Terms and conditions

§ 1 Scope and provider

(1) These General Terms and Conditions (hereinafter “Terms”) apply to the use of the software-as-a-service platform provided via inomerce with its services The Vision, The Brain, Author, Dashboard, The Office (Das Büro) and Conciva, on the web as well as in the apps (hereinafter “Platform” or “Service”), of

(hereinafter “Provider” or “we”).

(2) These Terms apply to consumers (§ 13 BGB) and traders (§ 14 BGB). A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activity. A trader is a natural or legal person or a partnership with legal capacity that, when entering into the legal transaction, acts in the exercise of its commercial or self-employed professional activity.

(3) Deviating, conflicting or supplementary general terms and conditions of the user only become part of the contract if and to the extent that we have expressly agreed to their validity in writing.

§ 2 Subject matter of the contract and description of services

(1) The Provider makes available to the user, via the internet, a platform with services for online commerce that work with the help of artificial intelligence:

• The Vision: image content (e.g. lifestyle scenes, product variants) from uploaded product images and descriptions, as well as supporting planning and text functions;
• Author: texts for marketplaces and shops from product information;
• The Brain: a knowledge store for an organisation’s knowledge, from which the other services read;
• The Office (Das Büro): AI coworkers that work on the user’s tasks and submit the result for approval;
• Dashboard: the management of an organisation’s team and usage;
• Conciva (until October 2026 “Ino Reply”): an inbox for the customer service of businesses, on the web and as an iOS app (§ 11).

(2) The specific scope of functions depends on the plan or credit balance selected in each case and on the description of services on the website that is current at the time of use. The Provider is entitled to further develop and adapt the Service and to change individual functions, insofar as this is reasonable for the user and does not significantly restrict the core of the services owed under the contract.

(3) Image and text content is generated automatically using artificial intelligence models. The Provider does not warrant that generated content is free of errors, suitable for a particular purpose, legally unobjectionable, free of third-party rights or unique. The user is obliged to check generated content on their own responsibility before using it.

§ 3 Registration and user account

(1) Use of the Platform requires registration and the setting up of a user account. The user is obliged to provide the information requested during registration truthfully and completely and to update it if it changes.

(2) Natural persons with unlimited legal capacity and persons authorised to represent businesses in commercial dealings are entitled to register. There is no entitlement to registration.

(3) The user must keep their login credentials secret and protect them from access by third parties. In the case of business accounts (teams/organisations), the account holder is responsible for the users they have invited and for those users’ actions. The user must inform us without undue delay if there are indications that the login credentials have been misused.

§ 4 Conclusion of the contract

(1) The presentation of the plans and services on the Platform does not constitute a legally binding offer but an invitation to submit an offer.

(2) By completing registration, or by selecting a paid plan or credit pack and clicking the order button, the user submits a binding offer to conclude the respective contract. The contract is concluded by our acceptance, but at the latest upon provision of the Service or upon crediting of the credit balance.

(3) Paid ordering processes are displayed in summary form before the order is submitted. The user can review and correct their entries before submitting the binding order.

§ 5 Prices, credit balance (credits) and subscriptions

(1) The prices shown on the Platform at the time of the order apply. All prices are final prices including statutory VAT, for consumers and traders alike.

(2) Paid functions (e.g. generating an image or a text) are charged against a credit balance in the form of “credits”. A credit balance applies to all services of the Platform. The respective credit consumption per operation (e.g. per generated image) is displayed before use. Credits are not legal tender, cannot be paid out in cash and can only be redeemed within the Platform.

(3) Under subscriptions, the credits included in the plan are credited per billing period: monthly for a monthly subscription, once for the whole year for an annual subscription. Credits do not expire as long as the user account exists; this applies to subscription credits as well as to additionally purchased credit packs (top-ups). When the user account is deleted, any remaining credits expire without compensation.

(4) Subscriptions are billed monthly or annually in advance, depending on the interval selected. At the beginning of each billing period, the fee for the following period becomes due.

(5) On the web, payments are processed via the external payment service provider Stripe. The terms and notices of this service provider apply in addition. The user shall ensure that the payment methods they specify are sufficiently funded. § 6 applies to purchases in the iOS app.

(6) In the event of default in payment, the Provider is entitled to block access to the Service until the outstanding claim has been settled. Further statutory rights remain unaffected.

§ 6 Purchases via the App Store

(1) In the iOS app Conciva, plans for Conciva (“Conciva Tarif” in the tiers Starter, Pro and Business, each monthly or annually) can be purchased as a subscription via Apple’s in-app purchase. The contract for the purchase is concluded with Apple. Billing, renewal, termination and refunds are governed by Apple’s terms and are handled via Apple. Apple’s standard licence agreement for apps (Standard EULA) applies in addition.

(2) The subscription renews for the selected term unless it is terminated in the Apple ID settings at least 24 hours before the end of the current period. Deleting the user account does not end the subscription.

(3) In accordance with § 5 para. 3, the Provider credits the credits included in the subscription to the owner of the company for which the subscription was taken out. If Apple refunds a purchase, the credits credited for it are deducted again.

(4) In all other respects, these Terms apply to the use of Conciva.

§ 7 Term and termination

(1) The contract for a free account runs for an indefinite period and can be terminated by either party at any time without observing a notice period.

(2) Subscriptions have the term selected when the contract is concluded (month or year). They are each renewed for the originally selected term unless they are terminated by the end of the current billing period. Termination can be effected via the account management or in text form (e.g. by email) and takes effect at the end of the current billing period. § 6 applies to subscriptions via the App Store.

(3) The right of both parties to extraordinary termination for good cause remains unaffected. For the Provider, good cause exists in particular in the event of a significant breach of these Terms by the user.

(4) Fees already paid in advance for a current billing period are not refunded pro rata in the event of ordinary termination, to the extent permitted by law; statutory refund claims (e.g. in the event of withdrawal) remain unaffected.

§ 8 Right of withdrawal for consumers

Consumers have a statutory right of withdrawal. You will find the details, including the conditions for the early expiry of the right of withdrawal for digital content and services, as well as the model withdrawal form, in our information on the right of withdrawal. For purchases via the App Store, withdrawal and refunds are governed by Apple’s terms (§ 6).

§ 9 Rights of use in generated content

(1) For the use of the Platform, the user provides their own content (in particular product images, texts, links) (“User Content”). The user grants the Provider the non-exclusive right, limited territorially and in time to the purpose of use, to store this User Content, to process it technically and to transmit it to the service providers engaged to provide the services, insofar as this is necessary for the provision of the Service.

(2) Subject to full payment of the fees owed, the Provider transfers to the user the non-exclusive rights of use in the results generated by the user (images and texts) that are required for the agreed purpose, including commercial use, insofar as this does not conflict with third-party rights or statutory provisions.

(3) The user is solely responsible for ensuring that they hold the necessary rights to the User Content provided and that the creation and use of the generated content does not infringe any third-party rights (in particular copyright, trade mark, personality or competition rights).

§ 10 Obligations and rules of conduct of the user

(1) The user undertakes not to misuse the Service. In particular, it is prohibited

• to upload or generate content that violates applicable law, in particular criminal, copyright, trade mark, personality rights or youth protection law;
• to generate content that infringes the rights of third parties, is misleading or is liable to deceive in commercial dealings;
• to process images of persons without their required consent;
• to use the Platform to create discriminatory, violence-glorifying, pornographic or otherwise offensive content;
• to circumvent security measures, to query the Platform automatically in a manner that impairs its operation, or to introduce malware.

(2) In the event of violations, the Provider is entitled to remove the content concerned and to block access temporarily or permanently. The user shall indemnify the Provider against all claims by third parties asserted on the basis of a culpable breach of these obligations, including reasonable costs of legal defence.

§ 11 Conciva

(1) Conciva is aimed at businesses that use it to receive and answer their customers’ enquiries from marketplaces and mailboxes.

(2) For the personal data of its customers that is processed in Conciva, the user’s business is the controller within the meaning of the GDPR; the Provider processes this data on the business’s behalf. The basis for this is the data processing agreement that the business accepts in Conciva before it connects a marketplace, a mailbox or Odoo.

(3) Reply drafts, translations, notes and images created by the AI are suggestions. Messages to customers are sent by a human, not by the AI. The user shall check every draft for accuracy and permissibility before sending; § 2 para. 3 applies accordingly.

(4) The user is responsible for ensuring that they are permitted to use the login credentials for marketplaces, mailboxes and other connected systems and that their use of Conciva complies with the rules of the respective marketplaces.

§ 12 Availability

(1) The Provider endeavours to keep the Service available with as few interruptions as possible, but does not owe any particular level of availability unless expressly agreed otherwise. Temporary restrictions may arise in particular from maintenance work, technical faults and circumstances beyond the Provider’s control (e.g. outages of third-party services used, force majeure).

(2) Where possible, maintenance work is scheduled for times of low usage.

§ 13 Warranty and liability

(1) The statutory warranty provisions apply unless otherwise provided below.

(2) The Provider is liable without limitation for damage resulting from injury to life, body or health that is based on a negligent or intentional breach of duty, for damage based on intent or gross negligence, and furthermore under the Product Liability Act (Produkthaftungsgesetz) and to the extent of a guarantee assumed.

(3) In the event of a slightly negligent breach of an essential contractual obligation (cardinal obligation), the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the user may regularly rely, the Provider’s liability is limited to the foreseeable damage typical for the contract.

(4) In all other respects, the Provider’s liability is excluded. Liability for the loss of data is limited to the typical recovery effort that would have been incurred if the user had made backup copies regularly and in a manner appropriate to the risk.

(5) The above limitations of liability also apply in favour of the Provider’s legal representatives and vicarious agents.

§ 14 Data protection

Information on the processing of personal data can be found in our privacy policy.

§ 15 Changes to these Terms

(1) The Provider reserves the right to amend these Terms with effect for the future insofar as this is necessary due to changes in the legal situation, in supreme court case law or in market conditions, or insofar as the Provider introduces additional services or functions, and the user is not unreasonably disadvantaged as a result.

(2) Changes are notified to the user in text form. They are deemed approved if the user does not object in text form within six weeks of receipt of the notification. The Provider will specifically point out the significance of this period and of silence in the notification. If the user objects, the Provider is entitled to ordinary termination.

§ 16 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.

(2) If the user is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Provider’s registered office.

(3) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

(4) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.