Terms of Service

§ 1 Scope and Provider

Newfect is a software-as-a-service (SaaS) platform operated by 48DESIGN GmbH ("Provider", "we", "us"). By registering for an account and using the service, you ("User") agree to these Terms of Service ("Terms"). These Terms apply to both business customers and consumers. Any conflicting terms of the User shall only become part of the contract if we have expressly agreed to them in writing.

§ 2 Service Description

Newfect provides a browser-based SaaS platform with the following core features:

• Content-opportunity discovery based on SERP data, search trends, and publicly available online signals
• AI-assisted article generation tailored to your business, keywords, and location
• Publishing article drafts to a connected WordPress site via the WordPress REST API

The platform is a tool to support editorial workflows — published content remains the User's responsibility. Articles are always delivered as drafts; they are never published live without your explicit action.

§ 3 Account Registration

To use Newfect you must register with a valid email address and a password. You warrant that: (a) you are at least 18 years old or are acting on behalf of a legal entity; (b) all registration details are accurate and complete; (c) you will keep your login credentials secure and will not share them with third parties. You are responsible for all activity carried out under your account. Notify us immediately at the contact email in the Legal Notes if you suspect unauthorised use of your account.

§ 4 Subscription, Pricing, and Payment

Access to Newfect requires a paid subscription. Subscriptions are available on a monthly or annual basis and are priced in Euro (€). Current prices are displayed on the pricing page at the time of subscription.

Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. Payment is collected at the start of each billing period using your chosen payment method (Stripe, PayPal, or Klarna).

Prices are shown excluding statutory VAT. For users in Germany and the EU, VAT is added at checkout where applicable. For businesses in other EU member states providing a valid VAT ID, the reverse-charge procedure applies.

If a payment fails, we will retry collection. If payment cannot be collected within a reasonable period, we reserve the right to suspend or terminate your access until the outstanding amount is settled.

§ 5 Right of Withdrawal for Consumers

This section applies only to consumers (Verbraucher) within the meaning of § 13 BGB — i.e. natural persons who conclude the contract for purposes outside their trade, business, or profession.

Withdrawal Instruction (Widerrufsbelehrung)

Right of withdrawal: You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period begins on the day the contract is concluded.

How to exercise the right:

To exercise the right of withdrawal, you must inform us of your decision to withdraw by means of a clear, unequivocal statement (e.g. a letter sent by post or an email). You may use the Model Withdrawal Form at the end of these Terms, but it is not obligatory.

Send your withdrawal notice to:

Consequences of withdrawal:

If you withdraw, we will reimburse all payments we have received from you, no later than 14 days after the day on which we received notification of your withdrawal, using the same means of payment as you used for the initial transaction.

Loss of right of withdrawal for services commenced immediately:

If you have explicitly requested during signup that the provision of the service begins immediately — before the withdrawal period expires — you acknowledge that: (a) if the service is fully performed before the withdrawal period expires, you lose your right of withdrawal upon full performance; (b) for subscriptions (ongoing services not fully performed within 14 days), if you exercise your right of withdrawal, you will owe a proportionate payment for the service delivered up to the point of withdrawal, calculated pro-rata against the agreed total price (§ 357(8) BGB).

Express consent to immediate service commencement:

By completing registration and checking the consent checkbox, you explicitly request that access to the service begins immediately upon subscription and confirm that you are aware of the consequences described above.

§ 6 Term and Cancellation

Subscriptions are concluded for the selected billing interval (monthly or annually) and renew automatically. You may cancel your subscription at any time via your account settings or by contacting us.

Cancellation takes effect at the end of the current billing period. You retain access to the service until that date. No refund is issued for the unused portion of the current billing period, except as required under the right of withdrawal in § 5.

We reserve the right to terminate your account immediately in the event of a material breach of these Terms, non-payment following reasonable notice, or use of the service for illegal purposes.

§ 7 Acceptable Use

You agree not to use Newfect for any of the following:

• Generating, storing, or publishing content that is illegal, defamatory, obscene, fraudulent, or infringes third-party rights
• Spam, phishing, or other deceptive communications using articles generated on the platform
• Systematic scraping, crawling, or automated extraction of platform data beyond normal use
• Reverse engineering, decompiling, or attempting to extract the source code of the platform
• Reselling or sublicensing access to the platform or generated content as a competing service without our prior written consent
• Circumventing plan limits, rate limits, or access controls
• Using the service in a way that violates applicable law in your jurisdiction

Violations may result in the immediate suspension or termination of your account.

§ 8 Intellectual Property

The platform itself — including its source code, design, data models, and original text — is the intellectual property of 48DESIGN GmbH and is protected by copyright and other applicable laws. You receive a non-exclusive, non-transferable licence to use the service for its intended purpose during an active subscription.

Articles and content generated through the platform at your instruction are owned by you. You are responsible for reviewing, editing, and ensuring the accuracy and legality of any published content. You grant 48DESIGN GmbH a limited licence to process your input data (business descriptions, keywords, URLs) solely to deliver the service.

§ 9 Service Availability

We aim to provide reliable access to Newfect at all times. However, as a small operator we cannot guarantee a specific uptime SLA. The service may be temporarily unavailable due to planned maintenance, technical issues, or disruptions at third-party providers (e.g. OpenAI API outages). We will endeavour to communicate planned maintenance in advance via the status page at /status. No compensation is owed for reasonable service interruptions.

§ 10 Limitation of Liability

We are liable without limitation for: damage arising from injury to life, body, or health; wilful misconduct (Vorsatz); and gross negligence (grobe Fahrlässigkeit) on our part or by our legal representatives or vicarious agents.

For ordinary negligence (einfache Fahrlässigkeit), we are liable only for the breach of a material contractual obligation (Kardinalpflicht) — an obligation whose fulfilment is essential to the proper performance of the contract and on whose compliance you may regularly rely. In such cases, liability is limited to the typically foreseeable damage at the time the contract was concluded.

Any further liability for ordinary negligence is excluded. This limitation does not affect liability under the German Product Liability Act (Produkthaftungsgesetz), mandatory statutory consumer protection provisions, or any other statutory non-excludable liability.

We are not liable for the accuracy, completeness, or quality of AI-generated content, nor for the consequences of publishing such content. The User bears sole responsibility for editorial review before publication.

§ 11 Data Protection

The processing of personal data in connection with the service is described in our Privacy Policy, which forms an integral part of these Terms. By using the service you acknowledge the Privacy Policy. Privacy Policy

§ 12 Changes to These Terms

We may update these Terms to reflect changes in the service, applicable law, or our business. We will notify registered users of material changes by email at least six (6) weeks before the changes take effect. If you do not object in writing within this period, the updated Terms shall apply from the stated effective date. You retain the right to terminate your subscription before the effective date if you do not agree with the changes.

§ 13 Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

For disputes with business customers (Unternehmer within the meaning of § 14 BGB), the exclusive place of jurisdiction is the registered seat of 48DESIGN GmbH. For disputes with consumers (Verbraucher), the statutory rules on jurisdiction apply.

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. We are not obligated to participate in alternative dispute resolution before a consumer arbitration board and do not voluntarily do so.

§ 14 Miscellaneous

Should any provision of these Terms be held invalid or unenforceable, the remaining provisions shall continue in full force. The invalid provision shall be replaced by a provision that most closely approximates the commercial intent of the original. These Terms constitute the entire agreement between you and 48DESIGN GmbH regarding the service and supersede any prior representations or agreements.