[Have a lawyer review this before launch]
1. Scope
These terms apply to every contract between Andrej Gluchow (“we”) and the customer for the use of Citapult. The customer can be a consumer, who concludes the contract mainly for private purposes (§ 13 BGB), or a business, which concludes it for its trade, business or profession (§ 14 BGB). Rules that apply to only one of the two are marked as such. Consumers also have the right of withdrawal set out in the withdrawal notice at the end of these terms. The customer's own terms apply only if we agree to them in writing.
2. Conclusion of the contract
Signing up creates an account for the customer; we provide the paid services in section 3 only on the basis of an order. The customer orders the Pro trial, Pro and add-ons for one website at a time; each website with Pro has its own contract for Pro. The customer sets up the first website after the order. Further websites can be set up as free drafts beforehand; this does not create a paid contract. The customer orders the Pro trial in the app: after signing up or on the billing page they click the button to start the Pro trial, enter their billing and payment details in the checkout window of our payment provider Stripe, tick the box there to request that the service starts right away and to accept these terms, and complete the order with an obligation to pay using the pay button. The paid contract comes about once the payment of the trial price succeeds; it begins with the Pro trial and turns into Pro as set out in section 4. With “Book Pro with obligation to pay” the customer ends the Pro trial early. We then charge the stored payment method the price of Pro’s first billing period; the contract changes once that payment succeeds. The customer orders Pro without the Pro trial the same way through the button for booking Pro directly, for further websites in the “Start” step or the website list; the contract then comes about once the first payment succeeds. The customer adds an add-on on the same page with “Book add-on with obligation to pay” or “Switch with obligation to pay”. We charge the stored payment method for it; the contract for the add-on comes about once that payment succeeds. A removed add-on that still runs until the end of the period comes back with “Keep with obligation to pay” without a payment; the contract then comes about with the click. Before every order the customer expressly requests that we start providing the service right away and confirms what this means for their right of withdrawal (see the withdrawal notice). Until they submit the order, they can check and correct their entries in the checkout window or cancel the order. The contract languages are German and English. After the contract is concluded, we send the customer a confirmation by email with these terms in the version that applied at the time of order and with the withdrawal notice; this page shows only the current version.
3. Services
Citapult analyzes the customer's website, suggests keywords, plans articles and writes them with images. Text and images are produced with AI models and can contain factual errors. We owe the creation of the content, not a particular result: we guarantee no positions on Google or other search engines, no citations in AI answers and no visitor numbers.
4. Pro trial
The Pro trial lasts 3 days and costs a one-time $1, or €1 when billed in euros. It covers Pro for one website without add-ons, with these differences: one new article unlocks when it begins and one more with each further calendar day (UTC) that starts, three in total; the customer can create unlocked articles until the Pro trial ends. These articles carry the line “Drafted with Citapult” with a link to Citapult. Each customer can use the Pro trial once, for one website. Unless the customer cancels before it ends, the contract then turns into Pro for that website automatically, at the price shown at the time of order. The customer cancels under Billing in Citapult, through “Cancel contracts here” (section 6) or by email. Cancelling during the Pro trial takes effect at its end: until then it stays usable, after that we charge nothing more, and what section 6 says for the end of Pro applies to the website. “Book Pro with obligation to pay” ends the Pro trial early (section 2).
5. Prices and payment
The prices shown at the time of order apply. They include VAT where it is due. Pro and add-ons are charged per website, and each website has its own billing period and its own invoice. We charge the price for each billing period of Pro in advance. A billing period lasts one month; the first begins when the Pro trial ends or with “Book Pro with obligation to pay”, and without a Pro trial with the order. An article pack booked during a billing period is charged right away at the full price for that period; when switching from the 60 to the 90 pack, we credit the price of the 60 pack. Other add-ons are charged right away, pro rata to the end of the period. If the customer removes an add-on or switches from the 90 to the 60 pack, this takes effect at the end of the billing period: until then the add-on stays usable, after that we no longer charge for it; nothing is refunded. This does not affect a consumer's right of withdrawal. If the customer has several websites with paid Pro, the price of Pro and add-ons for each of them is reduced by 10% from 2 websites, 15% from 5 websites, 20% from 20 websites; a Pro trial doesn’t count towards this and gets no discount. A new discount tier applies to each of these websites from its next invoice, not to the current billing period. Payment is through Stripe (Stripe Payments Europe, Limited, Ireland). If a payment fails, Stripe retries it automatically; until it succeeds, Pro for that website is paused at once, with the consequences set out in section 6. The customer manages the payment method and cancellation under Billing in Citapult; invoices are in Stripe’s customer portal, which the billing page opens. A plan includes the number of new articles for the website per monthly billing period stated at the time of order. Unused articles expire at the end of the period. Rewrites of existing articles don't count.
6. Term and cancellation
The contract for Pro for a website runs for a billing period of one month (section 5), for example from the 14th to the 14th of the next month, and renews for another one unless either side cancels by the end of the current period. There is no notice period: the customer can cancel Pro for each website separately at any time, under Billing in Citapult, by email or without signing in through the “Cancel contracts here” button in the footer of every page of this website (§ 312k BGB); cancellation takes effect at the end of that website’s current period, or during the Pro trial at its end (section 4). When Pro ends for a website, its articles, calendar, downloads and manual editing remain; new articles, AI editing, publishing through integrations and automations stop. If the customer books Pro for the website again, we plan its calendar anew. The right to terminate without notice for good cause stays unaffected.
7. Customer obligations
- The customer only enters content they hold the rights to, and nothing that breaks the law or the rights of others.
- The customer checks every article for accuracy and legality before publishing it. They decide what to publish and are responsible for it, including any duty to label AI-generated content (for example under Art. 50 of the EU AI Act).
- The customer keeps their login details secret and tells us at once if someone else might know them.
8. Rights to the results
Where rights arise in articles and images from Citapult, we grant the customer the exclusive, transferable right to use, edit and publish them without limits in time or territory, including for their own clients. AI-generated content is often not protected by copyright, and similar text can be produced for others, so we cannot promise that no third party uses similar content. We use the content the customer enters only to provide our service to them.
9. Availability
We promise no particular availability. Maintenance, faults and outages of services Citapult depends on, such as AI models or search data, can limit use for a time. Where we can plan maintenance, we schedule it for times of low use. For consumers, the statutory requirements for digital products (§§ 327e ff. BGB) remain unaffected.
10. Liability
We are liable without limit for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee we gave. For slight negligence we are liable only if we breach an essential contractual duty, a duty whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In that case liability is limited to the foreseeable damage typical for this kind of contract. Otherwise liability is excluded, towards businesses including strict liability for defects that existed when the contract was concluded (§ 536a(1) BGB). Consumers' statutory rights for defects in digital products (§§ 327 ff. BGB) remain unaffected; this section limits only claims for damages.
11. Data protection
How we process personal data is set out in our privacy policy. If the customer enters personal data about others, we process it on their behalf on the basis of a data processing agreement (Art. 28 GDPR). [Provide the data processing agreement]
12. Changes
We may change these terms when laws or court rulings change, when we add services or when technical changes require it. We don't change prices or the main services this way. We announce changes by email at least six weeks ahead. For businesses: if the customer doesn't object before they take effect, they count as accepted; the email points out this consequence, the deadline and the right to cancel. If the customer objects, either side may end the contract when the changes take effect. For consumers, changes apply only if they agree to them. If a consumer doesn't agree, the previous terms continue to apply to them, and either side may cancel the contract under section 6.
We keep developing Citapult. We change features beyond what is needed to keep the service in line with the contract only for a valid reason, such as changes to services Citapult depends on, security or new legal requirements, and at no extra cost to the customer. If such a change affects a consumer more than slightly, we tell them by email beforehand; they can then end the contract free of charge within 30 days (§ 327r BGB).
13. Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. This does not deprive a consumer of the protection of the mandatory provisions of the country where they have their habitual residence. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Hamm (Sieg). If one provision is invalid, the rest stay valid.
We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
Withdrawal notice
Consumers have a right of withdrawal as set out in the following notice.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period will expire after fourteen days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Andrej Gluchow, Brahmsstr. 6, 57577 Hamm, Deutschland, phone +49 163 7365970, email info@certentis.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory. You can also exercise your right of withdrawal online using the “Withdraw from contract” button in the footer of every page of this website. If you use this online function, we will send you, without delay, an acknowledgement of receipt on a durable medium (e.g. by email) with information on the content of the withdrawal statement and the date and time of its receipt.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
End of the withdrawal notice
Early expiry of the right of withdrawal
For a contract for services, the right of withdrawal expires once the service has been provided in full, if the consumer expressly agreed beforehand that we begin before the withdrawal period ends and acknowledged that their right of withdrawal expires once we have fully performed the contract (§ 356(5) BGB). For a contract for digital content not supplied on a tangible medium, it expires as soon as we have begun performance, if the consumer expressly agreed beforehand that we begin before the withdrawal period ends, acknowledged that they thereby lose their right of withdrawal once performance begins, and we provided them with a confirmation under § 312f BGB (§ 356(6) BGB). The customer gives this consent and acknowledgement when ordering (section 2). [Lawyer: is Citapult a service, digital content or both? Delete the sentence that doesn't apply, here and in the consent at checkout]
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
- To Andrej Gluchow, Brahmsstr. 6, 57577 Hamm, Deutschland, email: info@certentis.com:
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
- Date
(*) Delete as appropriate.