1. Parties and Agreement
These Terms and Conditions ("Terms") govern access to and use of the xlr8 software-as-a-service platform, websites, applications, dashboards, APIs, and related features (collectively, the "Service" or "Platform"), provided by xlr8 ("xlr8", "we", "us", "our").
These Terms constitute a legally binding agreement between xlr8 and any individual or legal entity who accesses or uses the Service ("Customer", "User", "you", or "your"). If you are using the Service on behalf of a company, you represent and warrant that you have authority to bind that company, and "you" includes that company.
By creating an account, starting a trial, subscribing to a paid plan, or otherwise using the Service, you agree to these Terms to the exclusion of all other terms. If you do not agree, you must not access or use the Service.
We expressly reject any terms and conditions supplied by you (e.g. procurement or purchase order terms). Any such terms are void unless we explicitly accept them in writing signed by us.
2. Description of the Service
xlr8 is an AI-powered marketing and content operating system designed to optimize and automate content strategy, social media publishing, audience insights, and performance analytics.
The specific features available to you depend on your subscription plan, selected add-ons, and access level.
We may modify, improve, suspend, or discontinue parts of the Service at any time, provided we do not materially degrade the core functionality of your current paid plan.
Certain features depend on Third-Party Services (e.g. LinkedIn, Meta, X/Twitter, YouTube, or OpenAI). We do not control these and are not liable for their availability or policy changes.
You remain solely responsible for reviewing and approving any AI-generated content before publication.
3. Account Registration and Security
You must create an account ("Account") to access most features. You agree to provide accurate, up-to-date information and keep your credentials secure. You are fully responsible for all activity under your Account, including by authorized team members. We may verify your identity or payment details to prevent fraud or misuse. We may suspend or close inactive or non-compliant Accounts.
4. Eligibility and Business Use
You must be at least 18 years old (or legal age in your jurisdiction) to use the Service. If you use the Service on behalf of an organization, you confirm you have authority to bind it. Use of the Service must comply with applicable law, export controls, and sanctions regulations.
5. Subscription Plans, Fees, Billing, and Taxes
Access is provided through paid subscriptions (monthly, annual, or otherwise). By selecting a paid plan, you authorize us (and our payment processors) to charge applicable fees plus taxes in advance. Subscriptions renew automatically at the end of each billing period unless cancelled in your Account settings. Cancellations take effect at the end of the current paid term. No prorated or partial refunds are provided unless required by law. Prices and features may change; we will notify you before your next renewal. Continued use after the change constitutes acceptance. Fees are non-refundable and non-creditable, including for unused time, downgrades, or termination. You agree not to issue chargebacks without first contacting us to resolve disputes. Unauthorized chargebacks may result in suspension or termination.
6. Trials and Promotional Access
Free or discounted trials may be offered at our discretion and can be revoked at any time. Trials may automatically convert to paid plans if you provide billing details and are notified in advance. No refunds are granted for unused trial periods.
7. Acceptable Use Policy
You agree to prevent unauthorized access, keep credentials confidential, monitor usage, and report suspected security issues.
You agree not to:
1. Upload or generate unlawful, infringing, defamatory, discriminatory, obscene, or deceptive content;
2. Violate advertising, IP, or platform rules;
3. Reverse engineer, copy, resell, or exploit the Service without authorization;
4. Overload or disrupt the system;
5. Use xlr8 to train a competing product or AI model.
We may remove content or suspend accounts violating this policy.
8. Intellectual Property
All intellectual property rights in and to the Service remain the exclusive property of xlr8 or its licensors. You receive a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business during the subscription term. You own your own uploaded materials and AI-generated outputs, subject to your legal compliance. You grant xlr8 the right to use anonymized and aggregated data for analytics and product improvement.
9. Confidentiality
Both parties shall keep confidential information secret and use it only for the purpose of providing or using the Service. Disclosure is allowed only to those who must know and are bound by confidentiality obligations.
10. Third-Party Services and Integrations
Third-Party Services (e.g. social networks, analytics, cloud storage) are governed by their own terms. We are not responsible for their availability, data use, or policy changes. If a Third-Party Service becomes unavailable, related features may be modified or disabled without refund.
11. Beta and Experimental Features
Beta or experimental features are provided "as is", without warranty and at your own risk. They may change or be withdrawn at any time.
12. Service Availability and Support
We strive for reliable performance but do not guarantee uninterrupted access. Maintenance, force-majeure events, or third-party outages may cause downtime. Additional support or professional services may be subject to separate agreements.
13. Warranties and Disclaimers
The Service is provided "as is" and "as available" without any warranties, express or implied. We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. No business results, sales, or social media performance are guaranteed.
14. Limitation of Liability
Nothing limits liability for death, personal injury, or gross negligence. To the fullest extent permitted by law, xlr8 is not liable for indirect, consequential, or punitive damages, lost profits, or data loss. Our total aggregate liability shall not exceed the fees you paid to xlr8 in the 12 months preceding the claim.
15. Indemnification
You agree to defend and hold harmless xlr8, its officers, and employees from any claims arising from your use of the Service or generated content, your violation of law or third-party rights, or disputes between you and any Third-Party Service or end user.
16. Data Protection and Privacy
xlr8 processes personal data in accordance with the EU GDPR and our Privacy Policy. If xlr8 acts as a processor on your behalf, a separate Data Processing Agreement (DPA) applies. You are responsible for ensuring you have lawful rights to submit and process all data via the Service.
17. Term, Suspension, and Termination
These Terms remain in effect until terminated. We may suspend or terminate access immediately if you breach these Terms, fail to pay, or use the Service unlawfully. Upon termination, access ends immediately; fees already paid are non-refundable; we may allow temporary export of your data. Provisions that by nature should survive (e.g. IP, confidentiality, liability, indemnification) remain valid.
18. Amendments
We may update these Terms from time to time. Material changes will be announced at least 30 days in advance (e.g. by email or in-app notice). Continued use after the effective date constitutes acceptance. If you disagree, you may terminate before the new Terms take effect.
19. Governing Law and Jurisdiction
These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Exclusive place of jurisdiction is Berlin, Germany, if you are a merchant under the German Commercial Code. If you are a consumer, statutory jurisdiction rules apply.
20. Miscellaneous
Entire Agreement: These Terms and any DPA or Order Form constitute the full agreement between you and xlr8.
No Waiver: Failure to enforce any right is not a waiver.
Severability: Invalid clauses are replaced by valid ones reflecting the original intent.
Assignment: You may not assign rights or obligations without our written consent.
Force Majeure: We are not liable for delays due to events beyond our control.
Notices: Legal notices must be sent in writing to:
Sven Böttger
xlr8
Kollwitzstraße 30
10405 Berlin, Germany
Email: contact@getxlr8.ai
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