Terms of service

1. Scope and parties

These terms govern the use of the Postmint software-as-a-service application operated by Tobias Schäfer, BuildIT Consulting, Raiffeisenstraße 40, 67133 Maxdorf, Germany ("we", "us"). They apply to the exclusion of any conflicting or supplementary terms of the customer, unless we have agreed to them in writing.

Postmint is offered exclusively to entrepreneurs within the meaning of § 14 BGB, legal entities under public law, and special funds under public law. It is not offered to consumers (§ 13 BGB). By registering, you expressly confirm that you are acting in the course of your commercial, business, craft, or professional activity.

2. Conclusion of contract

The presentation of the service and the plans on our website is not a binding offer but an invitation to make an offer. By submitting the registration form you make an offer to conclude a usage agreement for a free account; the contract comes into being when we activate the account and send you the confirmation email. If you book a paid plan, you make an offer to conclude a subscription by submitting the order; the contract comes into being when we confirm the order or activate the plan.

You can correct your entries at any time before submitting. We store the contract text (these terms in the version applicable at the time of conclusion) and make it available to you in a storable form, as a file attached to the confirmation email. The contract is concluded in German.

3. The service

Postmint generates marketing images from a text description and your brand kit using third-party AI models. The specific scope of services follows from the plan you select and the service description on our website at the time of your order. We may develop the service further and change or discontinue individual features where this is reasonable for you, in particular for technical, legal, or security reasons.

4. Registration and account

To use the service you must register and provide accurate information. You are responsible for keeping your credentials confidential and are liable for all activity under your account. Accounts may not be shared with people outside your organisation. Please notify us immediately if you suspect misuse.

5. Plans, quotas, and prices

Each plan includes a fixed number of generations per billing period, as stated on our pricing page. Unused generations do not carry over into the next period. Once the quota is exhausted, generation is blocked until the next period begins or you upgrade your plan.

All prices are net prices and are subject to statutory VAT where applicable. Fees are payable in advance for each billing period.

6. Payment

Payments are processed via Stripe. You authorise us to charge the payment method you have stored with the recurring fee for your plan at the start of each billing period. If a payment fails, we may block access to paid features until payment is made. Statutory claims to default interest and collection costs remain unaffected.

7. Term, termination, and refunds

Monthly plans run for one month and renew automatically for one further month at a time; annual plans run for twelve months and renew automatically for twelve further months at a time — in each case unless terminated before the end of the current period.

For monthly plans, termination takes effect at the end of the month paid for; no pro-rata refund is made. For annual plans you may terminate at any time; in that case we refund the fees for the full months of the current annual period that have not yet begun, on a pro-rata basis. The month in progress is not refunded.

You can terminate at any time in the billing area of the application or by email to contact@postmint.de. Either party's right to terminate for good cause remains unaffected.

Free accounts may be used without a time limit; we may terminate them on 30 days' notice, and without notice in the event of misuse.

8. Rights in the generated designs

You retain all rights in the content you provide (prompts, logos, brand material). You grant us a non-exclusive right to use that content solely to operate the service, including transmitting it to our AI providers for the purpose of generating your designs.

As between you and us, you may use the generated designs freely, including commercially. To the extent that we hold any rights in a generated design, we grant you a simple (non-exclusive) right of use in it upon generation, unlimited in time and territory.

You acknowledge that AI-generated output may not be protected by copyright, that similar inputs may produce similar or identical output for other customers, and that we therefore cannot warrant exclusivity, originality, or freedom from third-party rights. You are responsible for checking a design against trade mark, copyright, and unfair competition law before publishing it.

9. Use as a reference

You grant us the non-exclusive, revocable right to name designs generated with Postmint, as well as your name and logo, as a reference — in particular on our website, in presentations, and on social media. We will not show a design before you have published it yourself; we do not use unpublished campaigns.

You may object to this use at any time and without giving reasons, by email to contact@postmint.de. Following your objection we will remove the content concerned from our own media within a reasonable period.

10. Acceptable use

You may not use Postmint to generate or distribute content that:

• infringes third-party rights, in particular trade mark, copyright, or personality rights;
• is unlawful, misleading, or defamatory, or incites hatred or violence;
• impersonates another person or organisation;
• violates the usage policies of our AI providers.

You may not attempt to circumvent quotas or rate limits, reverse-engineer the service, or use it to build a competing product. We may block content and suspend accounts that violate this section.

11. Availability

We operate the service with due care but do not owe any particular level of availability. Scheduled maintenance, as well as outages at our AI providers, in the datacentre, or elsewhere on the internet, may cause temporary interruptions. We do not offer a service level agreement.

12. Warranty

Statutory warranty law applies, on the understanding that the service is provided in its respective current version. We do not warrant that generated designs are fit for a particular purpose, factually correct, aesthetically satisfactory, or free from third-party rights. Strict liability for defects existing at the time the contract was concluded (§ 536a (1) alt. 1 BGB) is excluded.

13. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body, or health, and under the German Product Liability Act.

In cases of slight negligence we are liable only for breach of a material contractual obligation (an obligation whose fulfilment is essential to the proper performance of the contract and on whose observance the customer regularly relies). In that case liability is limited to the damage typical for this type of contract and foreseeable at the time it was concluded.

Liability for slight negligence is otherwise excluded. We are liable for loss of data only to the extent that the loss would also have occurred had you backed up your data properly and regularly. We are not liable for the consequences of your publishing a generated design.

14. Indemnity

You will indemnify us against third-party claims arising from content you provide or designs you publish, unless you are not responsible for the infringement. This includes the reasonable costs of legal defence.

15. Data

We describe our processing of personal data in our privacy policy. If you enter third parties' personal data into the service, you are the controller and we act as your processor; a data processing agreement is available on request.

After the contract ends we delete your content in accordance with the retention periods in the privacy policy. Export what you need before your account ends.

16. Changes to these terms

We may change these terms with effect for future billing periods. Amended terms will be communicated to you in text form at least 30 days before they are intended to take effect, and they apply only if you expressly agree to them — for example by confirming them in the application. Your silence does not constitute agreement.

If you do not agree to the amended terms, your contract continues on the existing terms until the end of the current billing period. In that case we may terminate the contract with effect from the end of the current billing period.

17. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

Should any provision of these terms be or become invalid, the validity of the remaining provisions remains unaffected.

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This is a translation for convenience. In the event of any discrepancy, the German version of these terms prevails.