Draft: this document is currently under legal review and not yet in force.

Terms of service

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These terms apply to the use of ShowBits Cloud. ShowBits is offered exclusively to businesses.

This English version is a translation for your convenience. Only the German version is legally binding.

1. Scope

These terms apply to all contracts for the use of ShowBits Cloud between HBC Hohn Business Consulting UG (haftungsbeschränkt), Lerchenstraße 7, 14089 Berlin (“we”) and our customers.

Our services are offered exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. By registering, the customer confirms that they are acting in the course of their commercial or independent professional activity.

Deviating terms of the customer apply only if we have expressly agreed to them in text form. Individual agreements, in particular enterprise contracts, take precedence over these terms. ShowBits OnPremise is governed by a separate licence agreement.

2. Services

ShowBits is software that analyses audio and video content and creates clips, subtitles, thumbnails, copy and other assets from it, which the customer can approve, schedule and publish. We provide ShowBits Cloud as software as a service over the internet and operate it in data centers in the EU.

The scope of services depends on the plan booked and the service description on our website valid at the time the contract is concluded. We continuously develop ShowBits and may change features as long as the essential features of the booked plan are retained.

Availability commitments apply only where agreed in a service level agreement for enterprise customers. Where possible, we carry out maintenance without interruption.

3. Conclusion of contract and account

The contract is concluded when the customer books a plan and we confirm the booking or provide the service. Enterprise and OnPremise contracts are concluded by signing an offer.

The customer provides truthful information when registering, keeps their access credentials secret and is responsible for the actions of the users they give access to.

4. Trial

New customers can try ShowBits free of charge for 14 days. No payment details are required for the trial. It ends automatically and does not turn into a paid contract.

If the customer does not book a plan by the end of the trial, we delete the content of the trial account 30 days after the trial ends.

5. AI-generated results

Clips, subtitles, translations, copy and scores are created with the help of artificial intelligence. They may contain errors or render statements in shortened form.

The customer reviews all results before publication. ShowBits only publishes content approved by the customer. The customer is responsible for published content.

6. Customer content

The customer ensures that they hold all rights to the content uploaded and published, in particular to image, sound and music recordings and to the personality rights of the people shown, and that the content does not violate applicable law.

The customer grants us the rights required to provide the services, in particular to store, analyse, edit and publish according to their instructions. We do not use customer content for any other purpose and never to train or improve AI models.

The customer indemnifies us against third-party claims based on an infringement by their content and bears the reasonable costs of legal defence, provided the customer is responsible for the infringement.

7. Integrations and own AI accounts

ShowBits can be connected to third-party services such as file storage and social media platforms. Their use is subject to the terms of the respective providers. We are not responsible for the availability of these services and their interfaces or for changes to them.

If the customer connects their own accounts with AI providers, the relevant content is processed on the basis of the contract between the customer and that provider. The customer bears the costs incurred there.

8. Quotas, credits and clients

Each plan includes a monthly quota of minutes of video input and video output. Unused quota expires at the end of the billing month.

For usage beyond the quota, the customer can purchase AI credit packs. Credits are valid for 12 months from purchase and are non-refundable. Additional clients on the Business plan are charged monthly according to the price list.

9. Prices and payment

The prices stated on our website at the time the contract is concluded apply. All prices are exclusive of statutory VAT.

Plans are billed in advance, monthly or annually. With annual billing we grant a 20% discount on the monthly list price. Invoices are due immediately upon receipt.

We may change prices for ongoing contracts with effect from the next billing period. We announce changes at least 6 weeks in advance in text form. The customer may then terminate the contract effective on the date the change takes effect.

10. Term and termination

Plans billed monthly run for an indefinite period and can be terminated at any time with effect from the end of the current billing month.

Plans billed annually have a term of 12 months. They renew for a further 12 months unless terminated with 1 month's notice before the end of the term.

Termination is possible in text form, for example by email to hello@showbits.ai, or in the account settings. The right to terminate for good cause remains unaffected.

11. Data at the end of the contract

The customer can export their content until the end of the contract. Afterwards we delete the content after 30 days and backups after 90 days at the latest, unless statutory retention obligations apply.

12. Data protection

Where we process personal data on behalf of the customer, our data processing agreement (DPA) applies. It forms part of this contract. Our privacy policy applies to processing on our website.

13. Confidentiality

Both parties treat confidential information of the other party, in particular unreleased content, as confidential and use it only to perform this contract. This obligation continues after the contract ends.

14. Liability

We are 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 we have given.

In cases of slight negligence, we are liable only for breach of an essential contractual obligation, the fulfilment of which makes proper performance of the contract possible in the first place and on whose fulfilment the customer may regularly rely. In this case liability is limited to the foreseeable damage typical for this type of contract.

Strict liability for defects existing at the time the contract is concluded (§ 536a(1) BGB) is excluded. For loss of data we are liable only for the effort that would have been required to restore it had the customer backed up the data properly.

15. Changes to these terms

We may change these terms with effect for the future if this is necessary for legal, technical or economic reasons and does not significantly shift the balance between performance and consideration. We announce changes at least 6 weeks before they take effect in text form.

If the customer does not object before the changes take effect, they are deemed accepted. We point out this consequence in the announcement. If the customer objects, either party may terminate the contract effective on the date the change takes effect.

16. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Berlin.

Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected. The German version of these terms is authoritative.