1. Introduction and Acceptance

Welcome to Releasebird. These Terms and Conditions govern your use of our web application, services, and platform (collectively referred to as the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Service.

2. Definitions

2.1. Account

An "Account" represents your legal relationship with Releasebird. A "User Account" represents an individual User's authorization to log in to and use the Service and serves as a User's identity on Releasebird.

2.2. Content

"Content" means any text, data, information, images, graphics, logos, photographs, illustrations, audio and video content, and other material that may be viewed by users of the Service.

2.3. Customer Data

"Customer Data" means any data, including all text, sound, video, or image files, and software, that are provided to us by you or on your behalf through your use of the Service.

3. Account Registration and Requirements

3.1. Registration Information

When you register for an account with Releasebird, you must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account.

3.2. Account Security

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use strong passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account.

4. Service Subscription Plans

4.1. Free Trial

We may offer a free trial of our Service. At the end of the trial period, your account will automatically upgrade to the paid service unless you cancel before the trial ends.

4.2. Paid Subscriptions

Some aspects of the Service require payment of fees. All fees are specified on our website and are exclusive of all taxes, levies, or duties imposed by taxing authorities, unless otherwise specified.

4.3. Payment

You will provide us with valid, up-to-date credit card information or other payment method required. If your payment is not successfully settled, we may terminate or suspend your access to the paid services.

5. Customer Data and Content

5.1. Ownership of Customer Data

You retain all rights and ownership of your Customer Data. We do not claim any ownership rights to your Customer Data. However, you grant us a license to use, copy, transmit, store, and back-up your Customer Data to the extent necessary to provide the Service to you.

5.2. Customer Data Security

We will maintain reasonable administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of your Customer Data. However, no method of transmission over the Internet or method of electronic storage is 100% secure.

6. Intellectual Property Rights

6.1. Releasebird's Intellectual Property

The Service and its original content (excluding Customer Data), features, and functionality are and will remain the exclusive property of Releasebird and its licensors. The Service is protected by copyright, trademark, and other laws of both Germany and foreign countries.

6.2. Feedback

If you provide feedback, ideas, or suggestions regarding our Service ("Feedback"), you acknowledge that the Feedback is not confidential and you grant us a worldwide, royalty-free license to use and exploit such Feedback.

7. Prohibited Uses

7.1. General Restrictions

You may not use the Service for any purpose that is illegal or prohibited by these Terms. You may not use the Service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Service.

7.2. User Content Restrictions

You may not post or transmit through the Service any content that is: unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or otherwise objectionable.

8. Termination

8.1. Termination by You

You may terminate your use of the Service at any time by canceling your account through your account settings or by contacting our support team. Upon termination, you will lose access to the Service.

8.2. Termination by Releasebird

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.

9. Limitation of Liability

In no event shall Releasebird, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

10. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

13. Service Level Agreement (SLA)

13.1. Service Availability

Releasebird will use commercially reasonable efforts to make the Service available with an uptime of 99.5% or higher, excluding scheduled maintenance windows. Scheduled maintenance will be performed during off-peak hours and with advance notice whenever possible.

13.2. Support Services

Support services are provided according to the subscription plan purchased by the customer. Free tier users receive community support only, while paid tier customers receive prioritized support with response times varying by subscription level.

14. Data Processing

14.1. Data Processing Agreement

To the extent Releasebird processes personal data on behalf of you as a data controller (as those terms are defined in applicable privacy laws), the terms of our Data Processing Agreement will apply and are incorporated by reference.

14.2. Sub-processors

You acknowledge and agree that Releasebird may engage third-party sub-processors in connection with the provision of the Service. Releasebird will provide a list of sub-processors upon written request and will provide notification of new sub-processors before their use.

15. Export Controls

The Service and derivatives thereof may be subject to export laws and regulations of the European Union and other jurisdictions. You represent that you are not named on any denied-party list and will not permit any user to access or use the Service in a country embargoed by the European Union or the United States or in violation of any export law or regulation.

16. Beta Services

From time to time, Releasebird may invite you to try beta, preview, or other pre-release services. You may accept or decline any such trial in your sole discretion. These services are for evaluation purposes, not for production use, are not considered part of the Services under this agreement, are not supported, and may be subject to additional terms.

17. Service Modifications

Releasebird reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice to you. Releasebird will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service. For significant features, we will provide advance notice when possible.

18. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Releasebird's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Releasebird may assign or transfer these Terms, at its sole discretion, without restriction.

19. Entire Agreement

These Terms constitute the entire agreement between you and Releasebird regarding your use of the Service and supersede all prior and contemporaneous written or oral agreements between you and Releasebird.

20. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

21. Contact Us

If you have any questions about these Terms, please contact us at [email protected].