General Terms and Conditions
These terms govern the use of the art8 platform, operated by smolderBlu UG (haftungsbeschränkt).
§ 1 Scope
(1) These General Terms and Conditions apply to all contracts between smolderBlu UG (haftungsbeschränkt), Leonorenstr. 57, 70597 Stuttgart (hereinafter 'Provider') and the customer regarding the use of the art8 platform.
(2) Deviating conditions of the customer are not recognized unless the Provider expressly agrees in writing.
(3) The contract language is German.
§ 2 Subject matter
(1) art8 is a Software-as-a-Service (SaaS) platform for measuring and optimizing the visibility of brands, companies and products in AI systems.
(2) The exact scope of features depends on the selected plan (Starter, Base, Rise, Evolve). Details of each plan are available on the pricing page.
(3) The Provider makes the platform available with 99% availability on an annual average.
§ 3 Contract conclusion & registration
(1) The presentation of services on the website does not constitute a binding offer.
(2) By registering and confirming the terms, the customer submits a binding offer. The contract is concluded upon account activation.
(3) The customer must be of legal age and have legal capacity.
§ 4 Prices & payment
(1) The prices indicated at the time of order apply. All prices are in Euro plus applicable VAT.
(2) Billing is monthly or annually in advance.
(3) Payment is made by credit card or other offered methods via Stripe.
(4) In case of payment default, the Provider may block access.
§ 5 Contract duration & cancellation
(1) The free trial (Starter) lasts 7 days. After expiration, it automatically converts to the Base plan unless cancelled beforehand.
(2) Paid plans (Base, Rise, Evolve) have a minimum term of one month and renew automatically for another month unless cancelled in time.
(3) Cancellation is possible at any time at the end of the current billing period via account settings or email to backoffice@smolderblu.com.
(4) The right to extraordinary termination for good cause remains unaffected.
(5) After contract termination, customer data will be deleted within 30 days.
§ 6 Right of withdrawal for consumers
Consumers have a 14-day right of withdrawal.
Withdrawal instructions
You have the right to withdraw from this contract within fourteen days without giving any reason.
To exercise your right, you must inform us (smolderBlu UG, Leonorenstr. 57, 70597 Stuttgart, backoffice@smolderblu.com) by means of a clear statement (e.g. email).
To meet the deadline, it is sufficient to send the notice before expiry of the withdrawal period.
The right of withdrawal expires prematurely for digital content if the customer has expressly agreed that performance begins before the withdrawal period expires.
§ 7 Customer obligations
(1) The customer must keep login credentials confidential.
(2) Use of the platform is permitted exclusively for lawful purposes. It is prohibited to:
- Use the platform to distribute unlawful content
- Conduct automated access without authorization
- Impair the platform or its infrastructure
- Read data of other users without authorization
(3) In case of violations, the Provider may block access and terminate the contract.
§ 8 Liability
(1) The Provider is liable without limitation for intent and gross negligence.
(2) For slight negligence, liability is limited to foreseeable, contract-typical damage.
(3) Liability for data loss is limited to typical recovery costs.
(4) The above limitations do not apply to fraudulent concealment of defects.
§ 9 Intellectual property
(1) All rights to the platform remain with the Provider.
(2) The customer receives a simple, non-transferable right of use.
(3) Data entered by the customer remains the customer's property.
§ 10 Data protection
The processing of personal data is carried out in accordance with our Privacy Policy.
§ 11 Changes to the terms
(1) The Provider may change these terms with 4 weeks' notice.
(2) The customer will be informed by email. If no objection within 4 weeks, the new terms are accepted.
(3) In case of objection, the Provider may terminate the contract.
§ 12 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN CISG.
(2) The place of jurisdiction is Stuttgart for merchants.
(3) Should individual provisions be invalid, the remaining provisions remain unaffected.
(4) The EU Commission provides an online dispute resolution platform: ec.europa.eu/consumers/odr. We are neither willing nor obligated to participate in dispute resolution proceedings.
§ 13 Contact
Questions about these terms please direct to: backoffice@smolderblu.com