1. Provider and scope

These general terms and conditions (hereinafter "GTC") apply to all legal relationships between the provider and the users of the "PostExpert" software.

The provider is:

Stefan Fischnaller
Mentlgasse 5
6020 Innsbruck
Austria
Email: info@postexpert.de

PostExpert is operated as a cloud-based software-as-a-service platform (SaaS) under the brand of the same name, "PostExpert". The "PostExpert" brand is purely a business designation of the provider and is currently not registered as a trademark.

These GTC apply both to entrepreneurs within the meaning of § 1 of the Austrian Commercial Code (UGB) and to consumers within the meaning of the Austrian Consumer Protection Act (KSchG), unless individual provisions expressly apply only to entrepreneurs or only to consumers.

By way of derogation from the foregoing, the provider currently concludes contracts exclusively with entrepreneurs within the meaning of § 1(1)(1) of the Austrian Consumer Protection Act (KSchG). Contracts with consumers are excluded; there is no claim to the conclusion of a contract in this respect. The ordering process therefore requires a valid VAT identification number (UID number, in Italy partita IVA) to be provided.

For as long as this exclusion applies, those provisions of these GTC that expressly concern consumers — in particular the consumer provisions in sections 3, 4, 7, 8, 9, 13, 16, 18, 19 and 20 — have no subject matter in the absence of consumers. They deliberately remain part of these GTC and apply again without further amendment as soon as the provider opens up the conclusion of contracts with consumers. In themselves they do not give rise to any right of a consumer to conclude a contract.

If, in an individual case, a contract is nevertheless concluded with a consumer — for example because the customer gave incorrect information about their status as an entrepreneur — the consumer-related provisions of these GTC and the mandatory provisions of consumer law apply to them without restriction. The above exclusion does not change this.

Mandatory consumer law provisions take precedence over these GTC in all cases. Where the customer is a consumer, the provisions of these GTC apply only insofar as they do not place the customer in a worse position than mandatory law; provisions that apply exclusively to businesses are expressly marked as such.

Deviating or conflicting terms of the customer do not become part of the contract unless the provider has expressly agreed to them in writing.

2. Subject matter of the contract and description of services

PostExpert is a cloud-based software-as-a-service platform for creating, planning, managing and automatically publishing social media content. The platform is aimed in particular at users of the social media platform Instagram and enables them to centrally control their content creation and publishing processes.

The scope of PostExpert’s services comprises the provision of a technical infrastructure that enables the customer to define automated and manual workflows for creating and publishing content. For this purpose, so-called "bots" can be created which function as configurable automation processes. Depending on the respective configuration by the customer, these bots can independently generate and schedule content and either publish it automatically or place it in a queue for prior manual review.

Within the platform, the customer is provided with functions that enable, among other things, the creation of social media content with the help of artificial intelligence. This includes in particular the generation of text content such as captions, descriptions and hashtags as well as the creation of visual content such as images and videos. External AI service providers may also be involved in the technical implementation of these functions, in particular providers of generative AI models such as Google (e.g. Imagen) or comparable third-party providers.

The customer is also entitled to upload their own content to the platform. This includes in particular images, videos, logos and other digital content. In addition, the customer may optionally integrate content from third-party sources into their content, in particular licensed stock media via providers such as Pexels or comparable services. Irrespective of this, it remains possible for the customer at any time to create and manage content entirely manually without using AI functionalities.

PostExpert also provides various tools for planning and organising content. This includes in particular functions for scheduling posts, for automatically publishing content, for manual approval prior to publication and for structured management via a content calendar.

In addition, the platform offers analysis and evaluation functions ("insights") with which the customer can track the performance of their published content. Furthermore, PostExpert may provide trend analysis functions that evaluate publicly available data from external platforms in order to give the customer, for example, information about relevant hashtags, topics or music trends.

Under this contract, the provider expressly does not owe any particular economic or business success. In particular, no guarantee is given for reach, visibility, interaction rates, follower growth, leads, revenue or other business results.

In accordance with section 1, the platform is provided exclusively for the purposes of the customer’s business activity. Use for purely private purposes is currently not the subject matter of this contract.

3. Conclusion of contract and usage requirements

The contract for the use of PostExpert is concluded by the customer registering on the platform and selecting a paid plan.

By completing the registration process, the customer submits a binding offer to conclude a usage agreement. The contract is concluded when the provider activates the user account or when the platform services are actually made available, whichever occurs first.

A further prerequisite for concluding the contract is currently that the customer provides a valid VAT identification number issued to them (UID number, in Italy partita IVA) during the ordering process. The number is verified via the payment service provider. Without a valid number the ordering process cannot be completed and no contract comes into existence.

By providing the VAT identification number, the customer declares that they are concluding the contract for the operation of their business and thus as an entrepreneur. If the circumstances relevant to this declaration change, in particular because the VAT identification number lapses or changes, the customer must notify the provider without undue delay.

If the declaration under the preceding paragraph proves to be incorrect, the provider may terminate the contractual relationship for cause pursuant to section 12 and block access. The mandatory rights of a customer who in fact acted as a consumer remain unaffected (section 1).

Use of the platform is generally permitted to persons who have reached the age of 14. By registering, the customer confirms that they meet this requirement.

Minors who have not yet reached the age of 18 require the consent of their legal guardians in order to take out a paid subscription, unless the fee is paid from funds left at their free disposal (§ 170(3) of the Austrian Civil Code).

The provider primarily addresses entrepreneurs within the meaning of the applicable statutory provisions. However, use by consumers is likewise expressly permitted, provided that they use the platform within the framework of the statutory requirements.

The preceding paragraph is currently superseded by the exclusion under section 1 and applies again only once the provider opens up the conclusion of contracts with consumers.

Agencies, freelancers and other service providers are entitled to use the platform also on behalf of or in the course of servicing third parties. In this case, however, only the registered customer remains the provider’s contractual partner and is thus responsible for all obligations arising from the use.

4. Services, further development and changes to the platform

The provider makes the PostExpert software available to the customer as a cloud-based software-as-a-service solution via the internet within the scope of the plan booked in each case. It is provided exclusively for the duration of the existing contractual relationship.

PostExpert is a dynamic software platform that is continuously further developed, optimised and adapted to technical, legal and economic conditions. The customer acknowledges that the platform is not a static product but a continuously changing system.

The provider is entitled to further develop, modify or improve the platform. This includes in particular, but is not limited to, extending existing functions, introducing new functions, adjusting or removing individual features, changing usage limits as well as integrating, replacing or discontinuing third-party services and AI technologies.

Throughout the term of the contract, the provider supplies the customer with those updates that are necessary for the platform to remain in conformity with the contract. These include security updates in particular.

The provider makes changes going beyond what is necessary to maintain conformity with the contract only where there is a valid reason. Such a reason exists in particular for adapting to a new technical environment, to an increased number of users, to changed legal requirements or to requirements of integrated third-party providers. The customer incurs no additional costs for such a change.

If such a change impairs access to the platform or its usability more than negligibly, the provider will inform the customer in text form a reasonable time in advance. In that case the consumer may terminate the contract free of charge within thirty (30) days of receiving the information or from the time of the change, whichever is later; fees already paid in advance for the period no longer used thereafter are refunded on a pro-rata basis.

In all other respects, the customer has no claim to the permanent existence of individual functions or technical implementations in their original or specific form, provided that the overall contractual purpose of the platform continues to be fulfilled.

The customer is further aware that the functioning of individual components of the platform depends on external technical systems and third-party providers. This concerns in particular, but not exclusively, interfaces to social networks, cloud infrastructure and AI service providers. Uninterrupted availability of individual functions beyond the agreed scope of services is not owed; the customer’s statutory warranty rights under section 13 remain unaffected.

5. Use of artificial intelligence and risks of AI-generated content

PostExpert uses artificial intelligence technologies for the automated creation, processing and optimisation of content, including in particular texts, images, videos, hashtags and other social media-relevant data.

The customer is expressly aware that content generated with the help of artificial intelligence is based on statistical probability models and may therefore contain factual errors, omissions, distortions or inaccuracies. The provider does not carry out any review of the generated content as to its substance or legality.

The provider gives no guarantee as to the factual accuracy, legal permissibility, completeness or commercial usability of the content generated by the AI. In particular, the generated content does not constitute legal, tax, medical, financial or other professional advice.

The customer is obliged to review all content generated by the platform on their own responsibility before using, publishing or passing it on, and to ensure that its use is legally permissible and does not infringe any third-party rights. This applies irrespective of whether the content is used manually or published automatically via functions such as auto-publishing.

If the customer uses the so-called "permission mode", publication takes place exclusively after prior active approval by the customer. However, responsibility for reviewing the content remains entirely with the customer in this case as well.

6. Social media integration and third-party dependencies

The PostExpert platform is currently integrated exclusively with the social media platform Instagram. The technical connection is made via official application programming interfaces (APIs) and authentication procedures of the respective platform providers, in particular Meta Platforms Ireland Ltd.

The customer acknowledges that use of the platform is necessarily dependent on external technical systems and third-party providers over which the provider has no influence. This concerns in particular the availability, stability and functionality as well as the legal and technical framework conditions of the respective interfaces.

Changes, restrictions, temporary or permanent shutdowns or other impairments of these interfaces by third-party providers may result in individual or all functions of PostExpert being wholly or partially restricted or no longer available.

The provider has no influence over these interfaces and therefore does not owe either their continuous availability or their compatibility with the platform. The provider is not liable for restrictions resulting from a change, limitation or shutdown by the third-party provider that it could not avert even by exercising reasonable care. The customer’s statutory warranty and damages rights under section 13 remain unaffected.

The customer is further aware that changes to the terms of use, policies or technical requirements of third-party providers may also affect the functioning of the platform, without this giving rise to any obligation on the part of the provider to adapt or maintain particular functions.

7. Prices, billing and payment terms

The PostExpert software is used exclusively within the framework of a paid subscription model. The applicable scope of functions and the price structure depend on the plan selected by the customer when concluding the contract.

The provider currently offers the Basic, Pro and Ultra plans. The applicable prices are clearly and transparently stated on the website and within the platform. The current standard prices are:

• Basic: €19.95 per month or €199 per year
• Pro: €39.95 per month or €399 per year
• Ultra: €89.95 per month or €899 per year

All prices stated are in euros and, unless expressly stated otherwise, include all applicable taxes within the scope of the statutory provisions.

By way of derogation from the preceding paragraph, all prices stated in these GTC, on the website and within the platform are net prices for as long as the provider concludes contracts exclusively with entrepreneurs (section 1). They are exclusive of the applicable statutory value added tax, which is shown separately during the ordering process and on the invoice. The preceding paragraph applies again only once the provider opens up the conclusion of contracts with consumers.

Which value added tax applies depends on the customer’s place of establishment. Customers established in Austria are charged Austrian value added tax. For entrepreneurs established in another member state of the European Union who hold a valid VAT identification number, the tax liability shifts to the customer (reverse charge, Art. 196 of Directive 2006/112/EC); in that case the invoice shows no Austrian value added tax and bears a reference to the reverse charge. Customers established outside the European Union are not charged Austrian value added tax; any tax liability in their country of establishment is borne by the customer.

The billing address and VAT identification number provided by the customer are decisive for the tax treatment. If this information is incorrect or becomes invalid without the customer notifying the provider without undue delay pursuant to section 3, the customer must reimburse the provider for the value added tax payable as a result, together with any ancillary charges.

The provider may adjust prices and the composition of the plans offered for future billing periods. Any adjustment requires an objective reason, in particular changed costs for server and cloud infrastructure, licences, AI services or payment processing, changed taxes and levies, or a change in the consumer price index. The provider passes on cost reductions to the same extent as cost increases.

For consumers, any price increase takes effect no earlier than two (2) months after the contract is concluded. The provider announces every price change in text form at least thirty (30) days before it takes effect. Billing periods already started or already paid for remain unaffected.

If the customer does not agree with an announced price change, they may cancel the contract free of charge up until it takes effect, with effect from the end of the current billing period. The provider expressly points out this right in the announcement.

Usage fees are billed in advance for the selected billing period, either monthly or annually, depending on the plan chosen.

Payment is made via the external payment service provider Stripe. The customer agrees to the use of this payment service provider and the associated payment processing. The provider itself does not store any complete payment data, in particular no credit card data.

A credit balance may arise on the customer account. Such a credit stems either from payments actually made by the customer — in particular where, upon a plan change during an ongoing billing period, the time already paid for but no longer used is credited on a pro-rata basis, or where a pro-rata refund is made under these GTC — or from gratuitous credits granted by the provider, in particular from rewards under the referral programme pursuant to section 9 as well as from other free months and promotional credits.

An existing credit is automatically offset against the next invoices falling due and reduces the amount charged accordingly; it is used up in the order in which the credits arose (oldest first). A credit does not lapse through the mere passage of time for as long as the customer account exists.

Insofar as a credit is based on payments actually made by the customer, the customer may request its payout via the platform. Technically, the payout is made as a refund via the payment service provider to the payment method originally used; for that reason a payout to a different account is not possible. It requires a minimum amount stated in the platform (currently €5.00), is limited to one payout per 24 hours and is only possible for as long as the underlying payments fall within the refund period specified by the payment service provider and the card networks (currently 180 days). If a payout is not possible for one of these reasons, the credit remains in place and continues to be offset against future invoices.

Credit that is not based on a payment by the customer is excluded from payout. This applies in particular to rewards under the referral programme as well as other free months and promotional credits: they are offset against invoices only and are neither paid out nor converted into cash or other services. Where a credit consists of both components, only the part attributable to actual payments can be paid out; the provider states the payable part separately in the platform.

The customer’s statutory claims to repayment of fees already paid — in particular following a withdrawal pursuant to section 16, under the warranty pursuant to section 13 or in the case of a pro-rata refund pursuant to sections 4, 12 and 17 — remain unaffected by the above provisions. Such repayments are made irrespective of the minimum amount, the time limit and the payout procedure set out in this section.

If a payment cannot be carried out successfully, the provider is entitled to temporarily restrict or block access to the platform until the outstanding amount has been settled. Further statutory claims remain unaffected.

8. Contract term and termination

Depending on the plan selected by the customer, the contract is concluded on a monthly or annual basis.

With monthly billing, the contract begins on the date the contract is concluded and is automatically extended by a further month unless it is terminated in due time. With annual billing, the contract likewise begins on the date the contract is concluded and, upon expiry of the minimum contract term, is automatically extended by a further year unless notice of termination is given in due time.

The customer may terminate at any time; however, termination only takes effect at the end of the current contract period.

Notice of termination must be received by the provider no later than one (1) calendar day before the respective renewal date. Receipt of the notice of termination by the provider is decisive for whether it has been given in due time.

Termination may be given in text form, in particular by email to the contact address stated by the provider or via a termination function provided within the platform, where available.

Once the termination takes effect, access to the platform remains in place until the end of the contract term already paid for, unless immediate blocking for good cause occurs.

If notice of termination is not given in due time, the contract is automatically extended by the originally agreed contract term (monthly or annual) at the conditions applicable at the time.

Before each automatic renewal, the provider reminds the customer in text form, in good time before the notice period begins, of the upcoming renewal, its duration, the price then payable and the option to cancel beforehand.

Irrespective of this, a consumer may terminate a contract entered into for an indefinite period or for more than one year after the end of the first year subject to two months’ notice, and thereafter with effect from the end of each six-month period (§ 15 of the Austrian Consumer Protection Act).

9. Trial period and referral programme

The provider may, at its own discretion, grant new customers a free trial period for the use of PostExpert. There is no legal entitlement to the granting of a trial period. The provider reserves the right to restrict, change, suspend or discontinue the trial period entirely at any time, without being obliged to inform existing or future users separately. Trial periods that have already begun remain unaffected, unless there is good cause for early termination.

Upon expiry of a granted trial period, the subscription selected by the customer continues on a paid basis, unless it is terminated in good time before the end of the trial period or statutory provisions stipulate otherwise.

Before the transition to a paid subscription, the provider informs consumers in good time and in text form about the end of the trial period, the price payable from that point on and the option to cancel beforehand.

In addition, the provider may offer a referral programme through which customers can receive free months of use for successfully referring new paying customers. A referral is deemed successful only if the referred user takes out a paid subscription, the payment is processed successfully and there is no misuse or suspicion of fraud.

Free months of use that have been credited are automatically assigned to the customer account and may accumulate. The credits are personal, non-transferable, non-redeemable in cash and cannot be exchanged for cash, other services or other benefits.

Rewards under the referral programme are technically credited as a balance on the customer account. Their offsetting and their exclusion from payout are governed by section 7; there is no claim to payout of such rewards even where the customer account additionally holds a payable credit stemming from payments made by the customer.

The provider reserves the right to change, restrict, suspend or discontinue the referral programme entirely at any time. Referral credits that have already been properly and effectively granted generally remain unaffected.

The provider is entitled to refuse, cancel or subsequently withdraw referral credits if there are indications of abusive behaviour, attempted fraud, the creation of multiple user accounts, circumvention of the programme rules or other attempts at manipulation. In such cases the provider may also block the affected user account temporarily or permanently.

10. Rights of use and intellectual property

All rights to content uploaded, created or provided by the customer remain, to the extent permitted by law, with the respective customer or the respective rights holders. The customer warrants that they hold all rights, licences, consents and authorisations required for the use of the platform and that the content they upload or publish does not infringe any third-party rights.

Insofar as this is necessary for the provision and performance of the contractual services, the customer grants the provider a simple, non-exclusive, geographically unrestricted right of use, limited to the term of the contract, in the content they provide. This right of use includes in particular storing, processing, reproducing, displaying, transmitting and editing the content, insofar as this is technically necessary in order to provide the platform functions.

Subject to any third-party rights, the customer receives all rights of use in the content generated by PostExpert that are necessary for use in accordance with the contract. This includes in particular the right to edit, reproduce, publish, distribute and use the generated content both privately and commercially.

The customer is solely responsible for the use, publication and legal permissibility of all content, irrespective of whether it was created by the customer themselves, by third parties or by artificial intelligence. The provider gives no guarantee that generated content is free of third-party rights or may be published without further review.

The provider is entitled to use content generated by the platform in anonymised form or in a form that cannot be traced back to individual customers for internal analysis purposes, statistical evaluations, product improvements, quality assurance as well as marketing and demonstration purposes. Care is taken to ensure that no personal data or clearly customer-related information is disclosed.

Images, videos, logos, brand elements, texts or other content uploaded by the customer are not used to train AI models. Use for training purposes takes place exclusively on the basis of generated, anonymised or otherwise non-attributable data.

11. Customer obligations

The customer undertakes to use the platform exclusively in accordance with the applicable statutory provisions, official requirements and the applicable terms of use of the connected third-party platforms.

In particular, the customer is obliged to ensure that all content uploaded, processed or published by them is lawful and does not infringe any third-party rights. This includes in particular copyright, trademark rights, personality rights, data protection rights and other industrial property rights.

The customer is prohibited from using the platform to disseminate unlawful, insulting, discriminatory, fraudulent, misleading, youth-endangering or otherwise impermissible content. Likewise prohibited is any use of the platform that is capable of impairing the provider’s technical infrastructure, circumventing security measures or jeopardising the functionality of the platform.

The customer is obliged to keep their access data secret and to protect it against access by unauthorised third parties. Access data may not be passed on, sold, rented out or otherwise made available to third parties unless expressly permitted by the provider.

The customer is responsible for all activities carried out via their user account. If there is a suspicion that access data has become known to unauthorised third parties or that the user account is being misused, the customer must inform the provider without delay and take appropriate measures to secure the account.

If the customer breaches the provisions of these GTC or applicable law, the provider is entitled to take appropriate measures, in particular to remove content, restrict functions, temporarily block the user account or terminate the contract for good cause. Further statutory claims of the provider remain unaffected.

12. Blocking and extraordinary termination of the contract

The provider is entitled to restrict the customer’s access to the platform temporarily or permanently, to deactivate individual functions or to terminate the contractual relationship extraordinarily if there is good cause.

Good cause exists in particular if the customer breaches statutory provisions, official orders or material provisions of these GTC, or if there is a justified suspicion of such a breach.

Such good cause may exist in particular in the case of misuse of the platform, repeated or substantial spamming, manipulation of technical systems or interfaces, attempted fraud, use of the platform to create or disseminate unlawful content, copyright infringements, infringements of third-party rights or other acts capable of impairing the functionality, security or integrity of the platform or of the integrated third-party providers.

Before blocking access or terminating for cause, the provider will notify the customer of the breach and give them an opportunity to comment and, where possible, to remedy it. In the case of serious breaches, imminent harm to the provider or third parties, or a legal obligation, the measure may be taken immediately.

If the contract ends through termination for cause or permanent blocking without the customer being responsible for the reason, the provider refunds fees already paid in advance for the period that can no longer be used on a pro-rata basis. If the customer is responsible for the important reason, the claim to payment for the current billing period remains.

Further statutory claims of both contracting parties remain unaffected.

13. Warranty and liability

Where the customer is a consumer, the statutory warranty rights under the Austrian Consumer Warranty Act (VGG) and the Civil Code apply. These rights cannot be restricted by contract. Where these GTC state elsewhere that the provider gives “no warranty”, this relates solely to assurances going beyond the contractually owed service — such as a particular business outcome or the factual accuracy of AI-generated results — and not to the statutory warranty.

If the platform is defective, the consumer may, in accordance with the statutory provisions, demand that conformity with the contract be established and, if this fails or is not achieved within a reasonable period, declare a price reduction or terminate the contract.

In all other respects, the provider’s liability is governed by the statutory provisions unless otherwise stipulated in these GTC.

The provider is liable for personal injury without limitation, that is, also in the case of slight negligence. For other damage, the provider is liable without limitation in cases of intent and gross negligence.

For other damage caused by slight negligence, the provider is liable to consumers where essential contractual obligations are breached, limited to the damage typical of such contracts and foreseeable at the time the contract was concluded. Liability for slight negligence is excluded towards business customers.

Claims under the Product Liability Act and other mandatory statutory grounds of liability remain unaffected in all cases.

The provider is liable for indirect damage, consequential damage, lost profit and lost revenue only in cases of intent or gross negligence.

This applies in particular to the loss of reach, followers or engagement on social media platforms, to the blocking or restriction of user accounts by third-party providers such as Instagram or Meta in particular, to factually incorrect or incomplete results from the artificial intelligence used, and to data loss and other technical malfunctions.

The above liability provisions also apply for the benefit of the provider’s legal representatives, employees and vicarious agents.

14. Availability of the platform

The provider makes the platform available within the scope of its technical and operational possibilities. There is no entitlement to the platform being available at all times, uninterruptedly or free of errors.

Availability may be affected in particular by necessary maintenance work, security updates, technical developments or by disruptions beyond the provider’s sphere of influence. These include in particular outages of internet or telecommunications services, disruptions of cloud infrastructures as well as impairments caused by third-party providers or external platforms such as, in particular, Instagram or other API-based services.

The provider is entitled to maintain, update or technically adapt the platform at any time, insofar as this is necessary for secure and stable operation or serves the further development of the platform. This may result in temporary restrictions or outages of individual functions.

Short-term, minor or duly announced restrictions do not give rise to any claims by the customer. If, beyond that, the platform is unusable or only usable to a limited extent for a considerable period, the customer is entitled to the statutory warranty rights under section 13, in particular a pro-rata reduction of the fee.

15. Data protection

The provider processes personal data exclusively within the framework of the applicable data protection provisions, in particular the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG).

Details on the nature, scope and purpose of the processing of personal data, on the rights of data subjects and on the service providers and technical procedures used are set out in the provider’s current privacy policy at the following link:

https://postexpert.de/en/privacy-policy

The privacy policy is an integral part of the contractual relationship without itself becoming part of these GTC.

Insofar as the provider processes personal data on behalf of the customer within the platform — in particular the content, metrics and comments of the Instagram account connected by the customer — the customer is the controller and the provider is the processor within the meaning of Art. 28 GDPR.

The following provisions also constitute the data processing agreement under Art. 28(3) GDPR. No separate document is required for this; the data processing agreement is concluded upon conclusion of the usage contract.

Processing on behalf of the controller in detail

• Subject matter, duration, nature and purpose: the subject matter is the provision of the platform under section 2. The processing lasts as long as the usage contract. Nature and purpose follow from the scope of functions chosen by the customer, in particular creating, scheduling and publishing posts, analysing metrics, and classifying and responding to comments.
• Type of data: content of the connected Instagram account (posts, image and video files, caption texts, preview images), reach and interaction metrics, and comments including username, text and time.
• Categories of data subjects: persons who comment on or interact with posts of the connected account, as well as persons depicted or named in the content provided by the customer.
• Bound by instructions: the provider processes the data solely on the documented instructions of the customer. This contract as well as the customer’s settings and entries in the platform constitute instructions. If the provider considers an instruction to be unlawful, it informs the customer and may suspend its execution until the matter is clarified.
• Confidentiality: the provider obliges all persons authorised to process the data to maintain confidentiality.
• Security: the provider implements the technical and organisational measures required under Art. 32 GDPR and sets them out to the customer on request.
• Sub-processors: the provider imposes the same data protection obligations on every sub-processor. Authorisation, advance notice and the right to object are governed by the paragraph below.
• Third-country transfers: transfers to a third country take place only on the basis of an adequacy decision or appropriate safeguards under Art. 46 GDPR. The bases currently used are named in the privacy policy.
• Assistance: the provider assists the customer by appropriate measures with requests from data subjects under Art. 12 to 23 GDPR and with the customer’s obligations under Art. 32 to 36 GDPR. The provider notifies the customer of personal data breaches without undue delay.
• Deletion and return: after the usage contract ends, the provider deletes the data processed on the customer’s behalf or returns them at the customer’s choice, unless a statutory retention obligation prevents this.
• Evidence and audits: the provider makes available to the customer the information necessary to demonstrate compliance with these obligations and allows for audits. For this purpose it may primarily submit meaningful evidence or certifications.

The provider engages sub-processors for this processing. The customer grants its general authorisation for this. The provider informs the customer of intended changes to the roster of sub-processors in good time in advance and grants the customer a right to object. The current sub-processors and their places of processing are named in the provider’s privacy policy.

For processing within the customer relationship — in particular registration, user account, billing, support and system security — the provider is itself the controller.

The customer ensures that it has a sound legal basis for the content it processes via the platform, in particular for the data of persons who comment on its posts, and that it complies with its information obligations.

16. Right of withdrawal for consumers

A right of withdrawal under the Austrian Distance and Off-Premises Transactions Act (FAGG) is available only to consumers. For as long as the provider concludes contracts exclusively with entrepreneurs (section 1), this section does not apply; no contractual right of withdrawal is granted by it. This section and the withdrawal policy linked below apply again as soon as the provider opens up the conclusion of contracts with consumers, and in every individual case in which a contract is nevertheless concluded with a consumer pursuant to section 1.

If the customer is a consumer within the meaning of the applicable consumer protection law, they are generally entitled to a statutory right of withdrawal of fourteen (14) days from the day the contract is concluded.

During the ordering process, the customer expressly requests, by means of a separate consent that is not pre-ticked (checkbox solution), that the provider begin providing the contractually owed digital service before the withdrawal period has expired.

The right of withdrawal expires only once the provider has fully performed the service. In the case of an ongoing subscription this is regularly not the case within the withdrawal period; the customer’s right of withdrawal therefore remains in place.

No particular form is required for withdrawal. A clear statement sent to info@postexpert.de before the deadline expires is sufficient; the model withdrawal form may be used but is not mandatory. No costs arise for the withdrawal itself.

If the customer withdraws after the provider has begun performance at their express request, the customer owes pro-rata compensation for the period from the start of performance until receipt of the withdrawal. The compensation is calculated as the price of the current billing period divided by the number of days in it, multiplied by the number of days used; the provider refunds the remaining amount within fourteen (14) days of receiving the withdrawal using the same means of payment.

Withdrawal must be distinguished from cancellation under section 8: withdrawal unwinds the contract within the first fourteen (14) days, whereas cancellation ends it at the end of the respective billing period.

Details on the right of withdrawal, on how the compensation is calculated and the model withdrawal form are set out in the provider’s withdrawal policy. It is authoritative and can be accessed at the following link:

https://postexpert.de/en/withdrawal

17. Amendments to these GTC

The provider is entitled to amend these GTC if there are objective reasons for doing so.

Objective reasons include in particular changes in the legal situation, supreme court case law, technical developments of the platform, changes to the services offered or adjustments necessary to maintain the security and functionality of the platform.

The provider notifies the customer of amendments in text form at least six (6) weeks before they are due to take effect, for example by email or within the platform. The notification contains the amended wording or a comparison of the amended provisions.

If the customer does not object before the amendment takes effect, the amendments are deemed accepted. The provider draws the customer’s attention separately and clearly to this legal consequence, to the six-week period and to their right to object in the notification.

If the customer objects, either party may terminate the contract with effect from the date the amendment takes effect; until then the contract continues on the previous terms. Fees already paid in advance for the period no longer used thereafter are refunded on a pro-rata basis.

Amendments that materially shift the balance between performance and consideration, or that would amount to concluding a new contract, cannot be made by this route. They require the customer’s express consent. Price changes are governed exclusively by section 7.

18. Applicable law, place of jurisdiction and dispute resolution

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If the customer is a consumer whose habitual residence is in another state of the European Economic Area, they retain the benefit of those mandatory consumer protection provisions of their state of residence that are more favourable to them. This choice of law does not deprive them of that protection.

For disputes with business customers, the court with subject-matter jurisdiction in Innsbruck, Austria, has exclusive jurisdiction.

The statutory places of jurisdiction apply to consumers. A consumer whose domicile, habitual residence or place of employment is in Austria may be sued only before the courts of that place (§ 14 of the Austrian Consumer Protection Act); consumers domiciled in another EU member state may be sued only in their state of domicile.

The provider is not obliged to participate in dispute resolution proceedings before a consumer arbitration body and assesses participation on a case-by-case basis. Consumers may turn to the Internet Ombudsstelle as a conciliation body: https://www.ombudsstelle.at

19. Contract language

The contract language is German. The provider additionally makes these GTC available in Italian and English translation.

If the contract was concluded in Italian or English, a consumer may rely on the version in which these GTC were made available to them before the contract was concluded. In relation to business customers, the German version prevails in case of doubt.

20. Severability clause

Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected.

Statutory provisions take the place of any ineffective provision. Ineffective clauses are not upheld in a reduced form vis-à-vis consumers.