Terms of Service

1. Agreement to Terms

By accessing or using our service, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you may not use our service.

These Terms of Service ("Terms") govern your access to and use of our website, products, and services (collectively, the "Service") provided by Maximilian Winter ("we", "us", or "our").

2. Service Description

Our Service provides social media analytics and management tools designed to help businesses and individuals track, analyze, and optimize their social media presence.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time without prior notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. Account Registration and Security

3.1 Account Creation

To access certain features of our Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate and current
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

3.2 Eligibility

You must be at least 18 years old to use our Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

4. Acceptable Use Policy

You agree to use our Service only for lawful purposes and in accordance with these Terms. You specifically agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Upload, transmit, or distribute any malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) without our express written permission
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest personal information from other users
• Use the Service for any illegal, fraudulent, or abusive purpose

Violation of this Acceptable Use Policy may result in immediate termination of your account and access to the Service.

5. Subscription and Billing

5.1 Subscription Plans

Our Service offers various subscription plans with different features and pricing. Details about available plans, features, and pricing are available on our website.

5.2 Payment Terms

• Billing Cycle: Subscriptions are billed on a recurring basis (monthly or annually) depending on your selected plan
• Payment Method: You must provide valid payment information and authorize us to charge your payment method
• Automatic Renewal: Subscriptions automatically renew unless cancelled before the renewal date
• Price Changes: We may change subscription prices with 30 days advance notice

5.3 Refunds and Cancellation

• You may cancel your subscription at any time through your account settings
• Cancellations take effect at the end of the current billing period
• No refunds are provided for partial billing periods, except as required by law
• We reserve the right to issue refunds or credits on a case-by-case basis

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Service, including its design, features, functionality, content, and underlying technology, is owned by us and protected by copyright, trademark, patent, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your personal or internal business purposes, subject to these Terms.

6.2 User Content

You retain ownership of any content you submit, upload, or display through the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, process, and display your User Content solely to provide and improve the Service.

You represent and warrant that you own or have the necessary rights to all User Content and that your User Content does not violate any third-party rights.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of non-infringement
• Warranties regarding accuracy, reliability, or availability
• Warranties that the Service will be uninterrupted or error-free

We do not warrant that the Service will meet your requirements or that any errors will be corrected. Use of the Service is at your own risk.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR €100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content

10. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Violation of our Acceptable Use Policy
• Fraudulent or illegal activity
• Non-payment of fees
• At your request

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, warranty disclaimers, and limitations of liability.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be resolved through good faith negotiations. If negotiations fail, disputes shall be subject to the exclusive jurisdiction of the courts in Berlin, Germany.

For EU consumers, nothing in these Terms affects your mandatory statutory rights, including the right to bring proceedings in your country of residence.

12. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last updated" date at the top
• Notify you via email or through the Service
• Provide you an opportunity to review the updated Terms

Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

13. General Provisions

13.1 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

14. Contact Information

If you have any questions about these Terms, please contact us:

Email: contact@bloomboard.app
Address: Maximilian Winter, Naugarder Strasse 35, 10409 Berlin, Germany