§ 1 Scope & contracting party (B2B only)
These Terms apply to all contracts between Daniel Ovadia, CastLoop (hereinafter “the provider”) and customers (hereinafter “the user”) regarding the use of the software-as-a-service platform CastLoop, accessible at app.castloop.de. Conflicting or deviating terms of the user are not recognized, unless the provider expressly agrees to them in writing.
CastLoop is aimed exclusively at entrepreneurs within the meaning of § 14 BGB (natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity). Use by consumers within the meaning of § 13 BGB is not intended and excluded. Upon conclusion of the contract, the user expressly warrants that they act as an entrepreneur; a corresponding mandatory confirmation is made in the registration process.
§ 2 Subject of services
CastLoop provides cloud-based Content Autopilot software (“software-as-a-service” / SaaS) for social media publishing. The service includes in particular:
- automated analysis of the user's video and audio content (in particular YouTube videos, podcasts) by means of AI;
- creation of short clip variants in portrait format with animated subtitles;
- time-controlled, automated publication of these clips on the social media platforms connected by the user: YouTube Shorts, Instagram Reels, Facebook, TikTok, LinkedIn, X (formerly Twitter), Threads;
- clip recycling over 90 days as well as performance feedback evaluation.
The specific scope of functions and the plan limits follow from the service description valid at the time the contract is concluded on castloop.de.
§ 3 Conclusion of contract & registration
The presentation of the plans on the website does not constitute a binding offer but an invitation to submit an offer. The user submits a binding offer by selecting a plan and completing the ordering process. The contract is concluded by a confirmation email or activation of the account.
In the registration process the user expressly confirms (i) that they have read and accept these Terms and the privacy policy and (ii) that they act as an entrepreneur within the meaning of § 14 BGB. Without these two confirmations, no contract is concluded.
§ 4 Prices, due date & payment
The prices shown on the website (castloop.de/pricing) at the time of the order apply. All prices are stated in euros and are net prices plus statutory value-added tax, insofar as this is incurred.
Small business notice: The provider is a small business within the meaning of § 19 (1) UStG. Therefore, currently no value-added tax is charged. Invoices carry the corresponding note “Pursuant to § 19 UStG, no value-added tax is charged.” Should the provider switch to standard taxation, this will be announced at least 30 days before it takes effect.
Billing is monthly or annually in advance, depending on the chosen billing interval. Payment processing takes place via the payment service provider Mollie B.V., Amsterdam. The user can choose from the payment methods offered by Mollie. In the event of default in payment, the provider is entitled to block access to the service after a single reminder with a deadline.
§ 5 Term & termination
The subscription runs for an indefinite period and can be ordinarily terminated by the user at any time to the end of the respective billing period (month or year). For monthly subscriptions, the notice period is therefore at most one month. Termination is carried out via the account settings within the platform or by email to info@castloop.de. The right to extraordinary termination for good cause remains unaffected.
§ 6 User's obligations
The user undertakes, in particular:
- to provide truthful information upon registration and to update changes without undue delay;
- to treat their access credentials confidentially and not to pass them on to third parties;
- to upload to the service only content that they are entitled to distribute under the applicable laws and contractual provisions (in particular copyright, ancillary copyrights, personality rights, the terms of the target platforms);
- to comply with the applicable terms of use of the connected target platforms (YouTube / Google, Meta / Instagram / Facebook / Threads, TikTok, LinkedIn, X);
- not to misuse the service (in particular no automated mass requests outside the agreed plan quotas, no circumvention of technical limits);
- to keep the access tokens of the connected social media accounts current (OAuth refresh).
§ 7 Content responsibility & rights to content
The user is solely responsible for the content that they have processed and published via CastLoop. CastLoop is a technical tool that exclusively takes up the source content provided by the user (YouTube video URLs, podcast episode URLs), creates clips from it and publishes them on their behalf. The provider does not carry out any content review.
The user retains all rights to the content provided by them or generated via the service. The user grants the provider only the simple, worldwide right of use limited in time to the contract term that is required to provide the agreed service (storage, processing, AI-assisted analysis, forwarding to the target platforms selected by the user).
The user indemnifies the provider against all third-party claims that arise due to the infringement of rights (in particular copyright, ancillary copyright or personality rights) by the content provided by the user. This also includes the costs of an appropriate legal defense.
§ 8 Platform integrations (third-party APIs)
CastLoop uses public APIs of the target platforms (YouTube Data API, Instagram Graph API, Facebook Graph API, TikTok Content Posting API, LinkedIn Marketing Developer Platform, X API v2, Threads Graph API). These APIs are subject to the terms of use and technical changes of the respective platform operators.
The provider gives no warranty that the platform APIs are available at all times or continue to exist in unchanged form. In particular, the provider is not liable for:
- interruptions, outages or limitations of the platform APIs;
- failed publications due to platform-side changes (e.g. new content policies, rate limits, API deprecations);
- rejection or removal of published content by the platform operators (e.g. copyright claims, community guidelines);
- loss of access tokens due to password changes or platform policies on the user's side.
The provider endeavors to the best of its ability to carry out an automated re-upload in the event of transient errors. There is, however, no guarantee of success. In the case of permanently failed publications, the affected clip quotas are usually credited back to the user.
§ 9 Availability
The provider endeavors to ensure high availability of the service, but does not owe uninterrupted accessibility. Planned maintenance work is — where possible — announced in advance. An availability guarantee (SLA) is not assured outside of separately agreed Enterprise plans.
§ 10 Liability
The provider is liable without limitation for intent and gross negligence as well as under the Product Liability Act and for damage resulting from the injury to life, body or health.
In the case of slight negligence, the provider is liable only for the breach of material contractual obligations (so-called cardinal obligations — obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the user may regularly rely) and limited in amount to the foreseeable, contract-typical damage at the time the contract is concluded.
Liability for lost profit, indirect damage, consequential damage and data loss (insofar as reasonable data backup was reasonable) is — insofar as legally permissible — excluded. Since CastLoop is a B2B offering, the statutory liability privileges for commercial transactions apply (§ 310 (1) BGB).
§ 11 Data protection & data processing (DPA)
The provider processes personal data in accordance with the privacy policy.
Insofar as the provider processes personal data on behalf of the user in the context of the service (in particular: storage of content metadata, AI analysis on behalf of the user, publication on connected social media accounts), the Data Processing Agreement (DPA) pursuant to Art. 28 GDPR applies additionally, which becomes an integral part of this contract upon conclusion of the contract and is handed over to the user at any time upon request as a signed execution (informal request to info@castloop.de).
The user is obliged, for their part, to comply with all obligations of the GDPR, in particular to ensure informed consent or another viable legal basis for the processing of the content of the persons included by them in the material (e.g. podcast guests, interview partners).
§ 12 Changes to these Terms
The provider is entitled to change these Terms with effect for the future, insofar as this is necessary to adapt to changed legal or factual conditions and the changes do not unreasonably disadvantage the user. The changes are communicated to the user in text form at least six weeks before they take effect. If the user does not object within six weeks, the changed Terms are deemed approved. The user is specifically informed of this right of objection and the significance of the deadline in the notice.
§ 13 Final provisions
The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of performance and — insofar as legally permissible — the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the provider (Karlsruhe). Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions is not affected thereby.