Allgemeine Geschäftsbedingungen

This is a convenience translation. Only the German version is legally binding.

§ 1 Scope and provider

(1) These General Terms and Conditions (Allgemeine Geschäftsbedingungen – AGB) apply to all contracts for the use of the web app "Macreto" (hereinafter "Macreto" or "Service") between

Hees & Rosenbusch CodeLabs GbR, owner Oliver Hees, Alina Rosenbusch, Das Ortfeld 7, 21394 Westergellersen, e-mail: info@hr-codelabs.de (hereinafter "we" or "Provider"),

and our customers (hereinafter "Customer" or "you").

(2) Customers may be consumers or entrepreneurs. A consumer (Verbraucher) is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed profession (§ 13 BGB – German Civil Code). An entrepreneur (Unternehmer) is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their trade, business or self-employed profession (§ 14 BGB). Provisions that apply only to consumers or only to entrepreneurs are marked as such.

(3) Deviating or supplementary terms of the Customer only apply if we have expressly agreed to them in text form.

(4) In addition, the Terms of the Partner Programme apply insofar as you participate in it, and for entrepreneurs the Data Processing Agreement.

§ 2 Description of services

(1) Macreto is web-based software (software as a service) with which Customers can create YouTube videos and accompanying content from their own screen recordings (tutorials) and facecam recordings with the help of artificial intelligence (AI). Depending on the plan, the scope of services includes in particular:

a) upload and storage of recordings;
b) transcription of the recordings;
c) AI-assisted analysis of the content and creation of a facecam script;
d) automatic video editing with slides, AI-generated images, sound effects and AI music;
e) suggestions for titles, thumbnails and video description;
f) (as soon as available) Shorts and social media posts;
g) in the Creator and Pro plans, the option to publish posts on a scheduled basis via the Customer's connected social media accounts ("auto-posting").

(2) The results are made available to the Customer for review. The Customer can request corrections (correction rounds, § 4(3)) and approves results themselves. Publication takes place exclusively by the Customer or on the Customer's express instruction (auto-posting).

(3) We use third-party services to provide our services, in particular AI models (including Anthropic Claude) and services for generating images, sound effects and music. There is no entitlement to the use of a particular model or third-party provider. We may change the models and services used, provided that the agreed service is not thereby impaired more than insignificantly.

(4) Macreto owes the provision of the software functions, not any particular success for the Customer (e.g. reach, views, income or monetisation on platforms).

(5) Functions marked as "Beta", "Preview" or "coming soon" are still under development; § 15 applies to them.

§ 3 Registration and conclusion of contract

(1) Use requires a customer account. To register, you must be at least 18 years old and have full legal capacity. You must provide true and complete information and keep it up to date. Registration is completed upon confirmation of the e-mail address. Upon completion of registration, a free-of-charge user agreement for the customer account is concluded.

(2) Paid subscription: The presentation of the plans in the app does not constitute a legally binding offer but an invitation to place an order. You select a plan and are redirected to the checkout of our payment service provider Stripe. Before completing the order, you can check your details and correct input errors using the usual browser and keyboard functions or via the "Back" button. By clicking the button „zahlungspflichtig abonnieren“ ("subscribe with obligation to pay") you submit a binding offer. The contract is concluded when we accept the order by activating the plan or by confirmation e-mail.

(3) The language of the contract is German. We store the contract text (order data and these Terms and Conditions in the version valid at the time). You can access and save the Terms and Conditions at any time at https://app.macreto.com/agb; you will receive the order data by e-mail. We have not submitted to any special codes of conduct.

(4) We are entitled to reject a registration or order without giving reasons, in particular if misuse is suspected (e.g. multiple accounts to use the free video).

§ 4 Plans, quotas and fair use

(1) The plans displayed in the app at the time the contract is concluded apply. We currently offer:

(2) What counts as a video: A video is a project for which the analysis has been started. When the analysis is started, one video is deducted from the quota of the current billing period – regardless of whether the project is subsequently completed.

(3) Correction rounds: Up to three correction rounds are included per video. A correction round is a revision, requested by the Customer, of a result provided (e.g. script, edit, thumbnails). We may allow further corrections subject to availability or ask the Customer to start a new project. The Customer's rights in respect of defects (§ 12) remain unaffected; the remedying of defects does not count as a correction round.

(4) Expiry of unused videos: Unused videos of a billing period expire at the end of that period and are not carried over to the following period.

(5) Fair use: The creation of videos causes us variable costs for AI services. In order to be able to offer the Service economically to all Customers, the consumption of AI resources per customer account and billing period is limited. The limit is set so that the number of videos included in the plan can be created in full with customary use (typical recording length, use of the included correction rounds). If the limit is reached, we will inform you in the app. You can then wait until the start of the next billing period or switch to a higher plan. Videos already paid for but not created because the limit has been reached only expire if your use exceeded customary use in the above sense.

(6) Free video: Without a subscription, every Customer can create one video free of charge once after confirming their e-mail address. The free video is limited to one video per person; using multiple accounts to claim it several times is not permitted. The conditions of the Starter plan (including the end credits "Made with Macreto") apply to the free video unless otherwise stated in the app. There is no entitlement to the free video; we may change or discontinue the offer for the future at any time.

(7) Brands (Pro): A brand is a separate profile with its own channel, its own design and its own settings. The video quota applies jointly to all brands of an account.

(8) Priority (Pro): Orders in the Pro plan are processed with priority when capacity is high. No particular processing times are promised.

(9) Plan changes: You can change your plan via the customer portal. An upgrade takes effect immediately; the difference is charged pro rata. A downgrade takes effect at the end of the current billing period.

§ 5 Prices and payment

(1) The prices stated at the time of the order apply. For consumers, all prices are final prices including statutory VAT.

(2) For entrepreneurs based in another EU Member State who provide a valid VAT identification number, invoicing takes place without German VAT under the reverse-charge procedure (tax liability of the recipient of the service); the net amount is then decisive. Entrepreneurs based in Germany pay the stated price including VAT and receive an invoice with VAT shown separately. Tax is calculated automatically via Stripe Tax on the basis of your information; you are responsible for its accuracy.

(3) The fee is payable monthly in advance at the beginning of each billing period. Payment is made via Stripe using the payment methods offered there. You will receive an invoice by e-mail or in the customer portal; you agree to electronic invoices.

(4) If a payment cannot be collected, Stripe will attempt to collect it again. We may suspend the use of paid functions until payment is received after we have informed you by e-mail and set you a reasonable deadline for payment. Your access to results already created remains unaffected.

(5) Price changes: We can only change the prices for ongoing subscriptions with your consent. We will inform you of the change in text form at least six weeks before it is scheduled to take effect and ask for your consent. If you do not consent, your subscription will continue at the previous price; we are then entitled to terminate the subscription with one month's notice to the end of a billing period. Your right to terminate at any time to the end of the billing period remains unaffected.

§ 6 Term and termination

(1) Subscriptions each run for a billing period of one month and are automatically renewed for a further month unless terminated.

(2) You can terminate your subscription at any time to the end of the current billing period – simply via the button „Verträge hier kündigen“ ("Cancel contracts here") at /app/abo (§ 312k BGB) or via the Stripe customer portal. Termination by e-mail to info@hr-codelabs.de is also possible. You will receive confirmation of the termination in text form.

(3) Once the termination takes effect, access to the paid functions ends. Your account remains in place; you can continue to access and download your existing results as long as you do not delete your account.

(4) The right of both parties to extraordinary termination for good cause remains unaffected. Good cause exists for us in particular if you seriously violate § 7 or § 8, or repeatedly violate them despite a warning, or are in default of payment of at least two monthly fees.

(5) You can delete your customer account at any time at /app/konto. Any ongoing subscription will then end at the end of the billing period; no pro rata refund will be made unless otherwise required by law.

§ 7 Obligations of the Customer

(1) You keep your access data secret and protect it against access by third parties. If there are indications of misuse, you inform us without undue delay.

(2) You use Macreto only within the scope of these Terms and Conditions and applicable laws. In particular, it is not permitted
a) to use or overload the Service through automated access (bots, scrapers) outside the interfaces provided by us;
b) to circumvent security mechanisms or usage limits;
c) to resell the Service or grant third parties access to your account unless expressly permitted (e.g. employees of a business customer);
d) to use results or the Service to develop a competing product or to train AI models.

(3) Duty to review: You carefully review all results for accuracy of content, lawfulness and suitability before approval and publication (see § 10).

(4) You back up your results yourself by downloading them if you need them beyond the periods specified in § 14. Raw data is automatically deleted 30 days after the last activity in the respective project.

(5) You comply with the terms of use of the platforms on which you publish content (e.g. YouTube policies, including the disclosure of synthetic content).

§ 8 Uploaded content, warranty of rights and prohibited content

(1) You only upload content to which you hold the necessary rights. In particular, you warrant that

a) you are the owner of the copyrights and related rights to the recordings or hold the rights of use required for processing and publication – including for third-party music, software interfaces, images, videos, trademarks and texts contained in the recordings;
b) all identifiable persons in the recordings have consented to the recording, editing and publication, or publication without consent is permitted by law (right to one's own image, §§ 22, 23 KUG – German Art Copyright Act; general right of personality; data protection);
c) the recordings do not contain any confidential third-party data (e.g. customer data, passwords, e-mails on the screen) whose processing or publication you are not entitled to be responsible for.

(2) Prohibited content. You may not upload, generate or have published with Macreto any content that
a) violates criminal laws, in particular depictions of child sexual abuse, incitement to hatred (Volksverhetzung), glorification of violence, symbols of unconstitutional organisations, insult, defamation or slander;
b) is pornographic or violates the protection of minors;
c) infringes the rights of third parties, in particular copyrights, trademark rights, personality rights or data protection rights;
d) depicts real persons in a deceptively realistic manner or puts statements into their mouths without their consent (deepfakes), or otherwise deceives about the origin of content;
e) contains or promotes disinformation, election manipulation, fraud, malware or misleading advertising (e.g. impermissible healing promises, unrealistic earnings promises, unlabelled advertising);
f) spreads hatred or discrimination based on protected characteristics;
g) violates the usage policies of our AI providers (in particular Anthropic's Usage Policy).

(3) We are not obliged to check content in advance. If we become aware of specific indications of unlawful content, we may block or delete the content concerned and abort processing. In doing so, we take your legitimate interests into account, inform you of the measure and – insofar as reasonable – give you the opportunity to comment. In this case, a video already deducted for processing will not be credited back.

(4) Indemnification: If third parties make claims against us due to an infringement of rights based on content uploaded by you, your instructions or a publication initiated by you, you indemnify us against these claims, including the reasonable costs of legal defence. This does not apply insofar as you are not responsible for the infringement. We will inform you of the claim without undue delay and coordinate the defence with you.

§ 9 Rights of use

(1) Your content: You retain all rights to your uploaded content. You grant us a simple (non-exclusive), non-transferable right, limited to the term of the contract and the storage periods, to store, reproduce, edit (e.g. cut, transcribe, analyse) your content and transmit it to our service providers, insofar as this is necessary to provide our services. Within the scope of auto-posting, the right also includes making the content available to the public on the platforms selected by you at the times specified by you.

(2) No use as a reference or for training: We do not use your content and results for advertising purposes, as a reference or example, or for training our own AI models, unless you have expressly consented in advance.

(3) Results: Upon their creation, we grant you a simple (non-exclusive), transferable and sub-licensable right, unlimited in time and space, to use the results created with Macreto (videos, scripts, titles, descriptions, thumbnails, Shorts, posts) in all types of use – including commercially – in particular to reproduce, edit, publish and make them available to the public, insofar as we hold these rights. The right of use continues beyond the end of the contract. In the Starter plan and for the free video, the end credits "Made with Macreto" are part of the result; they may not be removed.

(4) Note on protectability: Under the current legal situation in Germany and the EU, content predominantly generated by AI is often not protected by copyright due to the lack of human creation. We therefore do not warrant that you hold exclusive rights to the results or that you can take action against imitations by third parties. Similar or identical AI results may also arise for other users.

(5) AI images, sound effects and AI music: For AI-generated images, sound effects and music, the terms of use of the respective model providers, which we access via our service provider, apply in addition. We only grant you rights to them to the extent that these terms permit commercial use. The AI music is intended for use in the respective video; separate distribution as a stand-alone music or sound recording (e.g. via streaming services or music libraries) and the registration of the music or sound effects in content recognition systems (e.g. YouTube Content ID) are not permitted.

(6) Rights to Macreto: All rights to the software, the design, the templates, slide layouts, trademarks and other components of Macreto remain with us or our licensors. Insofar as templates or design elements of ours become part of a result, paragraph 3 applies.

(7) Feedback: We may use suggestions and proposals for improvement free of charge and without restriction to improve Macreto. Your name or your statements (testimonials) will only be published with your consent.

§ 10 Notes on artificial intelligence

(1) Macreto generates results with the help of AI systems. AI results may be incorrect, incomplete, outdated or misleading, may reproduce facts incorrectly ("hallucinations"), may unintentionally resemble existing works or trademarks, or may seem inappropriate. The Customer is obliged to review every result themselves before approval and publication – in particular factual claims, instructions, figures, names, prices, legal or health-related statements and compliance with obligations to label advertising.

(2) By approving and publishing, the Customer adopts the content as their own. The Customer alone is responsible for published content, even if it is published via auto-posting.

(3) Labelling: Macreto labels AI-generated images in the video with a visible notice and, when auto-posting, applies the label for AI-generated or synthetic content where the platform allows this. The Customer may not remove or falsify these labels insofar as they are required by law (in particular under Art. 50 of the AI Regulation (EU) 2024/1689) or by the platform's guidelines. The Customer is responsible for correct disclosure in the case of independent publications. You can find further information in our AI notices.

(4) The AI functions serve to support the creation of content. They do not replace professional, legal or tax advice.

§ 11 Availability and changes to the Service

(1) We endeavour to ensure that Macreto is available with as few interruptions as possible. 100% availability is technically not possible. Restrictions may arise in particular from maintenance work, security measures, internet disruptions or failures of our service providers (e.g. AI providers). Where possible, we announce planned maintenance work in good time in advance and schedule it for periods of low usage.

(2) Processing times for the creation of videos depend on scope, capacity utilisation and third-party providers. Information on duration in the app consists of non-binding estimates.

(3) We continuously develop Macreto. We may change the Service if there is a valid reason for doing so – such as adaptation to a new technical environment, changed conditions or the discontinuation of services by our third-party providers, an increased number of users, security reasons or a change in the legal situation – and the change is reasonable for you. For consumers, § 327r BGB applies: if a change impairs your access or usability more than insignificantly, we will inform you in text form in good time in advance; you may then terminate the contract free of charge within 30 days of receipt of the information or of the change.

(4) We provide updates that are necessary to maintain conformity with the contract (in particular security updates) (§ 327f BGB).

§ 12 Warranty

(1) Consumers: The statutory provisions on contracts for digital products (§§ 327 et seq. BGB) apply.

(2) Entrepreneurs: The statutory provisions on the respective type of contract apply, subject to the following: defects must be notified to us in text form with a comprehensible description without undue delay after becoming known. Strict liability (regardless of fault) for defects already existing at the time the contract was concluded (§ 536a(1) alt. 1 BGB) is excluded. The limitation period for claims for defects is one year, except in the cases of § 13(1).

(3) The fact that AI results do not always meet the Customer's expectations or may contain inaccuracies of content is a characteristic of the technology and does not in itself constitute a defect, as long as the results are suitable for the purpose assumed under the contract – as a draft for review and revision by the Customer.

§ 13 Liability

(1) We are liable without limitation
a) in the event of intent and gross negligence,
b) for damage resulting from injury to life, body or health,
c) under the German Product Liability Act (Produkthaftungsgesetz),
d) to the extent of a guarantee assumed by us,
e) in the event of fraudulent concealment of a defect.

(2) In the event of a slightly negligent breach of an essential contractual obligation, our liability is limited to the damage typical for the contract and foreseeable at the time the contract was concluded. Essential contractual obligations (cardinal obligations, Kardinalpflichten) are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance you may regularly rely.

(3) Otherwise, our liability for damage caused by slight negligence is excluded.

(4) Within the scope of paragraphs 2 and 3, we are only liable for the loss of data in the amount of the effort that would have been required for restoration if you had backed up data properly and regularly. Raw data is deleted as scheduled after 30 days (§ 14); this does not constitute a breach of duty.

(5) We are not liable for damage arising from your publishing results without review contrary to § 10, insofar as the damage would have been avoidable with the required review. Liability under paragraph 1 remains unaffected.

(6) The above limitations of liability also apply in favour of our vicarious agents and legal representatives.

§ 14 Data storage, export and deletion

(1) Raw data (uploaded tutorials and facecam recordings) is automatically deleted 30 days after the last activity in the respective project. Make sure that you request correction rounds within this period insofar as raw material is required for them.

(2) Results (videos, scripts, packages) remain stored until you delete them, at the longest until your account is deleted (then immediately; in database backups for up to 28 more days).

(3) Database backups are retained for 28 days. Deleted data may still be contained in backups until this period expires; it will not be restored from them except to remedy data loss.

(4) You can export your data at any time at /app/konto. After the end of the contract, we will, on request, make available to you non-personal content that you provided or created while using the Service, in accordance with § 327p(3) BGB.

(5) You can find details on the processing of personal data in the Privacy Policy. For entrepreneurs, the Data Processing Agreement applies in addition.

§ 15 Beta phase and invitation codes

(1) Macreto is currently in a beta phase. Functions may change, have limited availability or contain errors.

(2) With a valid invitation code, beta participants receive the Creator plan free of charge for one month. In return, we ask for honest feedback on Macreto (e.g. via the feedback form or a short conversation).

(3) The free beta period ends automatically after one month. It does not automatically convert into a paid subscription. If you would like to continue using Macreto afterwards, you can book a plan.

(4) Invitation codes are personal, non-transferable and cannot be redeemed for cash. We may end the beta phase at any time or change its conditions for future participants; ongoing free periods remain unaffected.

(5) For free-of-charge beta use, notwithstanding § 13(2) and (3), we are only liable for intent and gross negligence and in the cases of § 13(1)(b) to (e) (cf. §§ 521, 599 BGB).

§ 16 Auto-posting and connected accounts

(1) In the Creator and Pro plans, you can connect social media accounts to Macreto. Publication takes place via our service provider Zernio using the platforms' official interfaces.

(2) We only publish content that you have approved and for which you have set a time. You can change or cancel scheduled publications up until the time of publication.

(3) We have no influence on the platforms. We are not liable if a platform rejects, delays, restricts the reach of or removes a post, or blocks your account, unless we are responsible for this under § 13. The platforms may change their interfaces at any time; as a result, individual functions may cease to be available temporarily or permanently.

(4) You can disconnect at any time in the app.

§ 17 Right of withdrawal for consumers

Consumers have a statutory right of withdrawal (Widerrufsrecht). Details can be found in our Information on the Right of Withdrawal.

§ 18 Changes to these Terms and Conditions

(1) We may amend these Terms and Conditions for the future if this is necessary for a valid reason, in particular due to changes in the law, changes in case law, new functions or changed conditions of our service providers, and the change does not shift the balance between performance and consideration to your disadvantage.

(2) Consumers: We will notify you of changes in text form at least six weeks before they take effect and ask for your consent (e.g. by clicking in the app). If you do not consent, the previous Terms and Conditions continue to apply; we may then terminate the subscription with one month's notice to the end of a billing period.

(3) Entrepreneurs: We will notify you of changes in text form at least four weeks before they take effect. If you do not object within this period, the changes are deemed approved. We will specifically point out this consequence in the notification. In the event of an objection, both parties may terminate the contract with effect from the time the change takes effect.

(4) We may make changes that are exclusively to your advantage or are purely editorial in nature without consent.

§ 19 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). With regard to consumers, this choice of law only applies insofar as it does not deprive you of the protection afforded to you by mandatory provisions of the law of the state of your habitual residence.

(2) If you are a merchant (Kaufmann), a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office. We are also entitled to bring an action at the Customer's general place of jurisdiction.

(3) Dispute resolution: We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle).

(4) Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provisions (§ 306(2) BGB).

Last updated: [STAND fehlt]