Terms and Conditions

Last updated: 3 November 2026

1. Scope

(1) These Terms and Conditions apply to all contracts for the use of the SaaS platform "Briefkraft" at briefkraft.co between the provider named above ("we", "Briefkraft") and the customer – both consumers (§ 13 BGB) and businesses (§ 14 BGB). Provisions that apply only to consumers or only to businesses are marked as such.

(2) Deviating, conflicting or supplementary terms of the customer do not become part of the contract, even if we do not expressly object to them.

(3) The Data Processing Agreement (DPA) and the service description of the chosen plan also form part of the contract.

2. Service Description

(1) Briefkraft is a cloud-based platform for social media management. The scope of services depends on the chosen plan and includes in particular:

• AI-assisted creation of texts, images and videos for social media
• Scheduling and publishing content on accounts connected by the customer (incl. Instagram, Facebook, Threads, LinkedIn, X/Twitter, TikTok, YouTube)
• Optional automation features (e.g. Auto-Post, Evergreen – see § 8b)
• Depending on the plan, interfaces for the customer's own applications and AI assistants (API, MCP connector – see § 2d)
• Video repurposing incl. transcription, content calendar, analytics and reports
• Support by email

(2) Briefkraft is a technical tool. The customer decides which content is published, when and on which accounts. We do not owe any particular result (e.g. reach, followers, enquiries or revenue).

(3) Features that use third-party interfaces (e.g. Meta, LinkedIn, TikTok, X, Google) are only available to the extent the respective provider makes them available (see § 7).

(4) We continuously develop Briefkraft and may change features where there is a valid reason (e.g. changes to platform interfaces, the law, security, technical progress) and no additional cost arises for the customer. If a change impairs the use of a paid core feature more than insignificantly, we will inform the customer in text form at least 30 days in advance; the customer may then terminate the contract free of charge within 30 days of receiving the information or of the change, and receives a pro-rata refund of fees paid in advance (§ 327r BGB).

(5) Briefkraft is a tool for professional or business social media communication (e.g. by freelancers, coaches, consultants and agencies). Consumers may also use Briefkraft; their statutory rights remain unaffected.

2a. TikTok Integration

Briefkraft offers an integration with TikTok via the official TikTok API. By connecting your TikTok account to Briefkraft you agree that:

• Briefkraft may publish content on your TikTok account on your behalf after you have approved it in the Briefkraft dashboard
• Briefkraft may store your public profile information (display name, profile ID)
• Briefkraft stores OAuth tokens securely to maintain the API connection

You can disconnect the TikTok connection at any time in the Briefkraft dashboard under Accounts. Use of TikTok through Briefkraft is also subject to the TikTok Terms of Service.

2b. Meta (Facebook & Instagram) Integration

Briefkraft offers an integration with Facebook Pages and Instagram Business/Creator accounts via the official Meta Graph API. By connecting your Meta account to Briefkraft you agree that:

• Briefkraft may publish posts to your Instagram Business/Creator account and Facebook Page on your behalf after you have approved the content in the Briefkraft dashboard
• Briefkraft may read your account information (account name, profile ID, follower count) and post performance metrics (reach, impressions, engagement) to display analytics in your dashboard
• Briefkraft stores OAuth tokens securely and in encrypted form to maintain the API connection
• Content is only published once you have approved it – either individually in the dashboard or through an automation feature you have activated yourself (§ 8b)

You can disconnect the Meta connection at any time in the Briefkraft dashboard under Accounts. Upon disconnection, all stored tokens are immediately and irrevocably deleted. Use of Facebook and Instagram through Briefkraft is also subject to the Meta Terms of Service and the Meta Platform Terms.

2c. Threads Integration

Briefkraft offers an integration with Threads via the official Threads API (provided by Meta Platforms, Inc.). By connecting your Threads account to Briefkraft you agree that:

• Briefkraft may publish posts to your Threads account on your behalf after you have approved the content in the Briefkraft dashboard
• Briefkraft may read your profile information (username, profile ID) and post performance metrics (views, likes, replies) to display in your dashboard
• Briefkraft stores OAuth tokens securely and in encrypted form to maintain the API connection
• Content is only published once you have approved it – either individually in the dashboard or through an automation feature you have activated yourself (§ 8b)

You can disconnect the Threads connection at any time in the Briefkraft dashboard under Accounts. Upon disconnection, all stored tokens are immediately and irrevocably deleted. Use of Threads through Briefkraft is also subject to the Threads Terms of Use and the Meta Platform Terms.

2d. Interfaces (API, MCP) and AI Assistants

(1) Depending on the plan, the customer can connect Briefkraft via an application programming interface (API key) or an MCP connector with their own applications or third-party AI assistants (e.g. Claude, ChatGPT). These can then read data and create, edit, schedule or delete posts on the customer's behalf.

(2) Actions taken through access granted by the customer (API key, OAuth grant) are deemed actions of the customer. The customer chooses the connected application, reviews its results and revokes access if they can no longer control it (Settings → API).

(3) Briefkraft provides safeguards: publishing via an AI assistant requires a two-step confirmation, and deleted posts remain restorable from the trash for 30 days. The customer must not circumvent these safeguards. The customer's rights under § 10(1) remain unaffected.

3. Contract Formation, Registration, Contract Text

(1) The presentation of plans on the website is not a binding offer. Free plan: the customer completes the registration form, accepts these Terms and submits the form; the contract is formed when the customer confirms their email address via the confirmation link and we activate the account. Paid plan: the customer selects a plan and billing interval, reviews all details (plan, price, term) on the order summary and makes a binding offer by clicking "Order with obligation to pay". The contract is formed when we accept the offer, at the latest when the plan is activated.

(1a) Trial: After registration, new accounts receive the features of the Pro plan free of charge for 14 days. No payment method is required and no costs arise. The trial ends automatically; the account then continues on the free plan unless the customer orders a paid plan. A paid plan only arises through an order under para. 1.

(2) Before submitting, the customer can correct input errors at any time using the input fields, the "Cancel" button or the browser's back function.

(3) The contract languages are German and English. In case of discrepancies, the German version prevails.

(4) We store the version of these Terms accepted by the customer and the time of acceptance. The current version is available at any time at briefkraft.co/terms and can be saved or printed; earlier versions are available on request.

(5) The customer must be of legal age with full legal capacity and provide truthful information. Anyone registering on behalf of a business confirms that they are authorised to represent it. Login credentials must be kept confidential.

(6) Actions of team members invited by the customer to their account or workspace are attributed to the customer.

4. Plans and Prices

All prices are in Euro and are final prices (inclusive of all applicable taxes). As a small business under § 19 UStG (Kleinunternehmerregelung), no VAT is charged. The current plans are:

• Free: €0 — 2 accounts, 10 posts/month, 3 AI captions
• Starter: €19 / month — 4 accounts, unlimited posts, 20 AI captions, Brand Voice Memory
• Pro: €49 / month — 7 accounts, unlimited captions & posts, AI Strategy Engine, Client Approval
• Agency: €99 / month — Unlimited accounts, white-label, API access

With annual billing: Starter €180 / year, Pro €468 / year, Agency €948 / year (equivalent to €15 / €39 / €79 per month), each payable in advance.

Price changes for existing subscriptions only take effect if the customer expressly agrees; we announce them in text form at least 6 weeks in advance. If the customer does not agree, the subscription continues at the previous price until terminated by either party in the ordinary way.

4a. Founding Member Pricing Guarantee

The founding period runs until and including 31 December 2026. Customers who subscribe to a paid Briefkraft plan during the founding period ("Founding Members") are entitled to retain their subscribed plan price ("Founding Price") for as long as they maintain a continuous active subscription, including annual renewals at the founding annual rate.

This price guarantee is personal and non-transferable. It does not apply to: (a) new subscriptions created after the founding period ends; (b) subscriptions that are cancelled and subsequently reactivated — the then-current pricing will apply upon reactivation.

Changing plan tier within an active subscription does not void this guarantee. Briefkraft reserves the right to modify or discontinue features included in any plan tier, introduce new plan tiers, and adjust pricing for non-Founding Member customers. Briefkraft will not raise the Founding Price of an active Founding Member subscription.

5. Payment

(1) Fees are payable in advance for the chosen billing period (monthly or annually) and are collected by credit card (or the payment methods shown at checkout) via our payment provider Stripe. Invoices are provided electronically.

(2) If a payment fails, Stripe makes up to three further collection attempts. If payment is still not made, we may block access to paid features after giving at least 7 days' notice in text form. The obligation to pay remains. Costs of a chargeback for which the customer is responsible are borne by the customer.

6. Term and Cancellation

(1) Monthly plan: term of one month; it renews automatically by one month at a time and can be cancelled at any time effective at the end of the current month.

(2) Annual plan: term of twelve months; it renews automatically for a further twelve months unless cancelled before the end of the term. For consumers the following applies instead: after the first twelve months the contract continues for an indefinite period and can be cancelled at any time with one month's notice; fees paid in advance for the period after the end of the contract are refunded pro rata.

(3) The customer can cancel via the "Cancel contracts here" button (no login required), in the dashboard under "Billing" or by email to kontakt@briefkraft.co. A free account can be deleted at any time in the settings.

(4) We may terminate monthly plans with one month's notice to the end of a month and free accounts with 14 days' notice; annual plans to the end of the respective term.

(5) The right of both parties to terminate for good cause remains unaffected. Good cause for us exists in particular in the event of a serious breach of § 8 or a breach repeated despite a warning, payment arrears of at least two monthly fees, or abusive use.

(6) When the contract ends, access to paid features ends and scheduled posts are no longer published. The customer can back up their data beforehand using the export function in the settings; switching to another provider is additionally governed by § 6b. Deletion is governed by § 6b, the Privacy Policy and the DPA.

6a. Right of Withdrawal — Widerrufsbelehrung (EU Consumers / §§ 312g, 355, 356 BGB)

6b. Switching Provider and Data Portability (Art. 23 et seq. Data Act)

(1) The customer may at any time request to switch to another provider, to transfer their data to their own IT environment or to have their data erased. An email to kontakt@briefkraft.co or a cancellation under § 6 with this note is sufficient. The period until the switch begins is at most two months; if the contract can be terminated earlier under § 6, the shorter period applies.

(2) After this period, a transitional period of 30 calendar days begins. During this time we continue to provide the contractual services, reasonably support the switch, point out risks to continuity known to us and maintain a high level of security. The customer may extend the transitional period once for a period they consider appropriate for their purposes. If the transitional period is technically not feasible, we will notify the customer with reasons within 14 working days of the switching request and indicate a transitional period of at most seven months.

(3) Exportable data is all data the customer has entered, uploaded or generated via Briefkraft: account data, posts and drafts including the trash, media library files (as download links), brand voice, context entries, scheduling and posting rules, and statistics. We provide it in a structured, commonly used and machine-readable format (JSON, media files in their original format) via the export function in the settings and, depending on the plan, via the API. Not exportable is Briefkraft's internal data containing trade secrets (e.g. prompts, model and learning logic, anonymised statistics across accounts, technical logs); this does not impede switching. Connections to social networks (access tokens) are bound to Briefkraft and must be re-established with the new provider.

(4) After the transitional period, the customer can retrieve their data for at least another 30 calendar days. We then fully erase all of the customer's exportable data unless statutory retention obligations apply; backup copies are erased as they rotate (see Privacy Policy). The contract ends upon successful completion of the switch or, if the customer only wants erasure, when the period under para. 1 expires. Fees paid in advance for the period thereafter are refunded pro rata.

(5) We do not charge any fees for switching or data transfer.

(6) Information on the location of our IT infrastructure and our measures against unlawful governmental access from third countries (Art. 28 Data Act) is available at briefkraft.co/security.

7. Availability and Third-Party Platforms

(1) We aim for 99% availability on an annual average but cannot guarantee it. Planned maintenance will be announced in advance where possible.

(2) Briefkraft uses interfaces of Instagram/Facebook/Threads (Meta), LinkedIn, X, TikTok, YouTube (Google) and other providers. These may change their interfaces, policies, algorithms and reach at any time, restrict features, remove posts or suspend accounts. We have no influence on this. We are not responsible for outages, changes, suspensions or removals by these platforms, nor for the reach and visibility of posts, unless we are responsible for them.

(3) The customer is responsible for ensuring that the use of their accounts via Briefkraft (including automated publishing) complies with the terms of the respective platform.

8. Customer Obligations

The customer undertakes

• to upload, approve or publish only content (texts, images, videos, music, logos, links) for which they hold the necessary rights (in particular copyright, trademark, neighbouring and personality rights), including the consent of persons depicted or named (§ 22 KUG) and the rights to any music used;
• not to publish unlawful content, in particular no insulting, defamatory, discriminatory, inciting, violence-glorifying, youth-endangering or pornographic content, no misleading or otherwise unfair advertising, no unlawful health, healing, success or financial promises and no fake reviews;
• to label advertising, collaborations and paid partnerships in accordance with the law and to fulfil the imprint obligation on their own profiles themselves;
• to label AI-generated content where required by law (see section "AI-Generated Content");
• to comply with the terms and policies of the connected platforms;
• to comply with data protection law when processing personal data of third parties (e.g. comments, messages, photos, customer data) – in this respect the customer is the controller within the meaning of the GDPR;
• not to use Briefkraft for spam, unsolicited mass messages, manipulation of reach (e.g. fake accounts, purchased engagement), fraud or other unlawful purposes;
• not to circumvent security mechanisms, not to use the platform in an automated way outside the intended interfaces or overload it, and not to upload malware;
• to keep login credentials and API keys confidential and to notify us immediately of any misuse.

Agencies and third-party accounts: if the customer connects accounts of third parties (e.g. their own clients), they confirm that they are authorised to do so by them. They remain responsible to us for all content published via these accounts and ensure that their clients comply with the obligations of this § 8.

8a. Responsibility for Content

(1) The customer is solely responsible for all content they create, upload, approve, publish or send via Briefkraft – including AI-generated and automatically published content. Content is published in the name of and via the accounts of the customer. Briefkraft does not adopt this content as its own.

(2) We are not obliged to monitor content before or after publication or to check its lawfulness. AI suggestions are drafts that the customer must review before approval.

(3) Tips, templates, strategy suggestions and checking features (e.g. content score) are not legal advice and do not replace a legal review.

8b. Automation Features

(1) Briefkraft offers features that publish or send content without approval of each individual post, in particular Auto-Post (AI posts are approved and published automatically) and Evergreen (republishing earlier posts) as well as further automation features where we offer them. These features are switched off by default and are only activated by the customer.

(2) If the customer activates such a feature, all content published or sent through it is deemed approved by the customer. The customer must check the results regularly – at least weekly –, delete incorrect or unlawful content without delay and deactivate the feature if they cannot ensure such checks.

(3) We are not liable for content published through an automation feature activated by the customer, unless the damage is caused by a technical fault of the feature itself for which we are responsible (e.g. publishing despite deactivation). § 10(1), in particular liability under the Product Liability Act, remains unaffected.

8c. Indemnification

(1) The customer indemnifies Briefkraft against all claims asserted by third parties against Briefkraft due to an infringement of their rights or a violation of law based on content the customer uploaded, approved or published via Briefkraft (including via automation features), or on any other breach of § 8 by the customer. The indemnity also covers the reasonable costs of legal defence (court and lawyers' fees at statutory rates).

(2) The indemnity does not apply to the extent the customer is not responsible for the infringement.

(3) We will inform the customer without delay of any claims asserted and give them the opportunity to comment. The customer supports us in defending the claims with all necessary information. Further claims for damages remain unaffected.

8d. Rights to Content

(1) All rights to the customer's content remain with the customer. The customer grants us a simple, free, non-exclusive right limited to the term of the contract to store, reproduce, technically edit (e.g. format adaptation, cutting, subtitles, compression, transcription) and make available to the public via the connected accounts such content, to the extent necessary to provide our services.

(2) We do not use the customer's content to advertise Briefkraft or to train AI models unless the customer has separately agreed.

(3) To the extent rights to AI-generated results arise with us, we grant them to the customer for unrestricted use. AI results are not necessarily protected by copyright; similar results may also be generated for other users.

8e. Reporting Illegal Content and Suspension

(1) Notices of illegal content stored or published via Briefkraft can be sent at any time to kontakt@briefkraft.co (subject "Illegal content notice") – with a reasoned explanation, the exact location (e.g. URL), the name and email address of the notifier and a statement that the information is accurate and complete to the best of their knowledge (Art. 16 DSA). The single point of contact for authorities and users (Art. 11, 12 DSA) is the same address; languages: German and English.

(2) If we become aware of illegal content or a material breach of § 8, we may, taking the customer's legitimate interests into account, block the content or remove it from the queue, pause scheduled posts, deactivate automation features and, in the event of serious or repeated breaches, suspend the account temporarily or permanently. We do not use automated content moderation. We inform the customer of any measure with a statement of reasons (Art. 17 DSA); the customer may object by email and we will review the objection.

(3) In the event of a suspension for which the customer is responsible, the obligation to pay for the current billing period remains.

9. AI-Generated Content

Captions and images are generated using artificial intelligence. We do not guarantee the accuracy, completeness or legality of the generated content. As a user you are responsible for reviewing and approving all content before publication.

10. Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act, for fraudulently concealed defects and to the extent of any guarantee given.

(2) In the event of a slightly negligent breach of an essential contractual obligation (cardinal obligation) – an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the customer may regularly rely – our liability is limited to the foreseeable damage typical for the contract.

(3) Otherwise, our liability for slight negligence is excluded.

(4) Businesses only: in the cases of para. 2, liability per damage event is additionally limited to the fees paid by the customer in the twelve months before the damaging event, but at least €1,000. Claims for defects become time-barred after one year; this does not apply in the cases of para. 1.

(5) For loss of data we are liable – except in the cases of para. 1 – only for the effort that would have been required for restoration had the customer backed up their data regularly and appropriately (e.g. via the export function). Deleted posts can be restored by the customer from the trash for 30 days. We additionally back up platform data daily; this does not create a contractual entitlement to restoration from our backups. Claims under the Product Liability Act remain unaffected.

(6) The above limitations also apply in favour of our legal representatives, employees and vicarious agents.

(7) The statutory rights of consumers in respect of defects in digital products (§§ 327 et seq. BGB) remain unaffected.

11. Data Protection and Data Processing

(1) We process personal data in accordance with our Privacy Policy.

(2) Where the customer processes personal data of third parties via Briefkraft (e.g. comments and messages from followers, photos of people, contact details), we act as processor. The Data Processing Agreement (DPA), which forms part of this contract, applies. The customer is responsible for the lawfulness of this processing.

12. Changes to these Terms

(1) Changes to these Terms only take effect if the customer expressly agrees to them (e.g. by clicking at the next login). We inform about changes in advance by email or in the dashboard.

(2) If the customer does not agree, the contract continues under the previous terms; either party may then terminate it in the ordinary way under § 6.

(3) Further development of the service is governed by § 2 para. 4.

13. Final Provisions

(1) 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 to the extent it does not deprive them of the protection of mandatory provisions of the country of their habitual residence.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this contract is Kassel.

(3) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

(4) If individual provisions of these Terms are invalid, the remainder of the contract remains valid. The invalid provision is replaced by the statutory provisions (§ 306(2) BGB).

AI-Generated Content & Labelling Obligation

§ 1 Use of AI Systems

Briefkraft uses AI systems (including Anthropic Claude for texts and, via Replicate, image and video models such as Flux, Kling, Seedance, LTX and WAN) to create texts, images and videos. The results are suggestions; review, approval and publication are the user's responsibility.

§ 2 Labelling Obligation (EU AI Act Art. 50)

Under Art. 50(4) of Regulation (EU) 2024/1689 (AI Act), the AI-generated nature of content must be disclosed for deepfakes (realistic AI images, videos or audio of persons, places or events) and for AI texts published to inform the public on matters of public interest. In addition, many platforms (e.g. TikTok, Meta) require their own AI labels. Briefkraft points this out in the dashboard.

Briefkraft marks the images, videos and carousel PDFs it generates as AI-generated in a machine-readable way (Art. 50(2) AI Act; details at AI Compliance) and labels AI videos published via Briefkraft on TikTok as "AI-generated". The customer must not remove or circumvent these markings.

Responsibility for correct labelling lies with the user. Briefkraft accepts no liability for fines resulting from failure to label content. § 10(1) remains unaffected.

§ 3 Accuracy & Quality

AI-generated content may contain errors. Briefkraft provides no guarantee of accuracy. Users are obliged to review content before publication.

§ 4 Copyright

AI-generated images and videos are produced via third-party providers (Replicate). Usage rights are governed by the conditions of the model providers (Flux, Kling, Seedance, LTX, WAN). Commercial use is permitted within the scope of these conditions.