General Terms & Conditions

1. Scope and Provider

These General Terms and Conditions ("Terms") govern your use of myHERALD, an autonomous AI content engine SaaS platform ("Platform"), operated by:

Winkler Technologies GmbH

Geschäftsführer: Fabian Winkler

Achter de Knick 4, 24980 Schafflund, Germany

Handelsregister: HRB 18225, Amtsgericht Flensburg

Tax ID: in application

Email: [email protected]

By creating an account or using the Platform, you agree to these Terms. If you do not agree, you may not use the Platform.

These Terms apply to both consumers (Verbraucher, § 13 BGB) and businesses (Unternehmer, § 14 BGB). Where specific provisions apply only to consumers, this is explicitly stated.

2. Data Processing Agreement

Where myHERALD processes personal data on behalf of the Customer in the course of providing the Services, the Data Processing Agreement ("DPA") available at myherald.io/dpa forms an integral part of these Terms and is hereby incorporated by reference. By accepting these Terms, the Customer also accepts the Data Processing Agreement.

The list of myHERALD's sub-processors is maintained at myherald.io/sub-processors. myHERALD will notify the Customer of any addition or replacement of sub-processors at least thirty (30) days in advance, giving the Customer the opportunity to object on reasonable data protection grounds.

In the event of any conflict between these Terms and the DPA concerning the processing of personal data, the DPA shall prevail.

3. Description of Services

myHERALD is a cloud-based SaaS platform that enables businesses to plan, research, write, review, and publish social media and long-form content using an autonomous team of AI agents. The Platform includes:

• AI-powered content generation via multi-agent orchestration (research, writing, review, illustration, publishing)
• Conversational chat interface for natural-language content requests
• Knowledge base management (brand voice, skills, reference documents) with semantic search (RAG)
• Multi-user workspace with role-based access
• Content pipeline management (kanban board, calendar, review workflow)
• Direct publishing to social media platforms (LinkedIn, Reddit, and others as added)

4. Account Registration and Workspace

To use the Platform, you must create an account with a valid email address and password. You are responsible for maintaining the confidentiality of your credentials and for all activities under your account.

Each account is associated with one or more workspaces. Workspaces are isolated environments with their own content, knowledge base, skills, team members, and usage data. Data is strictly separated between workspaces through Row Level Security.

You must be at least 16 years old to create an account. By registering, you represent that the information you provide is accurate and complete.

5. Pricing and Payment

myHERALD's pricing plans and billing terms will be published on the Platform when available. Until pricing is announced, the Platform may be used under the terms communicated at the time of your registration.

When paid plans become available, applicable fees, billing cycles, and payment terms will be clearly communicated before any charges are incurred. You will not be charged without your explicit consent.

6. Right of Withdrawal (Widerrufsrecht)

This section applies to consumers only (§ 13 BGB).

7. Subscription Cancellation

You may cancel your subscription at any time. In accordance with § 312k BGB, you can cancel directly within the Platform using the cancellation option in your account settings. You will receive an email confirmation of your cancellation.

Upon cancellation, your subscription remains active until the end of the current billing period. After that, your account will be downgraded and you will lose access to paid features. Your data will be retained for 90 days after the end of your subscription, after which it will be permanently deleted unless retention is required by law.

Inactive accounts: free and expired-trial accounts that do not have an active paid subscription and show no activity for 12 months will be deleted to comply with data-minimization requirements. We send advance email notice 30 and 7 days before deletion, and any sign-in during that period cancels it. Accounts with an active subscription are not subject to inactivity deletion. Records we are legally required to keep, such as invoices, are retained for the applicable statutory periods.

You may also cancel by sending an email to [email protected].

8. Intellectual Property Rights

8.1 Your Content

You retain all intellectual property rights in the content you input into the Platform (brand voice documents, skills, knowledge base materials, and other uploads). By uploading content, you grant us a limited, non-exclusive, worldwide license to process your content solely for the purpose of providing the Platform services to you. This license terminates when you delete your content or close your account.

8.2 AI-Generated Output

myHERALD does not claim any intellectual property rights in AI-generated content produced by the Platform. To the extent permitted by applicable law, all rights in the output are assigned to you.

However, you acknowledge that the legal status of AI-generated content under copyright law is evolving and varies by jurisdiction. AI-generated text and images may not qualify for copyright protection in all jurisdictions, meaning exclusive rights over such content may be limited or unavailable. myHERALD makes no representation or warranty regarding the copyrightability of any AI-generated output.

You are solely responsible for determining whether AI-generated content is suitable for your intended use, including assessing its intellectual property status in your jurisdiction.

8.3 Platform IP

All rights in the Platform itself, including its software, design, branding, algorithms, and documentation, remain the exclusive property of Winkler Technologies GmbH. Nothing in these Terms grants you any rights to our intellectual property beyond the limited right to use the Platform as a subscriber.

9. AI Content Disclaimer and User Responsibilities

Content generated by the Platform, including text, images, and other media, is produced by artificial intelligence and is provided "as is" without any warranty of any kind. This includes, without limitation, warranties of accuracy, completeness, originality, non-infringement, or fitness for a particular purpose.

You acknowledge and accept the following:

• You are solely responsible for reviewing, editing, fact-checking, and approving all AI-generated content before publication or distribution. Published content is your content.
• AI-generated content may unintentionally resemble or reproduce existing copyrighted works, trademarks, or other protected material. myHERALD does not verify AI output against existing intellectual property and cannot guarantee that generated content does not infringe third-party rights.
• AI-generated images may be based on patterns learned from training data. You are responsible for ensuring that images you publish do not infringe third-party copyrights, trademarks, personality rights, or other rights. myHERALD does not provide any clearance, rights check, or legal review of generated images.
• You are responsible for labeling AI-generated content as required by applicable law, including the EU AI Act (Art. 50) and any national implementation laws.
• AI-generated content may contain factual inaccuracies, fabricated citations, outdated information, or unintended bias. You should not rely on AI output as a substitute for professional advice (legal, medical, financial, or otherwise).
• We do not use your input or output data to train AI models. Your data is processed solely to deliver the service you requested.

To the maximum extent permitted by applicable law, myHERALD disclaims all liability for claims, damages, or losses arising from your publication or use of AI-generated content, including but not limited to intellectual property infringement claims, defamation claims, or regulatory penalties. Your use of AI-generated content is at your own risk.

10. Confidentiality

We treat all content you upload to the Platform as confidential. We will not access, use, or disclose your content except as necessary to provide the Platform services, comply with the law, or as described in our Privacy Policy.

Your content is stored in isolated workspaces with Row Level Security, ensuring strict cross-tenant data separation. Our sub-processors are bound by data processing agreements that include confidentiality obligations.

11. Acceptable Use

You agree not to use the Platform to:

• Generate content that is illegal, defamatory, harassing, discriminatory, or violates third-party rights
• Attempt to reverse engineer, decompile, or extract source code from the Platform
• Circumvent usage limits or security measures
• Use automated means (bots, scrapers) to access the Platform beyond intended API usage
• Share account credentials or allow unauthorized access to your workspace
• Resell or redistribute Platform access without our written consent

We reserve the right to suspend or terminate accounts that violate these terms, with prior notice where reasonably possible.

12. Reporting Illegal Content

If you believe any content hosted on the Platform is illegal under EU or national law, you may report it by emailing [email protected] with:

• A description of the content you believe is illegal
• The exact location (URL or description) of the content
• Your name and email address
• A statement that you believe in good faith the content is illegal

We will review your report promptly and notify you of our decision. If content is removed, the uploader will be informed of the reason and their right to contest the decision.

13. Content Moderation

myHERALD may review, remove, or restrict access to content that violates these Terms or applicable law. Content moderation decisions may be made by human review or, in limited cases, automated systems.

If your content is restricted or removed, you will be notified with the reason and your options for contesting the decision. You may contact us at [email protected] to appeal any content moderation decision.

myHERALD does not use algorithmic recommendation systems to amplify or suppress user content. Content visibility within workspaces is determined solely by the workspace members' own organization and settings.

14. Third-Party Platform Integrations

The Platform allows you to connect third-party services (e.g. LinkedIn, Reddit, X/Twitter, and others) for content publishing and data import. These connections are initiated by you and are subject to the following:

• Each third-party platform is an independent service governed by its own terms of service and privacy policy. myHERALD is not a party to your agreement with any connected platform.
• You are solely responsible for complying with the terms and policies of any platform you connect, including content guidelines, posting limits, and intellectual property policies.
• myHERALD is not liable for any account restrictions, suspensions, or penalties imposed by third-party platforms as a result of content published through the Platform.
• Third-party platforms may change their APIs, terms, or functionality at any time. myHERALD does not guarantee continued compatibility with any specific platform and is not liable for features that become unavailable due to third-party changes.
• You are responsible for managing your third-party platform credentials and tokens. myHERALD stores these securely but is not liable for unauthorized access resulting from your failure to maintain credential security.

15. Availability, Third-Party Dependencies, and Service Levels

We strive to maintain high availability of the Platform but do not guarantee uninterrupted or error-free access. No specific uptime percentage or service level agreement (SLA) is offered unless separately agreed in writing.

The Platform relies on third-party services that are outside our control, including but not limited to AI model providers (Anthropic, OpenAI, Google), cloud infrastructure providers, payment processors, and social media platform APIs. The availability, performance, and functionality of the Platform are directly dependent on these services.

myHERALD is not liable for any disruption, degradation, or unavailability of the Platform caused by:

• Outages, rate limits, capacity constraints, or performance issues of third-party AI providers
• Changes to third-party APIs, pricing, terms, or capabilities that affect Platform functionality
• Scheduled or unscheduled maintenance of third-party services
• Internet connectivity issues or network disruptions beyond our infrastructure

In the event of a sustained disruption caused by a third-party provider, we will use commercially reasonable efforts to communicate the issue and restore service. Where a disruption materially affects the Platform for an extended period, affected users on paid plans may request a pro-rata credit for the affected period by contacting support. Such credits are granted at our reasonable discretion and constitute your sole remedy for service disruptions.

Scheduled maintenance by myHERALD will be announced in advance where reasonably possible.

16. Limitation of Liability

Our liability is governed by the following provisions, in compliance with German law (§§ 305–310 BGB):

• Unlimited liability: We are fully liable for damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit), for injury to life, body, or health, and under the Product Liability Act (Produkthaftungsgesetz).
• Material obligations (Kardinalpflichten): In case of slight negligence in breach of a material contractual obligation, our liability is limited to the foreseeable, typically occurring damage.
• Other cases of slight negligence: We are not liable for slight negligence beyond breaches of material obligations.
• Cap: Where liability is limited to foreseeable, typically occurring damage, total liability shall not exceed the fees paid by you in the 12 months preceding the event giving rise to the claim.

These limitations apply regardless of the legal theory (contractual, tortious, or otherwise), except where mandatory law provides otherwise.

17. Indemnification

You agree to indemnify and hold Winkler Technologies GmbH, its officers, employees, and agents harmless from any claims, damages, losses, or expenses (including reasonable legal fees) arising from or related to:

• Your publication, distribution, or commercial use of AI-generated content produced by the Platform, including intellectual property infringement claims, defamation claims, or regulatory actions
• Content you input into the Platform that infringes third-party rights
• Your violation of these Terms or applicable law
• Your use of connected third-party platform integrations

This indemnification obligation does not apply to the extent that the claim results directly from our intentional misconduct or gross negligence (Vorsatz oder grobe Fahrlässigkeit).

18. Force Majeure

Neither party shall be liable for failure or delay in performing its obligations to the extent caused by events beyond its reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, power failures, internet outages, or third-party service provider failures. The affected party shall promptly notify the other party and use reasonable efforts to mitigate the impact.

19. Changes to These Terms

We may amend these Terms from time to time. Material changes will be communicated via email at least 30 days before they take effect. If you do not agree with the amended Terms, you may cancel your subscription before the changes take effect. Your continued use of the Platform after the effective date constitutes acceptance of the amended Terms.

20. Online Dispute Resolution

The European Commission provides an online dispute resolution (ODR) platform: https://ec.europa.eu/consumers/odr

We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

21. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

For business customers (Unternehmer), the exclusive place of jurisdiction is Flensburg, Germany.

For consumers (Verbraucher), the mandatory consumer protection provisions of the country of your habitual residence shall apply, and you may bring proceedings in the courts of your habitual residence in accordance with Regulation (EU) No 1215/2012 (Brussels I bis).

22. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision.

23. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and myHERALD (Winkler Technologies GmbH) regarding your use of the Platform and supersede all prior or contemporaneous agreements, representations, or understandings.

24. Contact

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

Email: [email protected]

Postal address: Winkler Technologies GmbH, Achter de Knick 4, 24980 Schafflund, Germany