TERMS OF SERVICE
Last Updated: 2025-08-10
These Terms of Service ("Terms") govern your access to and use of the Genwriter platform ("Service") provided by Malte Hedderich. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use the Service.
These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany.
TABLE OF CONTENTS
4. USER REGISTRATION AND ACCOUNT
5. PAYMENT TERMS AND CREDIT SYSTEM
7. INTELLECTUAL PROPERTY RIGHTS
8. PRIVACY AND DATA PROTECTION
12. CONSUMER RIGHTS (GERMAN LAW)
14. GOVERNING LAW AND JURISDICTION
1. DEFINITIONS
For the purposes of these Terms of Service, the following definitions apply:
- "Service" means the software-as-a-service platform provided by Malte Hedderich accessible at genwriter.com
- "User" or "You" means any individual who accesses or uses the Service
- "Us" or "We" means the platform Genwriter, provided by Malte Hedderich, located at Friedensstr. 4, 61476 Kronberg, Germany (non-registered small business operator)
- "Credits" means the prepaid digital currency units that allow Users to access certain functionalities of the Service
- "Free Credits" means Credits provided to Users at no cost upon registration or through promotions
- "Paid Credits" means Credits purchased by Users through Credit Packages
- "Credit Package" means a bundle of Credits available for purchase
- "Account" means the user account created to access the Service
- "Content" means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials
- "Third-Party AI Providers" means external AI model or infrastructure providers used to deliver parts of the Service, including without limitation Microsoft Azure (Azure OpenAI) and Google Cloud AI.
- "AI Outputs" means text or other content generated by AI models made available through the Service.
2. ACCEPTANCE OF TERMS
By accessing or using the Service, you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not access or use the Service.
These Terms constitute a legally binding agreement between you and us. You must be at least 18 years old to use the Service. If you are under 18, you may only use the Service with the involvement and consent of a parent or guardian.
3. DESCRIPTION OF SERVICE
3.1 Service Overview
The Service is a cloud-based software platform that provides functionalities to support job seekers in their application process. Certain features and functionalities require the use of Credits.
3.2 Credit System
- Free Credits: Upon registration, Users receive 50 Free Credits
- Credit Usage: Credits are consumed when Users access specific functionalities as detailed in our pricing information
- Credit Packages: Additional Credits can be purchased through our Credit Packages
- Credit Validity: Paid Credits do not expire, while we reserve the right to set expiration dates for Free Credits
3.3 Service Availability
We strive to provide reliable access to the Service; however, we do not guarantee uninterrupted or error-free availability. The Service may be suspended, limited, or interrupted at any time for maintenance, updates, technical reasons, or circumstances beyond our control. No service level agreement (SLA) or uptime guarantee is provided.
3.4 Third-Party AI Providers
We may use Third-Party AI Providers to process prompts and generate AI Outputs. Depending on availability, performance, costs, reliability, compliance, or user settings, we may route requests to providers including Microsoft Azure (Azure OpenAI) or Google Cloud AI.
We may change, add, or remove Third-Party AI Providers at any time without prior notice, provided such changes do not materially reduce the security of personal data.
4. USER REGISTRATION AND ACCOUNT
4.1 Registration Requirements
To use the Service, you must create an Account by providing:
- Valid email address
- Secure password
- Additional information as requested during registration
4.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your Account credentials
- All activities that occur under your Account
- Immediately notifying us of any unauthorized use of your Account
4.3 Account Termination
You may terminate your Account at any time. We may terminate your Account for violation of these Terms or for any other reason with appropriate notice as required by law.
5. PAYMENT TERMS AND CREDIT SYSTEM
5.1 Credit Packages
- Credit Packages are available for purchase as displayed on our website
- All prices are in EUR and include applicable taxes
- Payment is due immediately upon purchase
- We reserve the right to modify Credit Package prices at any time. Price changes will not affect Credit Packages already purchased. You are not obligated to buy Credits at the new prices.
5.2 Payment Methods
We accept the following payment methods:
- Credit/Debit Cards (Visa, Mastercard, American Express)
- Apple Pay
- Other payment methods as made available in the Service
5.3 Refunds
- Free Credits are non-refundable
- Paid Credits are generally non-refundable once purchased
- Exception: If you exercise your right of withdrawal within 14 days of purchase, you will be refunded for unused Credits. If you have used any Credits during the withdrawal period, we may deduct a proportionate amount corresponding to the Credits used from your refund, as described in Section 12.3.
- Refunds will be processed to the original payment method within 14 business days
5.4 Credit Usage and Billing
- Credits are deducted in real-time when you use Credit-requiring features
- Your current Credit balance is displayed in your Account dashboard
- We provide detailed usage reports in your Account
6. ACCEPTABLE USE POLICY
6.1 Permitted Use
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service for any purpose that is unlawful or prohibited by these Terms, including but not limited to the prohibited activities listed in Section 6.2 below. You are responsible for ensuring that your use of the Service complies with all applicable laws and regulations.
6.2 Prohibited Activities
When using the Service you shall not:
- violate any applicable law, court order or regulation, including but not limited to data-protection, export-control and anti-spam statutes;
- infringe, misappropriate or violate the intellectual-property or privacy rights of third parties;
- upload, store, generate or transmit any content that is unlawful, harassing, defamatory, hateful, discriminatory, sexually explicit, violent or otherwise objectionable;
- upload or transmit viruses, malware, malicious script or any code intended to impair the Service or other systems;
- attempt to gain unauthorised access to the Service, other accounts or computer systems, whether through hacking, password mining or any other means;
- reverse-engineer, decompile, disassemble or otherwise attempt to derive the source code or underlying models of the Service, except as expressly permitted by mandatory law (§ 69e UrhG);
- use the Service to develop or train competing AI, large-language-model or résumé-generation services;
- sell, sublicense, rent, lease, lend, share, assign or otherwise transfer Credits or access to the Service to any third party;
- create multiple Accounts to circumvent Credit limits or restrictions;
- use any data-scraping, spidering, crawling or other automated means (other than publicly documented APIs) to extract data or content from the Service;
- engage in any activity that could disable, overburden or impair the Service’s infrastructure or interfere with other Users’ access;
- use the Service for any commercial purpose without our prior written consent, unless such purpose is expressly permitted in a separate agreement with us.
6.3 Enforcement
We may investigate suspected violations of this Section 6, suspend or terminate Accounts, remove content, report unlawful activity to competent authorities and cooperate with law-enforcement as legally required.
6.4 Fair Use Policy for Unlimited Features
Scope. Certain Service features may be described as "unlimited" or not subject to direct Credit charges. Such features remain subject to reasonable usage limits based on their intended purpose and typical user behavior.
Reasonable Use Standards. "Unlimited" features are provided for normal, good-faith use by individual job seekers. We reserve the right to impose usage limits or restrictions when usage patterns indicate:
- automated or scripted access exceeding human capacity
- commercial resale or redistribution of Service outputs
- usage volumes that significantly exceed those of typical job-seeking activities
- any pattern of use that could impair Service performance for other Users
Usage Monitoring. We may monitor usage patterns of unlimited features to ensure compliance with this Fair Use Policy. Usage that appears excessive, automated, or inconsistent with personal job-search activities may trigger usage limits or account review.
Enforcement. Upon detecting potential Fair Use violations, we may:
- temporarily limit access to unlimited features
- require verification of legitimate use
- implement usage quotas based on reasonable personal use
- suspend or terminate Accounts for repeated violations
Examples of Reasonable Use. Acceptable usage of unlimited features typically includes daily document generation, editing, and downloading consistent with active job-search activities by an individual user.
6.5 AI Provider Use Restrictions
When using AI features, you must comply with the applicable use restrictions of our Third-Party AI Providers, including Microsoft’s Azure OpenAI Service and Google Cloud AI. Prohibited uses include, without limitation:
- unlawful content or activity
- malware or attempts to exploit or harm others
- child sexual abuse material
- promotion of violence or terrorism
- activities that infringe intellectual property rights
- attempts to reconstruct provider models or extract their weights
- automated scraping of outputs to build competing models
- or any use that violates applicable export, sanctions, or trade laws.
We may update these restrictions to reflect provider policies. Your continued use constitutes acceptance of such updates.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Us Intellectual Property
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by the us and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
7.2 User Content
You retain ownership of any content you create or upload to the Service. However, by uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing the Service. You are responsible for reviewing AI Outputs for accuracy, legal compliance, and fitness for purpose.
7.3 License to Use Service
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms.
8. PRIVACY AND DATA PROTECTION
8.1 Privacy Policy
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.
8.2 GDPR Compliance
We comply with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). You have the right to:
- Access your personal data
- Rectify inaccurate personal data
- Erase your personal data
- Restrict processing of your personal data
- Data portability
- Object to processing of your personal data
8.3 Data Processing
We process personal data as a data controller for account management and service provision. For specific functionalities, we may process data as instructed by you. Details are provided in our Privacy Policy.
8.4 Data Breach Notification
We will notify Users and supervisory authorities within 72 hours of becoming aware of any personal data breach affecting personal data processed by Us.
8.5 Processing by Third-Party AI Providers
For AI features, we may transmit prompts, User Content, and necessary metadata to Third-Party AI Providers to generate AI Outputs. Such providers act as our sub-processors. A current list of sub-processors is available upon request or in our Privacy Policy. We implement appropriate safeguards for international transfers under GDPR, including standard contractual clauses where required.
8.6 Subprocessor Changes
We may add or replace sub-processors (including AI providers) upon notice via the privacy policy on our website. You may object on reasonable data protection grounds by contacting us. If we cannot accommodate your objection, you may terminate your account; any unused Paid Credits will be refunded pro-rata upon such termination.
9. DISCLAIMERS AND WARRANTIES
9.1 Service Availability
While we strive to provide reliable Service, we do not guarantee that the Service will be available at all times or free from errors, viruses, or other harmful components.
9.2 Warranty Disclaimer
To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
9.3 German Law Compliance
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under German law.
9.4 AI-generated Content
No warranty is given regarding the accuracy, reliability, or fitness of AI-generated Content for any purpose. AI Outputs may be inaccurate, incomplete, or reflect biases. We do not guarantee uniqueness or non-infringement of AI Outputs. You should independently verify facts and ensure compliance with applicable laws, professional standards, and third-party rights before relying on AI Outputs.
10. LIMITATION OF LIABILITY
10.1 Liability Limitations
To the maximum extent permitted by law:
- We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
- Our total liability for any claim arising out of or relating to these Terms or the Service shall not exceed the amount paid by you for the Service in the 12 months preceding the claim. This cap does not apply to data protection fines or damages to personal data.
- We shall not be liable for any loss of data, profits, or business interruption
- We are not liable for interruptions, errors, delays, data loss, or damages arising from Third-Party AI Providers, except where caused by our intentional misconduct or gross negligence. Mandatory consumer rights remain unaffected.
10.2 Essential Contractual Obligations
For breaches of essential contractual obligations through simple negligence, our liability is limited to typical, foreseeable damages. Essential contractual obligations are those whose fulfillment enables the proper performance of the contract and on whose compliance you may regularly rely.
10.3 Exceptions
These limitations do not apply to:
- Intentional misconduct or gross negligence
- Injury to life, body, or health
- Strict liability under the German Product Liability Act
- Guarantees expressly given by us
11. TERM AND TERMINATION
11.1 Term
These Terms remain in effect while you use the Service or have an Account with us.
11.2 Termination by User
You may terminate your Account at any time by:
- Following the termination process in your Account settings
- Sending written notice to the email address provided in our Imprint or via the Contact Us form
11.3 Termination by Us
We may terminate your Account:
- Immediately for material breach of these Terms
- As required by law or regulation
11.4 Effect of Termination
Upon termination of your Account:
- Your right to use the Service immediately ceases
- Free Credits will be forfeited immediately
- If you terminate your Account, any remaining Paid Credits will be non-refundable
- If we terminate your Account without cause, we refund you for any unused Paid Credits
- If we terminate your Account for your material breach, all remaining Credits (Free and Paid) will be forfeited
- We may delete your Account and all associated data immediately or after a reasonable period
- Provisions that by their nature should survive termination will survive
12. CONSUMER RIGHTS (GERMAN LAW)
12.1 Withdrawal Right
As a consumer, you have the right to withdraw from Credit Package purchases within 14 days without giving reasons. The withdrawal period expires 14 days after the day of purchase.
12.2 Withdrawal Procedure
To exercise your right of withdrawal, you must inform us of your decision by:
- Email to the email address provided in our Imprint
- Writing to us at the address provided in our Imprint
- Using the Contact Us form on our website
12.3 Effects of Withdrawal
If you withdraw from a Credit Package purchase:
- We will refund all payments received from you within 14 days
- Refunds will be made using the same payment method you used for the original transaction
- You may be charged for any Credits used during the withdrawal period
13. MODIFICATIONS TO TERMS
13.1 Changes to Terms
We may modify these Terms from time to time. Changes will be posted on our website with an updated "Last Updated" date. We may update provider-specific terms or acceptable use restrictions to reflect changes by Third-Party AI Providers. Material changes will be notified per 13.2.
13.2 Notification of Changes
We will notify you of material changes by one or more of the following methods:
- Email to your registered email address
- Prominent notice on our website
- In-app notification
13.3 Acceptance of Changes
Continued use of the Service after changes take effect constitutes acceptance of the new Terms.
14. GOVERNING LAW AND JURISDICTION
14.1 Governing Law
These Terms are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
14.2 Jurisdiction
The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms is Frankfurt am Main, Germany. Mandatory consumer-protection rules of your habitual residence remain unaffected.
14.3 Contract Language
These Terms are drafted in English. In the event of any discrepancy between the English text and a translation, the English version shall prevail.
15. GENERAL PROVISIONS
15.1 Entire Agreement
These Terms constitute the entire agreement between you and us regarding the Service.
15.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
15.3 Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
15.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
15.5 Force Majeure
We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, or government actions.
15.6 Contact Information
For questions about these Terms, please contact us at:
Malte Hedderich
Friedensstr. 4
61476 Kronberg im Taunus
Germany
Alternatively, you may reach out to us via our contact page