Terms of Use

LAST UPDATED AND EFFECTIVE: June 9, 2024

This English translation of our terms of use is provided for convenience only. In case of any discrepancies or conflicts between the German and English versions, the German version shall prevail and be binding.

§ 1     Scope of application

These Terms of Use apply to the terms and conditions of use between you (hereinafter also referred to as the “User”) and us, the

DataClue GmbH, represented by the Managing Director Robin Eckardt
Phone: +49 89 9542 864-30
E-Mail: info@ghostwraiter.ai
Register court: Amtsgericht München
Register number: HRB 254034
VAT ID.: DE327793295

Further details can be found in our legal notice

 

for the use of our Ghostwraiter software (hereinafter referred to as “Ghostwraiter”), unless otherwise expressly agreed in writing between you and us. We do not recognize any deviating or conflicting terms and conditions unless we have expressly agreed to them.

 

§ 2     Contractual partner

Our offer is aimed at both entrepreneurs within the meaning of § 14 BGB and consumers within the meaning of § 13 BGB.

For entrepreneurs, we may require that they provide us with sufficient proof of their entrepreneurial status prior to conclusion of the contract, for example by providing their VAT identification number (VAT ID no.) or other suitable evidence. Consumers are requested to indicate this accordingly. The data required for the proof must be provided by you completely and truthfully.

Regardless of your status as an entrepreneur or consumer, we want to offer you an optimal shopping experience and guarantee that our offers and services are tailored to the needs of both customer groups.

 

§ 3     Subject matter of the contract: Provision and performance of the Ghostwraiter software

The Ghostwraiter software (hereinafter referred to as “Ghostwraiter”) uses artificial intelligence (AI) with language models to provide its users with various text generation functions such as text suggestions for possible email responses, summaries or explanations. For example, texts can be formulated on the basis of a selected email text, which can be used as drafts for possible responses to the selected email text. Editing the draft and sending the e-mail is the sole responsibility of the respective user.

The AI composes such an email response, for example, using the email previously uploaded by the respective user from an email correspondence, for example from the Microsoft Outlook program. The AI analyzes this email from the user or that the user has received from a third party and creates the said draft email response based on it.

The texts generated by Ghostwraiter are written by the artificial intelligence (AI) at its own discretion in accordance with Section 315 of the German Civil Code (BGB). All generated texts – whether for use as an email reply or other use – are a suggestion that each user must independently check for content and can change themselves.

The content you upload when using Ghostwraiter may be protected by copyright and data protection laws. In this context, you ensure that the content provided and its use/evaluation in accordance with this contract does not infringe any third-party rights. You grant us the right to make the uploaded content accessible to the AI and, in particular, to reproduce and transmit it for this purpose.

Please note that the use of Ghostwraiter is not a substitute for professional legal, financial or other advice. Users of Ghostwraiter are solely responsible for checking and verifying the accuracy and completeness of any content provided by Ghostwraiter. Ghostwraiter makes no representations or warranties as to the accuracy, completeness or timeliness of any information generated by the AI language models used (such as OpenAI) and shall not be liable for any direct, indirect, incidental or consequential damages arising out of the use of or reliance on any information generated by the AI language models (such as OpenAI).

By using Ghostwraiter, you acknowledge and agree, through a separately requested consent upon first use of our software, that any information generated by the AI language models (such as OpenAI) is provided on an “as is” and “as available” basis, without any warranty or representation of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or non-infringement.

Ghostwraiter is provided as an add-in (e.g. for Microsoft Outlook). Software components from the following providers are used:

  • Amazon Web Services, Inc.
    410 Terry Avenue North
    Seattle
    WA 98109-5210, U.S.A.
    United States
    www.aws.amazon.com
  • Microsoft Azure
    Microsoft Ireland Operations Ltd
    One Microsoft Place
    South County Business Park
    Leopardstown
    Dublin 18
    D18 P521
    Irlanda
    www.azure.microsoft.com
  • Render
    525 Brannan St
    Ste 300
    San Francisco
    California 94107
    United States
    www.render.com

 

 

§ 4      Customer account (registration on our website; processing of personal data)

  1. You can order Ghostwraiter on our website. To do this, you must register as a user. Alternatively, if available, you can also purchase via the Microsoft Store.As a registered user, you do not have to enter your personal data each time, but you can simply log in to your customer account before or during an order with your e-mail address and the password you freely chose when registering. Registration alone does not constitute any obligation to purchase the goods we offer.
  2. You can delete your registration at any time under “My account”. If your personal details change, you are responsible for updating them yourself. All changes can be made online after logging in under “My account”.

 

§ 5     Conclusion of the contract, contract language

  1. The presentation of our AI offer on our website does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum). This means that our products advertised in this way can be requested by submitting an offer to purchase via the online ordering option provided on our website.
  2. By clicking on the “Order with obligation to pay” button in the last step of the order process, you submit a binding offer to purchase the Ghostwraiter software displayed in the order overview. Immediately after sending the order, you will receive an order confirmation, but this does not constitute acceptance of your contractual offer. A contract between you and us is concluded as soon as we accept your order and/or booking by means of a separate e-mail. Please check the SPAM folder of your e-mail inbox regularly. The contract text consists of your order, our terms of use with data protection information and the order confirmation.
  3. You agree to an invoice being sent electronically.
  4. The language provided for the conclusion of the contract is exclusively German. Translations into other languages are for your information only. In the event of contradictions between the German text and the translation, the German text shall take precedence.
  5. All prices stated on our website are total prices including statutory VAT.

 

§ 6     Technical steps up to the conclusion of the contract/ correction of input errors

As part of the ordering process, you first place the desired software licenses in the shopping cart. There you can change the desired quantity at any time or remove selected software licenses completely. If you have placed software licenses there, clicking on the “Next” buttons will take you to a page where you can enter your details and then select the payment method. Finally, an overview page will open where you can check your details. You can correct your input errors (e.g. regarding payment method, dates or the desired quantity) by clicking on “Edit” in the respective field. If you wish to cancel the order process completely, you can also simply close your browser window. Otherwise, after clicking on the confirmation button “Order with obligation to pay”, your declaration becomes binding within the meaning of § 4 para. 2 of these terms of use.

 We reserve the right to refuse or cancel your order at any time for any reason, including, but not limited to, the availability of the Service, errors in the description or price of the Service, errors in your order, or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

As part of the purchase, you may be asked to provide certain information relevant to your purchase. This includes, but is not limited to, your credit card number, your credit card expiration date, PayPal information, your billing address, your email address, your company name, your VAT number, your first and last name, your shipping information and, if registering for a customer account, a password.
You represent and warrant that you have the legal right to use any credit card or other payment method in connection with a purchase; and that the information you provide to us is true, correct and complete. By submitting such information, you authorize us to share this information with third parties to facilitate the processing of purchases. For information on the processing of your data, please read our data privacy policy, which you can access at the following link.
You are obliged to keep the password secret and not to disclose it to third parties, e.g. persons outside your company or persons in your company who are not authorized to represent you.
We reserve the right to refuse or cancel your order at any time for any reason, including, without limitation, the availability of the Service, errors in the description or price of the Service, errors in your order or for any other reason. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

 

§ 7     Storage of the contract text

The contractual provisions with details of the ordered Ghostwraiter software, including these terms of use and the revocation policy, will be sent to you by e-mail upon acceptance of the contract offer or upon notification of this. We do not store the contractual provisions.

 

§ 8     Terms of payment

The purchase price is due immediately upon ordering. Payment for the goods is made by credit card, bank transfer or via our payment service provider.

 

§ 9     Rights of use & license

By concluding the contract, you acquire a user license that entitles you to install the Ghostwraiter software, including the associated cloud services, for your own use for the term of the contract. You therefore do not acquire ownership of the software. By purchasing a license, we grant you the simple, non-exclusive and non-transferable right to use the Ghostwraiter software specified in this contract for the duration of the contract in accordance with the provisions of this contract. The software shall remain our sole property. We have the exclusive right of use to the software and the associated services and only grant you rights of use to the Ghostwraiter software and the associated services to the following extent within the scope of these terms of use:

Within the scope of the rights of use granted to you, you may:

  1. make a copy of the software for archiving purposes or if this is not necessary for the intended use of the software (Section 69d (1) UrhG remains unaffected) and
  2. use the services in accordance with the terms of use defined within these GTC.

Within the scope of the rights of use granted to you, you may not:

  1. sublicense, rent or lease all or any part of the Services; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Services, or create derivative works from the Services;
  2. use the Services in a manner not authorized by this License; or
  3. use the software in a way that contradicts the terms of use defined within these GTC.

Scope of the user license:

The purchased license includes use on up to two customer-owned, rented or leased computers and on two additional customer-owned, rented or leased mobile devices. The prerequisite for this is that only one of the devices is used at the same time. The software may not be transferred to third parties.

 

§ 10 License transfer

A license may be transferred from the original licensee to a third party by informing Ghostwraiter in writing of the transfer. This transfer can only take place once and cannot be continued. With the transfer, all obligations of the original licensee end and are transferred to the new owner. The original licensee must cease using the software immediately.

 

§ 11 Free trial period and refund policy

Ghostwraiter offers a free trial period of 14 days to try out the software and the associated services without obligation. During this test phase, you can use all the functions of the Ghostwraiter software without restriction and thus convince yourself of its suitability for your purposes.

If you decide to make a purchase after the trial period, you will receive a confirmation email containing your invoice once your payment has been received. No refunds are possible after receipt of this e-mail.

During the free trial period, our support team will be available by email to help you with installation and configuration. We recommend that all customers take full advantage of this trial period and test the software thoroughly before making a purchase decision.

In rare cases and only within 30 days of purchase, if technical problems or incompatibilities significantly affect the use of the services, we may issue a refund at our discretion. This refund may be less our processing and bank charges (up to 25% of the purchase price).

Please note that Ghostwraiter is not responsible for lost, late or misdirected mail or email, download delays or other delays in the communication system. If a refund is issued, the license plan for the purchase will be deactivated. We offer a 14-day free trial period so that you can fully test the services before making a purchase decision. This allows you to fully test the services to ensure they are suitable for your purpose and to understand what the service is for. If you purchase the services, you will receive an email with your invoice once your payment has been received. Once you have received this information by email, no refunds will be given. During the free 14-day trial period, our support staff will assist you with installation and configuration via email. We strongly recommend that all customers download, install and test the free version of a service before making a purchase. In rare cases, and only within 30 days of purchase, if the services do not work due to technical difficulties or incompatibilities, we may issue a refund less our order processing and bank fees (up to 25% of the purchase price) at our discretion. Mailbutler is not responsible for lost, late or misdirected mail or email, download delays or other delays in the communication system. If a refund is issued, the license plan for the purchase will be deactivated.

 

§ 12 Utilization

Users undertake not to use the Ghostwraiter software and the associated services:

  1. in a manner that violates any applicable national, federal, state, local or international law or regulation;
  2. for the purpose of exploitation, harm or attempted exploitation or in any other way;
  3. to produce or disseminate demonstrably false information and/or content with the aim of harming others;
  4. to create or disseminate personal information that can be used to harm an individual;
  5. to defame, denigrate or otherwise harass others;
  6. for fully automated decision-making that adversely affects a person’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
  7. for any use that is intended to or has the effect of discriminating against or harming individuals or groups based on their online or offline social behavior or known or predicted personal or character traits;
  8. to exploit vulnerabilities of a particular group of people based on their age, social, physical or mental characteristics in order to distort the behavior of a person belonging to that group in a way that causes or is likely to cause physical or psychological harm to that person or another person;
  9. for any use that has the purpose or effect of discriminating against persons or groups on the basis of legally protected characteristics or categories;
  10. for the provision of medical advice and interpretation of medical results;
  11. for the production or dissemination of information intended for use in the administration of justice, law enforcement, immigration or asylum procedures, such as
  12. e.g. predicting that a person will commit fraud/crime (e.g. through text profiling, drawing causal links between statements made in documents, indiscriminate and arbitrary use). No rights to the results of Ghostwraiter does not claim any rights to the results generated by you through this AI. You may use the results freely, provided that the above terms of use are observed;

 

§ 13 Limitation of use

Users undertake to comply with the following limitations of use of the Ghostwraiter software and the associated services:

  1. Daily request limit: Depending on the price and service package (see the service packages and prices listed at https://www.ghostwraiter.ai/preise/ at the time the contract is concluded), Ghostwraiter, including the associated cloud services, can be used for a certain maximum number of requests per day per user. This restriction is intended to ensure fair use and availability of Ghostwraiter, including the associated cloud services, for all users and to counteract an overload of system resources.
  2. Average character limit of requests: The sum of the characters of all requests of a user within one day may not exceed an average of 1,800 characters (including spaces) per request. This rule is intended to ensure that the overall use of Ghostwraiter, including the associated cloud services, remains within the technical and operational capacities and can be processed efficiently.
  3. Exceeding the usage limits: If the user exceeds the limits defined in points 1 and 2, the provider reserves the right to charge additional fees, to temporarily restrict the use of Ghostwraiter including the associated cloud services or to block access in order to prevent overloading of the services.
  4. Monitoring and enforcement: We reserve the right to monitor the use of Ghostwraiter, including the associated cloud services, to ensure compliance with these usage restrictions. Users agree to cooperate and be transparent with any audits of their usage activities by Ghostwraiter.

The use of Ghostwraiter, including the associated cloud services, is subject to the user’s consent and compliance with these terms and conditions. Violations of the defined usage restrictions may result in the measures described in the points above.

 

§ 14 Contract termination

  1. The contract for the license of use under § 8 is concluded for an indefinite period. The contractual relationship begins with the application and registration by the contractual partner and can be terminated by either party at any time in writing with a notice period of 30 days to the end of a month.
  2. We are entitled to extraordinary termination of the agreement on the use of Ghostwraiter for good cause. For us, good cause exists in particular if the use of Ghostwraiter violates these Terms of Use. If there is reasonable suspicion of an imminent or actual violation of the above terms of use by the user, we are entitled, taking into account the legitimate interests of the user, to interrupt or discontinue the use of Ghostwraiter and to delete illegal content. The same applies in the event of the assertion of not obviously unfounded claims by third parties against us due to the use of Ghostwraiter by the user. If we have to take measures in such a case, we will inform the user of this by e-mail.

 

§ 15 Changes to the GTC or our services

We reserve the right to change our GTC or our services,

  1. if our GTC or our services have to be adapted to the applicable law, in particular in the event of a change in the legal situation, developments in case law or if we have to comply with a court or official decision,
  2. if technical or procedural changes that have no significant impact on you make it necessary to amend the GTC or our services
  3. if we offer new or additional services that must be included in the GTC and this does not entail any disadvantages for the existing contractual relationship with you, or
  4. if the changes to our GTC or our services are only legally advantageous for you.

You will be notified of any changes in writing by e-mail. If you do not object to this change within six (6) weeks of receipt of the notification, the changes shall be deemed to have been accepted by you. You will be informed separately of your right to object and the legal consequences of remaining silent.

Your rights regarding the termination of the contractual relationship with us remain unaffected.

 

§ 16 Liability

  1. Users are responsible for the results they generate with Ghostwraiter and their subsequent use.
  2. We are liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which you as the customer may regularly rely. In the latter case, however, we shall only be liable for the foreseeable damage typical of the contract. The same applies to breaches of duty by our vicarious agents. The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.

 

§ 17 Data protection

  1. Insofar as users process personal data from their e-mails with Ghostwraiter, we will not process or store this data beyond this.
    As with any technology that processes personal data, the use of Ghostwraiter and the AI language models used therein (such as OpenAI) may imply compliance with applicable data protection laws, such as the GDPR. Ghostwraiter is committed to protecting the privacy and security of its users’ data and will take appropriate measures to ensure compliance with applicable laws and regulations.
  2. Consent:
    • Users represent and warrant that they have all necessary rights to allow us to process all data, such as personal data, from the user’s email client and/or email program in order to provide the Ghostwraiter functions.
    • We will process all data in accordance with our Privacy Policy. You further represent and warrant that your use of Social Profiles and our provision of the Feature will not violate the terms of any privacy policy, agreement or applicable law.
  3. Further information on the processing of personal data can be found in our privacy policy.

 

§ 18 Place of jurisdiction; online dispute resolution and alternative dispute resolution; law; severability clause

  1. If you had your domicile or habitual residence in Germany when the contract was concluded and have either moved out of Germany at the time the action is brought by us or your domicile or habitual residence is unknown at this time, the place of jurisdiction for all disputes is the registered office of our company in Grünwald or Munich.
    If you as a contractual partner/user are a merchant, a legal entity under public law or a special fund under public law, the place of performance and exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our registered office.
  2. The European Commission provides a platform for online dispute resolution (ODR) at http://ec.europa.eu/consumers/odr/. Our e-mail address is: info@ghostwraiter.ai
    We are not obliged or willing to participate in a dispute resolution procedure in accordance with the German Consumer Dispute Resolution Act (VSBG).
  3. Amendments or additions to these terms and conditions must be made in writing.
  4. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  5. Should individual provisions of this contract be invalid, this shall not affect the remainder of the contract.

§ 19    Prices

The prices listed at https://www.ghostwraiter.ai/en/pricing/ at the time the contract is concluded shall apply.

Ghostwraiter reserves the right to change its price list and introduce new fees at any time after notifying you, which may be done by email or published on the website at least 30 days before the change takes effect.

  1. Subscription definition: A subscription is a recurring payment model in which you as a user pay a license fee on a regular basis (monthly or annually) in order to use the Ghostwraiter software and the associated services. Subscriptions are available in various models, which may differ in terms of functionality and price. The subscriptions and prices listed at https://www.ghostwraiter.ai/en/pricing/ at the time the contract is concluded apply.
  2. The license fee to be paid will be invoiced to you monthly or annually in advance, depending on the subscription you have selected.
  3. You can cancel your subscription at any time, see § 13 para. 1 of these GTC. However, any fees already paid in advance will not be refunded. Your booked service will then continue until the end of the billing period.

§ 20    Upgrades

Upgrade versions of the software are announced in the service. Upgrades may contain additional features and/or bug fixes compared to previous releases. New software versions of Ghostwraiter for Outlook will be compatible with the latest Outlook version.

Please note that although we strive to ensure compatibility of Ghostwraiter with a wide range of operating systems, we cannot guarantee full functionality after updating your operating system to a new version. Incompatibility issues resulting from such updates are not a valid reason for a refund. We strongly recommend that you regularly consult our announcements on the Ghostwraiter website and visit our support center for the latest compatibility information before performing operating system updates. Staying informed about our updates will help ensure a seamless experience with Ghostwraiter’s services.

 

§ 21 Data usage

You represent and warrant that you will not use the Data for cookie tracking, advertising exchanges, data brokering, or sending electronic communications (including emails) that would violate applicable law.

 

§ 22    Support

Support is available online via the Ghostwraiter website and by email. We guarantee that we will respond to the best of our ability and as soon as reasonably possible to all reasonable requests from users on a paid plan. We will, where possible, also respond to all reasonable requests from free plan users, but priority will be given to paid plan users.

 

 

REVOCATION POLICY

Right of withdrawal

  1. If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. a natural person who places an order for a purpose that cannot be predominantly attributed to their commercial or independent professional activity, you have a right of withdrawal in accordance with the statutory provisions.
  2. In this case, you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.
  3. To exercise the right to cancel, you must inform us, DataClue GmbH, Bavariafilmplatz 8, 82031 Grünwald, phone: +49 89 9542 864-30, e-mail: info@ghostwraiter.ai of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the following sample withdrawal form, but this is not mandatory:
    If you wish to cancel the contract, please fill out this form and send it back to us:
    To DataClue GmbH
    Bavariafilmplatz 8
    82031 Grünwald
    info@ghostwraiter.ai
    Withdrawal I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (detailed description, so that it can be clearly determined to which goods the revocation relates), the provision of the following services (detailed description, so that it can be clearly determined to which goods the revocation relates)
    Ordered on / received on ordered on: (*). . . . ./received on (*)….. ;
    Name and address Name of the consumer(s); Address of the consumer(s); Signature of the consumer(s); (only in case of notification on paper);
    Date Date
    (*) Delete as appropriate
  4. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
  5. If you have requested that the use of Ghostwraiter should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the usage option already provided by the time you inform us of the exercise of your right of withdrawal with regard to this contract compared to the total scope of the usage option provided for in the contract.