General Terms and Conditions

kontiqo - a platform by DIGITALPASSION Ltd.

§ 1 Scope

(1) These General Terms and Conditions (hereinafter 'T&C') apply to all contracts between DIGITALPASSION Ltd., Tassou Papadopoulou 16, House 2, 8270 Tremithousa, Cyprus (hereinafter 'Provider') and the user (hereinafter 'Customer') regarding the use of the Software-as-a-Service platform 'kontiqo' (hereinafter 'Service'). (2) The Customer may be a consumer or a trader. A consumer is any natural person who concludes the contract for purposes which are outside their trade, business, craft or profession. A trader is any natural or legal person who concludes the contract for purposes relating to their trade, business, craft or profession (cf. Article 2(1) and (2) of Directive 2011/83/EU). Where a contract serves both purposes, the predominant purpose is decisive. (3) Deviating, conflicting or supplementary general terms and conditions of the Customer shall only become part of the contract if the Provider has expressly agreed to their applicability in writing. (4) A minimum age of 18 years is required to use the Service.

§ 2 Subject Matter

(1) The Provider makes available to the Customer via the Internet a cloud-based platform for the creation of social media content. The scope of functions is determined by the service description for the selected plan that applies on the website www.kontiqo.io at the time the contract is concluded. (2) The availability of the Service is governed by § 6. Changes to the Service are governed by § 5 (3) to (6).

§ 3 Registration and Contract Conclusion

(1) The use of the Service requires registration. Upon completion of registration, a free-of-charge usage contract is concluded between the Customer and the Provider. (2) The Customer is obligated to provide truthful and complete information during registration. Changes to data must be communicated to the Provider immediately or updated in the user account. (3) The Provider reserves the right to reject registrations without stating reasons. (4) After successful registration, the Customer receives access to a free trial period of 14 days. The trial period ends automatically and does not turn into a paid subscription by itself, not even if the Customer stores a means of payment during the trial period. A paid subscription is only concluded if the Customer concludes it in the ordering process under paragraph 5. If the Customer does not conclude a paid subscription, their user account remains in place as an account without a plan; § 10 (2) governs which functions are available in this state. (5) The Customer orders a paid subscription or additional credits as follows: the Customer selects a plan with a billing period or a credit package on the pricing page or in the settings of their user account, confirms in the following dialog, where applicable, that performance is to begin immediately, and proceeds via the 'Continue to payment' button to the payment page of the payment service provider Stripe. There the Customer enters the billing address and means of payment, agrees to these T&C, sees the plan or package, billing period and final price including VAT before ordering, and places a binding order by clicking the order button. The contract is concluded when the Provider activates the plan or the credits in the user account. (6) Before submitting the order, the Customer can correct their entries on the payment page at any time or cancel the process. (7) The version of these T&C applicable at the time the contract is concluded remains permanently available under its version designation; the link to it is at the end of these T&C, where the Customer can save and print it. The contract languages are German and English.

§ 4 User Account and Access Data

(1) The Customer is responsible for keeping their access data confidential. They must protect it from access by third parties. (2) The Customer is liable for all activities carried out using their user account, unless they are not responsible for the misuse. (3) In case of suspected unauthorized use of the account, the Customer is obligated to inform the Provider immediately at info@kontiqo.io. (4) If there are concrete indications of unauthorised use of the account, the Provider may temporarily suspend access until the matter has been clarified; § 15 (4) applies accordingly.

§ 5 Scope of Services

(1) The Provider makes available to the Customer a cloud-based platform that includes the following core functions: - Voice input for capturing content ideas (Voice-to-Text) - AI-powered creation of social media posts - Adaptation of writing style to the individual tonality of the Customer (Tone-of-Voice Training) - Analysis of reach and engagement of the Customer's own published posts (depending on plan) - Image generation for social media posts - Scheduling and timing of posts (2) The specific scope of functions depends on the plan selected by the Customer and the service description on www.kontiqo.io applicable at the time the contract is concluded. (3) The Provider continues to develop the Service. Beyond what is necessary to maintain conformity with the contract, it may change the Service only for a valid reason. Valid reasons are in particular: changes to the interfaces, terms of use or functions of connected third-party platforms (such as LinkedIn, Facebook, Instagram, Telegram, Canva); the discontinuation or material change of an AI model or other service provider used and its replacement by an equivalent one; changes in the law and orders by authorities or courts; the remedying of security vulnerabilities. Such a change does not cause the Customer any additional costs; the Provider informs the Customer about it clearly and comprehensibly. (4) If a change more than insignificantly impairs the Customer's access to or use of the Service, the Provider informs the Customer by email within a reasonable period, as a rule at least four weeks before the change, of the characteristics and timing of the change and of the Customer's rights under paragraph 5. (5) In that case the Customer may terminate the contract free of charge within 30 days of receiving the information or, if the change takes place later, of the change; fees already paid for the period after termination are refunded pro rata. This right does not exist if the impairment is only insignificant or if the Customer retains access to the unchanged Service without additional costs. (6) Functions marked 'Beta' in the Service are in a testing phase. They may change more frequently than other functions; paragraphs 3 to 5 apply to changes. The Customer's statutory rights, in particular under § 23, remain unaffected.

§ 6 Availability

(1) The Provider strives for an availability of the Service of 99% on an annual average. Excluded from this are times when the Service is not accessible due to technical disruptions beyond the Provider's control (force majeure, fault of third parties, etc.). (2) The Provider is entitled to temporarily restrict the Service for maintenance work. Planned maintenance work will, where possible, be carried out outside normal business hours and announced to the Customer in advance. (3) There is no entitlement to uninterrupted availability of the Service.

§ 7 Prices and Plans

(1) After the free trial period has expired, the Provider renders paid services only within the framework of a subscription or credit purchase concluded under § 3 (5); § 10 (2) remains unaffected. The currently valid prices and plans can be found in the price overview at www.kontiqo.io/pricing. (2) The prices stated in the price overview are final prices including VAT. The final price shown in the ordering process before the order is placed is authoritative. If a trader provides a valid VAT identification number in the ordering process and owes the VAT themselves under the statutory provisions (reverse charge mechanism), the Provider charges the price without VAT. (3) The Provider may offer the Customer a change of prices for future billing periods. It sends the offer by email at least four weeks before the intended effective date; the offer states the current and the new price, the date and how the Customer can agree. The price change only takes effect if the Customer expressly agrees to it; silence does not constitute agreement. If the Customer does not agree, the contract continues at the current price; the Provider may then terminate it with four weeks' notice to the end of a billing period. The Customer's right to cancel under § 11 remains unaffected.

§ 8 Billing Period and Payment

(1) The Customer may choose between monthly and annual billing. The billing period begins on the day from which the subscription is subject to a charge. If the Customer concludes the subscription during the trial period, the trial period continues until its end; the first billing period and the obligation to pay only begin afterwards. (2) Payment is made in advance at the beginning of each billing period. (3) Payment processing is handled by the payment service provider Stripe; the available means of payment are shown in the ordering process. (4) The Provider will provide the Customer with an invoice in electronic form. (5) If a payment due remains outstanding even after repeated payment attempts, the paid subscription ends; § 10 (2) applies thereafter.

§ 9 Credits

(1) As long as a paid subscription exists, the Customer may purchase additional credits to use services beyond the quota included in the booked plan. Each purchase is a separate contract to which § 3 (5) to (7) and § 12 apply. (2) Purchased credits are valid without time limit and do not expire at the end of a billing period. The Customer can use them as long as a paid subscription exists. (3) When the paid subscription ends, unused credits do not expire. They remain dormant while no paid subscription exists and can be used again with the next paid subscription. (4) If the purchase price of a credit package is refunded, for example after a withdrawal, the credits of that package lapse; other credit packages remain unaffected. Otherwise, unused credits are neither refunded nor paid out. (5) If the Customer deletes their user account (§ 11 (4)), their unused credits also lapse. (6) Credits are non-transferable and cannot be exchanged for cash or other means of payment.

§ 10 Contract Duration

(1) The paid subscription is concluded for an indefinite period. With monthly billing, the billing period renews by one month at a time unless the Customer cancels to its end. With annual billing, the initial term is one year. If the Customer is a trader, the subscription then renews for a further year at a time unless it is cancelled to the end of the current term. If the Customer is a consumer, the subscription continues for an indefinite period after the initial term and continues to be billed annually in advance; the consumer may then cancel it at any time with one month's notice, and the Provider refunds pro rata the fee already paid for the period after the cancellation takes effect. Only a person who provides a VAT identification number in the ordering process is considered a trader within the meaning of this paragraph. (2) The free trial period of 14 days ends automatically. If the Customer does not conclude a paid subscription, their user account remains in place as an account without a plan. In this state the Customer can still view and export content they have already created; no new content can be generated, and the scheduling and publishing functions are not available. The account without a plan is not a bookable plan but the state of the user account without a paid subscription; no fee is charged for this state. The paid plans are Basic, Pro and Business.

§ 11 Cancellation and Plan Change

(1) The Customer may cancel the subscription at any time to the end of the current billing period. For a consumer with annual billing, after the initial term the subscription instead ends in accordance with § 10 (1) one month after receipt of the cancellation, but no later than at the end of the current billing period. Cancellation is possible via the user account (Dashboard). Where a lower-priced paid plan is offered, the Customer may switch to that plan instead. Once the subscription has ended, § 10 (2) applies accordingly. Except in the case of § 10 (1), no notice period has to be observed. A button labelled 'Cancel contracts here' is also available for cancellation at www.kontiqo.io/kuendigung. § 33 additionally applies to switching to another provider and to the transfer of the data; no notice period has to be observed for that either. (2) In the event of cancellation, the previous functionality remains available until the cancellation takes effect. A pro-rata refund of fees already paid is only made in the cases of § 5 (5) and § 10 (1). A plan change takes effect immediately; the unused portion of the previous plan is credited pro rata and offset against the new plan. (3) The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if a party repeatedly violates material contractual obligations despite a warning. (4) The Customer may delete their account completely at any time via the user account (Dashboard). Deletion immediately ends any current paid subscription; no refund is made for the billing period already paid and not yet expired. To avoid this, the Customer should first cancel under paragraph 1 and delete the account after the end of the billing period. Deletion is permanent and cannot be reversed. All personal data of the Customer will be irrevocably deleted, unless statutory retention obligations apply. § 9 (5) applies to unused credits.

§ 12 Right of Withdrawal for Consumers

(1) If the Customer is a consumer (§ 1 (2)), they have a statutory right of withdrawal in accordance with the following withdrawal instructions. (2) Withdrawal instructions - Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (DIGITALPASSION Ltd., Tassou Papadopoulou 16, House 2, 8270 Tremithousa, Cyprus, email: info@kontiqo.io) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, which is, however, not mandatory. You can also exercise your right of withdrawal online at www.kontiqo.io/widerruf via the 'Withdraw from contract' button. If you use this online function, we will send you without undue delay, on a durable medium (e.g. by email), a confirmation of receipt stating the content of the withdrawal declaration 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. (3) Effects of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we received the notification of your withdrawal 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. (4) Early expiry of the right of withdrawal: The right of withdrawal expires early if the provider has fully performed the service and only began performing it after the customer gave their express consent and at the same time confirmed their knowledge that they lose their right of withdrawal upon full performance of the contract by the provider. This consent is expressly requested during checkout. (5) Model withdrawal form (if you wish to withdraw from the contract, you may complete this form and return it to us): To DIGITALPASSION Ltd., Tassou Papadopoulou 16, House 2, 8270 Tremithousa, Cyprus, email: info@kontiqo.io - I/we (*) hereby withdraw from the contract concluded by me/us (*) 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 notified on paper): ________ - Date: ________. (*) Delete as appropriate.

§ 13 Usage Rights

(1) The Provider grants the Customer a simple, non-transferable and non-sublicensable right to use the Service within the framework of these T&C for the duration of the contractual relationship. (2) The Provider claims no rights to the content the Customer creates using the Service (in particular texts and images). To the extent rights of the Provider arise in such content, the Provider grants them to the Customer free of charge, without limitation in time or territory and transferably; the Customer may freely use, publish and edit the content. AI-generated content is often not protected by copyright, and similar content may also be generated for other users. The Provider does not warrant that the content is protectable or that its use does not infringe third-party rights. Third-party content the Customer embeds via the Service (such as stock photos under paragraph 4 or designs imported from Canva) is governed by the terms of the respective rights holder. (3) The Customer grants the Provider the right to process the content entered by the Customer (e.g. voice recordings, texts) exclusively for the purpose of providing the Service. No further use by the Provider shall be made. (4) Where the Customer embeds third-party stock photos (in particular from Pexels) into their posts via the Service, such images are not governed by the licence under paragraph 2 but by the licence terms of the respective provider (Pexels License: https://www.pexels.com/license/). In particular, this prohibits selling unaltered copies as stock photos or prints, redistributing the images on other stock photo platforms, or depicting identifiable persons or brands in a derogatory manner or to imply an endorsement. The Customer undertakes to comply with the applicable licence terms. If the Customer culpably breaches them, the Customer shall indemnify the Provider against resulting third-party claims, including the reasonable costs of legal defence.

§ 14 Customer Obligations

(1) The Customer undertakes to use the Service only within the framework of applicable laws, these T&C and the terms of use of the connected third-party platforms. (2) The Customer is particularly prohibited from: - using the Service to create or distribute spam content - creating content that serves political manipulation, disinformation or election interference - creating or distributing hate speech, discriminatory, seditious, insulting, defamatory, violence-glorifying, pornographic or content harmful to minors - uploading photos or other depictions of another person, or generating images of a real person, without that person's consent - generating or manipulating depictions of a real person in intimate or sexually explicit contexts - using the Service to create content for fake accounts or fake identities, or using generated images to create the impression that a person said or did something they did not say or do - manipulating, overloading or disrupting the technical infrastructure of the Service - circumventing security mechanisms or using the Service for automated mass queries - sharing access data with third parties or creating multiple accounts for the same person - using the Service in a manner that impairs use by other customers (3) If the Customer publishes an image generated or manipulated with the Service that resembles a real person and could falsely appear authentic (such as an avatar image), the Customer is obliged under Article 50(4) of Regulation (EU) 2024/1689 (AI Act) to disclose that it has been generated or manipulated with AI. The same applies to texts generated or manipulated with AI that the Customer publishes to inform the public on matters of public interest, unless a human has reviewed them and someone holds editorial responsibility. The Service offers a labelling function for this: when it is switched on, the Service adds a visible AI mark to images generated with AI when they are published; for avatar images the Customer can additionally have a notice inserted into the post text. The Customer decides in their settings whether the function is switched on; it does not release the Customer from checking for themselves whether labelling is required. The 'AI transparency' page at www.kontiqo.io/ai-transparency explains which markings the Provider applies itself. The Customer must not intentionally remove, alter or obscure the machine-readable markings on images generated with the Service (signed provenance information under the C2PA standard, IPTC/XMP metadata, invisible watermarks of the image providers). This does not cover changes made by functions of the Service itself or by the processing of the platforms on which the Customer publishes. (4) If the Customer culpably breaches an obligation under paragraphs 1 to 3, the Customer shall indemnify the Provider against resulting third-party claims, including the reasonable costs of legal defence.

§ 15 Content Moderation, Notices and Suspension

(1) The Provider does not generally monitor the Customer's content. To prevent illegal content or content prohibited under § 14, it uses the following means: an automatic check of image instructions for prohibited terms; the content policies of the AI models used, which may refuse requests; and review of incoming notices by a human. If an automatic check refuses a request, the request is not carried out; the Provider never takes further measures against the Customer solely on the basis of an automated decision. (2) Any person may notify the Provider by email at info@kontiqo.io or via the contact form at www.kontiqo.io/contact of content they consider illegal and of misuse of the image functions, in particular depictions of real persons without their consent. The notice should state the reasons, the exact location, the name and email address of the notifying person and a statement that the information is accurate and complete to the best of their knowledge. The Provider confirms receipt, decides in a timely, diligent and objective manner, informs the notifying person of the outcome and points out the available redress options. (3) The Provider may remove content or suspend the Customer's access in whole or in part, temporarily or permanently, if the Customer creates or distributes illegal content or content prohibited under § 14 or otherwise materially breaches these T&C, or if the Provider is legally obliged to do so. It chooses the least severe suitable measure and takes the Customer's legitimate interests into account; a permanent suspension requires a serious breach or a breach repeated despite a warning. (4) The Provider informs the Customer of any measure under paragraph 3 by email at the latest when it takes effect and gives a clear and specific statement of reasons: which measure it takes and for how long, which facts it relies on, whether automated means were involved, which legal provision or rule of these T&C it relies on and which redress options are available to the Customer. (5) The Customer may object to a measure by email at info@kontiqo.io or via the contact form; a human reviews the objection and the Provider communicates the outcome with reasons. Recourse to the courts remains unaffected.

§ 16 Data Protection

(1) The Provider processes personal data of the Customer exclusively within the framework of applicable data protection regulations, in particular the General Data Protection Regulation (GDPR). (2) The nature, scope and purpose of data processing as well as the rights of the Customer as a data subject are set out in the privacy notice at www.kontiqo.io/privacy.

§ 17 Data Export and Deletion

(1) The Customer may at any time export a complete copy of their personal data as a ZIP archive (machine-readable JSON files and the associated media files, see § 35) via their user account (Dashboard) (Art. 15 and Art. 20 GDPR). The export includes all personal data stored for the user account, exhaustively comprising the following categories: account information, profile, roles and settings; all ideas, posts and schedules together with their associated images, videos, image histories, provenance records and generation jobs; the connections to third-party platforms (LinkedIn, Facebook, Instagram, Telegram, Canva) together with the connected channels and pages and the consents given for them; style and learning data including the feedback history, style tests, imported sample posts and onboarding answers; AI chat histories; statistics and comments on the Customer's own posts; subscription, credit, payment and refund records; withdrawals, cancellations and declarations made, such as the waiver of the right of withdrawal and consents; feedback, support and help requests, testimonials and read notices; company memberships; usage logs. Not included are access tokens for third-party platforms and internal security features, whose disclosure would compromise the security of the connections, and machine-generated vector representations of texts, which have no readable informational value for the Customer, and the internal instruction texts (prompts) with which the Provider directs the AI model to generate suggestions - the Customer's underlying texts themselves are included in both cases. Content the Customer has created within a company is included in the export and assigned to that company there; content of other company members is not included. (2) The Customer may exercise their right to erasure (Art. 17 GDPR) at any time via the 'Delete Account' function in the user account. Deletion is permanent and irreversible. (3) The Provider is entitled to retain certain data beyond deletion to the extent that statutory retention obligations exist (e.g. tax law obligations).

§ 18 Data Processing

(1) Insofar as the Customer, acting as a trader, processes personal data of third parties in the course of using the Service (e.g. data of team members in a company account or comments by third parties under the Customer's posts), the Provider acts as a data processor within the meaning of Art. 28 GDPR. (2) In this case, the data processing agreement (DPA) at www.kontiqo.io/legal#dpa forms part of the contract; it takes effect upon conclusion of the contract without any separate declaration being required. For company accounts, its acceptance is additionally documented in the user account. Where a consumer uses the Service for private purposes, the DPA does not apply; to that extent the Provider itself acts as controller.

§ 19 Provider's Liability

(1) The Provider is liable without limitation for intent and gross negligence, for damages arising from injury to life, body or health, within the scope of a guarantee it has assumed, for fraudulently concealed defects and under the mandatory statutory provisions on product liability. (2) If the Provider breaches a material contractual obligation through slight negligence, its liability is limited to the damage typical for the contract and foreseeable at the time the contract was concluded. A material obligation is one whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely, such as the obligation to provide the Service in conformity with the contract. (3) Otherwise, the Provider is not liable for damages caused by slight negligence. (4) If the Customer is a trader, liability under paragraph 2 is additionally limited in amount to the fees paid by the Customer in the 12 months before the event giving rise to the damage. (5) Paragraphs 2 to 4 also apply to the personal liability of the Provider's legal representatives, employees and vicarious agents. (6) The Customer's rights in case of defects under § 23 remain unaffected; paragraphs 1 to 5 apply to claims for damages and reimbursement of wasted expenditure.

§ 20 Liability for Content

(1) The Customer is solely responsible for the content they create and publish using the Service. The Provider does not check this content in advance for accuracy, completeness or legality. (2) The content generated by the Service (texts, images) is created using AI technology. The Provider does not warrant that this content is error-free, factually correct or suitable for the intended purpose; § 23 applies to defects of the Service. The Customer is obligated to check all generated content for accuracy and legality before publication. (3) The Provider is liable in accordance with § 19 for damages incurred by the Customer through the publication of erroneous, misleading or infringing content; contributory fault of the Customer, in particular a breach of their duty to check under paragraph 2, shall be taken into account.

§ 21 Liability for Third-Party Platforms

(1) The Service enables connection to and publication on third-party social media platforms (e.g. LinkedIn). The Provider has no influence on the availability, functionality or terms of use of these third-party platforms. (2) The Provider is only liable for damages caused by changes, restrictions or outages of third-party platforms to the extent it is responsible for them; § 19 applies. (3) The Provider is not responsible for suspensions, restrictions or deletions of the Customer's account on third-party platforms unless they result from a breach of duty by the Provider; in that case § 19 applies.

§ 22 Liability for Availability

(1) The Provider is not liable for damages caused by temporary unavailability of the Service to the extent that it is due to circumstances beyond its control for which it is not responsible (such as force majeure or cyberattacks despite reasonable protective measures). (2) If the Service is continuously unavailable for more than 72 hours for reasons for which the Provider is responsible, the Provider refunds the fee for that period pro rata without the Customer having to prove any damage. Further rights under § 19 and § 23 remain unaffected.

§ 23 Defect Claims

(1) The Provider makes the Service available in conformity with the contract and keeps it in that state throughout the term of the contract. This includes the necessary updates, including security updates; the Provider provides them for the entire duration of the contract. (2) If the Customer is a consumer, a statutory legal guarantee of conformity for digital services applies; the statutory provisions govern (for consumers habitually resident in Germany in particular Sections 327 et seq. of the German Civil Code (BGB)). In particular, the Customer may require the Provider to remedy a defect and, if this fails or the further statutory requirements are met, reduce the price or terminate the contract and claim damages or reimbursement of wasted expenditure in accordance with § 19. Defects may be reported at any time at info@kontiqo.io; a precise description helps to fix them. (3) If the Customer is a trader, the following applies in addition: insignificant deviations from the service description and restrictions due to force majeure or to changes or outages of third-party platforms beyond the Provider's influence do not constitute a defect. The Customer must report defects at info@kontiqo.io without undue delay after discovery. The Provider remedies a defect at its discretion by eliminating it or by providing a reasonable workaround. If subsequent performance fails, the Customer may reasonably reduce the fee; the right to extraordinary termination and claims under § 19 remain unaffected. (4) Impairments caused solely by improper use by the Customer do not constitute a defect.

§ 24 No Success Guarantee

(1) The Provider owes the provision of the Service, but not a specific result. In particular, the Provider does not warrant: the reach, engagement or performance of the created content on third-party platforms; the economic success of the Customer through the use of the Service; the permanent compatibility with third-party platforms or their interfaces. (2) The quality of the generated content depends, among other things, on the Customer's inputs. The Provider does not guarantee that the results meet the Customer's expectations. The Customer's rights under § 23 remain unaffected.

§ 25 Changes to the T&C

(1) The Provider may amend these T&C with effect for the future if there is an objective reason, in particular a change in the law or in case law or a change in the technical framework. (2) The Provider notifies the Customer of the amended version by email at least four weeks before it is intended to take effect and highlights the changes. (3) Changes that affect neither the main obligations nor the prices and do not put the Customer in a worse position (such as editorial clarifications or changes solely in the Customer's favour) take effect at the notified date. (4) All other changes only take effect if the Customer expressly agrees to them; silence does not constitute agreement. The Provider asks the Customer for this consent at the next login to the user account. As long as the Customer has not agreed, the previous version continues to apply to them. (5) If the Customer does not agree, the contract continues under the existing terms. The Provider may then terminate it with four weeks' notice to the end of a billing period or, if there is no paid subscription, with four weeks' notice. Before such termination, the Provider informs the Customer of it by email and points out that the Customer can export their data via the user account until the end of the contract. The Customer's right to cancel under § 11 remains unaffected.

§ 26 Applicable Law

(1) Contracts under these T&C are governed by the law of the Republic of Cyprus, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). (2) If the Customer is a consumer habitually resident in another state, this choice of law does not deprive the Customer of the protection afforded by all provisions that cannot be derogated from by agreement under the law of that state.

§ 27 Jurisdiction

(1) If the Customer is a trader, the courts in Paphos, Cyprus, have exclusive jurisdiction for all disputes arising from or in connection with this contract. (2) If the Customer is a consumer, the statutory provisions on jurisdiction apply. In particular, a consumer domiciled in the European Union may also sue the Provider in the courts of the place where the consumer is domiciled; the Provider may sue the consumer only in the courts of the Member State in which the consumer is domiciled (Article 18 of Regulation (EU) No 1215/2012).

§ 28 Dispute Resolution

The Provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

§ 29 Form and Electronic Communication

(1) Declarations by the Customer to the Provider do not require any form stricter than text form (e.g. email). Statutory form requirements and individual agreements remain unaffected. (2) The Customer agrees that contractual communication (e.g. invoices, change notifications, cancellation confirmations) is conducted electronically to the email address stored in the user account.

§ 30 Severability Clause

(1) Should individual provisions of these T&C be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. (2) The invalid or unenforceable provision shall be replaced by the statutory provisions.

§ 31 Contact

For questions about these T&C or the Service, you can reach the Provider at: DIGITALPASSION Ltd. Tassou Papadopoulou 16 House 2 8270 Tremithousa Cyprus Email: info@kontiqo.io Contact form: www.kontiqo.io/contact. The email address is also the single point of contact for users and for authorities under Articles 11 and 12 of Regulation (EU) 2022/2065 (Digital Services Act); communication is possible in German and English.

§ 32 Right to Switch Providers

(1) The Customer may switch to another provider or move processing to their own systems at any time. The Provider supports the Customer in doing so and provides the Customer's data in a structured, commonly used and machine-readable format. (2) The Provider does not impose any technical, contractual or organisational obstacles that prevent the Customer from switching or make switching unreasonably difficult.

§ 33 Time Limits for Switching Providers

(1) If the Customer notifies the Provider that they wish to switch, the switching process begins. The Customer does not have to observe any notice period for this; the Provider does not make use of the maximum period of two months permitted by law for initiating a switch. § 11 (1) remains unaffected. (2) The transitional period during which the data transfer takes place begins when that notification is received and is no more than 30 calendar days. (3) If the switch cannot technically be completed within that transitional period, the Provider notifies the Customer within 14 working days of the switch being requested, provides due justification of the technical infeasibility and states an alternative transitional period that does not exceed seven months.

§ 34 Availability of the Data After the Switch

(1) An export archive that has been created remains available for retrieval for 30 calendar days from its creation. If an archive expires before the Customer has retrieved it, the Customer may request a new one at any time via the export function; the statutory minimum retrieval period of 30 calendar days from the end of the transitional period is thereby maintained. (2) The Customer's data remains stored in their user account until they delete the account, unless the privacy policy provides shorter retention periods for individual types of data (such as statistics, third-party comments, usage logs or learning data); the Provider does not delete it merely because of a change of provider. § 11 (4) applies to deletion. (3) If the Customer expressly requests deletion of their account, the Provider deletes the data without undue delay; an export archive that has already been created then remains available for 24 hours only, so that the download link already sent can still be used.

§ 35 Data Export

(1) The Customer may request their data at any time via the export function in the settings. The Provider creates the archive asynchronously and sends the Customer a download link by email. (2) The export is provided as a ZIP file and contains the Customer's content, settings and usage data as JSON files, as well as their uploaded and generated media in their original file format. (3) The export is free of charge for the Customer.

§ 36 Known Technical Limitations

(1) So that the Customer can assess the effort involved in switching, the Provider states the limits of the export openly. (2) For security reasons the export does not contain access or connection tokens for connected services; these are of no use to the Customer anyway and would have to be granted anew at the new provider. (3) Content already published on a third-party platform (such as posts on LinkedIn, Facebook or Instagram) resides there and must be obtained via that platform's own export functions; the export contains the versions and identifiers stored with the Provider. (4) The Provider does not currently offer a public programming interface for automated retrieval; the export via the settings is the intended route.

§ 37 Fees for Switching Providers

(1) The Provider does not charge the Customer anything for the switch itself. (2) Fees for services that go beyond providing the data are agreed expressly in advance between the parties.