Terms and Conditions

1. Scope and contracting party

Responsible

mTw.Solutions Inh. Marcel Weber

Address

Pfarrer-Settele-Straße 6
86554 Pöttmes
Deutschland

Email

[email protected]

Phone

08253 995 69 31

These Terms and Conditions (the “Terms”) govern the use of the mTw.Studio application (the “Service”) and all contracts concluded through the application.

The contracting party is the provider named in the imprint (the “Provider”, “we” or “us”). The user is the person who creates an account or uses the Service.

A consumer is any natural person who concludes the contract for purposes that are predominantly neither commercial nor self-employed professional. An entrepreneur acts in the exercise of a commercial or self-employed professional activity.

Deviating or supplementary terms of the user apply only if we have expressly agreed to their validity.

The German version of these Terms is legally decisive; translations serve solely to aid understanding.

2. Subject matter and scope of the service

The Service is a web-based application for uploading, cutting and subtitling videos. It is provided as Software-as-a-Service; nothing is installed on the user’s device.

The services comprise: providing the application, storing uploaded media, video editing and preview (which run in the user’s browser), machine transcription of the audio track, translation of the subtitles produced from it, and export of the finished file.

Results of machine transcription and translation are approximations and may contain errors. No specific accuracy is promised; checking and, where necessary, correcting them before use is the user’s responsibility.

We aim for continuous improvement but do not owe any particular scope of features. Features may be changed, added or - with reasonable notice - discontinued, provided this is reasonable for the user.

3. Account and access data

Using the Service requires an account. It can be created by the user or set up by us. The details must be correct, complete and kept up to date.

The user keeps their access data secret, does not pass it on to third parties and is liable for all activity carried out via their account. Any misuse must be reported to us without delay.

There is no entitlement to the creation or continuation of an account. We may refuse accounts where misuse is to be expected.

4. Duties of use and content

The user may upload and process only content for which they hold the necessary rights. They warrant that processing does not infringe the rights of third parties - in particular no copyright, trade mark, personality or data protection rights of persons recognisable in the videos.

Not permitted are in particular: unlawful, youth-endangering, insulting content or content infringing third-party rights; circumventing quotas, limits or security measures; automated scraping or reselling access; and any act capable of impairing the Service or its infrastructure.

Uploaded content is not made publicly accessible; it is assigned exclusively to the respective account.

The user indemnifies us against third-party claims arising from unlawful use of the Service or from content they upload, and bears the reasonable costs of legal defence.

5. Prices and payment

The prices are shown on the pricing page of the application and are final prices. The provider is a small business under the German small-business rule; no VAT is charged or shown.

Paid plans run as subscriptions with a monthly or yearly term. The amounts actually invoiced are held in the payment system.

Payment is handled entirely by the payment service provider Stripe. Stripe is independently responsible for collecting and storing payment data (such as card or account details); we do not receive complete payment data. Invoices and receipts are provided via Stripe.

If the user falls into arrears or a payment fails, we may, after prior notice, suspend access until payment is received.

Under § 19 of the German VAT Act, no VAT is charged.

6. Free trial

New users receive a free trial of 7 days - without a payment method. It is limited to 1 GB of storage and 15 AI minutes.

The trial starts when the email address is confirmed and is granted once per confirmed email address.

The trial does not automatically turn into a paid subscription; nothing is charged automatically at the end. Further use requires a paid plan (section 7).

If the trial ends without a plan being taken out, access is suspended. The content is kept for 14 days and then deleted (see also the Privacy Policy).

7. Term, renewal and cancellation

A paid subscription runs for the chosen term (monthly or yearly) and renews automatically for the same term unless cancelled before it ends.

Cancellation is possible at any time with effect from the end of the current term - via the subscription management in the account. The services remain available until the end of the paid term. Terms already begun are not refunded pro rata; statutory withdrawal and refund rights (section 14) remain unaffected.

After a paid access ends, the content is kept for 14 days - reactivation within that period is possible without data loss. Afterwards projects, videos and media together with the associated files are deleted.

The right to terminate for good cause (section 11) remains unaffected for both parties.

8. Quotas and fair use

Each plan includes a storage quota and a monthly quota of AI minutes; the values are set out in the plan overview (section 5) and enforced on the server.

Once a quota is used up, further uploads, transcriptions or exports are rejected until storage is freed or a larger plan is chosen. Unused quota expires at the end of the billing period.

Excessive or abusive use (such as automated scraping, circumventing limits or sharing access) is prohibited and may lead to suspension.

Quotas and limits may change with a plan change. For a billing period already running, the values applicable at the time of booking remain decisive.

9. Availability and third-party providers

We aim for high availability of the Service but do not owe uninterrupted availability. Maintenance, faults and security measures may cause temporary restrictions.

The Service uses third-party services, in particular for transcription and translation, for storing the files, for payment processing and for email delivery (see the processors in the Privacy Policy). Disruptions or changes at these providers may restrict the Service; we are liable for this only in accordance with section 10.

10. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act, for fraudulently concealing a defect and for assuming a guarantee.

For a slightly negligent breach of a material contractual obligation, liability is limited to the foreseeable damage typical for the contract. Otherwise liability is excluded.

For the results of machine transcription and translation and for the consequences of their use, no liability is assumed to the extent permitted by law. The user is responsible for checking uploaded content and generated results before use.

The user must keep their own backups of content they need (their own copies of the source files). There is no further entitlement to data retention.

11. Suspension and termination for good cause

We may temporarily suspend the account or terminate the contract without notice where there is good cause - in particular for a significant breach of these Terms, for unlawful content, for payment arrears or for misuse of the Service.

In the event of suspension we inform the user to the extent permitted by law. Claims arising before termination remain unaffected.

12. Rights in content

Uploaded videos, generated subtitles and other content remain the property and intellectual property of the user.

The user grants us the simple right, limited to the duration of use and the purpose of providing the service, to store, transfer, process and - where necessary for the service - transmit the content to the service providers named in the Privacy Policy. Use for other purposes (such as training models) does not take place; nothing is published.

The rights in the application itself (software, design, brand) lie with the provider.

13. Data protection

The processing of personal data is described in the Privacy Policy, which is reachable via the footer of the application and forms a supplementary part of these Terms.

14. Right of withdrawal for consumers

In distance contracts, consumers have a statutory right of withdrawal. They may withdraw from the contract within fourteen days without giving reasons. The withdrawal period begins on the day the contract is concluded.

Withdrawal is to be declared without reasons by an unequivocal statement - for example by email to the address given in the imprint, such as by returning the completed model withdrawal form. Using the model form is not mandatory.

The free trial creates no payment obligation; it does not automatically turn into a paid subscription, so no withdrawal is needed in that respect.

Expiry of the right of withdrawal: There is no right of withdrawal once we have begun performing the service after the consumer has expressly consented and confirmed their knowledge that they lose the right of withdrawal upon performance beginning (§ 356(5) BGB, German law).

Consequences of withdrawal: payments already received are refunded without delay and at the latest within fourteen days. For the service provided up to withdrawal, a reasonable proportion may be charged.

Model withdrawal form (to be completed only if you wish to withdraw and sent to the address in the imprint): I/we hereby withdraw from the contract concluded by me/us for the provision of the following service: … - Ordered on/received on: … - Name of consumer(s): … - Address of consumer(s): … - Date: … - Signature (only for notification on paper): …

15. Changes to these Terms

We may change these Terms with effect for the future where there is an objective reason (such as changes in law, new features or changes in case law). We inform about changes by email at least six weeks before they take effect.

If the user does not object within that period, the amended Terms are deemed accepted. We expressly draw attention to the significance of the period in the notice. If the user objects in time, they may terminate the contract with effect from the date the changes take effect; until then the previous Terms apply.

16. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the consumer’s country of residence remain unaffected.

If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the provider’s registered office. For consumers the statutory rules apply.

We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration body.

Should any provision of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The statutory rule takes the place of the invalid provision.