Terms & Conditions

We are committed to the privacy rights of our users. We promise to be transparent about all aspects of how hartmut.io products and the website work in terms of privacy, terms and conditions and personal data, and we support efforts to ensure your protection online.

Below you will find a collection of information and resources that will help answer any questions you may have about your experience with hartmut.io. We are grateful for your interest and proud to have you as part of our community!

Terms of Use

Last updated: March 22, 2024

Welcome and thank you for your interest in Kraft Fabrik Media Ltd. and our products ("Kraft Fabrik Media", "hartmut.io", "hartmut", "we" or "us") and our website at hartmut.io and our related websites, networks, applications, mobile applications and other services offered by us (collectively, the "Service"). These Terms of Service are a legally binding contract between you and Kraft Fabrik Media Ltd regarding your use of the Service.
Please read the following terms carefully

By clicking "I Accept" or by downloading, installing or otherwise accessing or using the Service, you agree that you have read and understood the following terms and conditions, including Kraft Fabrik Media's Privacy Policy and any additional terms and policies that Kraft Fabrik Media may make available from time to time (collectively, these "Terms"). As a condition of your use of the Service, you agree to be bound by them. If you are not eligible or do not agree to the Terms, then you do not have our permission to use the Service. Your use of the Service and Kraft Fabrik Media's provision of the Service to you constitutes an agreement by Kraft Fabrik Media and you to be bound by these Terms.

Please read hartmut.io's Privacy Policy(https://hartmut.io/en/privacy-policy/) carefully to understand our collection, use, storage and disclosure of your personal information. The hartmut.io Privacy Policy is incorporated into and made a part of these Terms by this reference.

1. Overview of the hartmut.io Service

The service offers a marketing automation tool as well as an integrated social media management tool that allows users to plan and create marketing automation campaigns via email, push notifications, dynamic content on websites and pop-ups as well as SMS. Posts can be shared on social platforms at a specified time, and these posts can be checked for their effectiveness on social media using analysis tools.

2. Eligibility

You must be at least [18] Years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least [18] Years of age; (b) you have not been previously suspended or removed from the Service; and (c) your registration and use of the Service is in compliance with all applicable laws and regulations. If you are a legal entity, organization or company, the person accepting these Terms on your behalf represents and warrants that it has the authority to bind you to these Terms, and references to you herein (and all of your obligations hereunder) refer to that entity and any person using the Service on behalf of that entity.

3. Accounts and registration

In order to access the features of the Service, you must register for an account. When you register for an account, you must provide information about yourself, such as your name, e-mail address and other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be assigned a password, which you should change after the initial login process. You are solely responsible for maintaining the confidentiality of your account and password, and you assume responsibility for all activities that occur under your account. If you believe that your account is no longer secure, you must notify us immediately at office@hartmut.io.

4. General Payment Terms

The features of the Service require you to pay fees when you register for the applicable Service. Before you pay any fees, you will have the opportunity to review and accept the fees charged to you. All fees are in Euros and are non-refundable. Fees vary by plan, with different pricing schemes for individual users and organizations.

4.1 Price

Hartmut.io reserves the right to set the prices for the Service. Hartmut.io will use reasonable efforts to keep the pricing information published on the Website up to date. We recommend that you check our website regularly for up-to-date pricing information. You can find it here: https://hartmut.io/. Hartmut.io may change the fees for any feature of the Service, including any additional fees or charges, if hartmut.io notifies you of changes in advance of them applying. Hartmut.io may, in its sole discretion, make promotional offers with different features and different prices to any hartmut.io customer. These promotional offers, unless directed to you, do not apply to your offer or these Terms.

4.2 Authorization

You authorize hartmut.io to charge all amounts for orders placed by you and any level of service selected by you, as described in these Terms or published by hartmut.io, to the payment method specified in your account. If you pay charges with a credit card, hartmut.io may obtain a pre-authorization of your credit card account prior to purchase to verify that the credit card is valid and has the necessary funds or credit to cover your purchase.

4.3 Subscription Service and Cancellation Policy

The Service may include automatic recurring payments for periodic charges ("Subscription Service"). If you activate a Subscription Service, you authorize hartmut.io to bill you periodically for all accrued amounts until cancellation of either the recurring payments or your account by the due date for the accrued amounts. The "Subscription Billing Date" is the date you purchase your first subscription to the Service. Information about the "Subscription Fee" can be found on our Shop page. Your account will automatically be charged all applicable fees for the next subscription period on the subscription billing date. The Subscription will continue unless and until you cancel your Subscription or we terminate it. You must cancel your subscription before it renews to avoid your account being charged the next periodic subscription fee. We will charge the recurring subscription fee using the payment method you provided to us when you signed up (or a different payment method if you change your payment information). You can cancel the Subscription Service by accessing your account settings at: https://hartmut.io/my-account/ and clicking on the "Cancel Subscription" option or by contacting us at: office@hartmut.io.

4.4 Delinquent accounts

Hartmut.io may suspend or terminate access to the Service for any account for which an amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged any fees or costs incurred in a chargeback or collection of the unpaid amount, including collection fees.

5. Licenses

5.1 License of use

Subject to your full and continuing compliance with these Terms, hartmut.io grants you a limited, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, internal use during the term at the level of the Service for which you have paid all applicable fees.

5.2 Restrictions

Except and only to the extent that such restriction is prohibited by applicable law, you may not: (a) reproduce, distribute, publicly display or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanisms. If you are prohibited from using the Service under applicable law, you may not use the Service. You may not use the Service on behalf of any third party, service bureau or in any similar capacity.

5.3 Feedback

If you choose to provide input and suggestions regarding problems with or proposed changes or improvements to the Service ("Feedback"), you hereby grant hartmut.io an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free license to use the Feedback in any manner and for any purpose, including improving the Service and creating other products and services.

6. Ownership and proprietary rights

The "Managed Mautic Hosting by hartmut.io" service is owned and operated by Kraft Fabrik Media. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, templates, and all other elements of the Service ("Materials") provided by hartmut.io are protected by intellectual property and other laws. All Materials included in the Service are the property of hartmut.io or its third party licensors. Unless expressly authorized by hartmut.io, you may not use the materials. Hartmut.io reserves all rights in the Materials not expressly granted in these Terms.

The Mautic software is open source software under the Apache License Version 2.0. Further information can be found here: https://docs.mautic.org/en/home/license

7. Third party conditions

7.1 Third party services and linked websites

Hartmut.io provides tools through the Service that allow you to import and export information, including User Content, to and from third party services. This includes features that allow you to link your hartmut.io account to an account on a third party social networking service, Facebook or LinkedIn. By using one of these tools, you agree that hartmut.io may transfer this information to and from the relevant third-party service. Third-party services are not under the control of hartmut.io or Kraft Fabrik Media, and hartmut.io is not responsible for the use of your exported information by third-party services. The Service may also contain links to third party websites. Linked websites are not under the control of hartmut.io, and hartmut.io is not responsible for their content.

7.2 Third party software

The Service may contain or incorporate third-party software components that are generally available free of charge under licenses that grant recipients broad rights to copy, modify and distribute such components ("Third-Party Components"). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts or is intended to prevent or restrict you from obtaining Third Party Components under applicable Third Party Licenses or restrict your use of Third Party Components under such Third Party Licenses.

8. User Content

8.1 User Content generally

Certain features of the Service may allow users to upload content to the Service, including social media posts and other content, which may consist of messages, reviews, photos, videos, images, data, text, and other types of works ("User Content"), and to post User Content on the Service. You retain all copyrights and other proprietary rights that you own in the User Content that you post on the Service. Nonetheless, we require specific permission from you to provide the Service.

8.2 Limited license grant to hartmut.io

By providing User Content to or through the Service, you grant hartmut.io a worldwide, non-exclusive, royalty-free, fully paid-up right and license (with the right to sublicense) to host, store, transmit, display, perform, reproduce, modify for display formatting purposes, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or developed in the future.

8.3 Limited license grant to other users

By making User Content available to other users of the Service or available through the Service to other users of the Service, you grant such users a non-exclusive license to access and use such User Content as permitted by these Terms and the functionality of the Service.

8.4 Representations and Warranties of User Content

Hartmut.io disclaims all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content through the Service. By making User Content available through the Service, you affirm, represent and warrant that:

(a) you are the creator and owner of the User Content or have the necessary licenses, rights, consents and permissions to authorize hartmut.io and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by hartmut.io, the Service and these Terms;

b) your User Content and the use of your User Content as contemplated by these Terms does not and will not:
(I) infringe, violate or misappropriate any third party rights, including copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, rights of publicity or other intellectual property or proprietary rights;
(II) slander, defame, libel or violate the privacy, publicity or other property rights of any other person; or
(III) cause hartmut.io to violate any law or regulation; and

c) Your User Content could not be considered offensive, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate by a reasonable person.

d) Your User Content does not and will not contain hateful content, threats of physical harm or harassment

The following serves as a guide to generally illustrate the types of content that fall within the scope of hartmut.io's policies on hateful content, threats of physical harm and harassment, but is not exhaustive. This Section 8.4(d) does not limit any of our other rights or remedies provided herein. For the avoidance of doubt, your User Content may not include User Content, and hartmut.io may remove or refuse to post or promote User Content that violates the terms or policies of any third-party platforms with which hartmut.io's Services integrate or partner.

Hateful content includes:
Any statement, image, photograph, or other content that, in our sole judgment, could reasonably be considered harmful, threatening, demeaning, harassing, intimidating, or abusive to others, including on the basis of race, gender or gender identity, national origin, sexual orientation, religion, or any other basis.

A threat of physical harm includes:
Statements, photos, advertisements, or other content that, in our sole judgment, could reasonably be expected to threaten, advocate, or incite physical harm or violence against others, including references to current or historical figures or groups known to purport such content, such as the Nazi Party, the Ku Klux Klan, Al Qaeda, and the like.

Harassment includes:
The disclosure of an individual's personal information, also known as "doxxing", online stalking and bullying.
Desires for physical harm directed at a person or persons.
Inciting others to do any of the above.

We reserve the right to suspend or terminate accounts and remove individual emails/campaigns/assets that contain hateful content, threats of physical harm or harassment.

We may also suspend or terminate your account if we determine, in our sole discretion, that you do the same:
An organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding principles include statements or principles that could reasonably be perceived as advocating, promoting, or sponsoring hateful content, harassment, or the threat of physical harm.
A person or organization that has acted in a manner that could reasonably be perceived as endorsing, condoning, encouraging, or advocating hateful content, harassment, or threats of physical harm.

Notwithstanding the foregoing, we reserve the right to review, remove, edit or block any User Content that we believe violates the Terms or that we, in our sole discretion, deem otherwise objectionable.

8.5 Disclaimer for User Content

We are under no obligation to edit or monitor any User Content that you or other users post or publish, and are in no way responsible or liable for any User Content. However, Hartmut.io may, at any time and without prior notice, screen, remove, edit or block any User Content that, in our sole judgment, violates these Terms or is otherwise objectionable. You understand that when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive or objectionable. You agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against hartmut.io with respect to User Content. If we are notified by a user or content owner that User Content allegedly does not comply with these Terms, we may investigate the allegation and decide in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For the avoidance of doubt, hartmut.io does not permit copyright infringing activities using the Service.

8.6 Monitoring of content

Hartmut.io does not monitor and has no obligation to monitor:
(I) User Content;
(II) any content provided by third parties; or
(III) the use of the Service by its users.
You acknowledge and agree that hartmut.io reserves the right to, and may from time to time, monitor any information transmitted or received through the Service for operational and other purposes. If at any time hartmut.io chooses to monitor the Content, hartmut.io nonetheless assumes no responsibility or liability for the Content or any loss or damage of any kind incurred as a result of the use of the Content. During monitoring, information may be examined, recorded, copied and used in accordance with our Privacy Policy.

9. Prohibited behavior

By using the Service, you agree NOT to do the following:

• use the Service for any illegal purpose or in violation of any local, state, national or international law;
• infringe or encourage others to infringe the rights of others, including infringing or misappropriating the intellectual property rights of others;
• interfere with security-related features of the Service, including by:
  • Disabling or circumventing features that prevent or restrict the use or copying of content;
  • Reverse engineering or otherwise attempting to discover the source code of any part of the Service, except to the extent the activity is expressly permitted by applicable law; or
  • Hacking, password "mining" or the use of any other unlawful means of interference;
• Modify or create derivatives of any part of the Service;
• interfere with the operation of the Service or a User's use of the Service, including by:
  • Uploading or otherwise distributing viruses, adware, spyware, worms or other malicious code;
  • unsolicited offers or advertisements to another user of the Service;
  • Collecting personal information about another user or third party without consent; or
  • Interfere with or disrupt networks, devices or servers connected to the Service or used to provide the Service;
• engage in fraudulent activity, including impersonating any person or entity, claiming a false affiliation, accessing another account on the Service without authorization, or falsifying your age or date of birth;
• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service, hartmut.io's systems or networks, or any systems or networks connected to the Service or Buffer;
• interfere with any access or Materials (as defined in Section 6) granted under these Terms or any right or ability to view, access, use, sell or otherwise transfer any Materials; or
• attempt to do any of the acts described in this Section 9 or assist or permit any person to do any of the acts described in this Section 9.

10. Modification of these Terms

We reserve the right to change these Terms at any time. Please check these Terms regularly for changes. Changes will become effective upon the earlier of (a) your acceptance of the changed Terms, (b) your use of the Service with actual knowledge of the changed Terms, or (c) thirty (30) days after the Service posts the changed Terms. Except as expressly permitted in this Section 11, these Terms may only be modified by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in effect at the time the dispute arose.

11. Termination, Cancellation and Modification of the Service

11.1 Term

These Terms come into effect when you accept the Terms or download, install, access or use the Service for the first time, and end when they are terminated as described in Section 11.2.

11.2 Termination of the Service

If you violate any provision of these Terms, your authorization to access the Service and these Terms will automatically terminate. In addition, hartmut.io may, in its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time and for any or no reason, with or without notice. You may terminate your account and these Terms at any time as provided in Section 4.3 or by contacting Customer Service at office@hartmut.io.

11.3 Effect of Termination

Upon termination of these Terms: (a) your license rights will terminate and you must immediately stop using the Service; (b) you are no longer authorized to access your account or the Service; (c) you must pay Buffer any unpaid amounts due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 11.3, 13, 14, 15, and 16 will survive termination.

11.4 Modification of the service

hartmut.io reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Hartmut.io shall have no liability for any modification to the Service or any suspension or termination of your access to or use of the Service. Fees for services are non-refundable.

12. Indemnification

You are responsible for your use of the Service and you will indemnify hartmut.io and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Kraft Fabrik Media Entities") from and against any claim made by any third party and from any and all related liabilities, damages, losses and expenses, including reasonable attorneys' fees and costs, arising out of or in connection with the Service: (a) your use or misuse of the Service; (b) your breach of any part of these Terms, any representation, warranty or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or right of publicity, confidentiality, other proprietary or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

13. Disclaimers; No Warranties

The Service and all materials and content available through the Service are provided "as is" and on an "as available" basis. Hartmut.io disclaims all warranties of any kind, express or implied, with respect to the Service and all materials and content available through the Service, including: (a) any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement; and (b) any warranty arising from course of dealing, usage or trade. Hartmut.io does not warrant that the Service or any portion of the Service or any materials or content provided through the Service will be uninterrupted, secure or free of errors, viruses or other harmful components, and Hartmut.io does not warrant that any of these problems will be corrected.

No advice or information, whether oral or written, obtained by you from the Service or Kraft Fabrik Media entities, or any materials or content available through the Service, will create any warranty with respect to the Kraft Fabrik Media entities or the Service other than as expressly set forth in these Terms. We are not responsible for any damages that may result from the Service and your interaction with other users of the Service. You understand and agree that you use any part of the Service at your own discretion and risk and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the Service) or loss of data, including User Content.

However, Hartmut.io does not disclaim any warranty or other rights that Hartmut.io may not disclaim under applicable law.

14. Limitation of liability

To the maximum extent permitted by law, in no event shall the Kraft Fabrik Media entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for lost profits, goodwill or other intangible losses) arising out of or in connection with your access to or use of, or inability to access or use, the Service or any materials or content on the Service, whether based on warranty, contract, tort (including negligence), statute or any other legal theory and whether or not any Kraft Fabrik Media entity has been advised of the possibility of damage.

The Kraft Fabrik Media Entities' legal liability to you for all claims arising out of or relating to the use, or inability to use, any part of the Service or otherwise under these Terms, whether in contract, tort or otherwise, shall be limited to the greater of: (a) the amount you paid as a buffer for access to and use of the Service in the 12 months prior to the event or circumstance giving rise to the claim; or (b) EUR 100.

Any provision of these Terms that provides for a limitation of liability, disclaimer of warranty or exclusion of damages is intended to, and does, allocate the risks between the parties under these Terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations in this section apply even if a limited remedy fails of its essential purpose.

15. General Provisions

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire and exclusive understanding and agreement between you and hartmut.io regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision shall not affect our right to require performance at any other time thereafter, nor shall any waiver by us of any breach or default of these Terms or any provision hereof constitute a waiver of any subsequent breach or default or a waiver of the provision itself. The use of section headings in these Terms is for convenience only and shall not affect the interpretation of any provision. Throughout these Terms, the use of the word "including" means "including, but not limited to". If any part of these Terms is held invalid or unenforceable, the unenforceable part will be given effect to the maximum extent possible and the remaining parts will remain in full force and effect.

15.1 Governing Law

These Terms are governed by the laws of the Republic of Cyprus. You and hartmut.io submit to the personal and exclusive jurisdiction of the state courts of the Republic of Cyprus for the resolution of any disputes or legal proceedings permitted under these Terms.

15.2 Consent to electronic communication

By using the service, you consent to receive certain electronic communications from us as further described in our privacy policy. Please read our privacy policy to learn more about our electronic communication practices. You agree that all notices, agreements, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

15.3 Contact Information

The Service is provided by Kraft Fabrik Media Ltd. located at Kountourioti 6, Coral Elite Residences Building 1, 8560 Peyia, Cyprus. You can contact us by sending correspondence to this address or by emailing us at office@hartmut.io.

15.4 International use

Access to the Service from countries or territories or by persons where such access is illegal is prohibited.