Terms

These General Terms and Conditions ("Terms") apply to all contracts for the use of the MX² Creative Engine (the "Service") between the provider and its customers (the "Customer").

Provider and contractual partner is Propaganda Solutions GmbH.

Conflicting, deviating or supplementary terms of the Customer shall only become part of the contract if the provider has expressly agreed to their validity in writing. The Service is primarily aimed at business customers within the meaning of § 14 of the German Civil Code (BGB).

The Service is a software-as-a-service offering for the creation of advertising creatives using automated processes and AI models. Depending on the booked plan the following services are offered:

• Monthly subscription with a defined quota of ad creatives per billing period.
• Per-order add-ons (e.g. additional variants, higher render quality).
• Premium voice modules (where activated) for voice-over and lip-sync.
• Optional human quality review by provider staff (escalation track).

The concrete scope of service results from the plan / product description in the order flow and from any individually agreed additional services.

The presentation of the Service on the website does not constitute a binding offer but an invitation to submit an offer (invitatio ad offerendum).

By creating a customer account and selecting a plan, the Customer submits a binding offer to conclude a contract.

Paid contract conclusion takes place by clicking the clearly marked order button ("order now with obligation to pay" or an equivalent unambiguous formulation under § 312j (3) BGB).

The provider will confirm receipt of the order immediately by email. This acknowledgement of receipt does not yet constitute acceptance of the offer. The contract is concluded by the provider's declaration of acceptance or at the latest by the first provision of the ordered service.

The prices shown in the online order flow at the time of the order apply.

All prices are stated in Euro (EUR). Towards business customers prices are net plus statutory VAT.

Payment processing is handled by Stripe Payments Europe Ltd. (Ireland). By placing the order, the Customer authorizes Stripe to collect the agreed amounts using the payment method chosen in the order flow (credit card, SEPA direct debit or other methods supported by Stripe).

Invoices are provided electronically in text form. By accepting these Terms, the Customer consents to electronic invoicing.

Customs duties, taxes and other public levies in the Customer's country of residence are borne by the Customer to the extent legally permissible.

Unless otherwise agreed, the subscription is concluded on an automatically renewing monthly basis.

The Customer may cancel the subscription at any time with effect to the end of the current billing period, without stating reasons. Cancellation is possible via the customer account or by email to the provider.

Amounts already paid for the current billing period are not refunded on a pro-rata basis. Unused quotas expire at the end of the billing period unless the plan description provides otherwise.

The right to extraordinary termination for good cause remains unaffected for both parties.

The provider renders services using generative AI models and automated processes. Output is based on the input the Customer supplies (briefing, brand assets, product information).

The provider warrants the proper provision of the platform but does not warrant any specific artistic, stylistic or commercial quality of individual outputs. Outputs are proposals — the final selection and approval rests with the Customer.

The Customer is required to review every output for legal, content and brand suitability before publishing it through its own marketing channels.

Stated turnaround times (e.g. "most batches under 15 minutes") are non-binding empirical values. Binding delivery dates require express written confirmation.

The provider is entitled to engage subcontractors and third-party AI providers. A list of subprocessors is set out in the privacy policy.

The provider owes the provision of the platform and the execution of the agreed processing steps, but does not owe any specific economic or advertising success of the created content.

There is no entitlement to a refund or "money-back guarantee" on the basis of subjectively unsatisfactory AI output. Any statutory rights for defects remain unaffected.

Checking the created content for compliance with applicable advertising law (in particular the German HWG, LMIV, UWG and EU Regulation 1924/2006) as well as trademark, personality and copyright of third parties is the sole responsibility of the Customer.

Statements about performance metrics in the provider's marketing materials (CTR, ROAS, etc.) are industry benchmarks or empirical values and do not constitute warranted characteristics.

The Customer agrees to use the Service exclusively in accordance with applicable law.

The Customer may only upload content (images, text, brand marks, product data) for which it holds the necessary rights or to which it is entitled to grant access.

The Customer warrants that the content it provides does not infringe any third-party rights (in particular copyright, trademark, personality or competition rights) and does not contain any criminal or unlawful content.

The Customer is responsible for the safekeeping of its login credentials and is liable for any actions taken under its account.

It is prohibited to use the Service to create content that contains hate speech, discrimination, sexualised depictions of minors, instructions for criminal offences, false statements about named individuals or similar unlawful content.

The Customer agrees to review every advertisement created via the Service — itself or via suitable third parties (e.g. its own legal counsel) — for advertising-law compliance before publishing.

Subject to applicable law and full payment, the provider grants the Customer a simple, geographically and temporally unlimited, transferable right of use in the ad creatives generated on its behalf for the Customer's own advertising purposes.

The Customer grants the provider a simple right of use in the uploaded content to the extent necessary for service delivery (processing, storage, transmission to subprocessors).

The provider is entitled to analyse anonymized and aggregated usage data to improve the Service. Individual Customer content is not passed on to public third-party AI training without express consent.

The provider has unlimited liability for intent, gross negligence, damages resulting from injury to life, body or health, as well as under the German Product Liability Act and any assumed guarantee.

In cases of simple negligence the provider is liable only for breach of material contractual obligations (cardinal duties), whose fulfilment is essential for the proper performance of the contract and on whose compliance the Customer may regularly rely.

In the event of simple negligence in the breach of material contractual obligations, liability is limited to the foreseeable, contract-typical damage at the time of conclusion of the contract.

The provider is expressly not liable for any fines, warnings ("Abmahnungen"), damages claims or other legal consequences arising from the publication of ad creatives by the Customer, insofar as the Customer is responsible for the publication itself (see § 8 para 6).

Force majeure as well as outages, delays or quality issues at AI subprocessors release the provider from its performance obligation for the duration of the impairment.

The provider strives for an annual availability of the Service of 99 % on annual average. A specific availability is, however, not guaranteed.

Scheduled maintenance will, where possible, take place during off-peak hours and be announced in advance.

Information on the processing of personal data is provided separately in our privacy policy. It is not part of these Terms.

The Service is primarily directed at businesses within the meaning of § 14 BGB. For business contracts no statutory right of withdrawal exists.

If a contract is concluded with a consumer within the meaning of § 13 BGB, the following withdrawal instructions apply:

Withdrawal Policy

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the date of conclusion of the contract.

To exercise the right of withdrawal, you must inform us (Propaganda Solutions GmbH, Uhlandstraße 53, 10719 Berlin, Germany, +49 (0) 30 92103672, info@propaganda-solutions.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or an email). You may use the model withdrawal form below, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (with the exception of additional costs arising from the choice of a different delivery method than the standard delivery offered by us), without undue delay and no later than 14 days from the day on which we receive notice of your withdrawal from this contract. We will use the same means of payment that you used for the original transaction unless expressly agreed otherwise; in no event will you be charged fees as a result of this reimbursement.

Model Withdrawal Form

(If you wish to withdraw from this contract, please complete and return this form to us.)

To: Propaganda Solutions GmbH, Uhlandstraße 53, 10719 Berlin, Germany — Email: info@propaganda-solutions.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service:

— Ordered on (*) / received on (*):
— Name of consumer(s):
— Address of consumer(s):
— Signature of consumer(s) (only for notice on paper):
— Date:

(*) Delete as applicable.

For digital services, the right of withdrawal expires prematurely under § 356 (5) BGB if the consumer expressly consents to performance starting before the end of the withdrawal period and confirms knowledge that this consent extinguishes the right of withdrawal.

The provider is entitled to amend these Terms with effect for the future, insofar as this is necessary to adapt to changes in the legal situation, supreme court rulings, technical developments or to close regulatory gaps.

Changes will be communicated to the Customer in text form at least six weeks before they take effect. If the Customer does not object within this period, the changes are deemed to have been accepted. The right to object and its consequences will be highlighted separately in the notice.

The laws of the Federal Republic of Germany apply, excluding the UN Sales Convention. With regard to consumers, this choice of law applies only insofar as the protection granted is not deprived by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.

Exclusive place of jurisdiction for all disputes arising out of or in connection with this contract — insofar as the Customer is a merchant, legal entity under public law or special fund under public law — is Berlin.

Should individual provisions of these Terms be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected.

Amendments and additions to this contract require text form. This requirement of text form can itself only be waived in text form.