General Terms and Conditions
1 - Scope of application, definitions
The following General Terms and Conditions apply exclusively to the business relationship between the supplier and the customer in the version valid at the time of conclusion of the contract. Deviating terms and conditions of the customer shall not be recognised unless the provider expressly agrees to their validity. This shall also apply if we do not expressly object to the inclusion of the customer's terms and conditions.
For the purposes of these terms and conditions, a "consumer" is any natural person who concludes the contract for a purpose that cannot be attributed primarily to their commercial or independent professional activity (Section 13 of the German Civil Code - BGB).
An "entrepreneur" is any natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract (Section 14 (1) BGB).
§ 2 - Conclusion of a contract
If a contract is concluded, the contract is concluded with Better Living UG. The presentation of the services on the provider's website does not constitute a legally binding offer, but rather an invitation to submit an offer. By ordering the desired service, the customer submits a binding offer to conclude a contract by successfully completing the order procedure provided.
The provider accepts no liability for consequences arising from the legal relationships between the customer and the followers/users. Likewise, the provider assumes no liability for consequences arising from the legal relationships between the customer and the platform providers or operators of Instagram, TikTok or Facebook or other social platform providers. Likewise, no liability or warranty is assumed or given regarding the quality, durability or authenticity of followers, likes or others. Read more about this under points § 6-9
The order is placed in the following steps:
Selection of the desired service
Selection of options (e.g. origin restriction or placement period, number, etc.)
Specification of the purpose of the referral (e.g. profile name or page link)
§ 3 - Prices, due date, payment
All prices quoted by the provider are net prices and do not include statutory VAT and other price components. As this is a service, there are no shipping costs.
The customer has the option of paying via PayPal. In this case, payments are processed by PayPal (PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg), with whom the provider co-operates for payment and billing purposes. In the case of payment via PayPal, the respective terms of use and/or privacy policy of PayPal apply. By credit card. In this case, payments are processed via Stripe, with whom the provider cooperates for payment and billing purposes. In the case of payment via Paylike, the respective terms of use and/or data protection notices of Stripe apply.
Payment of the agreed fee is due upon conclusion of the contract (sending the order button). Offsetting against a claim of the provider with the customer's own claims is only permitted if this is undisputed or has been legally established or if the customer is entitled to it according to its conclusive substantiated assertion from this transaction for which the respective claim is asserted. A right of retention from earlier or other transactions than the contractual relationship in question cannot be asserted. The assignment of claims requires the express consent of the provider.
§ 4 - Performance
The provider's contractual service consists of the creation of AI-generated content and its publication on the customer's desired platforms. For the avoidance of doubt, it is pointed out that this is not a sale of the same, but merely an advertising service in the sense of a brokerage. The provider shall provide the agreed service within the duration specified in the respective presentation of the services after conclusion of the contract and receipt of payment, provided that the customer has given his express consent for the provider to commence the service before the expiry of the cancellation period within the scope of the right of cancellation. If the customer does not give their express consent for the service to begin before the cancellation period has expired, the service will be provided after receipt of payment and 14 days have elapsed since the contract was concluded. If the customer is an entrepreneur, so that there is no right of cancellation, the service shall be provided within the period specified in the respective description of the services after conclusion of the contract and receipt of payment.
Due to the agreed subject matter of the contract, the customer is aware that a specific growth number of followers, likes or video views cannot be guaranteed. The agreed number results from the underlying contract. In order to compensate for any losses inherent in the nature of the matter, the provider shall provide an additional brokerage of at least 10% of the agreed quantity. An over-procurement shall in no case constitute a defect. The same shall apply to a shortfall in the additional brokerage.
The basis for the provision of the service as being in accordance with the contract is a corresponding proof of performance by the provider. As a rule, this proof of performance is provided by screenshots of the meter reading created by the provider in relation to the agreed service or by documenting the meter reading and saving a time stamp. The meter reading at the beginning and end of the measure by the provider is decisive. In the case of multiple orders, the meter reading at the time of the last order to be executed by the provider shall be decisive. The customer is aware that the parallel commissioning of another service provider with a similar measure can lead to a falsification of the result and that it is not possible to determine whether the results are attributable to the provider or the other service provider. This does not constitute a defect and thus a warranty claim. Such a procedure is at the expense of the customer. It should also be noted that the count may be displayed with a delay.
The customer is aware that their social media presence must be accessible to all users of the respective platform for technical reasons (e.g. to view the meter reading) until the brokerage has been successfully completed. If the social media presence is deleted or the profile settings are set to "private", for example, the brokerage cannot be completed or carried out. If, for this reason, the brokerage cannot be completed or carried out, the customer will receive a one-off request per order by e-mail with a deadline of 7 days to make his social media presence accessible to all users of the platform so that a brokerage is possible. After expiry of the latter period, the provider shall be released from its obligation to perform. Any claims for performance by the customer shall lapse. In this case, the customer will not be reimbursed (even pro rata).
§ 5 - General provisions
The customer undertakes to only utilise the provider's services for such social media presences for which the customer is the owner and named responsible party.
The customer shall ensure that the social media presences referred to in paragraph 1 comply with German law and do not infringe the rights of third parties. The provider shall not carry out a legal review or assume liability. It is the customer's own responsibility to ensure that its content is lawful and does not infringe the rights of third parties.
The provider reserves the right to refuse the service in relation to certain content. This includes in particular Unlawful content, in particular content that violates criminal, data protection, privacy, licensing or copyright provisions, political, religious, discriminatory, defamatory or anti-constitutional content such as racist, sexist or pornographic content, content that glorifies violence, bets, games of chance, competitions, voting
In these cases, the customer shall also ensure that the aforementioned content is not affected by their order. The customer must check the content independently and before placing an order and undertakes not to place an order that contains a service relating to such content. Should the customer nevertheless place such an order, the provider shall be entitled to refuse performance or withdraw from the contract.
The customer undertakes to indemnify the provider against all claims made by third parties against the provider due to the infringement of industrial property rights, copyrights or illegal content and to indemnify the provider against necessary expenses in connection with such claims or to reimburse the provider for such expenses. This claim exists irrespective of any fault on the part of the customer. The necessary expenses also include in particular the costs of legal defence, including all court and legal fees at the statutory rate. The customer is obliged to provide the provider immediately, truthfully and completely with all information necessary for the examination of the claims and a defence in the event of a claim by third parties.
Credits that have been topped up cannot be paid out or refunded. The buyer understands this condition and agrees to it. However, the credit will be refunded if there are no active services on the site that the buyer could use. Temporary suspension of services (up to 30 days) does not change this.
§ 6 - Liability for defects / Warranty
The customer is aware that the terms and conditions of the platform provider or operator may result in the blocking or loss of the page, profile, post or video if followers, likes or video views are used in return for payment. The provider is not liable in these cases. A claim for warranty and/or compensation is excluded in this respect. The same applies to any negative effects, e.g. on search engine rankings or other undesirable side effects of the service used.
In addition, the following exclusions and limitations of liability apply to claims for damages, notwithstanding any other statutory requirements for claims:Unless otherwise specified in these terms and conditions or in the contract itself, the provider shall only be liable for wilful intent and gross negligence - including that of its legal representatives, employees, workers, staff, agents and vicarious agents - except in the case of injury to life, limb or health, where liability for wilful intent and negligence is given, unless an obligation is breached, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation). In the event of a breach of a cardinal obligation, the provider shall also be liable for negligence.
In the event of a breach of material contractual obligations, the provider shall only be liable for compensation for foreseeable damage typical of the contract, insofar as this was caused by slight negligence, unless the customer's claims for damages are based on injury to life, limb or health.
In accordance with the statutory provisions, the provider shall be liable insofar as claims are asserted arising from the assumption of a guarantee or a procurement risk, in the case of fraudulently concealed defects, from the breach of material contractual obligations, for damages in lieu of performance, on the basis of mandatory liability under the Product Liability Act or other mandatory liability.
§ 7 - Right of cancellation
The buyer is aware that the right of cancellation expires when an order is placed.
§ 8 - Credit balance
Credits that have been topped up cannot be paid out or refunded. The buyer understands this condition and agrees to it.
§ 9 - Liability
The provider assumes no liability for consequences arising from the legal relationships between the customer and the followers/users or their mediated likes and video views. Likewise, the provider assumes no liability for consequences arising from the legal relationships between the customer and the platform providers or operators of Instagram, TikTok or Facebook. In particular, the customer, who is an entrepreneur, is aware that it may be illegal under competition law to provide / advertise their entrepreneurial content with followers, likes or video views obtained through payment.
The customer is aware that the terms and conditions of the platform provider or operator may result in the blocking or loss of the page, profile, post or video if followers, likes or video views are used in return for payment. The provider is not liable in these cases. A claim for warranty and/or compensation is excluded in this respect. The same applies to any negative effects, e.g. on search engine rankings or other undesirable side effects of the service used.
In addition, the following exclusions and limitations of liability apply to claims for damages, notwithstanding any other statutory requirements for claims:Unless otherwise specified in these terms and conditions or in the contract itself, the provider shall only be liable for wilful intent and gross negligence - including that of its legal representatives, employees, workers, staff, agents and vicarious agents - except in the case of injury to life, limb or health, where liability for wilful intent and negligence is given, unless an obligation is breached, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation). In the event of a breach of a cardinal obligation, the provider shall also be liable for negligence.
In the event of a breach of material contractual obligations, the provider shall only be liable for compensation for foreseeable damage typical of the contract, insofar as this was caused by slight negligence, unless the customer's claims for damages are based on injury to life, limb or health.
In accordance with the statutory provisions, the provider shall be liable insofar as claims are asserted arising from the assumption of a guarantee or a procurement risk, in the case of fraudulently concealed defects, from the breach of material contractual obligations, for damages in lieu of performance, on the basis of mandatory liability under the Product Liability Act or other mandatory liability.
§ 10 - Applicable law
The law of the Federal Republic of Portugal shall apply to all legal relationships between the parties to the exclusion of international private law. If the customer is a consumer, the mandatory consumer protection provisions of the country in which the customer has his habitual residence are excluded from this choice of law.
The place of jurisdiction is Germany if the customer is a merchant or a legal entity under public law or a special fund under public law. The same applies to persons who do not have a general place of jurisdiction in Germany or persons who have moved their domicile or usual place of residence outside Germany after conclusion of the contract or whose domicile or usual place of residence is not known at the time the action is filed. The provider is also entitled to bring an action before the court that has jurisdiction over the customer's registered office or a branch office.
