Terms of Service

Kuro Engage is offered exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), meaning natural or legal persons acting in the exercise of their commercial or independent professional activity. This includes people who are building up such an activity. We do not conclude contracts with consumers within the meaning of Section 13 BGB.

Before you start a paid subscription, you must expressly confirm that you are entering into the contract as an entrepreneur. We rely on that confirmation and do not verify it. If you cannot give it truthfully, you may not use the paid service.

These terms apply to every contract about Kuro Engage and take precedence over your own general terms and conditions. Your terms only apply if we have accepted them in writing.

Kuro Engage connects social media engagement to automated conversations: automated private replies, asset delivery, and lead capture. The current product focuses on Instagram Comment-to-DM campaigns. A person comments a campaign keyword under a connected post or reel, and the platform sends an automated private message through the official Meta API.

The service is provided as software as a service over the internet. We owe the provision of the platform, not any particular commercial result such as reach, leads, or conversions.

You must provide accurate account information, keep access credentials secure, and ensure that only authorized people use your workspace. Workspace admins are responsible for managing team access and connected social accounts.

The contract is concluded with the operator of the workspace. Actions taken by members of your workspace are attributed to you.

New workspaces can start a trial lasting 14 days. The trial requires no payment method, is limited in scope compared to the paid plans, and ends automatically. It does not convert into a paid subscription on its own: a paid subscription only starts when you actively complete checkout.

The trial is provided free of charge and without any warranty as to availability or fitness. We may adjust or end trials for individual workspaces where needed to protect the service against misuse.

Kuro Engage is offered in the plans published at https://engage.kurostudio.io/pricing. Each plan defines its own limits, in particular the number of connected social accounts, the number of active campaigns, and the number of automated direct messages per billing period. The plans and prices in effect when you complete checkout apply.

Plans are available with a monthly or an annual billing interval. Annual plans are paid in advance for the entire year. All prices are in euro.

Payments are processed by our payment service provider Stripe. Charges are due in advance at the start of each billing period, using the payment method you provide. Invoices are made available electronically.

If a payment fails, Stripe retries it and your automations continue for the time being. If payment remains outstanding, we may progressively restrict the service: first blocking cost-incurring actions and outbound messages, then limiting the workspace to read-only access except for payment recovery. We will restore full access once payment succeeds. Statutory claims for default interest and costs remain unaffected.

Small business owner under Section 19 UStG. VAT is not shown. Prices shown are the final prices payable.

If taxes or duties are payable in your country because of your location or status, you are responsible for them. Please provide your VAT identification number during checkout where you have one, so invoices can be issued correctly.

The subscription starts when checkout completes and runs for the billing interval you selected. It renews automatically for another period of the same length unless it is cancelled before the current period ends.

You can cancel at any time in the app, with effect from the end of the current billing period. There is no notice period. You keep full access until the end of the period you have already paid for, and no refund is given for the remainder of a period you cancel. As long as the current period is still running, you can reverse a scheduled cancellation in the app, and the subscription simply continues.

The right to terminate for cause without notice remains unaffected for both parties.

You can upgrade to a higher plan at any time. The upgrade takes effect immediately and the price difference is charged pro rata for the remainder of the current billing period.

You can downgrade to a lower plan with effect from the end of the current billing period. Before a downgrade takes effect, you must reduce your usage to the limits of the target plan, for example by disconnecting social accounts or deactivating campaigns. If you do not, we may block or deactivate the resources that exceed the target plan's limits. We choose which resources to restrict only if you have not made the choice yourself.

Each plan includes a fixed volume of automated direct messages per billing period. There are no overage charges: when the included volume is used up, further automated messages are not sent until the next billing period starts or you upgrade. Message volume is checked before each send.

We may apply technical rate limits to protect the platform, and we must observe the rate limits of the connected platforms.

We may adjust prices for future billing periods. We will notify you in text form at least 30 days before the change takes effect. The new price applies from the next renewal after that notice period.

If you do not accept the new price, you may terminate the subscription with effect from the date the change would take effect. Prices already paid for a running period are not affected.

We may amend these terms where necessary because of changes in the law, case law, the requirements of connected platforms, security requirements, or the further development of the service, provided the amendment does not unreasonably disadvantage you and does not affect the core obligations of the contract.

We will notify you of an amendment in text form at least 30 days before it takes effect and point out the objection right and the consequence of staying silent. If you do not object in text form before the amendment takes effect, it is deemed accepted. If you object, we may terminate the contract with effect from the end of the current billing period.

• Do not use the service for spam, harassment, deception, illegal content, or abusive automation.
• Do not attempt to bypass Instagram, Meta, platform, security, or rate-limit restrictions.
• Do not upload or link to malicious, infringing, or unlawful content.
• Do not access another workspace or social account without authorization.
• Do not resell, sublicense, or provide the service to third parties as your own without our written consent.

You are responsible for your campaign keywords, message copy, linked assets, lead magnets, audience targeting, and the legal basis for contacting people through connected platforms. You must comply with applicable law, Meta's terms, platform policies, advertising rules, and data protection requirements. In particular, you are responsible for having a sufficient legal basis and any required opt-in before people are contacted, and for honouring opt-out requests.

For campaign content and the interactions of the audience of your connected accounts, you are the controller under data protection law and we act as your processor. Our data processing agreement at https://engage.kurostudio.io/dpa applies to that processing and forms part of this contract. For your account, workspace, billing, and the operation of the platform itself, we are the controller. Details: https://engage.kurostudio.io/privacy.

You will indemnify us against claims that third parties assert against us because your use of the service infringed their rights or applicable law, unless you are not responsible for the infringement.

We aim to operate the service reliably, but we do not owe any specific availability level. We may change, suspend, or discontinue features when required for maintenance, security, legal compliance, platform changes, or product development. We will take your legitimate interests into account and announce material restrictions of function in advance where reasonably possible.

The service depends on third-party platforms, in particular Meta and Instagram, and on our infrastructure and service providers Supabase, Vercel, Resend, and Stripe. We do not control their availability, API behavior, account review decisions, delivery rules, or policy changes.

If a connected platform restricts, changes, or withdraws its interfaces or your account there, we may be unable to provide affected functions. That is not a defect for which we are responsible.

We are liable without limitation for intent and gross negligence, for injury to life, body, or health, and under the German Product Liability Act.

In the case of slight negligence, we are only liable for breaches of material contractual obligations, meaning obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely. In that case our liability is limited to the foreseeable damage typical for this type of contract, and in total to the fees you paid in the twelve months preceding the event causing the damage.

We are not liable for indirect damage, lost profits, failed or delayed message delivery, restrictions imposed on your account by Meta or Instagram, or misuse of the service by you or your workspace members. You remain responsible for backing up your own data. Any further liability is excluded.

We may suspend or terminate access if you breach these terms, create legal or security risk, misuse automation, or violate the rules of a connected platform. Where reasonable, we will warn you first.

After a paid subscription ends, we keep your workspace data for 30 days so that you can export it or resume the subscription. After that period it is deleted automatically, unless we are legally required to retain it, in particular under commercial and tax law retention duties for invoices and accounting records.

You can request an export of the data you have stored in your workspace at any time during the contract and within the 30-day period after it ends. Contact support@kurostudio.io. We provide the export in a common, machine-readable format and do not charge for it.

These terms are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods.

The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Nuremberg, Germany, provided that you are a merchant, a legal entity under public law, or a special fund under public law, or that you have no general place of jurisdiction in Germany. We are also entitled to sue at your general place of jurisdiction.

You may only transfer this contract to a third party with our prior consent. We may transfer the contract to a legal successor of the business; in that case you may terminate the contract with effect from the end of the current billing period.

Should individual provisions of these terms be or become invalid, the validity of the remaining provisions is unaffected.

The English version of these terms is the working version. In case of contradictions with the German version, the German version prevails for contracts governed by German law.

For questions about these terms, contact legal@kurostudio.io. Provider information: https://engage.kurostudio.io/legal-notice.