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Terms of Service

of InkDev GmbH, Allgäuer Straße 33, 86391 Stadtbergen, Germany

1.1 The mosa.ink platform, comprising the website mosa.ink, the associated apps and any interfaces (collectively the “Platform”), is operated by InkDev GmbH, Allgäuer Straße 33, 86391 Stadtbergen, Germany (hereinafter “mosa.ink”, “we” or “us”).

1.2 These Terms of Service apply to all contracts that the user enters into with us through the Platform, in particular to

  1. a) the free-of-charge agreement for the use of a user account,

  2. b) contracts for paid content and subscriptions, and

  3. c) the publication of content on the Platform.

1.3 The separate Author Agreement (§ 14) also applies to authors offering paid works. Additional terms may apply to individual supplementary features; we will inform the user of these separately before they use those features.

1.4 Users’ differing or supplementary terms do not form part of the contract unless we expressly agree to their application. Individual agreements made with the user in a particular case always take precedence over these Terms of Service.

1.5 In these Terms of Service, the following definitions apply:

  1. a) “User”: any person who uses the Platform;

  2. b) “Consumer”: any natural person who enters into a contract for purposes that are predominantly outside their trade, business or profession; “Trader”: any natural or legal person or partnership with legal capacity who, when entering into a contract, acts in the exercise of their trade, business or profession;

  3. c) “Author”: any user who publishes works or other content on the Platform;

  4. d) “Work”: a literary work published on the Platform (e.g. a web novel, novel, short story or poem), including its chapters, title, blurb and cover;

  5. e) “User content”: all content that users upload, publish or otherwise transmit on the Platform, in particular works, comments, reviews, profile information and images;

  6. f) “Paid content”: works or parts of works (e.g. individual chapters) that are accessible only in return for payment, either through an individual unlock or as part of a subscription.

2.1 The user may read free content without a user account. A user account is required for features such as commenting, rating, saving reading progress, publishing works and purchasing paid content.

2.2 To register, the user enters the information requested in the registration form, in particular an email address and username and, when registering with a password, a password. When registering by email, the user first confirms their email address using the confirmation link or code sent to them. They then complete their details and accept these Terms of Service. Where offered, registration through an external sign-in provider is also possible. The user can review and correct their entries before completing registration. By clicking the final “Sign up” button, the user makes an offer to enter into a free-of-charge agreement for use of the Platform incorporating these Terms of Service. The agreement for use of the Platform is concluded when we create the user account and activate access.

2.3 We store the contract text and record which version of these Terms of Service the user has accepted. The user can access, save and print the current version under “Terms of Service” at any time; we provide the user with previous versions on request. When purchasing paid content, the user receives the accepted version together with the contract confirmation by email.

2.4 The contract languages are German and English. The language version in which the user entered into the respective contract is authoritative.

2.5 We have not subscribed to any codes of conduct.

3.1 Only persons aged at least 13 may create a user account.

3.2 Minors may create and use a user account only with the consent of their legal representatives. This also applies to the publication of works. We are entitled to request proof of this consent and to restrict the user account’s features until it is provided.

3.3 Only adults may purchase paid content, take out subscriptions and monetise works.

3.4 Authors label works intended exclusively for adults using “Rated 18+ Badge” in the “Content Warnings” section. Before accessing such works, the Platform asks the user “Are you 18 or older?” and requires them to confirm their adult status by selecting “Yes, I’m 18 or older”. This is a self-declaration, not an identity or age check based on identity documents. Minors must not give this confirmation or access such works. We are entitled to review and adjust age labels.

3.5 The user may contact support@mosa.ink with questions about the protection of minors.

4.1 The user is obliged to provide accurate information when registering and using the Platform and to keep it up to date, in particular their email address.

4.2 Each person may maintain only one user account unless we expressly permit otherwise. The user account is non-transferable and must not be made available to third parties for use.

4.3 The user may use a pseudonym. Usernames are prohibited if they infringe third-party rights (in particular rights to names, trade marks or personality rights), are insulting or offensive, or mislead others about the user’s identity, for example by creating the impression that the user is another well-known person, another author or an employee of mosa.ink.

4.4 The user must keep their login credentials confidential and protect them against access by third parties. If they have reason to believe that third parties have obtained knowledge of their login credentials or are misusing their user account, they must inform us without undue delay at support@mosa.ink and change their password. The user is responsible for actions performed by third parties using their user account only if the user is at fault.

4.5 Where there are specific indications that a user account is being misused, we may temporarily suspend access and reset the login credentials insofar as this is necessary to protect the user or third parties. We will inform the user of this without undue delay.

5.1 mosa.ink enables users to read, publish and comment on works. The free basic features include, in particular, reading free content, creating a library, saving reading progress, following authors, and commenting and rating features. The features available in detail are set out in the description on the Platform.

5.2 We offer paid content through individual unlocks or subscriptions. The scope of the respective service, its price and, for subscriptions, the term and cancellation conditions are set out in the service description that we display to the user before they complete the ordering process.

5.3 The authors create their works on their own responsibility. We do not endorse the statements or opinions contained in them. For ongoing, unfinished works (e.g. web novels published in instalments), the authors determine the scope and publication schedule of further chapters. There is an entitlement to the continuation or completion of a work only insofar as this is expressly promised in the service description. Our obligations as the contracting party when paid content is purchased remain unaffected.

5.4 The Platform is generally available around the clock. Temporary restrictions may arise, in particular, from maintenance work, security measures or disruptions beyond our control. Where possible, we carry out planned maintenance during periods of low usage and announce it in good time. The user’s statutory rights in the event of restrictions affecting paid services remain unaffected.

5.5 To use the Platform, the user needs an internet-enabled device with an up-to-date browser or, when using an app, a supported operating system, as well as an internet connection.

5.6 If a disruption occurs in relation to paid content, the user is obliged to assist in identifying its cause to a reasonable extent, insofar as this is possible using the technical means available to them (e.g. by specifying the device, browser, operating system and error message).

6.1 The presentation of paid content on the Platform does not constitute a legally binding offer, but an invitation to place an order.

6.2 To purchase paid content or take out a subscription, the user selects the desired offering using “Buy” or “Subscribe”, respectively. These buttons first open the ordering page provided by Stripe (“Stripe Checkout”). This page displays the essential characteristics of the service, the total price and, for subscriptions, the term and cancellation conditions. Before completing the order, the user can review their information and correct it in the input fields provided or cancel the process. The user makes a binding offer only by activating the final order button in Stripe Checkout that indicates an obligation to pay. The wording of this button depends on the language displayed by Stripe.

6.3 We confirm receipt of the user’s order by email without undue delay. The contract is concluded when we accept the offer by unlocking the content, activating the subscription or issuing an express declaration of acceptance, whichever occurs first. Within a reasonable period after the contract is concluded, and no later than when provision begins, the user receives a contract confirmation from us on a durable medium (e.g. by email) containing the contract’s contents, these Terms of Service, the instructions on withdrawal and, where applicable, confirmation of their declarations under § 10 paragraph 2.

6.4 The user’s sole contracting party when purchasing paid content or taking out subscriptions is mosa.ink. We offer this content in our own name. The authors do not thereby become contracting parties of the user.

7.1 The prices displayed on the Platform at the time of the order apply. All prices are total prices and include statutory value added tax.

7.2 Payment is made using the payment methods offered during the ordering process. At least one commonly used and reasonable payment method is available to the user without an additional charge. Payments are processed by Stripe Payments Europe, Limited as payment service provider, or, for purchases within an app, where applicable by the respective app-store operator. The respective payment service provider’s terms may also apply to payment processing; we will draw attention to them during the ordering process.

7.3 The price is due when the contract is concluded. Subscription fees are due in advance at the beginning of each billing period.

7.4 If a payment is not made or is reversed for reasons attributable to the user, we may suspend access to the relevant paid content until the outstanding amount has been paid. We reserve the right to claim compensation for any loss we incur as a result. The user remains entitled to prove that no loss, or a substantially lower loss, occurred.

7.5 The user may set off only counterclaims that are undisputed or have been established by a final court decision. This does not apply to counterclaims arising from the same contractual relationship, in particular claims concerning defects.

8.1 The content of a subscription is set out in the service description. If a subscription includes access to a catalogue of works, its composition may change as authors add works or remove them from the subscription. There is an entitlement to individual works remaining in the subscription only insofar as the service description expressly provides for this.

8.2 Subscriptions have the initial term selected when ordering. A subscription with a term of one month renews for a further month each time unless it is cancelled by the end of the respective billing period. A subscription with a longer initial term renews for an indefinite period after that term expires unless it is cancelled by the end of the initial term. After renewal, the user may cancel it at any time with one month’s notice. We refund fees paid in advance for periods after such cancellation takes effect on a pro-rata basis.

8.3 The user may cancel their subscription in “My Purchases” by selecting “Cancel” and then “Confirm cancel subscription”, or in text form (e.g. by email to support@mosa.ink). “My Purchases” is also accessible through “Settings”. We confirm receipt of the cancellation in text form without undue delay. Subscriptions taken out through an app store may also be cancelled through that app store’s settings. The right to terminate for good cause remains unaffected.

8.4 If we offer a free or discounted trial subscription, we clearly inform the user during the ordering process whether, and at what price, it will continue as a paid subscription after the trial period ends. If the user cancels during the trial period, they incur no costs.

8.5 A change to the fee for an existing subscription takes effect only with the user’s express consent. We notify the user of an intended price change in text form at least six weeks before it takes effect. If the user does not agree, their subscription continues at the previous price. We may then cancel it with one month’s notice to the end of a billing period, but no earlier than the end of the initial term.

9.1 When paid content is unlocked, we grant the user a non-exclusive, non-transferable and non-sublicensable right to read the content on the Platform for private, non-commercial purposes. For individual unlocks, this right has no fixed time limit and lasts for the duration of the agreement for use of the Platform; for subscriptions, it lasts for the subscription term.

9.2 Any use beyond this, in particular reproducing, sharing, selling or making content publicly available outside the Platform, or circumventing technical protection measures, is not permitted.

9.3 If an author withdraws a work from the offering, content that the user has already unlocked individually remains accessible to them. If we must permanently block purchased content for legal reasons (e.g. because of a court or administrative order or an established infringement of rights), or if we discontinue the Platform entirely, the user has their statutory rights. In these cases, we will in any event refund the price paid for the affected content. Further statutory rights remain unaffected. We announce any discontinuation of the Platform at least three months in advance.

10.1 Consumers have a statutory right of withdrawal in accordance with the instructions on withdrawal. Traders have no right of withdrawal.

10.2 For contracts for digital content not supplied on a tangible medium, the right of withdrawal expires when we have begun performing the contract after the user

  1. a) has expressly consented to our beginning performance before the withdrawal period expires,

  2. b) has acknowledged that, by giving their consent, they lose their right of withdrawal when performance begins, and

  3. c) we have provided them with a confirmation pursuant to section 312f of the German Civil Code (BGB).

10.3 The ordering process in Stripe Checkout requires the express consent and acknowledgement under paragraph 2(a) and (b). Without these declarations, the user cannot complete the ordering process. The user cannot choose to have the content provided only after the withdrawal period has expired.

10.4 Withdrawal may also be declared through “Withdrawal”. This function is accessible through the link of the same name in the footer and can be used without logging in. The user enters their details and submits the declaration using “Confirm withdrawal”.

11.1 The statutory provisions apply to defects in paid content and services; for consumers, in particular, the provisions on contracts for digital products (sections 327 et seq. of the German Civil Code).

11.2 During the period relevant under the law, we provide the user with the updates, including security updates, necessary to maintain conformity with the contract, and inform them of these updates. The user may need to install app updates themselves.

11.3 The user is asked to report defects to support@mosa.ink so that we can remedy them promptly. Their statutory rights do not depend on making such a report.

12.1 Registered users may publish works and other user content on the Platform. Authors decide themselves whether to offer a work free of charge. Offering it as paid content requires an Author Agreement.

12.2 When publishing a work, the author is obliged to

  1. a) label works intended exclusively for adults using “Rated 18+ Badge”,

  2. b) assign accurate genre information and keywords (“Tags”) to the work and label depictions of violence, sexuality, suicide, self-harm or comparably distressing topics using the warnings provided under “Content Warnings”,

  3. c) identify fan works as such and specify the underlying work or franchise under “Fandoms”,

  4. d) label works whose text or images were generated wholly or to a substantial extent by generative artificial intelligence as “AI-assisted”, and

  5. e) refrain from using misleading titles, descriptions, covers or keywords.

12.3 Fan works (e.g. fan fiction or fan art) are permitted insofar as they do not infringe third-party rights, in particular because the rights holders have consented to the use or a statutory permission applies (e.g. for caricature, parody or pastiche). Fan works must not be offered as paid content unless the author provides us with evidence of permission from the rights holders. If rights holders object to a fan work, we proceed in accordance with §§ 18 and 19.

12.4 Content created with the assistance of artificial intelligence is permitted if the author has the necessary rights to all templates and materials used, no third-party rights are infringed, and the content does not misrepresent its origin. Simple aids such as spelling or grammar checks do not trigger a labelling obligation. Content generated exclusively by artificial intelligence may not be protected by copyright. Predominantly AI-generated works may be offered as paid content only if labelled accordingly.

12.5 We do not generally review user content before publication. The user is responsible for their own user content.

13.1 The rights in user content remain with the user. We acquire neither ownership nor exclusive rights in it. In particular, the author remains entitled to publish and exploit their works elsewhere unless they have agreed otherwise with us in a separate agreement.

13.2 To enable us to operate the Platform, the user grants us a non-exclusive right, unlimited in geographical scope and limited to the duration of publication on the Platform, to use the user content they publish for the following purposes:

  1. a) storage and reproduction on our servers and those of our technical service providers, including caching and backups, insofar as necessary to operate the Platform;

  2. b) making the content available to users of the Platform and our apps in the manner selected by the user (e.g. free of charge, as paid content or through a subscription, with the selected age label and visibility);

  3. c) technical adaptation to different devices, formats and reading modes (e.g. formatting, page breaks, font size), without altering the content;

  4. d) display in search results, recommendations, rankings and overviews on the Platform;

  5. e) advertising the work and the Platform using the title, author’s name, cover, blurb and excerpts whose total length exceeds neither the length of the first chapter nor 10% of the work, on the Platform, in our newsletters and on our own social-media channels;

  6. f) automated analysis for moderation, search, recommendation and Platform security purposes; § 17 paragraph 3 remains unaffected.

13.3 Rights in user content published free of charge are granted without remuneration. For paid content, the author’s remuneration is governed by the Author Agreement.

13.4 If the user withdraws or deletes user content, the rights under paragraph 2 end with effect for the future. We remove the content from the Platform within a reasonable period. By way of exception,

  1. a) we may continue to make paid content accessible to users who have already unlocked it individually,

  2. b) we may retain copies insofar as this is necessary to fulfil legal obligations or to establish, exercise or defend legal claims.

13.5 We may transfer or sublicense the rights under paragraph 2 only to technical service providers (e.g. hosting, storage and payment service providers) and app-store operators, and only insofar as this is necessary to operate the Platform.

13.6 When using an author’s works, we credit the author under their chosen name or pseudonym and do not alter the substance of their works. We select excerpts for advertising purposes in such a way that the overall impression of the work is not distorted.

13.7 § 13.2(a)–(d) and (f) apply correspondingly to comments, reviews and other contributions. If the user deletes their user account, their contributions are deleted; we may instead retain comments and reviews without attributing them to the user personally in order to preserve the context of discussions, unless the user chooses their complete removal when deleting the account.

14.1 Offering works as paid content requires the author to be an adult, to have entered into an Author Agreement with us and to have successfully completed the identity and account verification required by our payment service provider for payouts.

14.2 We offer paid content to users in our own name. In return, the author receives a share of the revenue (Revenue Share). The Author Agreement governs the amount, accounting and payment of this share, pricing and further details. Insofar as the Author Agreement differs from these Terms of Service, it takes precedence in the relationship between the author and us.

14.3 The author is responsible for the proper taxation of their own income.

15.1 The user warrants that they hold all rights in their user content necessary for the grant of rights under § 13 and that their user content infringes neither third-party rights (in particular copyright, trade mark, personality and data-protection rights) nor statutory provisions.

15.2 If third parties bring claims against us because of a breach of these obligations for which the user is responsible, the user indemnifies us against the resulting claims, including the costs of an appropriate legal defence up to the amount of statutory fees. We inform the user of the claim without undue delay, give them an opportunity to respond and do not acknowledge claims without consulting them beforehand. Further statutory claims remain unaffected.

16.1 mosa.ink thrives on literary diversity. Fictional depictions of violence, crime, mental-health crises or other distressing topics are generally permitted if they are lawful and accurately labelled in accordance with § 12 paragraph 2.

16.2 The following, in particular, are prohibited:

  1. a) unlawful content, in particular content constituting a criminal offence (e.g. incitement to hatred, use of symbols of unconstitutional or terrorist organisations, public incitement to commit crimes, threats, insults, malicious gossip or defamation);

  2. b) any depiction of sexual acts involving persons under 18; this also applies to fictional characters depicted as or recognisable as minors, regardless of any claimed age;

  3. c) pornographic content. Violent pornography and pornography involving animals are prohibited without exception;

  4. d) sexually explicit images and graphics (e.g. as a cover or illustration);

  5. e) sexual or degrading depictions of real, identifiable persons without their consent, as well as deceptively realistic, artificially generated or manipulated depictions of real persons (“deepfakes”);

  6. f) content that glorifies or incites violence, and content that glorifies, instructs on or encourages self-harm, suicide or eating disorders;

  7. g) content that degrades people or incites hatred or discrimination against them on grounds of their origin, skin colour, religion or beliefs, disability, sex, sexual orientation, gender identity or comparable characteristics;

  8. h) content that infringes third-party copyright, trade mark or other intellectual-property rights, in particular plagiarism and the unauthorised appropriation of others’ works;

  9. i) publication of third parties’ personal data (e.g. real names, addresses, telephone numbers, photographs) without their consent (“doxing”);

  10. j) advertising, spam and commercial links without our prior consent;

  11. k) malware, phishing and other content that endangers the security of users or the Platform.

16.3 The following, in particular, are also prohibited:

  1. a) harassing, intimidating or stalking other users;

  2. b) manipulating reading figures, ratings, reviews, rankings or other metrics, for example through bots, multiple accounts, purchased ratings or ratings submitted in exchange for a benefit, as well as reviews of one’s own works;

  3. c) circumventing suspensions, in particular by creating new user accounts;

  4. d) personal attacks in reviews; criticism must concern the work, not the author as a person.

17.1 The user may use the Platform only through the interfaces we provide (website, apps and documented interfaces). The following, in particular, are prohibited:

  1. a) automated extraction of content (scraping, crawling), except by operators of public search engines in accordance with customary practice and our robots.txt;

  2. b) the use of bots or unofficial clients and the automated creation of user accounts;

  3. c) circumvention of security, access-control or copy-protection measures;

  4. d) measures that impair the functioning of the Platform or place an excessive load on it;

  5. e) decompiling or reverse-engineering the Platform’s software.

17.2 We expressly reserve rights in respect of the use of content accessible on the Platform for text and data mining, including the training of AI models (section 44b paragraph 3 of the German Copyright Act, UrhG). This reservation is also declared in machine-readable form. By publishing, the author authorises us to declare this reservation in their name as well. The author’s own right to declare such a reservation remains unaffected.

17.3 We do not use authors’ works to train generative AI models and do not permit third parties to do so unless the author has expressly and separately consented.

18.1 We do not generally monitor user content. However, we take action when we receive indications, in particular through reports (§ 19) or our own checks, of content that is unlawful or violates these Terms of Service.

18.2 We use human reviewers and automated tools for moderation, for example to detect spam, malware, previously known unlawful content or missing labels. Decisions to remove works or suspend user accounts are generally made by humans. Automated decisions are always reviewed by humans when a complaint is made.

18.3 In the event of violations, we may take the following measures in particular, depending on their nature and severity:

  1. a) correcting age labels, tags or content warnings;

  2. b) restricting visibility, for example by excluding content from recommendations or rankings;

  3. c) removing or blocking content, where appropriate limited to individual countries;

  4. d) exclusion from monetisation;

  5. e) issuing a warning;

  6. f) temporarily restricting individual features or temporarily suspending the user account;

  7. g) terminating the agreement for use of the Platform.

18.4 When selecting a measure, we take account of the legitimate interests of all parties involved, in particular the severity and frequency of the violation, any fault and the fundamental rights of those affected, notably freedom of expression and artistic freedom. We act carefully, objectively and proportionately.

18.5 We inform the user of a measure affecting them no later than when it takes effect, stating the reasons, the underlying facts, the relevant statutory provision or rule in these Terms of Service, any use of automated means and the remedies available to them. This does not apply insofar as providing information is prohibited by law or by an administrative order.

18.6 If we remove content because it violates these Terms of Service, we give the user an opportunity to respond and then reconsider the decision. Before suspending their user account, we give the user an opportunity to be heard unless this is unreasonable because of the severity of the violation or the need to avert a danger to third parties; in that case, we provide this opportunity without undue delay afterwards.

18.7 If we obtain information giving rise to a suspicion that a criminal offence involving a threat to a person’s life or safety has been, is being or may be committed, we inform the competent law-enforcement or judicial authorities without undue delay. In all other cases, we disclose data to authorities only in accordance with statutory provisions.

19.1 Any person may report content to us that they consider unlawful or in violation of these Terms of Service by email to support@mosa.ink. Logged-in users may also select “Report” on the relevant content and submit the form using “Submit report”.

19.2 A report should contain:

  1. a) an explanation of why the content is unlawful or violates these Terms of Service;

  2. b) the precise location (URL) of the content;

  3. c) the reporting person’s name and email address, except for reports of content concerning the sexual abuse or sexual exploitation of children;

  4. d) a statement that the reporting person believes in good faith that the information is accurate and complete.

Rights holders reporting an infringement of their rights should also specify which right is affected and the basis of their entitlement.

19.3 We acknowledge receipt of the report, process it promptly, carefully, objectively and without arbitrariness, and inform the reporting person of our decision and the available remedies.

19.4 After a prior warning, we may suspend the processing of reports from persons who frequently submit manifestly unfounded reports for a reasonable period. Likewise, after a prior warning, we may suspend user accounts through which manifestly unlawful content is frequently provided for a reasonable period.

20.1 The user may submit a complaint free of charge against our decisions concerning reported content or content published by them, restrictions on monetisation or their user account within six months of being notified of the decision, by email to support@mosa.ink. We handle complaints promptly, without discrimination, carefully and not solely by automated means. If a decision proves unjustified, we reverse it without undue delay.

20.2 To resolve disputes concerning moderation decisions, the user may also contact an out-of-court dispute settlement body certified under Article 21 of Regulation (EU) 2022/2065 (Digital Services Act).

20.3 The user’s right to bring proceedings before the courts remains unaffected.

21.1 The order of works in search results, rankings and recommendations is determined primarily by the following main parameters: relevance to search terms and filters, popularity (e.g. reading figures, ratings, number of followers), recency and publication frequency and, for personalised recommendations, the user’s previous reading behaviour and stated interests. We identify editorially selected or paid placements as such.

21.2 Only logged-in users may submit reviews and ratings. We do not verify whether reviewers have read the work. We remove reviews only if they are unlawful or violate these Terms of Service, not merely because they are negative.

22.1 The agreement for use of the user account is concluded for an indefinite period.

22.2 The user may terminate the agreement for use of the Platform at any time without notice by deleting their user account under “Settings” using “Delete Account” and then “Delete”, or notifying us of the termination in text form. Termination of the agreement for use of the Platform also constitutes cancellation of ongoing subscriptions at the earliest possible date. At the user’s request, we will delete their user account only at the end of the billing period already paid for. When the user account is deleted, the user loses access to individually unlocked content; we draw this to their attention separately before deletion.

22.3 We may terminate the agreement for use of the Platform by ordinary notice in text form with a notice period of 30 days. If the user has individually unlocked paid content, the notice period is six months. We may cancel ongoing subscriptions no earlier than the end of their respective initial terms.

22.4 User accounts that have not been logged into for more than 24 months and contain neither individually unlocked content nor credit balances nor ongoing subscriptions may be deleted after prior notice by email if the user does not log in within two months of that notice.

22.5 Both parties’ right to terminate for good cause remains unaffected.

22.6 When the agreement for use of the Platform ends, the user’s access to their user account ends. If we terminate for good cause, access to purchased content also ends insofar as the grounds for termination make continuation of those contracts unreasonable as well. We refund fees paid in advance for periods after the contract ends on a pro-rata basis.

22.7 After termination, at the user’s request, we make the content they provided or created on the Platform available to them free of charge, within a reasonable period and in a commonly used, machine-readable format, insofar as it does not constitute personal data. In all other respects, we delete the user’s data in accordance with our privacy notice.

23.1 Our liability is unlimited

  1. a) in cases of intent and gross negligence,

  2. b) for damage resulting from injury to life, limb or health,

  3. c) under the German Product Liability Act,

  4. d) to the extent of any guarantee we have assumed, and

  5. e) in cases of fraudulently concealed defects.

23.2 In cases of slight negligence, we are otherwise liable only for breach of an essential contractual obligation, meaning an obligation whose fulfilment is necessary for the proper performance of the contract and on whose observance the user may regularly rely. In this case, our liability is limited to the loss foreseeable at the time the contract was concluded and typical of the contract.

23.3 In all other cases, our liability for damages is excluded.

23.4 Paragraphs 1 to 3 also apply for the benefit of our legal representatives, employees and persons engaged to perform our obligations.

23.5 Unless paragraph 1 applies, our liability for data loss is limited to the effort that would have been required to restore the data if the user had maintained proper backups.

23.6 We are liable for third-party user content in accordance with statutory provisions, in particular Article 6 of the Digital Services Act.

24.1 We continuously develop the Platform. We may change, expand, restrict or discontinue free features where there is an objective reason, in particular technical developments, changed legal requirements, security needs or low usage, and the change is reasonable for the user taking account of their interests.

24.2 We change paid digital content and services beyond what is necessary to maintain conformity with the contract only for an objective reason (in particular adaptation to new technical environments or changed legal requirements, or improvement of security or functionality), without additional costs to the user and after informing them of the change. If such a change impairs accessibility or usability to more than a minor extent, we inform the user on a durable medium, within a reasonable period before the change, of its features and timing and of their right to terminate the contract free of charge within 30 days of receiving the information or of the change. This right does not exist if the user can continue to use the unchanged content or services without additional costs.

24.3 We announce any discontinuation of the Platform as a whole at least three months in advance.

25.1 Changes to these Terms of Service take effect only with the user’s consent. We notify the user of intended changes in text form (e.g. by email) at least one calendar month before they are intended to take effect and present them clearly. The user may agree to the changes by confirming them on the Platform or in text form.

25.2 If the user does not agree, the previous Terms of Service continue to apply. We are then entitled to terminate the agreement for use of the Platform by ordinary notice in accordance with § 22 paragraph 3.

25.3 By way of exception to paragraph 1, we may amend these Terms of Service without the user’s consent insofar as the change

  1. a) is exclusively editorial (e.g. correcting typographical errors or updating contact details),

  2. b) concerns only new, optional features without changing existing rights or obligations, or

  3. c) is necessary to adapt to a change in the law, a ruling by a supreme court or an administrative order that occurred after the contract was concluded, and does not materially alter the user’s rights and obligations to their disadvantage.

We inform the user of such changes in text form at least four weeks before they take effect.

26.1 We generally communicate with the user electronically, in particular by email to the address stored in their user account and through notifications on the Platform. The user must ensure that messages sent to this email address reach them.

26.2 The single point of contact for users within the meaning of Article 12 of the Digital Services Act is support@mosa.ink. Communication is possible in German and English and does not rely exclusively on automated tools.

26.3 The point of contact for Member States’ authorities, the European Commission and the European Board for Digital Services within the meaning of Article 11 of the Digital Services Act is support@mosa.ink. The languages of communication are German and English.

27.1 Contracts with us are governed by the law of the Federal Republic of Germany. If the user is a consumer and has their habitual residence in another country, they retain the protection afforded by the mandatory provisions of that country’s law from which, under that law, the parties may not derogate by agreement.

27.2 If the user is a merchant, a legal person under public law or a special fund under public law, Augsburg is the exclusive place of jurisdiction for all disputes arising from this contractual relationship. We are also entitled to bring proceedings against the user at their general place of jurisdiction. Mandatory statutory rules on jurisdiction remain unaffected.

27.3 We are neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration body. The option of out-of-court dispute settlement concerning moderation decisions under § 20 paragraph 2 remains unaffected.

Terms of Service · September 14, 2026