Terms and Conditions

1. Scope of application

These terms and conditions apply to the use of the software application “Wunderwrite”. This application is operated by Kurskontrolle UG (haftungsbeschränkt) – hereinafter referred to as “Provider” –, Jahnstraße 43, 41564 Kaarst in Germany represented by the managing directors Dr. Simon Lichte, Kornelius Dridger. Conflicting terms of the user are not accepted. Regulations deviating from these Terms and Conditions are only valid if the provider explicitly agrees to them. These Terms and Conditions apply without prejudice to the Terms and Conditions of the app distribution platforms Apple App Store (Apple Media Services) and Google Play.

2. Formation and content of the contract

2.1 The software application “Wunderwrite” may only be used in accordance with the conditions set forth in these terms and any applicable laws. For a monthly fee, users of the software application “Wunderwrite” can access image recognition and caption creation. Users of the starter subscription plan can recognize 80 images and create 160 captions each month, those on the standard subscription plan can recognize 240 images and create 480 captions each month, while those on the unlimited subscription plan do not have a fixed limit. The usage of all subscription plans is governed by a fair-use policy.

2.2 The contractual relationship shall come into effect in case of download via the app distribution platform Apple App Store and by subscribing to the service. In the case of a download via the app distribution platform Google Play, Google is the responsible merchant of record (contractual partner). The User can choose from various subscription variants, each with a different scope of services and a correspondingly staggered monthly fee.

2.3 The User is granted access to the Content to a limited extent in accordance with the subscription selected by the User. Any excessive use is subject to review by Provider in order to detect and prevent User behavior that may violate these terms regardless the selected subscription plan.

2.4 The User shall not be contractually owed any specific success when applying the content generated by “Wunderwrite”, especially no guaranteed increase in followers, likes and engagement.

2.5 The User shall be granted a simple, non-transferable right to use the software application for the term of the agreement.

2.6 In the event of a download via the Apple App Store app distribution platform, the following provisions shall apply in addition:

  • The Terms and Conditions of Apple Media Services shall apply to the use of the Software Application in addition to the Terms and Conditions herein.
  • The software application may be accessed and used by other accounts that are connected to the user via family sharing or a volume purchase.
  • Contractual or statutory maintenance and support is the responsibility of the provider, not Apple.
  • The provider is the debtor of any applicable warranty claims. User may notify Apple if the Software Application fails to conform to any warranty right. Apple may refund the purchase price of the Software Application to the User. No warranty claims shall be made against Apple with respect to the Software Application. All other claims, losses, liabilities, damages, costs or expenses attributable to the failure to comply with any warranty shall be the responsibility of the Provider.
  • The Provider, not Apple, are responsible for satisfying any claims by the User or any third party relating to the Software Application or the End User’s possession and/or use of this Licensed Application. This applies in particular to: (i) product liability claims; (ii) claims arising from the Software Application’s failure to comply with legal or regulatory requirements; and (iii) claims arising under consumer protection, privacy or similar laws, including in connection with the Software Application’s use of the HealthKit and HomeKit frameworks.
  • In the event of a claim by a third party that the Software Application or its possession and use infringes User’s intellectual property rights or copyrights of such third party, Provider, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any such claim.
  • User hereby represents and warrants that (i) he/she is not located in a country subject to a U.S. government embargo or designated by the U.S. government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. government list of prohibited or restricted parties.
  • User must comply with applicable third party contract terms (e.g., wireless data service providers) when using the Software Application.
  • Apple and Apple’s affiliates are third party beneficiaries of these Terms and Conditions. Apple shall have the right, upon User’s acceptance of the Terms and Conditions, to enforce the Terms and Conditions against User as a third party beneficiary.

2.7 Depriving Users of access to the software application “Wunderwrite” or the service, terminating contracts, and reporting any wrongdoing committed through the software application “Wunderwrite” or the service to competent authorities (such as judicial or administrative authorities) are all measures that the Provider reserves the right to take to protect its legitimate interests. This includes situations where users are suspected of breaking any laws, regulations, third-party rights, and/or these terms.

3. Subscription and payment obligation

3.1 The paid subscription period shall commence upon expiration of the trial subscription, unless the User terminates the agreement prior to expiration of the trial subscription.

3.2 The subscription fees shall be paid in each case on the first day of the subscription period.

4. Content restrictions

4.1 Users are solely responsible for ensuring that their use of the software application “Wunderwrite” and/or the service does not conflict with any laws, rules, or rights of third parties that may be in force. Depriving users of access to the software application “Wunderwrite” or the service, terminating contracts, and reporting any wrongdoing committed through the software application “Wunderwrite” or the service to competent authorities (such as judicial or administrative authorities) are all measures that the provider reserves the right to take to protect its legitimate interests. This includes situations where users are suspected of breaking any laws, regulations, third-party rights, and/or these terms.

4.2 The User is not allowed to use, upload, distribute, publish or otherwise make accessible the following material:

  • material that is illegal, offensive, untrue, defamatory, or inappropriate;
  • any material that encourages hate, racism, discrimination, pornography, or violence, either directly or indirectly;
  • any information that is false or could cause an unwarranted alarm;
  • any material covered by intellectual property laws, including but not limited to patent, trademark, or copyright laws, without the express written permission of the provider of such rights;
  • any other content that violates the rights of any third party, including but not limited to state, military, commercial, or personal information;
  • any materials or engaging in any actions that compromise the integrity of the software application “Wunderwrite”, another user’s experience, or their equipment in any way. Spamming, distributing unauthorized advertisements, phishing, defrauding others, and disseminating malware or viruses are some examples of such activities.

5. Excessive use

5.1 Excessive use of an application resource relative to other users is subject to review; in such cases, the Provider further reserves the right to suspend the User’s account or restrict related activity until the User reduces the excessive consumption regardless of the selected subscription plan.

5.2 Excessive use of the API to make abusive or excessively frequent requests to the service is not permitted. In addition to reserving the right to temporarily or permanently suspend the User’s access to the API, the Provider will decide what constitutes abuse or excessive usage of the API. In these circumstances, the Provider shall use commercially reasonable efforts to notify the user prior to suspension.

6. Limitation of liability

6.1 Disclaimer

6.1.1 EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE PROVIDER, ITS THIRD PARTY AFFILIATES, THEIR RESPECTIVE DIRECTORS AND EMPLOYEES, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF ANY WUNDERWRITE SERVICE (INCLUDING USE OF THE APP, THE WEBSITE, THE INFORMATION, OR THE CONTENT), WHETHER ARISING IN NEGLIGENCE, TORT, FUNDAMENTAL BREACH, STATUTE, EQUITY, CONTRACT, COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY, HOWEVER CAUSED, EVEN IF ANY PARTY HAS BEEN ADVISED OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

6.1.2 The Provider obtains data and information from third parties for the creation of its Contents. A comprehensive review of all information and data obtained from third parties is not possible for the provider.

6.2 Integrity and confidentiality of data

The Provider shall take appropriate technical and organizational measures to protect User Data against loss, theft or manipulation in accordance with the state of the art.

6.3 Reception faults and maintenance

6.3.1 The Provider shall not be liable for malfunctions within the radio network for which the Provider is not responsible.

6.3.2 The Provider shall not be liable for the temporary inaccessibility of the application within the scope of necessary maintenance work. Maintenance work shall be announced by the Provider with a notice period of 24 hours. If a security threat requires action at shorter notice, the Provider is entitled in this case to carry out the maintenance work without delay.

7 Term of contract and termination

7.1 Subscriptions

If the subscription is not terminated before the end of the current subscription period, it shall be automatically extended by the same period. The User may terminate the User Agreement at any time via the corresponding functions for setting his subscriptions in the respective app distribution platform (Apple App Store, Google Play) at the end of the current subscription period.

7.2 Termination without notice by the Provider

The Provider has the right to terminate the User Agreement with the User without notice if the User has repeatedly violated these Terms and Conditions.

8. Revocation policy

The provisions of the respective app distribution platform (Apple App Store, Google Play) apply to the right of revocation. The Terms and Conditions of the app distribution platform Apple App Store (Apple Media Services) can be accessed at the following web address: https://www.apple.com/legal/internet-services/itunes/us/terms.html

The terms and conditions of the Google Play app distribution platform can be accessed at the following web address: https://play.google.com/intl/en_US/about/play-terms/

8. Information for consumers in distance contracts and customer information for contracts in electronic commerce

8.1 The Provider is not subject to any special codes of conduct.

8.2 The user can check any transmission or input errors by counter-reading the data entered before completing his booking and, if necessary, use the “back” button to change his entries on the respective page.

8.3 The essential features of the services offered by the Provider as well as the period of validity of limited offers can be found by the User in the individual subscription descriptions within the scope of the Internet offer.

8.4 The languages available for the conclusion of the contract is English.

8.5 The User can submit complaints at the address given in the provider identification or by e-mail to team@wunderwrite.ai.

8.6 The User can download the text of the contract (consisting of the order data and the GTC) in the software application and save it locally on the device. The text of the contract is also stored by the provider and made available to the user by e-mail after conclusion of the contract via a link.

8.7 Information on payment or fulfillment can be obtained by the User from the respective app distribution platform (Apple App Store, Google Play).

8.8 Complaint procedure via the ODR platform: Consumers have the option to initiate an out-of-court dispute resolution in disputes via this link to the European ODR platform.

9. Final provisions

9.1 The laws of the Federal Republic of Germany shall apply to the exclusion of the conflict of laws provisions. The legal regulations and rights existing under the law of the user’s country of residence in favor of the consumer shall remain unaffected by this agreement.

9.2 If individual provisions of these Terms and Conditions are not legally effective in whole or in part, or if they later lose their legal effectiveness, the validity of the remainder of the agreement shall not be affected. The invalid provision shall be replaced by the statutory provision.

Last updated: August 20th, 2023

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