General Terms of Service
1. Scope of Application and Contracting Partner
These General Terms of Service ("Terms") govern the use of the cloud-based SaaS platform AIMpact (accessible via https://www.aimpact.app and associated subdomains) by businesses, merchants, and marketing agencies (hereinafter "Customer" or "User").
The provider and contracting partner is:
AIMpact by always-improve.com
Tim Fricker
Röttler Weg 8
79400 Kandern
Germany
Email: info@aimpact.app
This offering is directed exclusively at businesses and entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Use by consumers (Section 13 BGB) is expressly excluded. Conflicting or deviating terms and conditions of the Customer shall not apply unless their validity has been expressly agreed to in writing.
2. Description of Services
AIMpact provides a cloud-based software platform ("Operating System") for performance marketing teams and e-commerce brands. The exact scope of functions depends on the chosen subscription plan and includes:
- Attribution & Performance Analytics: Aggregation and analysis of marketing data across ad networks (including Meta, Google) and e-commerce systems (including Shopify).
- Comment Intelligence: Automated ingestion, sentiment analysis, purchase intent scoring, tagging, and reply drafting for social media ad comments.
- Creative Hub & Brand Brain: Asset organization, automated adset briefing generation, and analysis of historical creative performance.
- AIMq Autonomous AI Agents: AI-powered interactive data analysis, reporting, and proactive monitoring based on live campaign and store metrics.
The provider continuously develops the platform. We reserve the right to adapt, expand, or replace features with equivalent solutions, provided this serves technical progress and does not unreasonably impair the contractual purpose.
3. Registration and User Account
Use of the platform requires prior registration and the creation of an authorized user account. The User agrees to provide complete and accurate information during registration and to keep this information up to date.
Login credentials (in particular passwords) must be kept strictly confidential and protected from unauthorized access by third parties. If the User suspects any unauthorized access or compromise of their account, they must notify the provider immediately via email at info@aimpact.app.
4. Rights of Use and Customer Obligations
The provider grants the User a simple, non-exclusive, non-transferable, and revocable right to use the SaaS platform for the agreed term and strictly within the scope of these Terms.
The User specifically undertakes:
- to use the platform exclusively for lawful commercial purposes;
- not to introduce any malicious code, viruses, worms, or harmful scripts into the infrastructure;
- not to perform any automated harvesting, reverse engineering, decompilation, or unauthorized scraping of the software or API endpoints;
- not to store, process, or disseminate any unlawful, defamatory, infringing, or discriminatory content via the platform.
5. Third-Party Integrations and API Interfaces
AIMpact provides interfaces to external third-party services (e.g., Meta Marketing API, Shopify API, Google Ads / Drive APIs, Slack, ClickUp). The respective terms of use, privacy policies, and API usage conditions of these third-party providers apply to their systems.
The User is solely responsible for ensuring that account authorizations and data processed through these integrations comply with the policies of the respective platform operators and applicable data privacy laws.
6. Use of Artificial Intelligence (AI)
AIMpact integrates generative and analytical machine learning models (primarily Google Gemini). Generated content, analyses, forecasts, and strategic recommendations are produced algorithmically.
The User acknowledges that AI systems operate probabilistically by technical nature, and generated outputs may contain inaccuracies or hallucinated elements. The User remains solely responsible for all business, budgetary, and operational decisions (e.g., ad spend allocation, publishing marketing campaigns, or transmitting customer replies) and must verify AI-generated recommendations for plausibility prior to execution.
We ensure contractually with our enterprise API providers that Customer data submitted to AI models is never used to train or refine foundational machine learning models.
7. Availability and Maintenance
The provider strives to achieve an annual average platform availability of at least 99%, excluding scheduled maintenance windows and events outside our reasonable control (e.g., upstream outages of third-party APIs, infrastructure outages of Vercel or Supabase, force majeure).
Scheduled maintenance is performed outside of core business hours whenever reasonably possible.
8. Limitation of Liability and Warranty
The provider is liable without limitation in cases of intent, gross negligence, injury to life, limb, or health, and under the provisions of the German Product Liability Act (Produkthaftungsgesetz).
In the event of a slightly negligent breach of essential contractual obligations (cardinal duties), the provider's liability is limited to foreseeable, contract-typical damages at the time of contract conclusion. Cardinal duties are obligations whose fulfillment is essential to the proper performance of the contract and on whose compliance the contractual partner may regularly rely.
In all other cases, liability for slight negligence is excluded. The above limitations of liability also apply to the benefit of the provider's legal representatives and vicarious agents.
9. Term and Termination
The contractual term and cancellation periods depend on the selected subscription plan (e.g., monthly or annual billing period).
Subscriptions renew automatically for the duration of the respective billing term unless cancelled prior to the end of the current billing cycle via platform settings or by email to info@aimpact.app.
The right of both parties to extraordinary termination for good cause remains unaffected.
10. Amendments to these Terms
The provider reserves the right to amend these Terms with effect for the future where justified by valid reasons (e.g., changes in applicable law, expansion of features). Notice of amendments will be provided in text form (e.g., by email) at least four weeks prior to their effective date.
If the User does not object to the amended Terms within four weeks of receiving notice, the changes are deemed accepted. The provider will specifically highlight this consequence in the amendment notification.
11. Final Provisions
The laws of the Federal Republic of Germany shall apply exclusively, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be, to the extent permitted by law, the registered office of the provider (Kandern / Lörrach, Germany).
Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.