These General Terms and Conditions of Chatbyte GmbH ("Provider"), Gertigstraße 69, 22303 Hamburg, Germany, support@shortspilot.ai, govern the use of the web application shortspilot.ai ("Application", "shortspilot" or "shortspilot.ai"). Use of the Application is permitted only on the basis of these Terms and the Privacy Policy available at https://www.shortspilot.ai/privacy‑policy.

Disclaimer

The Provider transmits certain request data to third‑party service providers, in particular Microsoft Corporation and OpenAI, for the purpose of providing artificial‑intelligence functionality. Some or all of your data may therefore be stored on servers operated by these third parties. Never submit personal, private or otherwise sensitive data to the Application.

General Consent

By using the Application I consent to the processing of all data I enter, including personal or sensitive information ("any data"). I further consent to the transfer of any data collected about me to the following third parties for the sole purpose of providing the functions of the Application and analysing its usage:

• Microsoft Corporation
• Neon Inc.

I may revoke this consent at any time with future effect by written notice (e‑mail to support@shortspilot.ai). I understand that revocation will immediately terminate my access to the Application.

Repeated Consent on Submission

For each submission I make in the Application, I consent to the entire content of that submission being

• transmitted to Microsoft Corporation, and
• stored on servers operated by Neon Inc.

Again, the sole purpose is to provide the functions of the Application.

Terms and Conditions

§ 1 Scope and Definitions

(1) These Terms in the version valid at the time of the order apply exclusively to the contractual relationship between the User and the Provider. Deviating terms are not recognised unless the Provider expressly agrees to them in writing.

(2) "User" means any natural person or legal entity that registers for or otherwise uses the Application. A consumer is any natural person who concludes the contract for purposes that are predominantly outside that person’s trade, business or profession (§ 13 BGB).

§ 2 Conclusion of Contract

(1) Users may register via the web interface by providing an e‑mail address and password ("Access Data") or via a supported OAuth provider. By clicking the sign‑up button, the User submits a binding offer to conclude a user contract and simultaneously accepts these Terms, the Privacy Policy and the Cookie Policy.

(2) The Provider accepts the offer either by confirmation e‑mail or, at the latest, by granting access to the authenticated area of the Application.

(3) The Application may only be used by persons aged 16 years or older. Users aged 16–18 require the consent of their legal guardians.

§ 3 Features and Usage of the Application

(1) The Application offers AI‑assisted generation and processing of short videos ("shorts"). Users may upload their own content for this purpose.

(2) Main features include, inter alia:

• generating shorts based on User submissions, and
• scheduling automatic uploads of shorts.

(3) The Provider assumes no liability for the accuracy of generated output, which is created by third‑party AI systems.

(4) Access is possible only via an up‑to‑date internet browser and device. The User bears any connection costs.

(5) Availability: 24 hours per day except during (a) times beyond the Provider’s control and (b) scheduled maintenance (announced at least 48 hours in advance).

(6) The Provider may further develop the Application at any time and may suspend, restrict or terminate access without prior consent of the User.

(7) The Application may be used only for the User’s own purposes; resale or sublicensing is prohibited.

(8) Automated access (bots, scripts, etc.) is not permitted. Only the official web interface may be used.

(9) Users must refrain from any unlawful content, personal data, spam or disruptive actions. The Provider may delete content that violates these rules.

(10) Third‑party integrations include Microsoft Corporation, OpenAI, Google and YouTube. Use of the Application therefore requires compliance with, inter alia:

• YouTube Terms of Service (https://www.youtube.com/t/terms)
• Google Privacy Policy (https://www.google.com/policies/privacy)
• Microsoft Services Agreement (https://www.microsoft.com/en‑us/servicesagreement/)
• OpenAI Terms of Use (https://openai.com/policies/terms‑of‑use)

§ 4 Right of Withdrawal for Digital Content

(1) Statutory right of withdrawal Consumers (§ 13 BGB) have the right to withdraw from this contract within 14 days without giving any reason (§ 312g I BGB).

(2) Commencement of the period The withdrawal period is 14 days from the date of conclusion of the contract.

(3) Exercise of the right To exercise the right, the Consumer must inform the Provider (Chatbyte GmbH, Gertigstraße 69, 22303 Hamburg, Germany, support@shortspilot.ai) of the decision to withdraw by means of a clear statement (e.g. letter or e‑mail). Dispatch before expiry of the period is sufficient.

(4) Consequences of withdrawal If the Consumer withdraws, the Provider will reimburse all payments received, including delivery costs (except additional costs due to non‑standard delivery), without undue delay and at the latest within 14 days after receipt of the withdrawal notice, using the same payment method unless expressly agreed otherwise.

(5) Premature expiry (§ 356 V BGB) The right of withdrawal expires once

• (a) the Consumer has expressly requested that the Provider begin performance of the contract before the withdrawal period ends, and
• (b) has acknowledged that the right of withdrawal is lost once performance begins.

The Provider records the Consumer’s request and acknowledgement by means of an unticked check‑box during checkout and stores the declarations on a durable medium.

§ 5 Subscriptions, Prices and Payments

(1) Use of the Application is subject to subscription plans. Duration, scope and prices correspond to the plan selected at checkout; all prices include VAT.

(2) Minimum terms: monthly (1 month), half‑yearly (6 months) or annual (12 months), each renewing automatically for the same term until cancelled.

(3) The Provider may adjust prices in line with changes in overall costs or feature scope. Adjustments take effect only at the start of the next renewal period, which the User may cancel in accordance with § 6 (1). The User will be notified in advance.

(4) Subscription fees are due in advance at the start of each term. The User authorises the Provider to collect fees via the payment method stored in the user profile.

(5) Invoices are sent electronically by e‑mail.

(6) If a fee cannot be collected within 30 days, the User is in default and the account will be blocked. The obligation to pay continues. The account will be unblocked once the outstanding amount is settled. Statutory default interest applies.

(7) Chargebacks caused by unauthorised payments will be charged back to the User.

§ 6 Termination

(1) The User may cancel a subscription or add‑on service at any time up to the last day of its term via the user profile. Without cancellation, the subscription renews for the term selected pursuant to § 5 (2).

(2) Either party may terminate for good cause. Good cause for the Provider includes non‑payment of fees or material breach of these Terms not remedied after notice.

(3) Until the end of the term the User retains full access. Stored data will be retained and remain accessible thereafter.

§ 7 Provision of Storage Space

(1) The Provider supplies storage space solely for use within the Application.

(2) The Provider may delete videos 60 days after upload. Users must download content they wish to keep.

(3) Sub‑licensing storage space to third parties is prohibited.

(4) The Provider may block access if there is reasonable suspicion that stored data is unlawful or infringes third‑party rights.

§ 8 Data Protection

(1) Compliance with GDPR
The Provider processes personal data in accordance with the General Data Protection Regulation (GDPR) and applicable German data‑protection laws.

(2) Privacy Policy
Detailed information about the processing of personal data, including the nature, scope and purposes of processing, is available in our Privacy Policy at https://www.shortspilot.ai/privacy‑policy.

(3) Legal Basis for Processing
The legal bases for processing personal data include user consent, performance of a contract and legitimate interests pursued by the Provider.

(4) Data Transfers to Third Countries
Personal data may be transferred to countries outside the European Economic Area (EEA), including the United States. Such transfers are conducted in compliance with the GDPR, using appropriate safeguards such as Standard Contractual Clauses.

(5) User Rights
Users have the right to access, rectify, erase, restrict processing, data portability and object to the processing of their personal data. Users can exercise these rights by contacting us at support@shortspilot.ai.

(6) Withdrawal of Consent
Users may withdraw their consent to data processing at any time without affecting the lawfulness of processing based on consent before its withdrawal.

(7) Data Retention
Personal data is retained only as long as necessary for the purposes outlined in the Privacy Policy or as required by law.

§ 9 Liability

(1) Claims for damages are excluded except for

• injury to life, body or health,
• breach of essential contractual obligations (cardinal obligations), and
• intentional or grossly negligent breaches by the Provider.

(2) For breaches of cardinal obligations caused by simple negligence, liability is limited to typical, foreseeable damages.

(3) The Provider is not liable for actions taken by social‑media platforms against the User’s accounts.

(4) The above limitations also benefit the Provider’s legal representatives and agents.

§ 10 No Guarantee of Results

The Provider makes no warranty regarding performance, success, views, income or growth of social‑media channels arising from use of the Application.

§ 11 Indemnification

The User shall indemnify and hold harmless the Provider from any claims by third parties arising from the User’s intentional or negligent violation of these Terms or infringement of third‑party rights.

§ 12 Amendments of these Terms

(1) The Provider may amend these Terms with future effect. Amendments will be communicated in the Application or by e‑mail, stating the date they take effect.

(2) The User may object within two weeks. In case of objection, either party may terminate the contract; termination takes effect on the effective date of the amendment.

§ 13 Express Request & Waiver of Withdrawal Right

(1) The statutory withdrawal instruction is contained in § 4.

(2) Checkbox declaration By ticking the checkbox labelled

“I expressly request Chatbyte GmbH to start delivering the digital content immediately and acknowledge that I will lose my statutory 14‑day right of withdrawal once performance has begun.”

the User (i) expressly requests immediate performance and (ii) acknowledges the loss of the right of withdrawal as soon as performance begins (§ 356 V BGB).

(3) No reimbursement after start of service If the User has provided the declaration in (2) and the Provider has begun performance, a later withdrawal is legally ineffective and payments already made will not be refunded.

§ 14 Intellectual Property Rights

(1) Users retain all rights to content they submit ("User Content").

(2) By submitting User Content, Users grant the Provider a non‑exclusive, worldwide, royalty‑free, transferable and sub‑licensable licence to use such content solely to provide and improve the services.

(3) Users warrant that they have all rights necessary for the above licence and that the User Content does not infringe third‑party rights.

(4) All rights to the Application itself remain with the Provider.

§ 15 Compliance with Third‑Party Platforms

Users are solely responsible for ensuring that their use of the Application and generated content complies with the terms and policies of any third‑party platforms on which the content is used. The Provider is not responsible for any actions taken by third‑party platforms against the User.

§ 16 Final Provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the User is a consumer with habitual residence in another country, mandatory consumer‑protection provisions of that country also apply.

(2) If the User is a merchant, legal entity under public law or special fund under public law, the place of jurisdiction is the Provider’s registered office.

(3) Should individual provisions be invalid, the remaining provisions remain in force. Statutory law shall replace invalid provisions. If replacement is unreasonable for a party, the contract becomes ineffective as a whole.

(4) The European Commission provides a platform for online dispute resolution (ODR) at https://ec.europa.eu/consumers/odr/. The Provider is neither obligated nor willing to participate in dispute‑resolution proceedings before a consumer arbitration board.

Annex 1 – Model Withdrawal Form

(complete and return this form only if you wish to withdraw from the contract)

— To Chatbyte GmbH, Gertigstraße 69, 22303 Hamburg, Germany, support@shortspilot.ai
— I/We () hereby withdraw from my/our () contract for the provision of the following digital content ()
— Ordered on () / received on (*)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if this form is submitted on paper)
— Date
(*) Delete as appropriate.