Ce document n’est disponible qu’en anglais et en allemand. Nous affichons donc la version anglaise. Pour les contrats, les règles linguistiques de nos Conditions d’utilisation s’appliquent.

Terms of Service

Version:
4.1
Effective from:
Last updated:

These Terms of Service govern access to and use of Kuro Engage, a social media automation platform operated by Kuro Studio.

Kuro Engage is offered to business customers only. Please read section 1 before signing up.

1. Scope and business customers only

Kuro Engage is offered exclusively to entrepreneurs within Section 14 BGB acting for their trade, business or independent profession. Consumers within Section 13 BGB are excluded. A private intention to start a business does not by itself establish business capacity. The contracting party is the person or organization identified as the workspace operator.

At workspace creation, the acting person confirms business use and authority to represent the operator and expressly accepts these terms and the DPA. The platform’s acceptance and creation of the workspace establishes the service contract, including an eligible trial. Paid service starts only after successful checkout and confirmation. These terms prevail over customer standard terms unless expressly agreed otherwise.

2. Service

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.

3. Accounts and workspaces

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.

Agencies may operate workspaces for their clients with the necessary authority and platform permissions. The identified workspace operator remains the contracting party, and data-protection roles must reflect the actual arrangement. Providing these management services is permitted and does not constitute resale or sublicensing of the platform.

4. Trial

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 free of charge. We may restrict a trial where objectively necessary to prevent misuse, taking legitimate customer interests into account. The liability rules in section 17 apply to trials as well.

Trial eligibility is checked against prior consumption by the account identifier and confirmed, normalized email address. Creating another workspace or deleting and recreating an account does not reset an unexpired trial ledger entry.

5. Plans and prices

Kuro Engage is offered in the plans published at https://engage.kurostudio.io/pricing. Each plan defines its included people reached, connected social accounts and team seats. Active campaigns are unlimited subject only to the fair-use abuse guard in section 10. 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 net prices in euro, plus VAT where applicable. The final price is shown at checkout.

6. Payment

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.

Where a promotion code is offered, checkout validates a tracked code against its current eligibility and applies the associated discount. An invalid code is rejected rather than silently proceeding at full price. Any partner attribution attached to the code is recorded at redemption for reporting; this does not create an automatic payout or partner link.

7. Taxes

We currently apply the German small-business regime under Section 19 UStG and do not charge German VAT under that regime. If we switch to standard taxation, the agreed net prices remain unchanged; applicable VAT is calculated and shown at checkout and on subsequent renewals. A change in tax treatment does not authorize a change to the agreed net price; section 11 continues to apply.

The checkout shows the contractual price and any applicable tax treatment before you order. The German small-business regime under Section 19 UStG does not replace the rules on place of supply or cross-border transactions. Where applicable, reverse charge or other mandatory local rules apply. Provide accurate business, country and tax information; each party remains responsible for tax duties imposed on it by law.

8. Term, renewal, and cancellation

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.

9. Upgrades and downgrades

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.

10. Usage limits

The usage unit "people reached" counts one unit per comment event that starts a direct-message flow, recorded on its first successful direct message. Follow-up messages in that flow, including opening messages, follow gates, reminders, email gates, link delivery and quick-reply continuations, are included without further units. A comment that produces no successful direct message counts as no unit. Separate comment events by the same person can each count; this is not a count of unique contacts.

Each plan includes a reach allowance for its usage period, with an additional 50% viral buffer at no charge. There are never overage charges. Once usage reaches 150% of the included allowance, new flows pause until the next usage period or an upgrade provides capacity. Flows that have already started finish without further reach units or a new reach-limit check, subject to the other contractual, payment, safety, opt-out and platform delivery rules. The trial uses its total trial allowance and the same buffer; it does not gain a renewed allowance without a paid subscription.

Unlimited active campaigns are subject only to a fair-use guard against abuse: 250 active campaigns per workspace is the technical abuse threshold. This is not a plan quota, an extra paid tier or an overage fee. We may restrict abusive creation or use proportionately under section 18, taking legitimate customer interests into account.

Asset file storage is for files delivered through your campaigns. It is the same on every plan and is a fair-use allowance, not a plan quota, an extra paid tier or general file hosting. A single file can be up to 50 MB, and each workspace can store up to 1 GB of files in total. Uploads that exceed either limit are refused. Videos and other large files are delivered as external links. We may restrict use for other purposes proportionately under section 18, taking legitimate customer interests into account.

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

11. Price changes

Prices already agreed for a running subscription are unchanged during its paid period. A different renewal price requires your express agreement after we notify you in text form at least 30 days before the proposed change. Silence is not acceptance. Without agreement, the existing price remains until the contract ends; either party may exercise its ordinary termination right for the end of the relevant period.

12. Changes to these terms

We may correct editorial errors or clarify wording without changing contractual rights or duties. Changes to contractual rights, duties or material functions require your express agreement unless a specific legal rule provides otherwise. We explain the proposed changes and their effective date in text form, normally at least 30 days in advance. Silence and continued use alone are not acceptance. Without agreement, the existing contract continues until it ends; statutory and ordinary termination rights remain unaffected.

13. Acceptable use

  • 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 or sublicense access to the platform, or offer the platform itself as your own service, without our written consent. Authorized agency operation of client workspaces under section 3 is permitted.

14. Your responsibility and data protection roles

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.

15. Availability and changes to the service

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.

We will not remove or materially reduce the agreed core service during a paid period merely for product-development convenience. Where a lasting material restriction cannot reasonably be remedied, statutory remedies, including termination and repayment for unprovided service where applicable, remain available. No separate service-level agreement or guaranteed percentage is included.

16. Third-party platforms

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.

Connected-platform restrictions can affect delivery and features. We are responsible for our own contractual duties, careful provider selection and integration; statutory remedies are not excluded merely because a third party is involved. We do not guarantee platform approval, reach or delivery outside the permissions and limits of the relevant platform.

17. Liability

We are liable without limitation for intent, gross negligence, injury to life, body or health, fraudulent concealment, a guarantee expressly assumed by us and mandatory statutory liability, including under the German Product Liability Act. Mandatory rights under data protection law remain unaffected.

For slight negligence, we are liable for breach of a material contractual duty, meaning a duty necessary for proper performance and on which the customer may ordinarily rely. In that case liability is limited to damage foreseeable and typical for the contract. This applies to paid service and free trials; no limit of zero applies because no fees were paid. For other slightly negligent breaches, liability is excluded to the extent permitted by law.

These rules also apply to our representatives and agents. There is no separate blanket exclusion for lost profit, delayed messages or third-party disruption that overrides the rules above. Customers should maintain suitable backups; any contributory fault is assessed under the applicable law, not presumed from a missing backup alone.

18. Suspension, termination, and data after the contract ends

We may restrict access proportionately for material contractual breaches, unlawful use or concrete security risks. Where reasonable, we give notice and an opportunity to remedy first. Immediate action remains possible where delay creates a concrete risk. Each party retains statutory termination rights; prepaid amounts for service not provided after a valid termination are treated under the applicable law.

After a paid subscription ends, ordinary workspace deletion is scheduled after 30 days, subject to an agreed switching or data-return process and mandatory retention duties. Export your data in time or contact support@kurostudio.io before that period ends. Trial expiry does not automatically create a paid subscription or immediately delete the workspace. You can request account or workspace deletion through the available settings; legal and security records may be retained for their separate lawful purposes.

19. Data export and exit

Workspace admins can export accessible workspace data in a structured, commonly used machine-readable format, including stored asset files. Exportable data includes workspace settings, memberships, connected-account metadata, campaigns, audience/lead records, delivery and interaction records and relevant billing/acceptance metadata. Credentials, access tokens, internal security secrets and our proprietary implementation are excluded. Our service uses a common export format; it does not guarantee that another provider can recreate every automation or platform permission.

For switching to another data processing service or to your own infrastructure, contact support@kurostudio.io with the desired timing and destination. Where Chapter VI of the EU Data Act applies, we provide the required information and reasonable assistance, continuity and security during transition, and the legally required switching and retrieval periods. The maximum notice period to initiate switching is two months; the ordinary transition is no more than 30 calendar days, subject to the Act’s permitted extensions and your right to request a longer transition. At least 30 calendar days for retrieval follow the end of transition. We confirm the timetable and any technically justified extension in text form. Ordinary deletion must not shorten these periods; notify us of switching before using immediate irreversible workspace deletion.

We do not charge separately for the standard export or switching assistance required by the Data Act. Ordinary subscription charges until the agreed termination date and separately agreed services outside mandatory switching assistance remain unaffected. After the retrieval period and completion of return, we erase customer data unless law requires retention; protected backups expire through rotation. Customer-data processing follows the DPA.

20. Governing law and place of jurisdiction

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.

21. Final provisions

You may only transfer this contract to a third party with our prior consent. We may transfer it to a successor entity that takes over the business and all our contractual obligations. We will notify workspace administrators in writing, including by email, at least 30 days before the transfer takes effect, identifying the successor and effective date. You may terminate the contract in writing without a notice period before that date, with effect no later than immediately before the transfer. Prepaid fees for the unused period after that termination are refunded. A transfer does not itself change agreed net prices or other contractual rights; sections 11 and 12 remain applicable.

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.

22. Contact

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

Vos choix de confidentialité

Nous utilisons des cookies et le stockage du navigateur pour les fonctions essentielles. Avec votre accord, Google Analytics et PostHog analysent l’utilisation, avec certains enregistrements de session masqués ; Google Ads et Meta Pixel mesurent les résultats publicitaires. Politique de confidentialité