This is a translation for your convenience. Only the German version is legally binding.
These general terms and conditions (T&Cs) apply to all contracts concluded between the user and the provider for the use of the software-as-a-service platform "Authorial" and its modules.
The provider is Stefan Achter, Weichselbaum 8, 82234 Weßling, email: mail@authorial.eu (brand and project name "Authorial", hereinafter "Authorial" or "we").
A consumer is any natural person who concludes a contract for purposes that are predominantly outside their trade, business or self-employed profession (§ 13 BGB). A business is any natural or legal person or partnership with legal capacity that, when concluding the contract, acts in the exercise of its trade, business or self-employed profession (§ 14 BGB). Self-employed authors who use Authorial for their writing or publishing activities generally act as businesses.
Deviating, conflicting or supplementary terms of businesses do not become part of the contract unless we expressly agree to their validity in text form.
Authorial provides a web-based platform through which authors can use tools for, among other things, writing and revising manuscripts, newsletters, ad management, royalty calculation, ranking tracking, trademark research, social media and anti-piracy. The specific scope of services depends on the plan chosen (Free, Beginner, Professional or Expert) and the service description on the pricing page at the time the contract is concluded.
The platform is provided as an online service via the internet. There is no obligation to provide software for installation.
The presentation of the plans on the website does not constitute a binding offer, but an invitation to submit an offer. A user account is required for use. Only persons of legal age with full legal capacity may register.
By completing the registration form, selecting a plan and clicking the button to complete registration (for paid plans: "order with obligation to pay" or an equally unambiguous label), the user submits a binding offer to conclude a contract of use. Before submitting, the user can check their entries at any time and correct them using the usual input and back functions.
The contract is concluded when we accept the offer, either by activating the account or by confirmation by email, whichever occurs first. For paid plans, the contract is concluded at the latest upon confirmation of payment.
The language of the contract is German. We store the text of the contract and send the user the contract details, including these T&Cs, in text form after the contract has been concluded. The current T&Cs can be accessed at any time at authorial.eu/agb.
We provide our services with a targeted availability of 99% on an annual average. This excludes times when the platform cannot be accessed due to scheduled maintenance, which we announce in advance where possible and schedule for periods of low usage, or due to circumstances beyond our control (in particular force majeure, internet disruptions outside our sphere of influence).
We may further develop the platform and change functions insofar as this is necessary for a valid reason (e.g. adaptation to new technical standards, a change in the legal situation, security, or changes to connected third-party services), the user incurs no additional costs and the agreed core services are retained. If a change impairs use by consumers more than insignificantly, we will inform them in good time beforehand in text form; the consumer may then terminate the contract free of charge within 30 days in accordance with § 327r BGB.
Where functions access data or interfaces of third parties (e.g. Amazon, Meta, trademark registers), the scope and currency of this data depend on the respective providers. We cannot guarantee its availability, accuracy or completeness.
Certain functions (e.g. AI proofreading, AI editing, translation, help chat and text suggestions in the Media Planer) use language models from an external provider. These functions are labelled as AI functions in the platform and are only carried out when the user triggers them. The text passages required for this are transmitted to the provider for processing; details can be found in the privacy policy.
AI results are suggestions. They may be incorrect, incomplete or unsuitable. The user checks them before adopting them and decides on their own responsibility whether and how to use them. Authorial does not acquire any rights to the results.
In the writing module, the user can issue a certificate of the writing process recorded in Authorial and share it with third parties (e.g. publishers) via a verification link. The certificate documents exclusively activities that took place in Authorial and assesses their plausibility on the basis of technical metrics. It is an indication of a working process and not proof of authorship; we do not warrant either that a text originates from the user or that third parties will recognise the certificate.
The user may not falsify the certificate or use it in a misleading manner. The certificate and manuscript can only be accessed with the access credentials (email address and password) that the user sets when issuing it. The user is responsible for sharing these access credentials only with authorised recipients. By issuing the certificate, the user instructs us to make the frozen version of the manuscript and the certificate details available to persons who log in with these access credentials; the user can switch off the manuscript download at any time. The user may only enter a recipient's email address if they are entitled to do so.
All rights to the content that the user creates or uploads in Authorial (in particular manuscripts, texts, images and contact lists) remain with the user. The user grants us only the simple, non-transferable rights of use that are technically necessary to provide the services (e.g. storing, backing up, displaying, transmitting to services triggered by the user and delivering published pages). These rights end when the content is deleted, unless statutory retention obligations apply.
We do not use the user's manuscripts or other content to train AI models and do not pass them on to third parties, except to the service providers named in the privacy policy, insofar as this is necessary for the function used by the user.
If a user breaches these obligations, or if there are concrete indications of this (e.g. conspicuously high complaint or bounce rates when sending newsletters), we may temporarily block the content concerned or temporarily suspend individual functions, in particular email sending, insofar as this is necessary to prevent damage. In doing so, we take the user's legitimate interests into account, inform them without delay and lift the block as soon as the reason for it no longer applies. A business indemnifies us against third-party claims based on a culpable breach of these obligations, including the reasonable costs of legal defence.
The "Free" plan is free of charge permanently. For the other plans, the prices stated on the pricing page at the time the contract is concluded apply. For consumers, the gross prices stated are decisive; they include statutory VAT. Net prices may additionally be shown for businesses; VAT is then added at the applicable statutory rate.
Fees are payable in advance for the chosen billing period (month or year). Payment is made via the payment service provider specified in the order using the payment methods offered there. Additionally booked allowances (e.g. extra words for proofreading and editing) are payable upon booking.
Price changes apply only to newly concluded contracts. For ongoing contracts, prices change only if the user expressly agrees to the change; if they do not agree, the contract continues at the previous prices and may be terminated with notice by either party in accordance with § 10.
Free: The contract runs for an indefinite period and may be terminated by the user at any time without notice, e.g. by deleting their account.
Monthly billing: The term is one month and is extended by a further month each time unless the contract is terminated by the end of the respective term.
Annual billing: The initial term is twelve months. If the contract is not terminated by the end of this term, it is extended for an indefinite period and may thereafter be terminated at any time with one month's notice. We refund on a pro rata basis any fees already paid for the period after the end of the contract.
We may terminate contracts for paid plans with one month's notice to the end of the respective term, and contracts for the "Free" plan with one month's notice. The right of both parties to extraordinary termination for good cause remains unaffected.
The user can cancel at any time via the "Verträge hier kündigen" (cancel contracts here) button, which is permanently available in the platform settings after logging in. Alternatively, notice of termination in text form is sufficient (e.g. by email to mail@authorial.eu). We confirm receipt of every termination in text form without delay.
The user can back up their content at any time, including before the end of the contract, using the export function in the settings. If a paid plan ends, we continue the account on the "Free" plan; the content is retained and only the functions of the paid plan are no longer available. If the contract of use ends altogether, we delete the account and the stored content, unless statutory retention obligations prevent this.
For contracts for paid plans, consumers have a statutory right of withdrawal in accordance with the following information. Businesses have no 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 the contract is concluded.
To exercise your right of withdrawal, you must inform us (Stefan Achter, "Authorial", Weichselbaum 8, 82234 Weßling, email: mail@authorial.eu) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory.
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.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw 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 a reasonable amount which is in proportion to what has been provided until you have informed us of your exercise of the right of withdrawal from this contract, in comparison with the full scope of services provided for in the contract.
End of the information on the right of withdrawal
For contracts for paid plans, we ask consumers before the contract is concluded whether we should begin providing the service before the withdrawal period has expired. Without such a request, we only activate the paid functions after the withdrawal period has expired.
(If you wish to withdraw from the contract, please complete this form and return it.)
To Stefan Achter, "Authorial", Weichselbaum 8, 82234 Weßling, email: mail@authorial.eu:
(*) Delete as appropriate.
The statutory provisions on rights in the event of defects apply. For consumers, the provisions on digital products (§§ 327 et seq. BGB) apply in particular, including the obligation to provide updates that are necessary to maintain conformity with the contract. The user reports any defects identified as precisely as possible to mail@authorial.eu so that we can remedy them promptly.
We process personal data in accordance with the statutory provisions. Details are set out in the privacy policy.
Where we process personal data on behalf of the user (in particular newsletter subscribers, form entries, blogger contacts and visitors to author pages), we conclude a data processing agreement with the user in accordance with Art. 28 GDPR. The agreement is provided on request to legal@authorial.eu; until it is concluded, the obligations under Art. 28(3) GDPR are deemed to have been agreed.
We are liable without limitation for damage resulting from injury to life, body or health, for damage based on intent or gross negligence, where a guarantee has been given, in the event of fraudulent concealment of a defect, and under the German Product Liability Act (Produkthaftungsgesetz).
In the event of a slightly negligent breach of an essential contractual obligation, our liability is limited to the foreseeable damage typical for the contract at the time the contract was concluded. Essential contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the user may regularly rely (cardinal obligations).
Otherwise, liability for damage caused by slight negligence is excluded. The above limitations also apply in favour of our legal representatives and vicarious agents.
Analyses, recommendations and AI suggestions in Authorial are non-binding aids. They replace neither legal or tax advice nor the user's own responsible decision.
We may amend these T&Cs for the future if the legal situation, case law or the services of the platform change. Changes affecting main performance obligations, prices or the relationship between performance and consideration only take effect with the user's express consent. We inform users of planned changes at least six weeks in advance in text form. If the user does not agree to a change, the previous T&Cs continue to apply; either party may then terminate the contract with notice in accordance with § 10.
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. If you have any questions or problems, you can reach us at any time at legal@authorial.eu.
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.
If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our registered place of business; statutory exclusive places of jurisdiction remain unaffected.
Should individual provisions of these T&Cs be wholly or partly invalid, the remainder of the contract remains valid. The invalid provision is replaced by the statutory provisions.