1. Acceptance of Terms

By accessing and using Scribe Spark, a software-as-a-service (SaaS) platform by Coderilla GmbH, you agree to be bound by these Terms of Service. You have to agree to the Privacy Policy and the Terms of Service in order to be able to register and use the service. By using the Service, you also acknowledge that certain usage data may be collected for technical and analytical purposes as described in our Privacy Policy.

2. Business Use Only

Scribe Spark is intended exclusively for business and professional users (B2B). Consumers as defined in § 13 BGB are not eligible to use the Service.

3. Definitions

In these Terms, "User", "you" or "your" refers to any individual or organization using Scribe Spark. "We", "our" or "us" refers to Coderilla GmbH. "Content" means any text, image, video, media or other material created, uploaded or distributed through Scribe Spark.

4. Description of Service and Subscription Terms

Scribe Spark provides users with tools to streamline content creation and publishing workflows. Features include, but are not limited to, AI-powered generation of social media posts, captions, hashtags, image creation, tone adjustment, translations and persona targeting. Media can be uploaded (currently only images), managed and downloaded. The service can also be used to schedule and publish content to supported social media platforms via integrations with third-party services (such as Meta for Business). Some features are still in development and may not be available to all users. New functionalities are added over time.

Access to Scribe Spark is offered through different subscription tiers, each providing access to a defined set of features, usage limits and AI tokens. Users may select between monthly and annual billing. The subscription period begins on the date of purchase and renews automatically for the same period unless canceled prior to renewal. Individual AI token packages may also be purchased as one-time transactions.

You may cancel your subscription at any time via your account settings. Cancellations take effect at the end of the current billing period, and you will retain access to all paid features until that date. No refunds or partial reimbursements are issued for unused time or tokens, except where required by law or where Coderilla GmbH fails to provide the contracted service. Temporary unavailability, downtime, maintenance periods or technical disruptions as described in Section 7.1 shall not constitute a failure to provide the contracted service.

By subscribing, you expressly request that the digital service begins immediately after purchase and acknowledge that your statutory right of withdrawal under EU law expires once the service begins. A free trial version is available for testing purposes and does not require payment information. The trial includes limited access to the platform and a small number of test tokens. Once you choose a paid subscription, full feature access depends on your selected plan.

The applicable prices, plan details and usage limits are displayed on our website at the time of purchase and are subject to change. Any pricing changes will be announced in advance and will only apply to subsequent billing periods.

Payments are processed through authorized third-party providers in accordance with our Privacy Policy and applicable data protection regulations. Payments are non-refundable except where required by law or where Coderilla GmbH materially fails to provide the contracted service. Temporary unavailability, downtime, maintenance periods or technical disruptions as described in Section 7.1 shall not constitute a failure to provide the contracted service.

5. Responsible Use

You agree to use Scribe Spark responsibly and lawfully. The service must not be used to:

• Spam or flood the internet or other platforms with generated content
• Distribute copyrighted material you do not have the rights to
• Upload or generate NSFW, violent or offensive content
• Engage in illegal, abusive or harmful activities using the platform
• Violate any laws or terms of service of any platform we integrate with

Coderilla GmbH does not consent to misuse of the product in any form.

6. Data Processing & Storage

The Scribe Spark infrastructure is hosted on Google Cloud Platform (GCP) in the europe-west3 (Frankfurt, Germany) region. All data is processed and stored within the European Union. In limited cases where data may be transferred outside the EU (e.g., for email delivery or payment processing), such transfers occur under the EU–US Data Privacy Framework or the Standard Contractual Clauses (SCCs) approved by the European Commission.

In order to maintain and improve the quality, stability and usability of the Service, Coderilla GmbH uses privacy-friendly product-analytics tools (such as PostHog Analytics – EU Cloud). These analytics operate in compliance with the GDPR and, by default, in a cookieless and pseudonymous mode. Advanced analytics features or session-recording functions are only activated after the user has given explicit consent, as detailed in our Privacy Policy.

7. Disclaimer

Scribe Spark is provided on an "as is" and "as available" basis without warranties of any kind. To the maximum extent permitted by law, Coderilla GmbH disclaims all warranties, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. Coderilla GmbH does not warrant that the Service will meet your specific requirements or that all defects will be corrected.

8. Limitation of Liability

Coderilla GmbH shall not be liable for any damages resulting from the use or inability to use Scribe Spark, including but not limited to data loss, profit loss or business interruption. Coderilla GmbH is not liable for any content uploaded or generated by users.
Nothing in these Terms limits liability for intent, gross negligence or damages resulting from injury to life, body or health. Liability for breaches of essential contractual duties (cardinal obligations) is limited to foreseeable, typical damages.

9. Content Responsibility

You are solely responsible for any content you create, upload or distribute through Scribe Spark. Coderilla GmbH does not assume any liability for such content or for any legal consequences arising from its publication or distribution. To maintain a safe and lawful environment, we operate an automated and manual content moderation system. This system aims to detect and remove content that may violate these Terms, applicable law, or the rights of third parties. We reserve the right to remove or restrict access to any content that we reasonably believe breaches these Terms or is otherwise inappropriate. Serious or repeated violations may result in the suspension or termination of your access to Scribe Spark. Users may contact us to request a review of moderation or suspension decisions, which we will assess in good faith.

10. Termination / Breach of Contract

Coderilla GmbH reserves the right to suspend or terminate your access to Scribe Spark if you repeatedly or intentionally breach these Terms or applicable law. Each organization may receive up to three (3) strikes before further action is taken.
Depending on the severity of the breach, Coderilla GmbH may take one or more of the following measures, with or without prior notice:

• Sending a written warning or email notification to the organization’s Owner or Admin
• Temporarily or permanently suspending the organization
• Terminating any active contract or subscription
• Deleting data associated with the organization after a reasonable retention period, in accordance with our Privacy Policy and internal auditing or compliance procedures.
• Blacklisting users associated with the organization from future registration on Scribe Spark

11. Modifications

Coderilla GmbH may modify these Terms to reflect changes in legal requirements, product features or business practices. You will be notified in advance (e.g., by email or in-app). If you continue to use the Service after the effective date, you accept the new Terms.

12. Governing Law and Jurisdiction

These terms are governed by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. You submit to the exclusive jurisdiction of the courts located in Würzburg, Germany. The English version of these Terms is legally binding

13. Contact

For any questions regarding these Terms of Service, please contact:
Coderilla GmbH – scribe-spark@coderilla.de