Terms of Service

These General Terms and Conditions ("Terms") govern the use of the online platform SignalHost, operated by Algorithmo GmbH, Haus-Endt-Str. 90, 40593 Düsseldorf, Germany, email hello@algorithmo.de, phone +49 211 94624337 — referred to below as "SignalHost", "we", "us" or "the provider".

The full provider details, including the authorised representatives, the commercial register entry and the VAT identification number, are set out in our Legal Notice.

SignalHost is an internet-based software-as-a-service platform that users access through a web browser at signalhost.io.

Depending on the plan you choose, the following functions may be available:

• creating and managing a user account
• access to the functions included in the plan you have booked
• further functions SignalHost may offer in future

These Terms apply to every contract for the use of SignalHost, whether you use the platform as a consumer or for commercial, self-employed or other professional purposes ("business user").

Consumers additionally enjoy the mandatory statutory consumer protection rules.

Deviating terms put forward by a business user apply only where SignalHost has expressly agreed to them.

Unless stated otherwise during the order process, the contract language is German or English.

These Terms are provided in several languages. The authoritative version is the one in the language in which the contract was concluded; otherwise the German version applies.

"Account" means a user's personal user account with SignalHost.

"Content" means everything a user uploads, enters, creates, edits, generates, stores or publishes through SignalHost.

This includes in particular text, prompts, images, video, audio, character descriptions, names, logos and other files.

"Plan" means the paid or free usage model selected by the user.

"Subscription" means a recurring paid subscription for the use of a particular plan.

Certain functions of SignalHost require an account. Registration requires that you are of legal age.

You undertake to provide complete and accurate information when registering and to keep it up to date.

You must keep your credentials confidential and protect them against access by third parties.

You may not pass your account to other people or let others use it, unless the plan you have chosen provides a multi-user function.

You are responsible for all activity carried out through your account, to the extent you are answerable for it.

If you suspect unauthorised access, notify SignalHost without delay.

Under B2B plans, additional users, employees or other authorised persons can be enabled in line with the relevant plan.

The business user is responsible for ensuring that those people comply with the applicable terms of use.

Where SignalHost offers a free plan or a free trial, the contract comes into existence once registration succeeds and the corresponding account is enabled.

The presentation of plans on the website is not in itself a binding offer.

By completing the order process you make a binding offer to enter into a contract.

The contract is formed once SignalHost confirms the order or enables the booked service, unless the order process states otherwise.

For contracts with consumers, the order process is designed in line with statutory requirements.

Before you place the order, we show in particular the price, the billing period, the essential features of the service and, where applicable, the contract term and cancellation conditions.

The button that concludes a paid contract is clearly labelled as required by law.

After the contract is formed you may receive an electronic confirmation of your order.

The actual scope of the service depends on the plan booked.

A plan may be limited in particular in respect of:

• the number of users or seats
• usage or rate limits
• storage space
• API or automation functions
• the level of support

SignalHost may develop, improve, change or replace functions with comparable ones.

Mandatory statutory consumer rights are unaffected. Where a digital product supplied on a continuous basis is materially changed, the consumer's statutory rights apply.

Individual functions may rely on technical services, hosting providers, payment service providers or other interfaces operated by third parties.

The availability of individual third-party functions may therefore depend on circumstances outside SignalHost's control.

Paid plans may be offered as a recurring subscription.

You pay the price stated in the order process for the billing period you selected.

Where SignalHost offers a free trial period, the paid contract is concluded when the trial begins. The service is free of charge for the duration of the trial.

Unless the subscription is cancelled before the trial ends, it continues automatically as a paid subscription and the first payment becomes due on the day the trial ends. The length of the trial, the price that follows and the date of the first payment are stated before the order is placed.

A trial can be cancelled at any time before it ends, using the same cancellation function as a paid subscription. In that case no payment is taken.

A trial is available once per account.

Payment is made through the payment service provider offered during the order process.

Depending on the plan, billing may be monthly, annual or at another stated interval.

Where the order process says so, a subscription renews automatically for the agreed billing period unless it is cancelled in time.

The statutory rules on contract term and cancellation that apply to consumers are unaffected.

You can cancel your subscription using the function provided in your account.

Where the law requires it, SignalHost provides consumers with an electronic cancellation option including the statutory cancellation button.

After an effective cancellation, the paid plan generally remains available until the end of the billing period already paid for, unless the law or the contract provides otherwise.

Fees already paid are generally not refunded where the service was provided in accordance with the contract for the billing period in question and no statutory right to a refund exists.

Mandatory consumer rights are unaffected.

You retain your rights in the content you upload, to the extent those rights are actually yours.

You grant SignalHost the non-exclusive rights necessary to provide the agreed services: to store, reproduce and process your content technically, to transmit it to the technical service providers involved, and otherwise to use it as far as necessary to provide the platform.

SignalHost will not publish user content for its own marketing purposes unless separate consent or another legal basis exists.

You warrant that you hold all rights necessary to upload content to SignalHost and to have it processed within the platform.

To the extent permitted by law, you indemnify SignalHost against justified third-party claims arising because you uploaded, processed or published unlawful content or did not hold the necessary rights.

This does not apply where SignalHost is itself answerable for the infringement.

Where these Terms, applicable law or legitimate security interests are breached, SignalHost may take appropriate measures. These may include:

• removing individual content
• restricting individual functions
• temporary suspension
• permanent suspension
• termination of the account
• restricting access to certain plans or functions

SignalHost may remove content or restrict access where this is necessary to comply with legal obligations.

In the event of serious breaches or immediate security risks, suspension may occur without prior warning.

Where the law requires it, SignalHost takes the user's interests and the nature and severity of the breach into account.

SignalHost works to keep the platform as available as possible.

Constant or uninterrupted availability is not guaranteed unless expressly promised in a plan or a separate agreement.

SignalHost may carry out maintenance, updates and technical changes.

Outages or restrictions affecting third parties, hosting services, payment service providers or other external interfaces can impair the availability of individual functions.

Functions marked "beta", "preview", "experimental" or similar may be limited, faulty or only temporarily available.

The prices shown at the time the contract is formed apply.

Where required, taxes and duties are shown during the order process.

Consumers are shown prices including statutory VAT, where VAT is chargeable.

For business users, the prices stated in the order process or the contract apply, plus any applicable VAT.

In the event of late payment, SignalHost may restrict or suspend access to paid functions in accordance with statutory provisions.

Your statutory rights are unaffected.

Payments may be processed through external payment service providers.

Supplementary terms of the respective payment service provider may apply to payment processing.

Consumers generally have a statutory right of withdrawal unless a statutory exclusion applies.

The details are set out in the withdrawal instructions in Annex 1.

For digital services, a consumer may, under certain statutory conditions, request that SignalHost begin performance before the withdrawal period has expired.

This may require the express declarations and confirmations prescribed by law.

Where SignalHost supplies digital content, the statutory conditions for digital content may apply to the loss of the right of withdrawal.

SignalHost will obtain the necessary information and consents during the order process.

For consumers, the statutory provisions on conformity and liability for defects in digital products and digital services apply.

For business users, the statutory rights in case of defects apply with the limitations set out in these Terms, to the extent those limitations are legally permissible.

SignalHost is liable without limitation for damage:

• caused intentionally or through gross negligence
• arising from injury to life, body or health
• under mandatory statutory liability, in particular the Product Liability Act
• to the extent an expressly given guarantee so provides

Towards business users, SignalHost is liable for slight negligence only where an essential contractual obligation has been breached.

In that case liability is limited to the foreseeable damage typical of this kind of contract.

Towards consumers, the statutory liability provisions apply.

The liability limitations in these Terms do not apply where mandatory consumer law says otherwise.

SignalHost gives no guarantee of any particular commercial or social outcome from using the platform.

In particular, no guarantee is given as to revenue, savings or any other business result.

All rights in the platform itself, including software, user interface, designs, trade marks, logos, databases, technical concepts and other components, remain with SignalHost or the respective rights holders.

For the duration of the contract you receive a simple, non-exclusive, non-transferable right to use SignalHost in accordance with the plan you have booked.

Using SignalHost transfers no ownership or other rights in the software to you.

If you voluntarily give SignalHost feedback or suggestions for improvement, SignalHost may use them to develop its products further, unless mandatory rights of yours prevent this.

SignalHost may change these Terms where this is necessary because of changes in the law, technical developments, changes to the platform or other objectively justified reasons.

Towards consumers, the statutory requirements for changes to contractual terms apply.

No change will be made in a way that the law does not permit.

Towards business users, changes may be notified with reasonable advance notice.

Where consent is required, it will be obtained accordingly.

You may terminate your account unless statutory or contractual provisions say otherwise.

Both parties' right to terminate for cause without notice is unaffected. Good cause may exist in particular where the user:

• commits significant or repeated breaches of these Terms
• distributes illegal content through the platform
• commits payment fraud
• manipulates security mechanisms
• repeatedly circumvents usage limits
• significantly abuses the platform

When the contract ends, the right to use paid functions generally ends with it.

Where the law or the technology provides for it, you can export your data within a reasonable period.

After the contract ends, SignalHost may delete accounts and stored data, unless statutory retention obligations apply.

For business users, the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

For consumers, German law likewise applies, provided this does not remove the protection afforded by mandatory provisions of the state in which the consumer is habitually resident.

For business users, the registered office of SignalHost is agreed as the place of jurisdiction, to the extent the law permits.

In relation to consumers, the statutory rules on jurisdiction apply.

Should any provision of these Terms be or become wholly or partly invalid, the validity of the remaining provisions is unaffected.

The statutory provisions take the place of the invalid provision.

You can access these Terms and the contractual conditions before the contract is formed and save them in reproducible form.

Where individual provisions of these Terms conflict with mandatory statutory provisions, in particular consumer protection provisions, the mandatory statutory provisions prevail.

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 was concluded.

To exercise your right of withdrawal, you must inform us — Algorithmo GmbH, Haus-Endt-Str. 90, 40593 Düsseldorf, hello@algorithmo.de — by means of a clear statement of your decision to withdraw from this contract. You may use the model withdrawal form in Annex 2, but you are not obliged to.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the 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, 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.

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 that the service begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

For digital content not supplied on a tangible medium, the right of withdrawal may expire early under the statutory conditions if:

• you have expressly agreed that we begin performing the contract before the withdrawal period expires, and
• you have confirmed that you are aware that, by giving that agreement, you lose your right of withdrawal once performance begins.

The specific conditions are implemented during the order process in line with statutory requirements.