Terms & Conditions
Operator: vailble gmbh · Last updated: October 2026
This is a courtesy translation. The German version is legally binding.
1. Scope and Provider
These terms apply to all contracts between vailble gmbh, Ludwig-Lassl-Strasse 2, 6112 Wattens, Austria, FN 625878i, e-mail office@vailble.com (“vailble”, “we”) and users of the SaaS platform VAILUP, for consumers and businesses unless distinguished. Mandatory consumer rights (in particular KSchG, FAGG, VGG) always remain unaffected. Deviating user terms apply only with our express written consent.
2. Conclusion of Contract
The website is not a binding offer. Registration concludes a contract for the free trial. Clicking “Confirm & activate” (plan) or “Buy credits” is the user's offer; the contract is concluded when we activate or credit it. The contract language is German; this translation is for information only.
3. Services
VAILUP is an AI marketing platform to create, plan, publish and analyse marketing content, ad plans, landing pages, newsletters and leads. The scope per plan (brands, monthly credits, campaigns, features) is shown on the pricing page at the time of order. We may adapt features where reasonable for the user and without degrading essential contractual services.
4. Prices, Billing, Payment
Prices shown at the time of order apply; for consumers incl. VAT, for businesses plus VAT where applicable. Yearly billing costs ten times the monthly price (about 17% saving). Payment is in advance per billing period. Payments for subscriptions and credits are processed by our payment provider Stripe (Stripe Payments Europe Ltd., Dublin, Ireland), where subscriptions, prices, taxes and invoices are set up. You enter payment details (e.g. card or account data) directly with Stripe; we do not receive them. Subscriptions are charged automatically per billing period using the stored payment method; invoices are available in Settings → Billing. In case of late payment we may restrict paid features after a reminder with a reasonable deadline.
5. Credits
AI features use credits (currently: text 0.5, image 1, video 3 (Full HD 4) credits per result; campaigns included in the plan). VAILUP shows the cost and available balance before every paid AI action. Credits are deducted only after successful generation; reserved credits are released on failure. Monthly plan credits apply to the billing period. Extra purchased credits (1 credit = €0.50) do not expire and are used after monthly credits; they lapse when the account is deleted. Credits are non-transferable and not exchangeable for cash; statutory refund rights (e.g. after withdrawal or termination by us) remain unaffected.
6. Trial
New users get a free 7-day trial. It ends automatically; a paid subscription only arises if the user actively orders a plan.
7. Term, Renewal, Cancellation
Subscriptions run monthly or yearly and renew automatically for the same period unless cancelled before the end of the current period. Cancel anytime in Settings → Billing or by e-mail to office@vailble.com, effective at the end of the paid period. For yearly consumer contracts we remind you of the renewal and your right to cancel in good time (§ 6(1)(2) KSchG). Termination for good cause remains unaffected.
8. Consumer Right of Withdrawal (FAGG)
Consent at every purchase: with each purchase (plan or credits) you expressly agree that we provide the digital service immediately, i.e. before the 14-day withdrawal period ends. You acknowledge that your right of withdrawal expires once the service has been fully performed (§ 18(1)(1) FAGG). We log the time, content and version of your consent together with the purchase in your account. Digital content: expiry under § 18(1)(11) FAGG applies only to digital content not on a physical medium, with your prior express consent, acknowledgment and confirmation on a durable medium. VAILUP does not rely on this exception; subscriptions and credits are services. Businesses have no statutory right of withdrawal under FAGG.
9. Connected Platforms (Social, Ads, Storage, Leads)
Users can connect third-party platforms, in particular Meta (Facebook, Instagram, Threads, Meta Ads, Meta Lead Ads), LinkedIn (profiles, company pages, ads, leads), TikTok and TikTok Ads, Snapchat and Snapchat Ads, Pinterest, Google (Drive, YouTube, Google Ads incl. YouTube ads, Business Profile), OpenAI ChatGPT, Shopify (products, collections, discount codes, online store pages). – ChatGPT app (OpenAI): users may voluntarily connect VAILUP to OpenAI's ChatGPT (sign-in with the VAILUP account, OAuth). ChatGPT can then read the user's data within existing team and brand permissions and create content (posts, newsletters, Brand Brain notes, images) as drafts only. Nothing is published, sent, purchased or billed through ChatGPT. OpenAI's terms and privacy policy additionally apply to the use of ChatGPT; OpenAI is independently responsible for it. Section 12 applies to content generated by ChatGPT. The connection can be removed in ChatGPT at any time. – Shopify: VAILUP reads product and shop data only to create marketing content. Write changes (a product's SEO title and meta description, unpublished page drafts) happen only after the user's explicit confirmation; prices, inventory, orders and customer data are never changed. Users remain responsible for the accuracy of imported shop content. – Users must comply with each platform's terms, advertising and community policies (e.g. YouTube Terms of Service, Google Ads policies) and be authorised to use the connected accounts, Pages, channels, files and ad accounts. – We connect only at the user's request and use only granted permissions. Google Drive import only copies files the user selects into their media library; Drive contents are never changed. Users can disconnect at any time. – Ad campaigns are created paused or as drafts and only run after the user explicitly activates them. Ad spend is billed directly by the platform to the user. – Platforms may change or withdraw features, APIs, approvals and permissions at any time. We therefore do not guarantee publication, ad approval, reach, leads or availability of metrics, and are not liable for rejection, suspension or removal by platforms unless caused by us. – Posts are only published after the user approves or schedules them.
10. Ad Campaigns and Ad Spend
VAILUP creates ad plans. Campaigns and ads sent to Meta are created paused; activation is done by the user at the platform. Ad spend, media costs and their billing are solely between user and platform and not included in VAILUP prices. The user is responsible for budget, schedule, targeting, Digital Services Act disclosures (beneficiary/payer), special ad categories and lawfulness of the ads.
11. Leads, Contacts, Newsletters
Leads from VailPage forms and Meta Lead Ads and imported contacts are processed by us as the user's processor (DPA at /dpa). The user is responsible for legal basis, consents (e.g. newsletters, § 174 TKG 2021), information duties towards contacts and pixels/tracking on their pages. Spam and bulk mailing without consent are prohibited.
12. AI-Generated Content
AI results are generated automatically, may be wrong, inaccurate or affect third-party rights, and are not unique. Users review them before use and publication. To the extent permitted by law we give no warranty for accuracy, rights clearance or suitability of AI results. Users only input content they are entitled to process.
13. User Obligations
Users do not create or distribute unlawful, misleading, discriminatory or infringing content, keep credentials secret, manage team access carefully, do not circumvent technical limits and do not use automated access outside intended features. On violations we may block content or restrict access after a warning (immediately for serious violations).
14. Rights of Use
Users receive a non-exclusive, non-transferable right to use VAILUP for the contract term. They keep the rights to their content and grant us the rights needed to provide the service (storing, processing, cropping, displaying, sending to connected platforms on their behalf).
15. Availability
We aim for high availability but cannot promise uninterrupted service. Maintenance, force majeure and third-party outages (hosting, AI services, platforms) may cause restrictions.
16. Warranty
For consumers the statutory warranty rights for digital services (VGG, ABGB) apply in full, including the duty to provide necessary updates. For businesses statutory rules apply unless agreed otherwise.
17. Liability
We are liable without limitation for intent and gross negligence, personal injury and under product liability law. For slight negligence we are liable only for breach of essential obligations, limited to foreseeable, typical damage. Towards businesses liability for indirect damage and lost profit is excluded. Mandatory consumer rights remain unaffected.
18. Data Protection
Our privacy policy applies. For third-party personal data processed by users via VAILUP, the data processing agreement under Art. 28 GDPR applies (/dpa).
19. End of Contract and Data
After the contract ends, users can export their data via Settings → Privacy until deletion. Account and content are removed after account deletion unless retention is required; platform connections are disconnected.
20. Gift Subscriptions and Free Periods
Gift subscriptions or free periods granted individually end automatically after the agreed period. A paid plan only arises afterwards if the user actively orders it.
21. Changes to These Terms
We announce changes in text form at least six weeks before they take effect. For businesses they are deemed accepted unless objected to within that period; we will point this out separately. For consumers, material changes to service or price only take effect with express consent; otherwise the user may cancel as of the effective date.
22. Final Provisions, Dispute Resolution
Austrian law applies, excluding the UN Sales Convention and conflict-of-law rules. Consumers keep the protection of mandatory rules of their country of residence; claims against consumers are brought at their place of residence. Place of jurisdiction for businesses is Innsbruck. For dispute resolution see the imprint. If a provision is invalid, the rest remains valid. Version: 2026-10-13