Terms of Service

1. Scope & Acceptance

These Terms of Service ("Terms") govern your access to and use of trypia.app (the "Service"), operated by [LEGAL_NAME], [BUSINESS_ADDRESS], Germany ("trypia", "we", "us"). By creating an account or using the Service, you agree to these Terms. If you are using the Service on behalf of a company or other organization, you confirm that you are authorized to bind that organization to these Terms.

2. Description of the Service

trypia lets you create a post once and publish it to multiple accounts across multiple social media platforms simultaneously. Publishing to third-party platforms is carried out with the assistance of a technical processor (PostForMe). Availability and functionality of the Service depend in part on the APIs and policies of the connected third-party platforms, which are outside our control (see Section 7).

3. Eligibility & Account Registration

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Service. When you register, you agree to provide accurate information and to keep your login credentials confidential. You are responsible for all activity that occurs under your account.

4. Credits, Billing & Free Trial

The Service is offered on a usage-based, credit system: you purchase or receive credits, and credits are consumed as you use certain features of the Service (e.g. publishing a post). We offer a free trial that does not require payment details; no charges are made unless and until you purchase paid credits. Prices, available credit packages, and any credit expiry rules are displayed in the app at the time of purchase. Payments are processed by Stripe; by purchasing credits, you also agree to Stripe's applicable terms.

Unless stated otherwise at checkout, purchased credits are not refundable once consumed. If you purchased credits as a consumer and have not yet used them, statutory withdrawal rights under Section 5 apply.

5. Right of Withdrawal for Consumers

If you are a consumer within the meaning of § 13 BGB (i.e. you are acting for purposes outside your trade, business, or profession), you generally have the right to withdraw from a purchase of credits within 14 days without giving reasons, in accordance with § 312g BGB.

However, because credits allow you to immediately use a digital service, your right of withdrawal expires early once we have started performing the service, provided that (a) you have expressly consented to us beginning performance before the end of the withdrawal period, and (b) you have acknowledged that you thereby lose your right of withdrawal once the service has been fully performed, in accordance with § 356(4) BGB. At checkout, you will be asked to give this consent and acknowledgment separately before any credits are used.

To withdraw before performance has started, you may inform us by a clear statement (e.g. by email to support@trypia.app). A model withdrawal form is available on request.

6. Your Content

You retain all ownership rights in the text, images, and videos you upload and publish through the Service ("Content"). By submitting Content, you grant trypia, and the processors we use to operate the Service (including PostForMe), a limited, non-exclusive license to store, process, and transmit your Content solely for the purpose of providing the Service, in particular publishing it to the social media accounts you connect. You represent that you own or have the necessary rights to your Content, and that publishing it does not infringe any third party's rights or violate any applicable law.

7. Third-Party Platforms

The Service interacts with third-party social media platforms via their APIs, using PostForMe as a technical proxy. We do not control, and are not responsible for, the availability, terms, policies, or conduct of these third-party platforms. In particular:

• Third-party platforms may change, restrict, or discontinue their APIs at any time, which may affect or interrupt the Service.
• Your use of connected social media accounts remains subject to that platform's own terms of service; you are responsible for complying with them.
• We are not liable for suspension, restriction, or termination of your social media accounts by a third-party platform, including as a result of content you chose to publish or of automated posting activity.

8. Acceptable Use

You agree not to use the Service to:

• Publish content that is illegal, infringing, defamatory, or violates the rights of any third party;
• Distribute spam, malware, or engage in coordinated inauthentic behavior;
• Circumvent the security, rate limits, or usage policies of connected platforms;
• Use the Service in a way that violates applicable law or the terms of any connected platform.

We may suspend or terminate accounts that violate this Section, with or without prior notice where necessary to protect the Service or third parties.

9. Availability

We aim to provide a reliable Service but do not guarantee uninterrupted or error-free availability. The Service may be temporarily unavailable due to maintenance, technical issues, or circumstances attributable to third-party platforms or processors.

10. Limitation of Liability

We are liable without limitation for damages arising from injury to life, body, or health, for intentional or grossly negligent breaches of duty, and under the German Product Liability Act (Produkthaftungsgesetz), as well as for the breach of any guarantee we have expressly given.

For damages arising from the breach of a material contractual obligation (Kardinalpflicht) caused by ordinary negligence, our liability is limited to the foreseeable damage typical for contracts of this kind. In all other cases of ordinary negligence, our liability is excluded to the extent permitted by law. In no event shall our aggregate liability exceed the amount you paid to us for the Service in the twelve months preceding the event giving rise to the claim.

11. Term & Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your account for a material breach of these Terms, in particular a breach of Section 8, or if required to comply with law. Provisions which by their nature are intended to survive termination (e.g. Sections 6, 10, 12) remain in effect.

12. Governing Law & Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer habitually resident in another EU member state, this choice of law does not deprive you of the protection afforded by mandatory provisions of the law of your country of residence.

If you are a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from these Terms is our place of business.

13. Changes to these Terms

We may update these Terms from time to time, for example to reflect changes to the Service or legal requirements. We will notify you of material changes, e.g. by email or in-app notice, before they take effect. Continued use of the Service after the change takes effect constitutes acceptance of the updated Terms.

14. Miscellaneous

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect. You may not assign or transfer your rights under these Terms without our prior written consent.

15. Contact

Questions about these Terms can be sent to:

Email: support@trypia.app