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.

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

Scribe Spark provides users with tools to streamline content creation. Features include AI-powered generation of social media posts, descriptions, 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 different social media platforms via the integration of third-party services (like Meta for Business). Some features are currently in development and not yet available to all users. New functionalities will be added over time. Payments are non-refundable except where required by law or where Coderilla GmbH fails 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.

7. Disclaimer

Scribe Spark is provided on an "as is" basis without warranties of any kind. Coderilla GmbH disclaims all warranties, expressed or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error free or completely secure.

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