This is a convenience translation; only the German version is legally binding. Read the German version (Allgemeine Geschäftsbedingungen)

Terms and Conditions

General Terms and Conditions of Daniel Schenk, trading as QLYX Media, Goethestr. 10, 15831 Blankenfelde-Mahlow (“Provider”) for the Sendalo software. Last updated: 19.10.2026.

§ 1 Scope

(1) These terms apply to all contracts for the use of Sendalo. The offer is aimed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law (“Customer”). No contracts are concluded with consumers; there is therefore no consumer right of withdrawal. When registering, the Customer confirms that they are acting in the exercise of their commercial or independent professional activity. The Provider may request proof (e.g. VAT ID or trade registration).

(2) Deviating terms of the Customer only apply if the Provider expressly agrees to them in text form. The Acceptable Use Policy and the Data Processing Agreement form part of this contract.

§ 2 Services

(1) Sendalo is web-based software for planning, publishing and analysing social media content, with an inbox, chats (WhatsApp, website chat, direct messages, email inboxes), AI phone, client portal, appointment booking, ad management and AI features. The scope of features depends on the selected plan or booked add-ons and the service description on sendalo.de at the time the contract is concluded. Features marked as “bald” (soon) are not owed.

(2) The Provider makes the software available via the internet. The source code is not provided. The Provider may further develop and change the software insofar as this is reasonable for the Customer and the agreed core functions are retained. The Provider announces significant restrictions of booked features at least four weeks in advance in text form; the Customer may then cancel the affected plan or add-on with effect from the time of the change. § 6(1) remains unaffected.

§ 3 Conclusion of contract, Free plan, add-ons and trial

(1) By submitting the registration, the Customer makes an offer to conclude a contract of use. The contract is concluded when the Customer confirms their email address via the link sent to them and the account is thereby activated; it starts on the free Free plan. Contracts for paid plans, add-ons and credit packs are concluded when the payment process in the application is completed. The language of the contract is German. The applicable terms are available at sendalo.de and can be saved and printed.

(2) The Free plan is free of charge and limited to the scope stated in the service description (currently one brand, two channels, one user, five posts per month, one appointment type, analytics over seven days, no AI features). There is no entitlement to the Free plan continuing unchanged; the Provider announces changes at least four weeks in advance.

(3) Individual paid add-ons can be booked on top of the Free plan. Add-ons are billed per client or brand that uses the add-on (AI phone per phone number); if this number changes, the Provider adjusts the quantity in the subscription and charges or credits pro rata. Add-ons can be cancelled in the application at any time; they then end immediately, and unused time is credited pro rata. Alternatively, a plan can be booked that replaces the add-ons.

(4) Each plan can be tested free of charge for seven days once per Customer. To do so, the Customer adds a payment method; nothing is charged during the trial. If the Customer does not cancel by the end of the trial, the trial automatically turns into a paid subscription to the selected plan at the displayed price and billing interval (monthly or yearly). The Provider sends a reminder by email three days before the trial ends. Cancellation during the trial is possible at any time with one click in the application and takes effect immediately; the account then switches to the Free plan and the data is retained. If a paid subscription ends, the account likewise switches to the Free plan. Another trial with further accounts or with a payment method already used for a trial is excluded; if such a payment method is added, the trial does not apply and the plan is charged from the time of booking.

(5) The Provider deletes accounts on the Free plan that nobody has logged into for twelve months after announcing this by email with 30 days’ notice. Registrations whose email address is not confirmed within seven days are deleted.

(6) For accounts created with a trial period before 18.10.2026, the following applies: the trial period lasts five days; after that the account is read-only until a plan is booked. If no plan is booked, the Provider deletes the account no earlier than 30 days after the end of the trial period and no earlier than seven days after a notice by email.

§ 3a Storage

Sendalo is intended for the short-term exchange of files, not for archiving. A total of 5 GB per account is available for files in the client portal and media library. Files in the client portal are deleted automatically after the period set by the Customer (default 90 days); contracts, invoices and signatures are excluded. The Customer is responsible for backing up files they need for longer.

§ 4 Availability

(1) The Provider aims for availability of 98.5% on a monthly average. Excluded are announced maintenance work and disruptions outside its sphere of influence, in particular outages or changes to the interfaces of social networks and other third-party providers (e.g. AI providers, telephone providers) and disruptions on the internet. (2) Maintenance work is carried out outside normal business hours where possible and announced with reasonable notice. (3) A specific availability with compensation if it is not met (service level agreement) is only owed if individually agreed, for example on the Enterprise plan.

§ 4a Defects

The statutory provisions apply to defects in the software, subject to the following: the Customer reports defects without undue delay in text form with a comprehensible description. The Provider remedies reported defects within a reasonable period, including by updates or a reasonable workaround. The right to reduce the price and to extraordinary termination remains unaffected. Claims for damages are governed by § 12.

§ 5 AI features and credits

(1) AI features use credits. Every paid plan and the AI add-ons “Social & Automationen” (Social & automations) and “KI-Chat” (AI chat) include a monthly quota; the Free plan and the “KI-Telefon” (AI phone) add-on do not include credits. Unused included credits expire at the end of the calendar month. Additionally purchased credits do not expire during the term of the contract and are used after the included credits. The consumption per action is shown in the price overview in the application; increases in consumption per action are deemed a price change under § 8(2).

(2) If the Customer switches on automatic top-up, the Provider purchases a pack of 1,000 credits at the price displayed at the time (currently €10 plus VAT) as soon as fewer than 100 credits are available and charges the stored payment method, at most once per hour. Automatic top-up can be switched off in the application at any time.

(3) What is owed is the provision of the AI features, not a specific result in terms of content. AI results are generated automatically and may be incomplete, incorrect or legally impermissible. The Customer must check suggestions (e.g. post texts, alt texts, reply drafts, reports) before publishing or sending them. For automatic replies that the Customer switches on (auto-replies, chat assistant, AI phone, comment automations), the Customer defines the knowledge, limits and hand-over rules, checks the replies regularly and is responsible for their content. The Provider gives no warranty that AI results are correct, lawful or suitable for a particular purpose.

(4) If no credits are left, only the AI features are paused. Credits cannot be paid out or transferred. Unused credits lapse when the account is deleted. If the contract ends due to ordinary termination by the Provider or for a reason for which the Provider is responsible, the Provider refunds unused purchased credits pro rata.

(5) Customers with their own Claude API key (Enterprise plan) do not use credits; costs and usage are governed by their own contract with Anthropic.

§ 6 Third-party platforms and ads

(1) Sendalo uses the interfaces of Meta (Facebook, Instagram, Threads, WhatsApp), TikTok, Google (YouTube, Business Profile), LinkedIn, Pinterest, Bluesky and X. Their availability, scope, approval and terms are beyond the Provider’s control. If a platform changes or restricts its interface or has not yet approved Sendalo for a feature, the scope of features may change accordingly; the Provider adapts Sendalo within a reasonable time. The overview on sendalo.de shows which feature is available on which platform.

(2) The platforms’ terms apply directly between the Customer and the platform for the use of the platforms. Ads are billed exclusively through the ad account of the Customer or its client. The Provider owes no ad budgets, charges no fees on them and is not liable for the success of campaigns. For each ad, the Customer correctly states who benefits and who pays.

(3) Political advertising within the meaning of Regulation (EU) 2024/900 and ads about elections, referendums and social issues are not permitted via Sendalo.

§ 7 Customer obligations

(1) The Customer is responsible for all content that they or their users create, publish, send or promote via Sendalo. They ensure that they hold the necessary rights to texts, images, videos and trademarks and that advertising is labelled.

(2) The Customer complies with the Acceptable Use Policy and the platforms’ rules, keeps login details secret and informs the Provider without undue delay of any misuse.

(3) If the Customer uses the chat assistant, website chat, AI phone, email inboxes, appointment booking or client portal towards third parties, they inform them about the data processing on their own responsibility (in particular in their privacy policy) and obtain any necessary consent themselves, for example for promotional messages.

(4) The Customer indemnifies the Provider against third-party claims based on unlawful use by the Customer, including reasonable costs of legal defence, insofar as the Customer is responsible for the infringement.

§ 8 Prices and payment

(1) The prices at the time of booking apply, plus statutory VAT. Subscriptions are billed monthly or yearly in advance, credit packs on purchase. The Provider adds additional items (e.g. users above the quota, additional clients on the Pro and Agency plans, phone numbers for the AI phone, add-ons booked with a plan) to the subscription as soon as the Customer sets them up in the application and charges them pro rata at the displayed price. Payment is made via the payment service provider Stripe. Invoices are provided electronically.

(2) The Provider announces price changes at least six weeks before they take effect in text form. For yearly plans, they apply at the earliest from the next renewal. The Customer may cancel the affected contract with effect from the time the change takes effect; the Provider points this out in the announcement.

(3) In the event of late payment, the Provider may block access after an unsuccessful reminder with a reasonable deadline. The obligation to pay remains; data is not deleted during the block.

§ 9 Term and termination

(1) Monthly plans run for an indefinite period and can be cancelled by the Customer at any time with effect from the end of the current billing month. (2) Yearly plans run for twelve months from booking and renew for a further twelve months each time unless the Customer cancels before they expire. (3) The Provider may terminate monthly paid plans and add-ons with three months’ notice to the end of a billing period, yearly plans with the same notice to the end of the term, and the Free plan with four weeks’ notice. (4) The Customer may end the contract as a whole at any time by deleting their account; ongoing subscriptions end immediately, and fees already paid are not refunded. (5) The right to extraordinary termination for good cause remains unaffected. (6) Cancellations can be made in the application or in text form.

§ 10 Data after the end of the contract

(1) If a paid subscription ends, the data is retained on the Free plan. The Customer can export their data in the application at any time. If they delete their account, the Provider deletes the data immediately unless statutory retention obligations apply; backups are overwritten after 30 days at the latest.

(2) If the contract ends in another way (e.g. through termination by the Provider), the Customer can export their data until 30 days after the end of the contract. The Provider then deletes it unless statutory retention obligations apply; backups are overwritten after a further 30 days at the latest.

§ 11 Data protection

Insofar as the Provider processes personal data on behalf of the Customer, the Data Processing Agreement applies, which the Customer agrees to when concluding this contract.

§ 12 Liability

(1) The Provider is liable without limitation for intent and gross negligence, for fraudulent concealment of a defect, for injury to life, body or health, under the Product Liability Act and to the extent of a guarantee given.

(2) In the case of slight negligence, the Provider is only liable for breach of an essential contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely (cardinal obligation). Liability is then limited to the damage typical for the contract and foreseeable at the time the contract was concluded.

(3) On the Free plan, the Provider is only liable for intent and gross negligence, except in the cases of paragraph 1, as it provides this service free of charge.

(4) In the case of slight negligence, the Provider is only liable for loss of data up to the amount of effort that would have been required to restore it from proper backups. Strict liability for initial defects (§ 536a(1), first alternative, BGB) is excluded.

(5) The above limitations also apply to the personal liability of the Provider’s employees, representatives and vicarious agents. Liability under Art. 82 GDPR remains unaffected.

§ 13 Rights of use

For the term of the contract, the Customer receives a simple, non-transferable right to use Sendalo within the scope of their plan. Rights to the Customer’s content remain with the Customer; they grant the Provider only the rights necessary to provide the services.

§ 14 Changes to these terms

The Provider may amend these terms with effect for the future if there is an objective reason for doing so, such as a change in the legal situation, case law or changed platform terms, and the change is reasonable for the Customer. Changes are announced at least six weeks in advance in text form. If the Customer does not object before they take effect, they are deemed accepted; the announcement points out this consequence, the objection period and the right to terminate. In the event of an objection, either party may terminate with effect from the date the changes take effect. Changes to the main services, the prices (§ 8(2) applies to these) or otherwise to the balance between performance and consideration are not possible in this way.

§ 15 Partner programme

The partner programme announced on sendalo.de has not yet launched. Registering interest does not give rise to any claims, in particular not to commissions. Separate terms will apply to participation when it launches.

§ 16 Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from this contract is the Provider’s registered office, provided the Customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany; the Provider may also sue the Customer at the Customer’s registered office. Should individual provisions be invalid, the remainder of the contract remains valid.