Terms of Service

Version of 16 September 2026 · Version 2.1

1. Provider and scope

These terms govern every contract for the use of "Share Motion" between Laurenz Fussenegger, sole trader, Dekan-Hausteiner-Weg 6, 6780 Schruns, Austria ("we") and the person or company creating an account or booking a package ("you"). Your own terms do not become part of the contract.

The service is aimed primarily at businesses. Where a consumer contracts with us, mandatory Austrian consumer law (KSchG, FAGG) takes precedence and the withdrawal instructions form part of the contract.

2. The service

Share Motion analyses a website you specify, derives a brand profile, produces a content strategy and a monthly content plan, generates images, videos, carousels and avatar clips using third-party AI models, and publishes posts you have approved through the official APIs of the platforms you connect — Instagram (Meta), TikTok, YouTube, Facebook Pages (Meta), Threads (Meta), X, LinkedIn, Pinterest and Bluesky — at the times you schedule. It also reads back reach and engagement figures for those posts.

TikTok restriction.Our application is not currently approved by TikTok for public posting. Until TikTok grants that approval, posts are transmitted there with "only me" (private) visibility. Public visibility on TikTok is therefore not owed until then; on every other connected platform, publishing is public.

We owe the provision of the software and the execution of the renders you commission. No specific marketing outcome, reach, follower count or conversion rate is owed. We may develop the service further and change individual features or model providers as long as the agreed core benefit remains. Material reductions in scope are announced at least 30 days in advance and give you an extraordinary right of termination.

3. Contract formation, account, free tier

• The contract is concluded once you complete payment with our payment provider and we confirm the booking or unlock access.
• Registration requires truthful information. You keep your credentials confidential and are responsible for all activity under your account.
• Free tier.New accounts start on "Free": brand scan, strategy and content plan are included, the credit balance is 0, and three free renders are available so you can judge output quality. There is no entitlement to the free tier; we may change or discontinue it at any time.
• We may refuse registration or suspend an account for good cause, in particular abuse, payment default or a breach of clause 8.

4. Packages, credits and expiry

Packages are monthly. At the start of each billing period the credit allowance of the package is granted:

• Essential — 490 € per month, 500 credits, 1 brand;
• Growth — 990 € per month, 900 credits, 3 brands;
• Studio — 1,990 € per month, 1,600 credits, 10 brands.

Credits are an accounting unit for compute. Every render consumes the number of credits shown before you start it; the cost depends on format and on the model quality included in your package. We may adjust per-format credit costs when the underlying model prices change, with effect from the next billing period.

Expiry. Credits are tied to the billing period. Unused credits are not carried over, not banked and not paid out. They expire at the end of each billing period — the balance is reset to the package value at the start of the new period, not topped up — and on termination of the contract, regardless of the reason. A consumed credit is not refunded merely because you dislike the result; a render that fails for a reason attributable to us or to a model provider is credited back. Credits are not transferable and are neither e-money nor a voucher.

5. Prices and VAT

All prices are net prices in euro per calendar month. We currently operate under the Austrian small-business scheme: the service is exempt from VAT pursuant to § 6 (1) no. 27 UStG; no VAT is shown and no input tax deduction is possible.

If that status ceases, the agreed prices increase by the statutory VAT from the effective date, announced at least 30 days in advance. For business customers elsewhere in the EU the reverse-charge mechanism may apply; please provide a valid VAT ID.

Price changes. We may adjust package prices once per calendar year, announced by email at least 30 days before they take effect. You may terminate with effect from the end of the current billing period; if you do not, the change is deemed accepted. The announcement will say so explicitly.

6. Payment and default

• Billing is monthly in advance via Stripe. You manage payment methods in the Stripe customer portal; we never store full card details. Invoices are provided electronically and you consent to that.
• Default. If a charge fails, the account moves to a restricted state until payment succeeds: renders and scheduled publications are suspended and the credit balance is set to 0. Existing content is retained for the time being.
• If payment remains outstanding for more than 14 days we may terminate with immediate effect and delete the account and its content after prior notice.
• Towards businesses, statutory default interest under § 456 UGB and a lump-sum collection cost of 40 € under § 458 UGB apply. Set-off by businesses is permitted only with undisputed or legally established counterclaims.

7. Term, renewal and termination

• The contract runs indefinitely with a billing period of one month, starting on the day of the first successful payment.
• Automatic renewal. It renews automatically for one further month at the end of each period and is charged again unless terminated beforehand. There is no minimum term beyond the current period.
• Your termination. You may terminate at any time without giving reasons, effective at the end of the current billing period — in your account via the subscription management button, which opens the Stripe customer portal, or informally by email. No particular form is required.
• Access remains fully available until the end of the period. There is no pro-rata refund for the current period unless mandatory law says otherwise. Unused credits expire without compensation.
• Our termination.We may terminate with 30 days' notice to the end of a billing period. The right of either party to terminate for good cause is unaffected.
• After termination. Scheduled publications are no longer executed and stored platform tokens are deleted. Export your content before the contract ends; afterwards workspace data is deleted in line with the privacy policy, subject to statutory retention duties.

8. Your obligations and permitted content

• You must own, or be validly authorised to manage, every social account you connect.
• You warrant that you hold all necessary rights in the material you supply — logos, images, video, text, likenesses, voices, trademarks — and that its use in the service infringes no third-party rights.
• For avatars and voices you additionally confirm that you have express, demonstrable consent from the person depicted or heard. Generating likenesses of real people without their consent is prohibited.
• Test accounts in the brand scan.If you give the service credentials so the brand scan can read an area behind a sign-in, you warrant that the account belongs to an application you operate or are authorised to act for, that you may share those credentials, that automated access breaches no third party’s terms, and that it is a demonstration account without real personal data of third parties. You must not enter credentials for third-party accounts, identity or payment providers, or any account you are not authorised to act for.
• Prohibited in particular: unlawful, misleading, discriminatory, harmful or violence-glorifying content, content infringing third-party rights, and any attempt to circumvent security measures, usage limits or credit accounting.
• Platform terms and community guidelines apply in addition; you are liable for breaches towards the platform, and for observing advertising-disclosure rules under UWG and MedienG.

9. Approval and responsibility for published content

Nothing is published without your approval. The service produces drafts; publication happens only for posts you have expressly approved in the app, at the time you chose. By approving, you adopt the content as your own and are solely responsible for its accuracy, for third-party rights and for compliance with advertising, labelling and professional-conduct rules.

AI output can be factually wrong, biased or inconsistent in detail. You review every post before approval. We perform no editorial pre-check and are not obliged to.

Indemnity. You indemnify us against all third-party claims arising from material you supplied, content you approved, the accounts you connected, or a breach of clause 8, including reasonable costs of legal defence. We will notify you promptly of any claim and coordinate with you before making any admission or settlement.

10. Rights in content

• Your material. All rights remain with you. You grant us a non-exclusive licence, limited to the term of the contract, to store, process and transmit that material to the model and platform providers to the extent necessary to deliver the service.
• Generated content. Upon full payment for the relevant period we transfer to you every transferable right we hold in the content generated in your account — unlimited in time, territory and purpose, including commercial use and modification.
• Honest note on protectability. Purely AI-generated content is, under current Austrian and EU law, generally notprotected by copyright, because it lacks a human author's personal intellectual creation. We therefore cannot promise you exclusivity or copyright protection in such content. We transfer what is transferable. Protection may still arise from your own creative contributions, trademark law or unfair-competition law.
• Use of generated content is additionally subject to the terms of the respective model providers; we can only grant rights to the extent they grant them to us.
• We will name you as a reference or show generated work only with your prior written consent.

11. Availability and third-party services

We provide the service with the care of a diligent business but owe no specific availability. The service depends on third-party interfaces — Meta, TikTok, Google, X, LinkedIn, Pinterest, Bluesky, Stripe and the AI model providers. If such an interface fails, changes, is restricted, or a platform refuses to publish a post, that does not constitute a defect in our performance. Where a publication fails for a reason attributable to us, our obligation is limited to retrying the publication or crediting back the consumed credits.

Publishing to a platform is also subject to that platform's own terms. In particular, by connecting a YouTube channel you agree to be bound by the YouTube Terms of Service (Share Motion uses the YouTube API Services), and posts to TikTok are subject to TikTok's Music Usage Confirmation and, for commercial content, its Branded Content Policy.

12. Warranty and liability

• We are fully liable for intent and gross negligence, for damage from injury to life, body or health, and under the Product Liability Act.
• For slight negligence we are not liable towards businesses. Towards consumers, liability for slight negligence is limited to breaches of material contractual duties and to the typical, foreseeable damage.
• Liability cap. Where liability is not excluded, it is capped in aggregate at the fees you actually paid us in the twelve months before the event causing the damage. The cap does not apply to intent, gross negligence, personal injury or product liability.
• Excluded in any case: lost profit, missed reach, reputational damage, data loss where you failed to keep reasonable backups, and platform measures such as suspension, deletion or reach limitation of an account or post.
• No warranty is given for the factual accuracy of AI output; your review duty under clause 9 remains.
• Towards businesses, warranty claims must be brought in court within six months of becoming aware of the defect, and the reversal of the burden of proof under § 924 ABGB is excluded. Statutory periods apply to consumers.

13. Data protection

See the privacy policy. Where we process personal data on your behalf, the data processing agreement under Art. 28 GDPR applies and becomes part of the contract on conclusion.

14. Changes to these terms

We may amend these terms where justified by changes in law, case law, our service or the requirements of the connected platforms. Changes are announced by email at least 30 days before they take effect. If you do not object by that date, they are deemed accepted; if you object, the contract ends at the end of the current billing period. The notice will state this expressly.

15. Consumer withdrawal

Consumers have a statutory right of withdrawal in distance contracts. See the withdrawal instructions, including the model form. Businesses have no such right.

16. Final provisions

• Austrian law applies, excluding its conflict-of-law rules and the CISG. For consumers this choice applies only insofar as it does not deprive them of mandatory protection under the law of their country of residence.
• Place of jurisdiction for disputes with businesses is the competent court at our seat ([[ZU PRÜFEN: confirm court: Feldkirch]]Feldkirch). Consumers keep their statutory venue.
• You may assign rights under this contract only with our consent. We may transfer the contract in the course of a business succession.
• Should individual provisions be invalid, the remainder of the contract stays in force; the invalid provision is replaced by one that comes closest to its economic purpose.
• Language. Only the German version of these terms is authoritative. In case of discrepancy between the German version and any translation, the German version prevails.
• Contact: laurenz.fussenegger06@gmail.com. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.