UpscalleThis translation is provided for convenience. The German version is legally binding.
1. Scope
These terms apply to all contracts between Upscalle (Upscalle (owner: Nico Schmidt)) and its clients, both businesses within the meaning of Section 14 of the German Civil Code (BGB) and consumers within the meaning of Section 13 BGB. Deviating terms of the client only apply if we expressly agree to them.
2. Services
We set up and operate an automated system for social media channels with reels and posts (finding topics, selection, design, planning, publishing, analytics). The exact scope results from the chosen package on the Pricing page or from the offer.
3. Conclusion of contract
The presentation of the packages on our website is not yet a binding offer. Online, the client orders as follows: choose a package, enter details, confirm these terms and click "Order with obligation to pay". This is a binding offer. Before clicking, all details can be checked and corrected. The contract is concluded when the payment of the setup fee through our payment service Stripe succeeds; we confirm this on the "Welcome" page, the receipt arrives by email. Alternatively, a contract is concluded by an individual offer and its acceptance. The contract language is German. We store the contract text; these terms are always available on this page.
4. Prices and payment
The prices on the Pricing page are net prices plus statutory VAT (19%); for consumers, the prices including VAT are shown as well. The setup fee is due once with the order. The monthly fee starts 21 days after the order and is charged monthly in advance. Payment is made through Stripe, for example by card or SEPA direct debit. Invoices are provided electronically.
5. Term and cancellation
The minimum term is three months from the start of the monthly fee. After that, the contract renews by one month at a time and can be cancelled monthly as of the end of the current billing month. The client can cancel in text form (for example by email) or directly via Cancel contracts here. The right to extraordinary termination for good cause remains unaffected. After the end, the client receives their data and posts in full.
6. Right of withdrawal for consumers
Consumers have a 14-day right of withdrawal according to the withdrawal policy. If the consumer requests that we start before the withdrawal period ends and then withdraws, they pay a pro rata amount for the services provided up to then.
7. Cooperation
The client provides access to their accounts, brand material and feedback during the trial run. Access data is only shared through secure channels. The client provides complete and correct information in the portal setup.
8. Content and rights
We use third-party material only according to the agreed rules (in particular quotation and reporting rights, source attribution, license terms). If a rights holder objects, we take the affected post down within 24 hours.
9. Liability
We are liable without limitation for intent and gross negligence, for damage from injury to life, body or health and under the Product Liability Act. For slight negligence we are only liable for breach of essential contractual obligations and limited to the foreseeable damage typical for the contract. We are not liable for decisions of the platforms (for example reach or blocks).
10. Data protection
How we process data is described in the privacy policy. Where we process personal data on behalf of a business, we conclude a data processing agreement under Art. 28 GDPR.
11. Dispute resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
12. Final provisions
German law applies. Towards consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the state of their habitual residence. Place of jurisdiction for merchants is our registered office.