Terms of use

This English version is provided for information only. The German version is legally binding.

1. Scope, provider and definitions

(1) These terms of use govern the use of Taktify, software with which organizations plan, approve and publish social media posts together. The provider is NODEWORK ("NODEWORK" or "we"). The full provider details are in the imprint.

Nodework by Justin Ritter
Ammergaustraße 167
26123 Oldenburg
Deutschland

(2) Taktify comes in two forms with different rules:

• Self-hosting: you download the open source software and run it yourself, on your own infrastructure or with a provider of your choice. NODEWORK does not run that instance and owes no services. Sections 1, 2 and 22 apply.

• Hosted: NODEWORK runs Taktify for you as software as a service for a fee in one of the Starter, Team, Organization or Federation plans, including the free trial. Section 1 and sections 3 to 22 apply.

(3) "Customer" means whoever concludes a contract for hosted with NODEWORK. "Users" are all persons to whom the customer gives access to Taktify or to its organizations. "Content" means all texts, images, videos, comments, calendar entries and other data that the customer or its users put into Taktify, create with Taktify or publish through Taktify.

(4) The customer's general terms and conditions do not apply, even if NODEWORK does not expressly object to them or performs while aware of them. Individual agreements in text form, in particular a quote, a service level agreement (SLA) and the data processing agreement, take precedence over these terms.

2. Self-hosting

(1) The Taktify software is provided free of charge under the MIT license. Use, modification and distribution of the source code are governed solely by the MIT license in the version included with the respective release. Downloading, installing or running the software does not create any contract for operation, maintenance, updates, security fixes, support or availability.

(2) Whoever runs Taktify themselves (operator) is solely responsible for:

• installing, configuring, running, monitoring and securing the instance, the server, the reverse proxy, the database and all credentials and keys;

• applying updates and security fixes promptly;

• regular, complete backups of the database, media files and data protection keys, and checking that these backups can be restored;

• setting up their own developer apps and API access with Meta, TikTok, identity and AI providers, and complying with their terms;

• complying with data protection law as controller and with all other legal obligations connected with running the instance;

• all content stored on the instance or published through it.

(3) NODEWORK neither runs nor monitors self-hosted instances and is neither controller nor processor of the data processed there.

(4) Help from the community, for example in the repository, is voluntary and non-binding. There is no right to an answer, to response times or to bug fixes. Paid support, setup or operation by NODEWORK require a separate agreement in text form.

(5) The software is provided without any warranty, as is. NODEWORK's liability in connection with self-hosting is excluded, in particular for defects of the software, data loss, security incidents, outages, faulty or missing publications and consequential damage. This exclusion does not apply in cases of intent and gross negligence, fraudulently concealed defects, injury to life, body or health, and mandatory statutory liability, in particular under the German Product Liability Act.

(6) The MIT license covers the source code, not the name Taktify and the Taktify logo. Operators may state that their instance is based on Taktify. They may not give the impression that their instance or a modified version of the software is run, reviewed or endorsed by NODEWORK.

3. Contracting parties, conclusion of contract and trial

(1) Hosted is offered exclusively to businesses within the meaning of section 14 of the German Civil Code (BGB), legal entities under private and public law, associations, federations and public bodies that use Taktify for their professional, commercial or organizational purposes. NODEWORK does not conclude contracts with consumers within the meaning of section 13 BGB. Whoever concludes a contract or creates an account for an organization confirms that they are authorized to do so.

(2) Information on the website is not a binding offer. The contract is concluded as soon as the customer accepts a quote from NODEWORK in text form, NODEWORK confirms an order in text form or NODEWORK activates access to the paid plan, whichever comes first. Plan, limits for organizations, channels and users, term and fees follow from the quote or the confirmation.

(3) All paid plans can be tried free of charge for 14 days.

(4) The trial ends automatically without any payment obligation. Whoever wants to keep using Taktify afterwards concludes a contract for a paid plan. Without such a contract, NODEWORK deletes the trial data 30 days after the trial ends. NODEWORK may end or restrict the trial at any time. No response times under section 6 apply during the trial, and NODEWORK is liable only under section 16 (5).

4. NODEWORK's services

(1) During the term, NODEWORK provides Taktify in the agreed plan over the internet for use in the browser. NODEWORK owes the functionality of the current version that the product description shows as available at the time the contract is concluded. Features described on the roadmap or elsewhere as planned or in progress are not owed.

(2) NODEWORK runs hosted in data centers in the European Union and may use subcontractors for this. The data processing agreement applies to subcontractors that process personal data.

(3) For the term, the customer receives the simple, non-transferable and non-sublicensable right to use Taktify within its plan for its organizations and to give its users access. Agencies may give their own clients access as users within the plan limits. Reselling hosted as a service of one's own requires a separate agreement.

(4) In particular, NODEWORK does not owe:

• the success, reach or effect of posts;

• publication at a time accurate to the minute;

• a legal or editorial review of content;

• the availability and functioning of third-party services under section 11;

• connections to the customer's systems that the product description does not provide for;

• consulting, training and content creation, unless agreed separately.

5. Availability and maintenance

(1) NODEWORK endeavours to provide hosted with as few interruptions as possible. A specific availability and uninterrupted or error-free operation are not owed and not guaranteed. This only differs where an SLA in text form expressly commits to an availability. Availability figures in product descriptions or status messages are neither an agreed quality nor a guarantee.

(2) NODEWORK may maintain and update hosted and apply security fixes. NODEWORK announces planned maintenance that noticeably restricts use in advance where possible and schedules it outside the support hours under section 6 where possible. Urgent security maintenance may take place without notice.

(3) Restrictions whose cause lies outside NODEWORK's sphere of influence are not a breach of duty. These include in particular disruptions of the internet and of the customer's network, disruptions at data center, network and DNS operators, outages and changes of third-party services under section 11, attacks on the infrastructure despite reasonable protective measures, official orders and force majeure.

(4) Scheduled posts can be delayed or fail, for example because of platform API limits, expired authorizations, maintenance or disruptions. NODEWORK does not owe publication at a specific time. The customer checks time-critical posts itself.

6. Support and response times

(1) Support for hosted is provided by email to the support address named in the quote or the confirmation. Support covers questions about using the service and reports of disruptions and errors of the service. Training, consulting, setting up accounts with third parties and troubleshooting the customer's systems are not included; NODEWORK may provide them for a fee under a separate agreement.

(2) Support hours are Monday to Friday from 9 am to 5 pm German time, except nationwide public holidays, public holidays at NODEWORK's registered office, and 24 and 31 December. A working day in this section is a day with support hours.

(3) The response time is the time from receipt of a support request to NODEWORK's first qualified reply. It is not a resolution time. It runs only during support hours; requests received outside support hours count as received at the start of the next support hours.

(4) A request is critical if hosted is entirely unreachable or unusable for the customer. All other requests are normal. NODEWORK aims for the following response times:

• Starter and Team: critical within 8 support hours, normal within 3 working days.

• Organization (priority support): critical within 4 support hours, normal within 1 working day.

• Federation: as agreed in the SLA, without an SLA as for Organization.

• Trial: no response time, replies as capacity allows.

(5) The response times are targets. Exceeding them is not a defect and gives rise neither to a reduction of fees nor to damages nor to a contractual penalty, unless an SLA provides otherwise.

(6) The customer describes disruptions as precisely as possible, in particular the affected organization, the time, steps to reproduce and error messages, and names a reachable contact person.

7. Backups and data export

(1) The customer is responsible for backing up its content and data, for hosted just as for self-hosting. Taktify provides an export function for this. The customer exports its data regularly, at intervals that match the importance of the data, and additionally before significant changes such as deleting organizations or the end of the contract. The customer keeps the exports outside Taktify and checks whether they are complete for its purposes.

(2) Where the plan includes managed backups, NODEWORK creates backups in order to restore overall operation after technical disruptions. These backups do not replace the customer's backups under paragraph 1. There is no right to restoration of individual content, individual organizations or a specific data state, nor any commitment that backups are complete or restorable. A restoration at the customer's request takes place only where technically possible, at NODEWORK's discretion and for a fee based on effort.

(3) Content that the customer or its users delete in Taktify is deleted permanently.

(4) In case of data loss, NODEWORK is liable, subject to section 16 (1), only for the effort that would have been needed for restoration had the customer backed up its data under paragraph 1.

8. Customer obligations

(1) The customer

• keeps credentials secret, uses secure passwords and informs NODEWORK without delay if it suspects misuse of its access;

• assigns roles and permissions of its users itself, ensures that its users comply with these terms and is responsible for their actions as for its own;

• keeps its contact and billing data up to date;

• complies with the terms of the connected platforms and third-party services;

• reports defects without delay in text form.

(2) The customer must not misuse hosted. In particular, it is prohibited to:

• put in or publish illegal content under section 9;

• upload or spread malware;

• circumvent access restrictions, security measures or plan limits;

• run load or penetration tests or automated mass requests without NODEWORK's prior consent in text form;

• send spam, create reach or interactions artificially or manipulate platforms in other ways;

• use hosted in a way that impairs operation for other customers.

9. Content and responsibility

(1) The customer and its users are solely responsible for content. This includes in particular the lawfulness and accuracy of content, the necessary rights to texts, images, videos, music and trademarks, the consent of persons shown, the labelling of advertising and AI-generated content where required by law, compliance with platform rules and the data protection of persons named in content. This also applies to content shared, approved or republished within the customer's organization structure.

(2) NODEWORK stores content on behalf of the customer, does not review it, does not adopt it as its own and is not liable for it. NODEWORK is not obliged to monitor content or to search for infringements.

(3) Approval workflows in Taktify are an organizational aid for the customer. An approval in Taktify does not replace a legal review.

(4) For the term, the customer grants NODEWORK the simple right to store, process, technically adapt (for example convert formats or create previews) and transmit content to the connected platforms, as far as necessary to provide hosted. All other rights remain with the customer.

10. Reporting illegal content and moderation

(1) The single point of contact for authorities, the European Commission and users under Art. 11 and 12 of Regulation (EU) 2022/2065 (Digital Services Act, DSA) is the email address named in the imprint. Communication is possible in German and English.

Email: contact@nodework.de

(2) Anyone can report content in hosted that they consider illegal to this address. The report should contain: an explanation of why the content is illegal, as exact an indication as possible of where the content is located, the name and email address of the reporting person (except for reports of offences under Art. 3 to 7 of Directive 2011/93/EU) and a statement that the information is accurate and complete to the best of their knowledge. NODEWORK confirms receipt and communicates its decision.

(3) NODEWORK reviews reports promptly, diligently and objectively, without automated decisions. NODEWORK restricts content or access only if content is illegal or violates section 8 or 9, and chooses the mildest effective measure, taking into account the legitimate interests of everyone involved. Possible measures are blocking or removing individual content, blocking user accounts and suspension under section 12.

(4) Affected customers receive a statement of reasons under Art. 17 DSA, unless the law provides otherwise. They can object to the decision by email to the point of contact; legal remedies remain open. If NODEWORK becomes aware of content indicating a criminal offence involving a threat to the life or safety of persons, NODEWORK informs the competent authorities under Art. 18 DSA.

11. Third-party services

(1) Taktify connects to third-party services, in particular Instagram (Meta), TikTok, OIDC identity providers and the AI providers the customer chooses. Their use is governed solely by the contracts between the customer and the respective third party. The customer concludes these contracts itself and complies with their terms.

(2) NODEWORK has no influence on the availability, interfaces, terms, review processes, usage limits and blocking decisions of these services. If a third party changes its interface or terms, this can restrict or end features of Taktify. This is not a defect of hosted. NODEWORK endeavours to adapt, but owes no replacement. If an essential feature of the booked plan ceases permanently as a result, the customer may terminate the contract with immediate effect; NODEWORK refunds fees paid in advance for the time afterwards on a pro rata basis.

(3) NODEWORK is not liable for blocks, restrictions or loss of reach of the customer's accounts on platforms.

(4) AI features run on the customer's key and the customer's contract with its AI provider. Taktify transmits prompts and content to that provider for this purpose. Costs and data protection in relation to the AI provider are the customer's matter. AI results can be wrong, incomplete or infringing; the customer checks every result before use. NODEWORK is not liable for AI results.

12. Suspension

(1) NODEWORK may temporarily suspend access of the customer or of individual users in whole or in part if

• there are concrete indications of illegal content or a significant breach of these terms;

• the access poses a security risk to hosted or other customers, for example through a compromised account;

• the customer is in default with a due payment despite a reminder with a deadline of at least 14 days;

• a court or official order requires it.

(2) NODEWORK chooses the mildest effective measure, informs the customer without delay and lifts the suspension as soon as the reason no longer applies. If the customer is responsible for the suspension, the obligation to pay remains.

13. Fees and payment

(1) Fees follow from the quote or the confirmation. All prices are in euros, net plus statutory VAT.

(2) Fees are payable in advance for the respective billing period (month or year). NODEWORK issues invoices electronically by email. Invoices are due without deduction within 14 days of receipt. In case of late payment, the statutory rules apply.

(3) The customer may only set off undisputed claims or claims established by a final court decision. It has a right of retention only from the same contractual relationship.

(4) NODEWORK may change prices with effect from the start of a new billing period and announces this at least six weeks in advance in text form. The customer may terminate the contract as of the date the price change takes effect. Billing periods paid in advance are not affected.

(5) A change to a larger plan takes effect immediately and is charged pro rata. A change to a smaller plan takes effect at the end of the current billing period, provided usage is then within the limits of the smaller plan.

14. Term, termination and end of contract

(1) Contracts with monthly billing run for an indefinite period. The customer may terminate them at the end of each billing month, NODEWORK with one month's notice to the end of a month.

(2) Contracts with annual billing run for twelve months and renew for a further twelve months each time unless either party terminates with one month's notice to the end of the term.

(3) The right to terminate for good cause remains unaffected. Good cause for NODEWORK exists in particular if the customer is in default with an amount equal to two monthly fees or, despite a warning, repeatedly or seriously violates section 8 or 9.

(4) Terminations require text form; an email is sufficient.

(5) Access ends when the contract ends. The customer exports its data before the end of the contract. NODEWORK keeps the data for 30 days after the end of the contract; within this period NODEWORK provides temporary export access on request in text form. NODEWORK then deletes the data, unless statutory retention obligations prevent this. Copies in backups are overwritten in the regular rotation cycle.

15. Defects

(1) NODEWORK remedies defects of hosted within a reasonable period, at its choice by correction, update or a reasonable workaround. An insignificant reduction in suitability is not a defect.

(2) In particular, restrictions under section 5 (3) and section 11, consequences of use contrary to these terms or the product description, and problems caused by the customer's browsers, devices or networks are not defects.

(3) NODEWORK's no-fault liability for defects that already existed when the contract was concluded (section 536a (1) first alternative BGB) is excluded.

(4) The customer asserts a reduction of fees by reclaiming overpaid fees, not by reducing ongoing payments. Termination for failure to grant use is only permitted once NODEWORK has had sufficient opportunity to remedy the defect and has failed.

16. Liability

(1) NODEWORK has unlimited liability for intent and gross negligence, for injury to life, body or health, for fraudulently concealed defects, to the extent of an expressly assumed guarantee and in cases of mandatory statutory liability, in particular under the German Product Liability Act.

(2) In case of slight negligence, NODEWORK is liable only for breach of an essential contractual obligation. Essential obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the customer may regularly rely. In this case, liability is limited to the damage that was foreseeable and typical for the contract when it was concluded. Otherwise, liability for slight negligence is excluded.

(3) Liability under paragraph 2 is additionally limited, per damage event and for all damage events in a contract year in total, to the fees the customer paid in the twelve months before the event causing the damage.

(4) For data loss, section 7 (4) applies in addition.

(5) During the free trial, NODEWORK is liable only in the cases of paragraph 1.

(6) Claims under paragraph 2 become time-barred one year after the statutory limitation period begins.

(7) The limitations of liability also apply to the personal liability of NODEWORK's legal representatives, employees and vicarious agents. These provisions do not change the burden of proof to the customer's disadvantage.

17. Indemnification

(1) The customer indemnifies NODEWORK against all third-party claims, including those of authorities and platform operators, that are based on content of the customer or its users or on use of hosted contrary to the law or these terms, to the extent the customer is responsible for this. The indemnification includes the reasonable costs of legal defence in the amount of the statutory fees.

(2) NODEWORK informs the customer about such claims without delay, gives it the opportunity to comment and does not acknowledge claims without its consent.

18. Data protection and data processing

(1) Where NODEWORK processes personal data in hosted on behalf of the customer, NODEWORK is processor and the customer is controller within the meaning of the GDPR. The parties conclude a data processing agreement under Art. 28 GDPR for this, which forms part of the contract and sets out the technical and organizational measures.

(2) The customer is responsible for processing and publishing personal data lawfully in Taktify, in particular for legal bases, consents and informing the data subjects.

(3) NODEWORK is itself controller for the data of the customer's contact persons that it processes for contract handling and billing. Details are in the privacy policy.

19. Confidentiality

The parties treat confidential information of the other party that they receive under the contract as confidential during the term and for three years thereafter. This does not apply to information that is public, was already known to the receiving party or must be disclosed due to a legal or official obligation. NODEWORK names the customer as a reference only with its consent.

20. Changes to the service

(1) NODEWORK may develop hosted further and change, replace or remove features, provided the contractual core functions (planning, approving and publishing on the platforms included in the plan) remain essentially intact and the change is reasonable for the customer.

(2) NODEWORK announces significant restrictions at least six weeks in advance in text form. The customer may then terminate the contract as of the date of the change. NODEWORK may implement changes required for legal or security reasons or because of changes by third parties under section 11 without a notice period.

21. Changes to these terms

(1) NODEWORK may change these terms for objective reasons, for example due to changes in law or case law, new features or to close gaps. NODEWORK does not use this to change main obligations, in particular fees and scope of services, to the customer's disadvantage.

(2) NODEWORK communicates changes in text form at least six weeks before they take effect. If the customer does not object in text form before they take effect, the changes are deemed accepted; NODEWORK points out this consequence in the notice. If the customer objects, the previous terms continue to apply and NODEWORK may terminate the contract with ordinary notice.

22. Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers who run Taktify themselves, this choice of law applies only to the extent that it does not deprive them of the protection of mandatory provisions of the country of their habitual residence.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is NODEWORK's registered office. NODEWORK may also sue the customer at its general place of jurisdiction.

(3) Declarations under these terms require text form unless provided otherwise. The customer may transfer rights under the contract only with NODEWORK's consent; section 354a of the German Commercial Code (HGB) remains unaffected.

(4) The German version of these terms is binding. The English version is for information only.

(5) If a provision is invalid, the remaining provisions remain valid. The statutory provision takes the place of the invalid provision.