General Terms and Conditions for the use of Socialplaner, a product of Reichl und Partner eMarketing GmbH, FN 198032

These GTC govern access to and use of the services, offers and content of the social planner portal at the web address www.Socialplaner.com . By accessing or using parts of the services, including the Socialplaner (app), every user agrees to these GTC, irrespective of any contract with Socialplaner. If the user does not agree to these GTC in full, he may not access the Socialplaner portal or use the functions and services offered on the Socialplaner portal.

For the sake of readability, personal designations that refer to both women and men are only used in these GTC in the masculine form customary in German (e.g. “Nutzer” instead of “Nutzerin”). This is not intended to express gender discrimination or a violation of the principle of equality.

Table of contents

1. Definitions
2. Scope of application of the GTC
3. Socialplaner services
4. Conclusion of contract / conclusion of the contract / registration
5. Duration of the contract
6. Prices and terms of payment for the use of the Socialplaner portal
7. Use of the Socialplaner portal / user profile / rights and obligations of the user
8. Data protection
9. Liability
10. Revocation (= withdrawal), revocation instructions, consequences of revocation, further information, sample revocation form
11. Miscellaneous

1. Definitions

The following definitions and regulations apply to these GTC and to every contract between Socialplaner and a user:

AGB:

This is understood to mean these General Terms and Conditions of Socialplaner including additional terms and conditions and guidelines referred to herein and/or available via hyperlink.

Socialplaner:

This refers to Reichl und Partner eMarketing GmbH, FN 198032.

Socialplaner portal:

This refers to the Internet platform operated by Reichl und Partner eMarketing GmbH, FN 198032 under the web address https://www.Socialplaner.com.

User profile:

This is understood to mean any natural or legal person (e.g. bloggers, influencers, public figures, entrepreneurs, marketing managers of a company, the company) who uses the Socialplaner portal.

Socialplaner services:

This includes all services and features available on the Socialplaner portal (adding social media accounts, pre-planning posts, posting, analyses, etc.). Each individual service is called a “Socialplaner service” (for a description of Socialplaner services, see also point 3 of these GTC).

Users:

This is understood to mean any natural or legal person (e.g. bloggers, influencers, public figures, entrepreneurs, marketing managers of a company, the company) who uses the Socialplaner portal.

User data:

This includes the first name and surname of the user, the user name chosen by the user, the e-mail address provided by the user and the password chosen by the user. The user data is required for registration.

User master data:

This refers to additional information provided by the user that is required to create a user account (user profile). Depending on the occasion, this may include the user’s address, account details, other payment details or information or, optionally, their tax number.

User profile:

Is the user account of the user on which he can manage his user data and communicate with other users.

Registration:

This refers to the initial or one-time registration required for each user on the Socialplaner portal.

Sign-In:

This refers to the respective login of a user to the Socialplaner portal after registration.

Sign-in data:

This refers to the user’s individual data (user name, e-mail address and password), which the user must enter on the Socialplaner portal for a successful sign-in (i.e. for the respective use of Socialplaner services after registration).

Test phase:

This is understood to mean the period of 7 days after a payable order, during which the Socialplaner services or the range of services on the Socialplaner portal can be used free of charge and tested for their suitability or usability.

Contract: This refers to the (respective) contract for the paid use of the Socialplaner portal or Socialplaner services as part of a subscription, either between Socialplaner and the User or between Socialplaner and the User. Subscriptions are concluded for a period of one month (monthly subscription) or one year (annual subscription). Automatic renewals for one year at a time are possible with the user’s prior consent.

Contracting parties: This refers to the Socialplaner and the user together. This applies regardless of whether or not a contractual relationship has already been established between the user and Socialplaner.

2. Scope of application of the GTC

2.1.

The Socialplaner portal is a paid Internet platform from Socialplaner.

2.2.

Socialplaner provides various Socialplaner services on the Socialplaner portal that enable users to manage their social media channels. Users of the Socialplaner portal can make use of the Socialplaner services contained therein for a certain period of time under certain technical conditions against payment of a fee. A separate contract is concluded between Socialplaner and the user for this use. The conclusion of a contract is regulated in point 4 of these GTC. The technical requirements are described in section 7.8. described in these GTC.

2.3.

These GTC apply to all contracts between Socialplaner and users that are concluded (or extended) via the Socialplaner portal, as well as to any use of the Socialplaner portal. Any conditions or agreements deviating from the GTC must be agreed in writing.

2.4.

Socialplaner services are aimed at people who work in marketing, in particular social media managers, marketing managers, entrepreneurs, influencers and bloggers. Commercial or other use of Socialplaner’s offering within the scope of the Socialplaner portal or of Socialplaner services for business (commercial) purposes by a user (e.g. any form of marketing) is permitted, unless this is expressly prohibited in individual cases. Accordingly, any transfer of Socialplaner’s offer within the scope of the Socialplaner portal or of Socialplaner services to third parties for a fee or free of charge and the granting of the possibility of use by them is permitted. For example, freelancers or agencies can manage their clients’ social media accounts via Socialplaner.

3. Socialplaner services

3.1.

Socialplaner services are used to create, plan and manage social media accounts posts from Facebook, Instagram, YouTube, Pinterest, LinkedIn, TikTok and X (Twitter). The use of Socialplaner services is therefore always at the user’s own risk and responsibility.

You can see all the functions here.

3.2.

With the exception of the test phase, Socialplaner services can only be used during a valid contract.

3.3.

The Socialplaner services provided do not claim to be complete or up to date. No one can therefore rely on Socialplaner services being complete.

3.4.

According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. Notwithstanding this, Socialplaner endeavors to ensure a high level of technical availability of the Socialplaner portal. Nevertheless, the constant availability of the Socialplaner portal cannot be guaranteed; this is also not part of the contract. This also applies to the functionality of third-party software that is used when utilizing the Socialplaner portal; this functionality is also not part of the contract. Socialplaner is therefore not liable for the constant and uninterrupted availability of the Socialplaner portal, nor for technical or electronic errors over which Socialplaner has no influence.

3.11.

Should Socialplaner services not (or not be able to) be provided at the agreed time for technical reasons for which Socialplaner is responsible, the user is entitled to consume these Socialplaner services at a later time, provided this is reasonable for the user. The user may not withdraw from the contract if and as long as Socialplaner is prevented from providing the Socialplaner services due to force majeure circumstances or their effects (including in particular the limited availability of staff) or if this is economically unreasonable for Socialplaner. In this case, the Socialplaner services will be postponed to an appropriate time after the obstacle has been removed.

4. Conclusion of contract / conclusion of the contract / registration

4.1.

Socialplaner offers various social planner services on the paid social planner portal. A contract is concluded via the Socialplaner portal in accordance with the provisions of these GTC. In addition to the fulfillment of the technical requirements (see point 7.8. of these GTC), the basic prerequisite for the conclusion of a contract is the user’s registration on the Socialplaner portal.

4.2.

The mere registration of a user does not give rise to any service or payment obligations, either for the user or for Socialplaner.

4.3. Users

4.3.1.

The registration of a user takes place in such a way that the user first selects the appropriate package. The packages differ in terms of their functions. The user must then enter the data requested on the Socialplaner portal, in particular his first name and surname, his e-mail address and an individual password chosen by himself (i.e. his user data) on the Socialplaner portal and accept the General Terms and Conditions and the data protection provisions of Socialplaner. When registering, true and complete information must be provided; this information must be kept up to date by independent adjustment or notification to Socialplaner. Only one registration per person may be maintained at any one time. Subsequently, the user’s successful registration is confirmed by e-mail; this confirmation is deemed to be an offer by Socialplaner to conclude a contract. If the user is required to provide evidence. The user activates the registration by clicking on the link contained in the confirmation e-mail.

4.3.2.

The offer of Socialplaner is confirmed by clicking on the button “order with obligation to pay”. The contract for the services offered by Socialplaner, i.e. the Socialplaner portal including all its available functionalities, is thus concluded.

4.3.3

In any case, the first 7 days of use are not charged. The obligation to pay therefore only begins 7 days after the order has been placed.

4.3.4

The user is granted the right to withdraw from the contract within 7 days of the conclusion of the contract by means of a unilateral declaration (test phase). To do this, the user must click on the “Cancel subscription” button in their user profile in good time. In this case, the user will no longer be able to view and test the Socialplaner portal and all its available functionalities free of charge. In this case, Socialplaner reserves the right to delete the user’s registration. Statutory rights of withdrawal or revocation remain unaffected by this.

4.3.5.

The user is free to use an existing registration for any subsequent (new) conclusion of a contract. In this case, the user must log in again under the previous registration. This registration results in a new confirmation e-mail from Socialplaner, which in turn constitutes an offer from Socialplaner to conclude a contract. The above provisions shall apply accordingly to the conclusion of the contract.

4.3.6.

No one has a claim to acceptance of a registration etc. by Socialplaner. Socialplaner is unilaterally entitled (even without justification) to refuse registrations etc. Socialplaner is not obliged to check the user’s details in connection with registration. In the event that the required evidence is not provided, Socialplaner reserves the right to withdraw from the contract.

4.11.

Registrations of minors (= persons under the age of 18) and contracts with minors can only be concluded with the written consent of the minor’s legal representative.

4.12.

Registrations of persons with limited legal capacity and contracts with persons with limited legal capacity can only be concluded with the written consent of the legal or other representative of this person.

5. Duration of the contract

5.1.

A contract is concluded for a period of one month (monthly subscription) or one year (annual subscription). If the user makes the payment within the test phase, the period begins after the end of the test phase.

5.2.

If the user clicks during registration that he agrees to an automatic extension of the contract by one year in each case, the contract term is automatically extended by a further month or year in each case, unless the user or Socialplaner objects to such an extension before the end of the respective contract term. If the fee for a monthly or annual subscription increases, the contract will not be automatically renewed.

6. Prices and terms of payment for the use of the Socialplaner portal

6.1.

The user must pay the price for a monthly or annual subscription (contract). The respective prices for an annual subscription (contract), i.e. for the use of the Socialplaner portal and the Socialplaner services available therein, can be found at the web address www.Socialplaner.com. The prices refer to the use of the Socialplaner portal and the Socialplaner services available therein for a period of one month or one year.

6.2.

The prices include VAT at the statutory rate. The user is responsible for the payment of all taxes associated with the use of the Socialplaner services (monthly or annual subscription). There are no shipping costs. Socialplaner is authorized to transmit electronic invoices.

6.3.

The fee must always be paid in advance. The payment obligation becomes due upon conclusion of the contract. Activation of the Socialplaner portal requires payment in accordance with the contract.

6.4.

For payment, the user must select one of the payment methods offered on the Socialplaner portal. Other payment methods are not possible. Among the payment methods offered on the Socialplaner portal, however, the user can change the payment method at any time. The user is responsible for ensuring that their payment details are up to date and that payment can be made. In the event of automatic contract renewal, payment is made in accordance with the currently selected payment method.

6.5.

The User’s right to cancel his liabilities to Socialplaner by offsetting is excluded (subject to the following sentence). This prohibition of set-off does not apply in the event of Socialplaner’s insolvency or to counterclaims which are legally connected with the User’s liability and which have been established by a court or recognized by Socialplaner.

6.6.

If the user fails to meet a due payment obligation to Socialplaner without justification, Socialplaner is entitled, after prior warning and setting a reasonable grace period, to temporarily block the user profile until the payment owed has been received. Other statutory and contractual rights of Socialplaner and the user remain unaffected by a block.

7. Use of the Socialplaner portal / user profile / rights and obligations of the user

7.1.

Upon conclusion of the contract and payment of the price for one month or year, the non-exclusive, non-transferable and geographically unlimited right is acquired to use the available functions or services of the Socialplaner portal (Socialplaner services) via the user profile for this period in accordance with the provisions of these GTC (monthly or annual subscription). To do this, a user must enter and confirm their sign-in data. The Socialplaner portal cannot be used without registration. A user may only use the Socialplaner portal via their own user profile.

7.2.

The user is solely responsible for managing his/her user profile (updating etc.). The user data, in particular the individual password, must be kept secret; they may therefore not be passed on to third parties and must be adequately protected against unauthorized access by third parties. The individual password must be changed as soon as it is known or there is reason to suspect that a third party has gained or could gain knowledge of the individual password. Socialplaner has the right to replace or block the user’s username and/or password (or any other means of personal identification) immediately and without prior notice if illegal access to the Socialplaner portal has been detected via this username, or if there is reasonable suspicion that such illegal access will take place or has taken place via this username. Socialplaner has the right to restrict access to a restricted area or certain IP addresses or to block an area or certain IP addresses, either in connection with the user’s user name or independently of the user name.

7.3.

The transfer of the right to use the Socialplaner portal to third parties on the basis of registration or sign-ins is not permitted. Every registered user is responsible for ensuring that every other user who makes use of the Socialplaner portal via a user’s registration is aware of, accepts and complies with these GTC.

7.4.

The up-to-dateness of the user data, in particular the first name, surname and e-mail address, is an essential prerequisite for the proper use of the Socialplaner portal and for assignments to the respective user. The user is therefore obliged to update his user data, in particular his first name, surname and e-mail address in his user profile immediately and independently in the event of changes.

7.5.

Socialplaner does not check the user data for completeness and/or accuracy. It is the sole responsibility of the user to update their user data.

7.6.

The statutory copyright and other rights to all Socialplaner services and their content as well as to all other content offered by Socialplaner on the Socialplaner portal must be observed. Unless expressly permitted, this content may not be recorded, modified, reproduced, distributed or made publicly accessible. Technical protection measures or copyright or rights notices may also only be removed if this is expressly permitted.

7.7.

The Socialplaner portal can only be used under certain technical conditions. Users need suitable hardware and software depending on the device they want to use to access the Socialplaner portal. The user is therefore obliged to provide suitable hardware and software for access to the Socialplaner portal in good time at his own expense.

The technical requirements relate to the following, whereby the following hardware and software is defined as suitable:

(i) When using Apple desktop hardware (stand Mac, laptop), the operating system “macOS Big Sur” version 11 or later and the Internet browser “Chrome”, “Safari”, “Opera” or “Firefox” are required.

(ii) When using other desktop hardware (PC, laptop), the operating system “Windows” version 10 or later and the Internet browser “Chrome”, “FireFox”, “Opera” or “Edge” are required. It is expressly pointed out that the Internet browser “Internet Explorer (IE)” is not suitable for accessing the Socialplaner portal.

(iii) When using mobile hardware (smart phone, tablet, etc.), the user requires a stable holder for their device; in addition, one of the following operating systems is required: “Android” (from version 11) or “IOS” (from version 14).

(iv) The user must ensure that he always has the latest version of the Internet browser he is using.

(v) The Internet connection must have a download and upload speed of at least 5 MBit/s.

7.8.

In particular, every user shall refrain from any content and/or other statements of any kind that could be construed as racist, otherwise discriminatory, intolerant, sexist, pornographic, contrary to equality or otherwise inappropriate. Socialplaner reserves the right to temporarily block users from using the Socialplaner portal at any time in the event of breaches of this provision (in which case the duration of the contract will be extended by the duration of the block) or to terminate the contract for good cause with immediate effect by means of a unilateral declaration.

7.9.

The user may not use the Socialplaner services (i) for harassment, abuse, insult, harm, defamation, libel, slander, intimidation or discrimination against any person based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (ii) for providing false or misleading information; (iii) for uploading or transmitting viruses or any other type of harmful code that is or may be used in any way that impairs or may impair the functionality or operation of the Socialplaner portal, other websites or the Internet; (iv) for collecting or tracking the personal data of third parties; (v) for compromising or circumventing the security features of the Socialplaner Portal; and/or (vi) for the commission of other illegal or immoral acts.

7.10.

The User may not delete, remove, deface or obscure any trademark, trade name, number, copyright or other proprietary notice, warranty, designation of origin, means of identification, disclaimer or other statement on or in connection with Socialplaner Services, nor may the User authorize any other person to do so.

7.11.

Socialplaner services may not be modified by the user in any way, either in whole or in part, or combined with any software, data or material whatsoever, nor may the user create any derivative works; the user may not permit any third party to do so either.

7.12.

The user must inform Socialplaner immediately as soon as he becomes aware of (i) from unauthorized use of the Socialplaner portal, (ii) of an actual, threatened or suspected infringement of an intellectual property right (in particular of Socialplaner) and/or (iii) of any claim by a third party that Socialplaner services infringe the intellectual property or other rights of a third party.

7.13.

The user does not acquire any intangible rights, in particular no intellectual property rights, to the Socialplaner services.

8. Data protection

With regard to data protection regulations, please refer to the “Data protection” link available separately on the Socialplaner portal.

9. Liability

9.1.

The following clause only applies to consumer transactions (consumer transactions are transactions in which the user is a consumer. A consumer is anyone who is not an entrepreneur. An entrepreneur is anyone for whom a legal transaction is part of the operation of his business. A business in this sense is any organization of independent, economic activity that is set up for the long term, even if it is not aimed at making a profit): Socialplaner shall only be liable for damage caused to the user in the event of its own intent or gross negligence or in the event of intent and gross negligence on the part of vicarious agents working for Socialplaner, with the exception of personal injury, for which Socialplaner shall be liable without limitation even in the event of slight negligence.

9.2.

The following clause only applies to transactions that are not consumer transactions (consumer transactions are transactions in which the user is a consumer. A consumer is anyone who is not an entrepreneur. An entrepreneur is anyone for whom a legal transaction is part of the operation of his business. An enterprise in this sense is any organization of independent economic activity that is set up for the long term, even if it is not profit-oriented): Socialplaner is only liable for damage caused to the user in the event of its own intent or gross negligence or in the event of intent and gross negligence on the part of vicarious agents working for Socialplaner. Compensation for consequential damage is excluded. The burden of proof that Socialplaner has acted with intent or gross negligence lies with the user.

9.3.

Any forms, samples, drafts, templates etc. (such as declarations of consent by third parties) provided by Socialplaner in whatever form are not part of the contract (and therefore not part of Socialplaner’s scope of services) and are always to be understood only as non-binding recommendations for which Socialplaner accepts no liability. Socialplaner is not obliged to provide such services and may terminate them at any time. Every user who makes use of such forms, samples, drafts, templates, etc. is responsible for this and must check and adapt them on their own responsibility. All this does not apply if the user pays a fee for this as agreed or if an express written agreement to the contrary is made.

10. Revocation (= withdrawal)

Cancellation policy

10.1.

Every user has the right to withdraw from a contract within 14 days without giving reasons. In the following, this right of withdrawal is referred to as revocation.

10.2.

The withdrawal period is 14 days from the date of conclusion of the contract.

10.3.

In order to exercise his right of withdrawal, the user must inform Socialplaner of his decision to withdraw from the contract by means of a clear declaration (e.g. by letter sent by post, fax or e-mail). See revocation form under point 11.9.

10.4.

The revocation is to be sent to: Reichl und Partner eMarketing GmbH, Promenade 25b, 4020 Linz, e-mail: office@Socialplaner.com, telephone: +43 664 400 3834

10.5.

To comply with the withdrawal period, it is sufficient for the user to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of revocation

11.1.

If the user withdraws from a contract, Socialplaner shall reimburse the user for all payments Socialplaner has received from the user, including delivery costs (with the exception of additional costs resulting from the user choosing a type of delivery other than the cheapest standard delivery offered by Socialplaner), immediately and at the latest within 14 days from the day on which Socialplaner receives notification of the withdrawal from the contract. For this repayment, Socialplaner uses the same means of payment that the user used for the original transaction, unless expressly agreed otherwise with the user; in no case will the user be charged any fees for this repayment.

Further information

11.2.

A user’s right of revocation expires prematurely in the case of a contract for the supply of digital content not stored on a physical data carrier if the user has expressly agreed that Socialplaner will commence performance of the contract before expiry of the revocation period and the user has confirmed his knowledge that he will lose his right of revocation upon commencement of performance of the contract by giving his consent.

11.3.

In the case of a contract for the provision of services, the following applies: If the user has requested that the services should commence during the withdrawal period, he shall pay Socialplaner a reasonable amount corresponding to the proportion of the services already provided by the time he notifies Socialplaner of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.

Sample withdrawal form

11.4.

If the user wishes to withdraw from the contract, he can fill in the following form and send it to Socialplaner :

To:

Reichl und Partner eMarketing GmbH,

Promenade 25b,

4020 Linz,

Austria,

support@socialplaner.com

Download form

12. Miscellaneous

12.1.

Socialplaner is neither willing nor obliged to participate in a procedure for the alternative settlement of disputes under the Alternative Dispute Resolution Act.

12.2.

The content of the contract, all other information, customer service, data information and complaint handling are written and processed in German or English.

12.3.

The substantive law of the Republic of Austria shall apply to the contract, with the exception of those standards that refer to the application of foreign law. The United Nations Convention on Contracts for the International Sale of Goods (CISG or Vienna Convention) is expressly excluded.

12.4.

In the absence of mandatory statutory provisions to the contrary, the court at the registered office of Socialplaner (Linz, Austria) shall have exclusive jurisdiction for disputes between the contracting parties. This does not apply to users residing in Austria.

12.5.

The headings of these GTC are for the purposes of structure and clarity, but should not be used for interpretation.

Valid from: 19.10.2023