GENERAL TERMS AND CONDITIONS OF USE
Last updated: 02 April 2025
Introduction
Postflame is a product of ROKKHOPPER Innovations GmbH ("we" or "us") and provides the use. Please take the time to read these Terms and Conditions of Use carefully. By registering or otherwise using Postflame, you agree that you have read, understood and accepted these Terms and Conditions, including our Privacy Policy, and agree to be bound by them.
Our product
Postflame is a product of ROKKHOPPER Innovations GmbH and offers users the opportunity to create AI-generated content and share it on social media. Further it allows users to cross-post and upload content to all social media platform from one place.
User Data and Privacy
We collect and store user data, including name and e-mail address, payment information, and social media authentication access keys, as necessary to provide our services. For details on how we handle your data, please refer to our privacy policy.
Non-Personal Data Collection
We use web cookies to collect non-personal data for the purpose of improving our services and user experience. We do not use cookies for tracking or advertising purposes. For details please refer to our Privacy Policy.
Ownership and Usage Rights
When you purchase a package from Postflame, you can sign in to your social media accounts and authorize access to your data to post to the platforms connected to Postflame. You retain ownership of your content, but grant us the necessary rights to post on your behalf.
Refund Policy
We offer a full refund within 24 hours after the purchase. To request a refund, please contact us at [email protected].
Responsibility
We, ROKKHOPPER Innovations GmbH, are not responsible for what users do with the content they create, to the extent permitted by applicable law.
General disclaimer
To the extent permitted by applicable law, we, ROKKHOPPER Innovations GmbH, accept no liability for the functionality of data connections and/or computer services, errors, malfunctions, or damage caused by improper operation, or any other conditions (e.g. use of unsuitable software/hardware, errors in the operating system and abnormal conditions such as power fluctuations, room temperature etc.)
We, ROKKHOPPER Innovations GmbH, have implemented reasonable technical and organizational measures to protect personal user data. However, we accept no liability for unauthorized acquisition of personal data by third parties or for any server failures beyond our reasonable control.
We accept no liability in the event of improper use of the end device and/or an incident in connection with the use of the end device when using Postflame.
We accept no liability for consequential damage, financial loss, lost profits and the cost of restoring lost data.
We accept no liability if our service fails due to force majeure or fortuitous events, including, but not limited to, internal or external failures or defects, and generally any unavoidable or unforeseeable events that prevent proper performance.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and ROKKHOPPER Innovations GmbH as a result of your use of Postflame. You agree not to hold yourself out as a representative, agent or employee of ROKKHOPPER Innovations GmbH.
Nothing in this disclaimer shall exclude or limit our liability for gross negligence, intentional misconduct, or any other liability that cannot be excluded or limited under applicable law.
Disclaimer for the use of third-party AI
Use of third-party AI
Our tool uses artificial intelligence (AI) provided by third-party providers. We assume no liability for the performance, availability, accuracy or quality of the AI services provided by these third parties. These services are provided without express or implied warranty.
No guarantee for the results
The quality and accuracy of the content generated by the AI may vary and we do not guarantee that the results will always meet the user's expectations. The User acknowledges that the use of the AI services is at the User's own risk.
Availability and interruptions
We are not liable for interruptions or downtimes of the AI services caused by technical faults, maintenance measures or problems at the third-party providers. We make every effort to ensure reliable use of the tool, but cannot guarantee uninterrupted or error-free availability.
Limitation of liability
To the extent permitted by law, our liability is limited to the amount paid by the user for access to our tool. We are not liable for any indirect, incidental or consequential damages that may arise from the use or inability to use the AI services.
Changes to the AI services
We reserve the right to change, replace or discontinue the third-party AI services we use at any time. No liability is assumed for changes or failures of these services.
Indemnification
You are responsible for your use of Postflame. To the extent permitted by applicable law, you agree to indemnify and hold harmless ROKKHOPPER Innovations GmbH, its affiliates, officers, agents, and employees from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with:
This indemnification obligation does not apply in cases of gross negligence or willful misconduct by ROKKHOPPER Innovations GmbH.
In the event of a claim, suit, or proceeding (collectively, "Claim") to which this indemnity applies, we reserve the right to assume the exclusive defense and control of any such Claim, and you agree to cooperate fully with us in asserting any available defenses. You also agree not to settle any Claim without our prior written consent.
This indemnification provision shall survive the termination of your use of Postflame or these Terms and Conditions.
Online dispute resolution
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://www.ec.europa.eu/consumers/odr. You can reach us by e-mail: [email protected] We do not participate in the dispute resolution procedure.
Other terms and conditions
Applicable law
These Terms and Conditions of Use as well as the Agreement are subject to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of private international law. For all disputes between the parties, the exclusive jurisdiction of the competent court at the registered office of ROKKHOPPER Innovations GmbH is agreed upon. Notwithstanding this, ROKKHOPPER Innovations GmbH is entitled to sue the customer at their general place of jurisdiction.
Written form
For declarations in connection with these Terms and Conditions of Use and the contract, communication by e-mail, even without a qualified electronic signature within the meaning of the eIDAS Regulation, shall be considered to be in writing within the meaning of Section 886 of the Austrian Civil Code (ABGB).
Updating these Terms and Conditions of Use
We, ROKKHOPPER Innovations GmbH, may change the Terms and Conditions of Use for legitimate reasons, e.g. to add new functions to Postflame or to improve existing functions. We strive to further develop technology, which is why appropriate technical adjustments may occasionally be made to ensure the functionality or security of Postflame. The Terms and Conditions of Use may also be changed for legal or regulatory reasons. If a significant change is made to the Terms and Conditions of Use, you will be notified at least 14 days in advance. We may send these notices by email to an email address associated with your account on Postflame, and we will notify you when the new version of these Terms becomes effective. In this case, please read such notices carefully. If you do not agree with the changes to the Agreement and no longer wish to use Postflame, you may delete your account at any time. In the event that urgent changes are required for security reasons, legal requirements or official orders, advance notification may not be possible. However, we will inform you immediately as soon as we are able to do so.
Severability clause
Should individual terms of these Terms and Conditions of Use be invalid or unenforceable in whole or in part or lose their validity or enforceability at a later date, this shall not affect the validity of the remaining terms. In place of the invalid or unenforceable term, the legally permissible term that comes closest to the economic purpose of the invalid or unenforceable term shall be deemed to have been agreed. The same applies in the event of loopholes.
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