Terms of Service

Last updated: January 20, 2025

1. Acceptance of Terms

By accessing and using PointFlair ("Service", "Platform", "we", "us", "our"), operated by SweetWater Holding UG (haftungsbeschränkt) ("Company"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Description of Service

PointFlair is an AI-powered content transformation platform that converts long-form content into platform-optimized social media posts. The Service is provided on an "as is" and "as available" basis.

3. User Accounts and Registration

To access certain features of the Service, you must register for an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and update your account information
  • Maintain the security of your password and account
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use of your account

4. Subscription Plans and Billing

4.1 Subscription Plans

We offer Free and Pro subscription plans. Pro subscriptions are available on monthly or annual billing cycles.

4.2 Payment Terms

  • Subscription fees are charged in advance on a recurring basis
  • All fees are non-refundable except as required by applicable law
  • We reserve the right to change our pricing with 30 days' notice
  • Failed payments may result in service suspension or termination

4.3 No Refund Policy

ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE. We do not provide refunds or credits for any partial subscription periods, unused features, or dissatisfaction with the Service, except as required by mandatory consumer protection laws.

5. Acceptable Use Policy

You agree not to use the Service to:

  • Violate any applicable laws or regulations
  • Infringe upon intellectual property rights
  • Generate harmful, offensive, or illegal content
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the Service
  • Use the Service for competitive analysis or to build competing products
  • Share your account credentials with third parties

6. Content and Intellectual Property

6.1 Your Content

You retain ownership of content you submit to the Service. By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, process, and transform your content solely to provide the Service.

6.2 Generated Content

You own the content generated by our AI tools. However, you are solely responsible for ensuring generated content complies with applicable laws and platform policies.

6.3 Our Intellectual Property

The Service, including all software, algorithms, and proprietary technology, remains our exclusive property.

7. Disclaimers and Limitation of Liability

7.1 Service Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2 AI-Generated Content Disclaimer

AI-generated content may contain errors, inaccuracies, or inappropriate material. We do not guarantee the accuracy, quality, or suitability of generated content for any purpose.

7.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.

8. Indemnification

You agree to indemnify, defend, and hold harmless SweetWater Holding UG (haftungsbeschränkt) and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Service, violation of these Terms, or infringement of third-party rights.

9. Termination

We may terminate or suspend your account and access to the Service at any time, with or without cause or notice. Upon termination, your right to use the Service ceases immediately. Termination does not entitle you to any refund.

10. EU Consumer Rights

If you are a consumer in the European Union, you may have certain rights under applicable consumer protection laws that cannot be excluded by these Terms. Nothing in these Terms limits such mandatory rights.

EU consumers have a 14-day withdrawal right for distance contracts. However, this right is lost if you begin using the Service during the withdrawal period after giving express consent.

11. Governing Law and Jurisdiction

These Terms are governed by the laws of Germany. Any disputes shall be resolved in the courts of Hamburg, Germany, except where EU consumer protection laws provide otherwise.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Service. Continued use after changes constitutes acceptance of the new Terms.

13. Contact Information

For questions about these Terms, please contact us at:

SweetWater Holding UG (haftungsbeschränkt)

Bunsenstraße 1

22765 Hamburg, Germany

Email: legal@pointflair.com

Website: https://pointflair.com

These Terms of Service are effective as of January 20, 2025. By using PointFlair, you acknowledge that you have read, understood, and agree to be bound by these Terms.