence is excluded.
3. For loss of data, the Provider is only liable for the effort that would have been required for recovery if the Customer had made regular backups appropriate to the risk.
4. For failures or changes of the interfaces of social networks and AI providers and for the consequences of published content, the Provider is only liable in accordance with paragraphs 1 and 2.

§ 11 Data protection

The Provider processes personal data in accordance with the Privacy Policy. Where the Customer processes personal data of third parties in the Service (e.g. photos of guests), the Provider processes this data as a processor on the Customer's instructions; on request, the Provider provides a data processing agreement under Art. 28 GDPR.

§ 12 Changes to these Terms

The Provider may change these Terms with effect for the future if this is necessary for objective reasons (e.g. changes in the law, new functions). Changes are communicated to the Customer in text form at least 30 days before they take effect. If the Customer does not object within this period, the changes are deemed accepted; the notice will point out this consequence. In the event of an objection, either party may terminate the contract as of the date the changes take effect.

§ 13 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, the place of jurisdiction is Munich.
3. Should any provision be invalid, the validity of the remaining provisions remains unaffected.