# spun.ink — Terms of Service *(Allgemeine Geschäftsbedingungen)* > Version 2026-08-25 · effective 2026-08-25 · content hash: the SHA-256 of the served bytes, printed on the page itself at > `spun.ink/legal/terms` and reproducible from the raw markdown at `spun.ink/legal/terms.md` · **applies to:** > every spun.ink account, every Site and everything done through spun.ink, on every plan (Free, Pro, > Agency), anywhere in the world · **supersedes:** version 2026-08-24, readable at > `spun.ink/legal/terms/2026-08-24`. Section 16.3 only. It pointed at **Annex 1** of the DPA for the > sub-processor list, which is Annex 2 — Annex 1 is the catalogue of security measures — and it > quoted a 14-day objection window, which the DPA has shortened to 10 days for the reason section > 11.2 of that document gives. The window is the one substantive change; the annex number was always > a typo and never changed where the list actually lived. > English is the contract language. > **These Terms are the contract.** They include the **Privacy Notice**, the **Data Processing > Agreement**, the **Acceptable Use Policy** and the **Right of withdrawal** by reference. Accepting > these Terms accepts all four; there is nothing separate to sign. The **Legal notice** is statutory > information, not a contract term. > Companion documents: **Privacy Notice** (`spun.ink/legal/privacy`) · **Legal notice** > (`spun.ink/legal/imprint`) · **Data Processing Agreement** (`spun.ink/legal/dpa`) · **Acceptable Use > Policy** (`spun.ink/legal/acceptable-use`) · **Right of withdrawal** (`spun.ink/legal/withdrawal`). > Previous versions: 2026-08-20, 2026-08-21, 2026-08-22, 2026-08-23 and 2026-08-24. Every version > stays reachable at `spun.ink/legal/terms/`. > Next review: **2026-09-26** — see section 26.6 (Verbraucherrechts-Änderungsgesetz 2026). *Published as the **Terms of Service** at `spun.ink/legal/terms`, with the raw markdown at `spun.ink/legal/terms.md`. Every version of this document is kept under version control and served straight from it, so its history is complete and the version you accepted stays reachable at its own URL for as long as spun.ink runs.* --- ## In short *This box is a plain-language summary. Article 14(1) of the Digital Services Act requires us to write in clear, plain, intelligible, user-friendly and unambiguous language, and this is our attempt at the shortest version. **The summary is not the contract** — sections 1 to 27 below are. Where the summary and a numbered section differ, the numbered section is what applies.* - **What you get.** spun.ink hosts and serves websites. You (or the AI agent you instruct) write them. There is **no web page for editing your site** — everything is done over MCP by your own AI client. If you were expecting a page builder, stop here: this is not one. - **Who signs.** The contract is between you and **City of Code GmbH**, Adnet, Austria. Your agent can start the sign-up, but the contract is only concluded when **you, a human, click the link in the e-mail we send and press the button on that page.** Software cannot accept these Terms for you. - **What it costs.** Free is €0.00. Pro is €19.00 net per month — **€22.80 including 20% Austrian VAT**. Agency is €199.00 net — **€238.80 with Austrian VAT.** Your own country's VAT may differ and Stripe shows the exact amount before you pay. Monthly, in advance, **no minimum term**, cancel any time to the end of the paid period. - **If you are a consumer**, you have **14 days to withdraw** from a paid subscription without giving a reason, and you get **everything back** — we deduct nothing for the days you used. We do not claim any exception to that right. Section 9 and the **Right of withdrawal**. - **Your content stays yours.** You give us permission to store, copy, back up and serve it — that is what hosting is. We never use it for our own marketing. - **Your site is your responsibility.** Its imprint, its privacy notice, its cookie consent, its legality. The "Made with spun.ink" banner on a Free site is **not** an imprint for anybody. - **Some lawful content we still do not host.** Adult content, gore, gambling and the sale of weapons, drugs or tobacco are not published here even where they are legal — our own standards, not a claim about the law. Section 13.1, and section 2.2 of the Acceptable Use Policy. - **Reading a form submission sends it to your AI vendor.** When your agent calls `get_submission`, your visitor's data goes into your agent's model context. That is your instruction and your vendor, not ours. Section 5.2. - **If we ever restrict something**, we tell you what we did, why, and how to argue with it. The grounds are written down and exhaustive; we cannot invent new ones. Sections 13 and 14. - **You can leave and take everything with you.** Cancel any time, export everything, and we charge nothing for switching. Section 17. - **If we change these Terms**, you get 30 days' notice by e-mail, you can object, and you can leave free of charge. **Nothing is ever switched off because you have not accepted a change.** Section 22. --- ## Contents | § | | |---|---| | 1 | [The words we use](#1-the-words-we-use) | | 2 | [Who we are, and who you are](#2-who-we-are-and-who-you-are) | | 3 | [How this contract is concluded](#3-how-this-contract-is-concluded) | | 4 | [What the service is](#4-what-the-service-is) | | 5 | [Two things that surprise people](#5-two-things-that-surprise-people) | | 6 | [Plans, limits and the Free plan](#6-plans-limits-and-the-free-plan) | | 7 | [Prices, tax and payment](#7-prices-tax-and-payment) | | 8 | [Term, renewal and cancellation](#8-term-renewal-and-cancellation) | | 9 | [Your right of withdrawal *(consumers)*](#9-your-right-of-withdrawal-consumers) | | 10 | [Your Content: what is yours, and what you allow us to do](#10-your-content-what-is-yours-and-what-you-allow-us-to-do) | | 11 | [Handles, subdomains and custom domains](#11-handles-subdomains-and-custom-domains) | | 12 | [Your responsibilities for your Site](#12-your-responsibilities-for-your-site) | | 13 | [Content rules and moderation](#13-content-rules-and-moderation) | | 14 | [Suspension, termination by us, and how to contest it](#14-suspension-termination-by-us-and-how-to-contest-it) | | 15 | [Orders from authorities and courts](#15-orders-from-authorities-and-courts) | | 16 | [Data protection](#16-data-protection) | | 17 | [Switching, export and the end of the service](#17-switching-export-and-the-end-of-the-service) | | 18 | [What we promise about the service](#18-what-we-promise-about-the-service) | | 19 | [Liability](#19-liability) | | 20 | [Indemnity *(business Customers only)*](#20-indemnity-business-customers-only) | | 21 | [Force majeure](#21-force-majeure) | | 22 | [Changes to these Terms and to the service](#22-changes-to-these-terms-and-to-the-service) | | 23 | [Complaints and out-of-court dispute resolution](#23-complaints-and-out-of-court-dispute-resolution) | | 24 | [Governing law and courts](#24-governing-law-and-courts) | | 25 | [Notices and how we communicate](#25-notices-and-how-we-communicate) | | 26 | [Final provisions](#26-final-provisions) | | 27 | [Contact, the other documents, and this version](#27-contact-the-other-documents-and-this-version) | --- ## 1. The words we use These words carry the same meaning in all six spun.ink Legal documents. We use them consistently and we do not use synonyms for them. | Word | What it means | |---|---| | **Customer**, also **you** | The natural person who instructs the Agent, or the legal entity that person represents and warrants authority to bind. Identified by the account e-mail address and, where one has been given, by the business declaration on file. | | **Owner** | The Customer, used where the human role matters rather than the contracting party — "the Owner clicks the verification link". It is not a third role. | | **Agent** | Your own AI client, connected to spun.ink over MCP. **It is your agent, not ours.** We neither provide it nor operate it, and spun.ink makes no calls to any AI model. Everything an Agent does with a credential of your account is your own act. | | **Operator token** | A delegated credential an Agency-plan Customer issues so that another person's Agent can operate one Site or the account. It carries no separate acceptance of these Terms. | | **Site** | One website belonging to your account: its own address, content, templates, layout, navigation, settings, collections, blogs and forms. | | **Content** | Everything you or your Agent create, upload or fetch into a Site — pages, posts, templates, blocks, collections, records, navigation, settings and uploaded assets, including every revision snapshot and every backup copy of them. | | **Visitor** | Anyone who visits a Site. Visitors are **not** our customers and have no contract with us. You are their controller and their point of contact. | | **Submission** | Data a Visitor sends through a form on a Site. We store it for you; only your own Agent can read it; it can be deleted one row at a time. | | **Plan** | The service tier: **Free**, **Pro** or **Agency**. | | **Free plan** | The €0.00 tier: one public Site, the plan ceilings in the Acceptable Use Policy, and a fixed "Made with spun.ink" attribution banner on every page. **That banner is not an imprint for anybody** and must never be relied on as one. | | **Consumer** | A natural person acting outside their trade or profession (§ 1 KSchG). | | **Business Customer** | A Customer acting in the course of a trade, business or profession. | | **Legal documents** | These Terms, the Privacy Notice, the Legal notice, the Data Processing Agreement, the Acceptable Use Policy and the Right of withdrawal, together. | **1.1 Consumer by default.** We treat **every Customer as a Consumer** unless you tell us that you are acting as a business. Today there is exactly one place where you tell us: the **legal name and VAT identification number you enter at Stripe Checkout** when you take a paid plan. Those are what your invoice is made out to and what decides whether Austrian VAT is charged or the reverse charge applies. If you are a business on the Free plan, or you want us to know before you pay, write to `support@spun.ink` — that is the only other channel, and we would rather name it than point you at one that does not exist. Saying nothing is the protective default. **Naming a business never removes a protection a private individual would otherwise have** — under § 2 Abs 2 KSchG consumer protections cannot be contracted away, and a declaration that turns out to be wrong does not change what you actually are. **1.2 Which document wins.** Where two Legal documents conflict: 1. the **Data Processing Agreement** prevails on anything to do with processing personal data; 2. the **Right of withdrawal** prevails on withdrawal mechanics; 3. otherwise **these Terms** prevail. The Legal notice is statutory information and never overrides a contract term. **1.3 Clauses marked *(Business Customers only)*** do not apply to a Consumer at all. Where a section has two limbs, the consumer limb is always the one that applies to you if you are a Consumer. --- ## 2. Who we are, and who you are ### 2.1 Us spun.ink is a product and service of: ``` City of Code GmbH Adnet 436, 5421 Adnet, Austria E-mail: support@spun.ink · +43 664 8111838 Commercial register: FN 362676y · Firmenbuchgericht: Landesgericht Salzburg VAT identification number: ATU66573656 Managing director (Geschäftsführer): DI Norbert Egger, BSc Chamber membership: Wirtschaftskammer Salzburg, Fachgruppe UBIT Trade (Gewerbe): Dienstleistungen in der automatischen Datenverarbeitung und Informationstechnik (IT-Dienstleistung), granted in Austria · GISA no. 18008487 Applicable trade law: Gewerbeordnung 1994 (ris.bka.gv.at) Trade authority (Gewerbebehörde): Bezirkshauptmannschaft Hallein ``` The full statutory notice, our contact points for authorities and for recipients of the service, our supervisory authority and the information on where your data physically lives are in the **Legal notice** (`spun.ink/legal/imprint`). ### 2.2 You You are the Customer as defined in section 1: the human who decides and pays, or the entity that human represents. ### 2.3 Authority to bind **You may not enter into these Terms on behalf of an organisation, company or other entity unless you have the legal authority to bind that entity.** By concluding this contract you warrant that: - you are the person the account e-mail address identifies, or an authorised representative of the entity you name; - you instructed the sign-up — where an Agent made the call, it made it on your instruction and for you; and - the information you or your Agent gave us is accurate. *Why this clause: we never meet you and, on the MCP path, the account may be created by software. The warranty is the only thing that tells us whom we are contracting with. It asks you to confirm facts you already know and imposes no other burden.* ### 2.4 Your Agent, and everything done under your account Your Agent is yours. spun.ink makes **no calls to any AI model**, holds no key with any model vendor on your behalf, and has no contract with the vendor your Agent uses. **Everything done with any credential of your account — the account's bearer token, any Operator token, and every action any Agent performs with them — is your own act and your own responsibility.** That includes actions you did not specifically foresee. Keep your credentials secret; if one is exposed, rotate it (`rotate_token`) at once and tell us at `support@spun.ink`. **Business Customers only.** If you issue Operator tokens, you must pass these Terms, the Acceptable Use Policy and the confidentiality duties in the Data Processing Agreement on to every person who holds one, and you remain responsible for everything they and their Agents do. An Operator token holder never accepts these Terms separately and never needs to — your acceptance covers the whole account. *Honest note: spun.ink does not currently record **which** token performed a given action. If that matters to you, issue one Operator token per person and revoke rather than share.* ### 2.5 Age and capacity To conclude this contract you must be **at least 14 years old**, or a business with authority to contract. This is our own rule, not a statutory threshold, and we set it because an account carries publishing duties towards the public. We do not verify age; if you tell us an account was opened by someone below that age, write to `support@spun.ink` and we will close it and erase it. --- ## 3. How this contract is concluded *This section is the information § 9 Abs 1 ECG requires us to give you before you make your declaration, plus the facts a Consumer needs under § 4 FAGG. It is deliberately concrete.* ### 3.1 Two ways in, one binding moment An account can be created in two ways: 1. **You fill in the form at `spun.ink/signup`** — a human, in a browser. Directly above the button that creates the account, and before you press it, the form tells you that pressing it means you agree to these Terms, and links them. 2. **Your Agent calls the `sign_up` tool over MCP**, after showing you these Terms — the tool tells it to, in the same sentence the form shows, and hands it the version and content hash so it can give you a copy that names exactly what you were shown. **In both cases the contract is concluded at the same moment: when you, the Owner, open the confirmation e-mail we send to the account address and press the button in it.** Until you press that button, nothing of your Site is served publicly and no paid subscription can be started. ### 3.2 Your Agent's call is not the acceptance When your Agent creates the account, we record which version of these Terms was live at that moment — the version it was told to show you. **That record does not by itself bind you.** The binding act is the click in the confirmation e-mail, from the mailbox you gave us. We will not overstate what that click proves. It proves control of that mailbox — the same thing a password reset proves anywhere else — and if you have given an Agent access to your mail, that Agent can perform it for you, which is your arrangement to make. What the click gives us both is a moment that is separate from the Agent's own call, on an address that is yours, against a version of these Terms we can still produce years later. *Why we do it this way: an acceptance recorded nowhere proves nothing about what anyone agreed to. This costs you one click and it is the reason a court can be told who agreed to what, and when.* ### 3.3 The technical steps, in order | Step | What happens | |---|---| | 1 | These Terms are readable, in full, before anything is created — at `spun.ink/legal/terms` and, as plain markdown, at `spun.ink/legal/terms.md`. No login and no JavaScript are needed, and your Agent can fetch them with no credential. | | 2 | You press the button on the sign-up form — under a sentence naming these Terms and linking them — or your Agent calls `sign_up`. | | 3 | We create the account and its first Site, and send a confirmation e-mail to the address given. | | 4 | That e-mail names these Terms and their version, links them and the Privacy Notice, points out the two things in them that surprise people, and carries one button. | | 5 | You press that button. **The contract is concluded at that moment**, your address is confirmed, and your Site becomes eligible to be served publicly. | | 6 | A paid plan, if you want one, is a separate step: you take it at Stripe Checkout, and we send its own confirmation e-mail afterwards (sections 7 and 9). | ### 3.4 Correcting a mistake before you commit On the web form you can change every field until you press the submit button; nothing is sent before that. On the MCP path, your Agent can read back and correct the values before calling `sign_up`, and the tool refuses a malformed e-mail address or handle with a structured error naming what is wrong. After the account exists, a wrong **handle** can be changed and a wrong **name** corrected through your account's own tools; a wrong **account e-mail address** cannot — see section 25.2, which says so plainly rather than leaving you to find out. ### 3.5 The contract text is stored, and you can read it back We store, for your account, **which version of these Terms was accepted, its content hash, when the account was created and when you confirmed it.** Your Agent can read all five at any time (`get_account`, the `legal` block), and every published version stays available at its own URL. You can save and print these Terms at any time from either format above; we will never tell you to ask us for a copy. ### 3.6 Language **The contract language is English.** All six Legal documents are written in English and English is the language in which the contract is concluded. If we ever publish a German version, it will be a courtesy translation and these Terms will say which language governs. We answer correspondence in **German and English**. ### 3.7 Codes of conduct We have not subscribed to any voluntary code of conduct (§ 9 Abs 2 ECG). --- ## 4. What the service is ### 4.1 In one paragraph spun.ink is an **agent-operated website platform**. You get one or more Sites. A Site's pages, posts, templates, layout, navigation, settings, collections, blogs and forms live as data in our system; our engine renders them and serves them to Visitors over HTTPS. Everything is created and changed through the **MCP management interface** by an AI client you bring. ### 4.2 Functionality, compatibility, interoperability *The law asks us to describe these precisely for a digital service (§ 4 Abs 1 FAGG; VGG). This is that description.* - **Functionality.** Authoring, versioning, publishing and hosting of websites; page and post content; reusable templates written in the Liquid template language; navigation; site settings and design tokens; collections of structured records; blogs with an Atom feed; forms and stored Submissions; file uploads; a full-text search over your own Site; revision snapshots with restore; preview links; on paid plans, custom domains with automatic TLS certificates. - **Compatibility.** You need an **MCP-capable AI client** and, for the paid steps, a browser and an e-mail address you can read. We do not supply the AI client, we do not certify any particular one, and we do not resell model capacity. Your Site is served to ordinary web browsers; no plug-in is required of your Visitors. - **Interoperability.** The management interface is the **Model Context Protocol** over HTTPS with a bearer token. Content is exchanged as JSON. Templates are Liquid. Assets are the files you upload. Everything you can create you can read back through the same interface — see section 17 for the export and switching rights that follow from that. - **What we do not do.** We make no AI model calls of any kind. We do not write, choose, rank, recommend or check your content. We provide no e-mail sending for your Site, no analytics, no consent tool, no shop and no user accounts for your Visitors. ### 4.3 Where a Site is served Every Site is served on its own address — `.myspun.ink` by default, and, on a paid plan, on your own domain as `www.` once it is verified. Sites are on a **separate domain from the platform itself** so that one Customer's Site cannot reach another's, or ours. ### 4.4 Availability, honestly stated We run spun.ink on managed cloud infrastructure in the European Union and we intend it to be available continuously. **We do not promise a service level, we publish no uptime figure, and there is no credit scheme.** We are a micro-enterprise; a promise we cannot measure would be worth nothing to you. Planned maintenance that we expect to interrupt serving is announced to the account e-mail address in advance where circumstances allow. Nothing in this paragraph limits the statutory warranty in section 18 or your rights if the service does not conform to the contract. ### 4.5 Support Support is by e-mail at `support@spun.ink`. We answer in German and English. There is no telephone hotline and no ticket system. Defect reports have their own channel and their own promise: section 18.3. --- ## 5. Two things that surprise people *We put these here, in their own section, near the front, rather than in the body of a long document. Under § 864a ABGB a clause of unusual content that disadvantages the other party does not become part of the contract at all unless it was specially pointed out. These two are pointed out.* ### 5.1 There is no web page for editing your site **spun.ink has no human administration interface for content. None.** There is no dashboard, no page builder, no drag-and-drop editor, no WYSIWYG, no form to type a blog post into. Every change to a Site is made by an AI client of yours, over MCP. What that means in practice: - **You must bring your own MCP-capable AI client** and be able to connect it. We give you the endpoint and a token; we do not give you the client and we cannot support one we did not write. - **If you lose access to an AI client, you cannot edit your Site** until you have one again. Your Site keeps being served; you just cannot change it. - The web pages spun.ink does have are for the account, not for content: sign-up, the confirmation page, `recover`, the billing links and these Legal documents. If that is not what you want, do not conclude this contract. It is the central characteristic of the service, and we would rather you know it now than discover it after paying (§ 871 ABGB). ### 5.2 Reading a form submission sends it to your AI vendor **Please read this one.** When your Agent calls `get_submission`, the Visitor's form data is returned **verbatim into your Agent's context** — which means it is transmitted to whatever AI model vendor your Agent uses, under your own account with that vendor. - spun.ink makes no model calls and has **no contract with that vendor**. - **For that step you are the controller.** It is your instruction, your vendor, your responsibility — including telling your Visitors about it in your own privacy notice where that applies. - Accepting these Terms, and with them the **Data Processing Agreement**, is the documented instruction under which we hand you that data (section 7 of the DPA). - If you do not want visitor data reaching a model vendor, do not have your Agent read Submissions. Nothing else in the service does it for you. --- ## 6. Plans, limits and the Free plan **6.1 The plans.** Free, Pro and Agency. What each one includes, and every ceiling we actually measure and enforce — Sites, content documents, collection records, stored assets, monthly Submissions, Operator tokens, revision history, handle length, custom domains — is in **section 4 of the Acceptable Use Policy** (`spun.ink/legal/acceptable-use`), which is part of these Terms. We keep the numbers in one place so that they cannot drift apart. **6.2 Reaching a ceiling is never destructive.** Your Agent gets a precise, structured error naming the limit and your usage. Your Visitors never see a broken Site. **Nothing already stored is deleted, hidden or withheld because you are over a ceiling**, and reading and exporting your own data stays available on every plan, always. **6.3 Downgrading never deletes anything.** Dropping from Pro to Free — whether you choose it or it follows non-payment — does not delete Sites, Content or assets. It stops you creating more, and the Free-plan ceilings and the attribution banner apply again. Two Free-plan ceilings work as a floor and a prune rather than a refusal (short handles; revisions older than 30 days), and the Acceptable Use Policy describes both; neither ever touches your published Site, your working draft, your Content or your assets. **6.4 The Free plan and its banner.** A Free Site is a real, public website with the same duties as a paid one. Every page of a Free Site carries a fixed **"Made with spun.ink · Build yours free"** banner, rendered by the engine and not removable from a template. Taking Pro removes it. **The banner is not an imprint, a legal notice or a disclosure for anybody** — not for us and not for you. If your Site needs an imprint, you must publish one: section 12. *Why the banner: it is the price of the Free plan, and it is stated before you sign up rather than introduced later.* --- ## 7. Prices, tax and payment ### 7.1 The prices | Plan | Net per month | **Gross for a consumer in Austria (20% VAT)** | |---|---|---| | **Free** | €0.00 | **€0.00** | | **Pro** | €19.00 | **€22.80** | | **Agency** | €199.00 | **€238.80** | For Consumers the **gross figure is the price**; the net figure is shown alongside it for information (§ 4 Abs 1 Z 4 FAGG, § 9 PrAG, § 5 Abs 2 ECG). Business Customers are quoted net. **Your VAT depends on your country.** The rate is determined by where you are, not by where we are; Stripe calculates it and shows the exact total **before you pay**. - **EU Business Customer with a valid VAT identification number:** enter it at checkout and the **reverse-charge procedure** applies — the invoice carries no Austrian VAT and you account for the tax yourself. Without a valid number we must treat you as a private customer and charge VAT. - **Outside the EU:** our prices do not include taxes, duties or charges that may be payable where you are. Those are yours. ### 7.2 What you pay, and when - **Monthly, in advance.** The subscription renews automatically each month until it is cancelled. - **No minimum term, no set-up fee, no early-termination penalty, no switching charge** (section 17). - **No surcharge for any payment method** and **no add-on is ever pre-selected or defaulted** — we will not charge you anything beyond the plan price you chose without your express agreement to that further payment (§ 6c KSchG). - **Accepted payment methods:** the cards and other payment methods Stripe offers you at checkout for your country. These are named on the pricing page, at the start of the ordering process, not only at the end. - Our offer is open across the European Union. We do not set a different price, refuse a sale or refuse a payment instrument because of your nationality, your place of residence or your place of establishment. ### 7.3 Who you are contracting with, and who takes the money **The contract and the invoice are with City of Code GmbH. We are the seller of record.** Stripe Payments Europe, Ltd. processes the payment, hosts the checkout page and the billing portal, and issues the invoice on our behalf. Your card details never reach spun.ink. ### 7.4 Electronic invoices **By accepting these Terms you agree to receive invoices electronically** (§ 11 Abs 2 UStG). Invoices are issued in electronic form and are available in the Stripe billing portal, reachable from a link your Agent can mint at any time (`create_billing_portal_link`). If you would rather have them another way, write to `support@spun.ink` and we will arrange it. ### 7.5 If a payment fails Stripe retries the payment on its configured schedule and e-mails you about it. **Your plan stays active for the whole retry period** and nothing of yours is deleted, hidden or suspended during it. If the subscription is finally cancelled for non-payment, the account **drops to the Free plan** — the Free-plan ceilings and banner apply again, nothing is erased, and you can start Pro again at any time. We charge **no dunning fee and no collection costs**. Statutory default interest may apply; we will not claim any cost of collection that is not itemised and necessary (§ 6 Abs 1 Z 15 KSchG). ### 7.6 Changing plans Moving between paid plans runs through the Stripe billing portal. **Consumers:** we treat an upgrade to a higher paid plan as a new distance contract, so a fresh 14-day withdrawal period runs for it, on the same terms as section 9 — including the full refund. ### 7.7 Price changes **The price is fixed for each period you have paid for.** We never change the price of a period you have already paid. For future periods we may change a price. A price change is made through the change procedure in section 22: at least **30 days' notice** to your account e-mail address, saying what changes, why and from when; you may **object**; and you may **terminate free of charge** with effect from the date of the change, in which case you pay nothing for any period after it. If you do neither, the new price applies from the first period beginning on or after the effective date. If our own costs fall, the same mechanism runs in your favour. *Why this clause: § 6 Abs 1 Z 5 KSchG does not allow us to help ourselves to a higher fee at will. So we do not reserve that right at all — a price change is an offer you can refuse by leaving, with no cost and no notice period.* ### 7.8 Records Invoices and the customer record are held at Stripe and **must be kept for seven years** under § 132 BAO. They survive the deletion of your account. The **Privacy Notice** explains what they contain. --- ## 8. Term, renewal and cancellation **8.1 Free plan.** No term. It runs until you delete the account or we terminate the contract under section 14. **8.2 Paid plans.** One month, renewing automatically for a further month each time, **until you cancel**. There is no minimum term and no notice period. **8.3 How to cancel.** In the Stripe billing portal — your Agent can mint a link to it at any time (`create_billing_portal_link`), and **we never gate that tool**, whatever else is going on with your account. You may also simply write to `support@spun.ink`; we will not require a particular form or channel. Cancellation takes effect at **the end of the period you have paid for**; your Site keeps being served until then. **8.4 What cancellation does.** At the end of the paid period the account returns to the **Free plan**. Nothing is deleted. If you are above a Free-plan ceiling, section 6.2 applies: you cannot create more, and what exists stays. **8.5 The running month is not refunded** when you cancel — you keep the service until the end of the period you paid for. The one exception is a Consumer's withdrawal within the first 14 days (section 9). **8.6 Deleting the account.** You can delete the account entirely (`delete_account`); for a confirmed address this needs a confirmation from your mailbox, exactly like sign-up. Deletion erases your data as described in section 17.6 and **forfeits any remaining paid time, which is not refunded** — **except** while a Consumer's 14-day withdrawal period is still open, where you can withdraw and get a full refund instead of deleting outright (section 9). Write to `support@spun.ink` in that case. Deleting is irreversible. *Why the forfeiture: deletion is your choice, immediate and complete, and we cannot un-delete. The carve-out for the withdrawal window exists because the statutory right must not be defeated by the way we built the button.* **8.7 Termination by us.** We may terminate this contract only on a ground in section 14, or under section 21 (force majeure lasting more than 30 consecutive days, which lets **either of us** end the contract). We do not reserve a right to terminate without an objective reason. --- ## 9. Your right of withdrawal *(consumers)* *The full instruction, the statutory model text and the model withdrawal form are in the **Right of withdrawal** document (`spun.ink/legal/withdrawal`), which is part of these Terms and prevails over this section on any point of withdrawal mechanics.* **9.1 The right.** If you are a **Consumer** and you take a paid plan at a distance, you may withdraw from that contract **within 14 days without giving any reason**. The period runs from the day the contract was concluded; the day of conclusion itself is not counted. **9.2 How.** Send us an unambiguous statement that you are withdrawing — to **`support@spun.ink`**, or by post to the address in section 2.1. The model form may be used but is **not** mandatory; a plain e-mail is enough. **9.3 We take no § 10 declarations.** § 10 FAGG would let us charge for starting inside the withdrawal period, but only against two separate, actively ticked declarations. Checkout is Stripe's hosted page and stays that way — there is no spun.ink consent page in front of it — so those declarations are **not collected**. The one box you tick at Stripe Checkout is your agreement to these Terms; it is not a § 10 declaration and we will not treat it as one. **9.4 What you pay if you withdraw. Nothing.** § 16 Abs 1 FAGG makes a proportional payment conditional on a § 10 request that we never ask for, so none is owed. **No other charge may be imposed on you because you withdrew** (§ 16 Abs 4 FAGG). Your plan still starts immediately; those first 14 days are at our risk, by our choice. **9.5 The refund.** We refund **everything you paid, without undue delay and at the latest within 14 days** of receiving your withdrawal, using the same means of payment you used, at no cost to you. **9.6 We claim no exception.** § 18 Abs 1 Z 1 FAGG lets a trader argue that a fully performed service ends the right. **We do not claim that exception and we will not argue it against you.** A spun.ink subscription is provided continuously and renews monthly; there is no point inside your first 14 days at which it has been "provided in full". We also do not claim the digital-content exception in § 18 Abs 1 Z 11 FAGG. **9.7 Confirmation on a durable medium.** After a paid subscription starts we send you a confirmation e-mail containing the full pre-contractual information set, the price you pay including tax, the term and cancellation path, and the withdrawal instruction with the model form **inline** (§ 7 Abs 3 FAGG). Keep it — a link to a website is not a durable medium and does not replace it. **9.8 Business Customers have no withdrawal right.** It belongs to Consumers only. Section 8 governs your cancellation. --- ## 10. Your Content: what is yours, and what you allow us to do ### 10.1 Your Content is yours You keep every right you have in your Content. Nothing in these Terms transfers ownership, copyright, or any other right in it to us. ### 10.2 The licence you give us, and exactly how far it goes To host a website we have to copy it. So you grant us a **non-exclusive, worldwide, royalty-free licence, for as long as your account exists and for as long as the technical copies described below survive, to store, reproduce, snapshot, back up, cache, transmit, publicly make available and display your Content** — in each case **solely in order to provide the service to you**. Under Austrian copyright law those acts are the reproduction right (§ 15 UrhG) and the making-available right (§ 18a UrhG), within the general exploitation right in § 14 UrhG. **This licence expressly covers copies that outlive an edit or a deletion**, because the service would not work otherwise: - **revision snapshots**, so that you can restore an earlier version; - **published snapshots**, which are what the public actually sees until you publish again; - **backups and replicas** at our infrastructure provider, which are removed on that provider's own schedule and can take **up to 180 days** to disappear after you delete something; - **caches** created while serving a page. **What the licence does not permit.** We do not use your Content for advertising, marketing, case studies, showcases, benchmarks, training any model, or any other purpose of our own. **If we ever want to show your Site as an example, we will ask you first and you may say no.** *Why this clause: it is the minimum permission hosting requires, and it is written out — including the copies that outlive an edit — so that nothing about how the service actually works is hidden in a general phrase.* ### 10.3 Your warranty about Content You warrant that you hold, or have permission covering, all rights needed for every part of your Content — text, images, fonts, icons, code, audio, video and anything else. **That includes every asset your Agent fetches from a URL on your instruction:** a fetch is your act, not ours, and the same warranty applies to it as to a direct upload. ### 10.4 Our position We neither author nor select your Content. We host it at your request. Under the Digital Services Act you are the recipient of the service and the person responsible for what is published; our role is storage and transmission. --- ## 11. Handles, subdomains and custom domains **11.1 A handle is not property.** The handle that addresses your Site is granted for use while your account exists. You acquire no ownership, no trade-mark right and no right to transfer or sell it. **11.2 Reserved names.** Some handles can never be claimed — infrastructure and mail names, authentication and billing words, our own brand, and words that would let a Site speak with our voice. The four reserved families are listed in **section 6.2 of the Acceptable Use Policy** and are enforced by the engine; your Agent can read the current list at any time (`capabilities`). The list may be extended when a new impersonation risk appears. **11.3 Someone else's name or mark.** A handle, subdomain or custom domain that infringes another person's name or mark can be the subject of a substantiated claim. In Austria the relevant rules are **§ 43 ABGB** (name), **§ 10 MSchG** (registered trade mark) and **§ 9 UWG** (business identifiers); comparable rules exist elsewhere. On a substantiated claim, or on an order from a court or authority, we may require you to rename, reassign the handle, or suspend the Site under section 14 — **after telling you and giving you a chance to answer**, unless an order leaves us no time. *Why this clause: without it our only options against a well-founded third-party claim would be to ignore it or to terminate you outright. A rename is the least intrusive answer, and you get to argue first.* **11.4 Released handles.** When an account is deleted, its handle and any custom domain are recorded in a tombstone so that the address cannot immediately be taken over by someone else. The tombstone holds no Content and no Visitor data and is kept permanently. **11.5 Custom domains** *(paid plans)*. You bring your own domain and point `www.` at us with a CNAME record. **The domain stays yours**; we neither register it nor hold it. We obtain and renew the TLS certificate for it automatically. If your plan ceases to be a paid one, we stop serving your Site on that domain — the domain, its registration and its DNS are unaffected and remain entirely under your control. Details: `spun.ink/docs` (custom domains). --- ## 12. Your responsibilities for your Site We host your Site. **Everything a publisher owes to the public, you owe.** We give no legal advice and we do not check your Site for compliance with anything. These duties are set out in full in **section 5 of the Acceptable Use Policy**; in outline: - **An imprint / legal notice.** Most Sites need one — in Austria under § 5 ECG for a business site and under § 25 MedienG for the disclosure duty, with equivalents in every EU member state and in many countries beyond. Publish it as its own page and link it from your navigation. **The Free-plan banner does not do this for you and never will.** - **A privacy notice for your Visitors**, and a way for a Visitor to reach *you* rather than us. - **Consent for anything you inject.** spun.ink sets only strictly necessary cookies and **ships no consent tool of any kind**. If you add analytics, pixels, embedded media, third-party fonts or anything else through your Site's head or body code, the consent mechanism is yours to build and to run, to the standard the law sets: no cookie wall, no pre-ticked box, refusing as easy as accepting, withdrawing as easy as consenting. - **Lawful forms.** Collect only what you need, say what you do with it, never pre-tick a consent box. - **AI labelling.** If your Site publishes AI-generated text on matters of public interest, or deep-fake image, audio or video content, the labelling duties under **Article 50(4) of the AI Act** fall on you as the deployer of your own Agent, not on us. - **Accessibility.** Making your Site accessible is your duty where the law imposes one on you. Our engine's defaults aim at good practice; they are not a certification of your Site. - **Mail you send to your Visitors** is yours — in Austria § 174 TKG 2021 forbids electronic mail for direct marketing without prior consent. spun.ink sends no mail on your behalf. - ***Business Customers only:*** if you sell to consumers from your Site, the pre-contractual information, the withdrawal instruction, the price display and the dispute-resolution statement are yours to get right. Ours cover our contract with you, not your contract with your customers. --- ## 13. Content rules and moderation *This section is the information Article 14(1) of the Digital Services Act requires: the restrictions we impose on the use of the service, and the policies, procedures, measures and tools we use for content moderation. The **Acceptable Use Policy** carries the full text; it is part of these Terms and its section numbers are given here so you can go straight to the detail.* ### 13.1 What may not be published In outline — the full and **exhaustive** list is in **sections 2 and 3 of the Acceptable Use Policy**: - **illegal content** of any kind (Article 3(h) DSA — if it is illegal offline, it is illegal here); - **child sexual abuse material** — zero tolerance, removal on discovery, account terminated, reported to the competent authorities; - **terrorist content** as defined in Article 2(7) of Regulation (EU) 2021/784; - **infringement of other people's rights** — copyright, marks, designs, trade secrets, name and personality rights, including anything your Agent fetches by URL; - **phishing, malware and deception**, including pages imitating another organisation's identity; - **hate, violence and harassment**; **doxxing and violations of privacy**; **spam**; **fraud and consumer deception**; content unlawful to make available to minors; - **attacks on the platform itself** — bypassing security, reaching across the tenant boundary, using us as a proxy or a file drop, mining, load generation, evading limits, impersonating us, abusing the report channel. And, separately from all of the above, **lawful content we still do not host** — sexual and adult content, graphic violence and gore, gambling and speculative money offers, and the sale of weapons, drugs, tobacco or vaping products. These are **our house standards**, set out in **section 2.2 of the Acceptable Use Policy** with the carve-outs that belong to each of them. They are a contractual restriction on lawful content, which Article 14(1) of the Digital Services Act requires us to disclose to you in advance — never a claim that the content is illegal, and a measure taken on this ground says so. ### 13.2 Terrorist content — our policy statement *This is our statement under Article 7(1) of Regulation (EU) 2021/784, which binds every hosting service offering services in the Union whatever its size.* Terrorist content may not be published through spun.ink. **Where we become aware of it — from a notice, from an authority, or otherwise — we remove it or disable access to it.** A removal order from a competent authority is executed **within one hour of receipt**. **We use no automated tools to detect terrorist content**; every case is decided by a person. The contact point for removal orders, and the languages it accepts, are in the **Legal notice**. ### 13.3 How moderation actually works here - **We do not use automated content moderation.** No filter, no classifier, no scanner, no algorithmic decision-making. Every measure is decided by a person. - **We do not monitor.** We look at content when someone tells us about it, when an authority orders us to, or when we happen to notice something. - **Anyone can report illegal content** to **`abuse@spun.ink`**. Section 7 of the Acceptable Use Policy sets out what a notice needs, that several URLs may be reported in one notice, that reports about child sexual abuse material may be anonymous, that we acknowledge receipt, and what happens next. - **The measures we can take**, from lightest to heaviest, are: contact and warning → unpublish the specific Content → **suspend the Site (every public URL answers HTTP 410 Gone, while your management access stays open so that you can fix the problem and export your data)** → terminate the account. We take the least intrusive measure capable of dealing with the problem (Acceptable Use Policy section 8). - **You always get a statement of reasons** — section 14.2 below. - **You can always contest it** — section 14.3 below. ### 13.4 Our category spun.ink is a **hosting service** within the meaning of Article 3(g)(iii) of the Digital Services Act. We are not an online platform: each Site has its own address, there is no shared interface on which content from different Customers meets, and nothing is ranked or recommended. As a micro-enterprise we are exempt from the annual transparency report in Article 15 DSA — and from nothing else. The reasoning, and the honest caveat that this classification is our own reading with no court or regulator decision on website platforms, is in the **Legal notice**. --- ## 14. Suspension, termination by us, and how to contest it ### 14.1 The grounds — and there are no others We may warn you, take Content down, suspend a Site or terminate this contract **only** on one of these grounds: 1. a breach of **sections 2, 3, 4, 5 or 6 of the Acceptable Use Policy** — those sections are the complete and exhaustive list, and we may not act against you on a ground that is not written there; 2. a **binding order** from a competent authority or court (section 15); 3. **non-payment** after the retry period in section 7.5 — and the consequence of that is a downgrade to Free, not a suspension; 4. a **substantiated third-party name or mark claim** that a rename cannot resolve (section 11.3); 5. **insolvency proceedings** over your assets, or your dissolution, where the contract can no longer be performed. These five are the only grounds on which **we** may act against you. Section 21 separately gives **either of us** a no-fault right to end the contract after 30 consecutive days of force majeure — that is not a sanction, so it sits outside this list, but we say so here to keep this section's "no others" claim accurate. *Why we bind ourselves: under § 6 Abs 2 Z 1 KSchG a clause letting a trader walk away from a consumer contract "ohne sachliche Rechtfertigung" is not binding on the consumer. Rather than rely on a vague formula, we name the grounds.* ### 14.2 You always get a statement of reasons Whenever we restrict your Content or your Site because we consider it illegal or incompatible with these Terms, you receive a **statement of reasons by e-mail to your account address, at the latest when the measure takes effect** (Article 17 DSA). It names what we did, its scope and duration, the facts we relied on, whether we acted on a notice or on our own initiative, **whether automated means were used — the answer today is always no**, the legal ground or the exact paragraph of the Acceptable Use Policy we applied, and how to contest the decision. The one exception is a measure taken on an **order under Article 9 DSA**, where Article 17(5) replaces the statement of reasons with the Article 9(5) information — that the order arrived, what effect we gave it, its reasons, its territorial scope and your redress possibilities. You get that instead. ### 14.3 How to contest a measure 1. **Reply and ask for a second look.** Answer the notice or write to `support@spun.ink`. **A person re-reviews the decision** — someone who reads your argument. Where a measure turns out to have been unjustified we reverse it without undue delay, on our own initiative, and you do not have to ask twice. This internal review is voluntary: the internal complaint system in Article 20 DSA and the certified out-of-court settlement in Article 21 DSA bind online platforms, which we are not. We offer it anyway, because a restriction you cannot argue with is not a fair contract term. 2. **Complain to the regulator.** You may complain about us to the Austrian Digital Services Coordinator, **KommAustria**, supported by RTR-GmbH (Article 53 DSA; KDD-G). Contact details are in the **Legal notice**. 3. **Go to court.** Nothing here limits that. Section 24 says which court. ### 14.4 Honest description of the mechanism today Content takedown, Site suspension and account termination are carried out **by an operator from a console**. There is no automated per-item lever, no self-service reinstatement button and no restriction field in the management interface — a measure and its reasons reach you **by e-mail to the account address and nowhere else**. That is a known gap and it is on the roadmap. Keep the account e-mail address monitored and reachable: it is the only channel we have to you. ### 14.5 Notice before we act, where we can Except where an order or a manifest illegality leaves no time, we contact you first, name the item and the ground, and give you a period to fix it. Termination is never our first answer to a first breach. ### 14.6 What happens after a termination by us Your rights under section 17 — export, retrieval period, erasure guarantee — apply to a termination by us exactly as they apply to one by you. Where an authority's order or the nature of the breach makes that impossible, we say so and explain why. --- ## 15. Orders from authorities and courts **15.1 We hand over account data only when the law makes us.** Specifically: - on an **order under Articles 9 or 10 of the Digital Services Act** issued by a competent national authority against illegal content or seeking information; - on an **order of an Austrian court or administrative authority under § 13 ECG** (information to identify a user for the prevention, investigation or prosecution of criminal offences, or names and addresses where an authority needs them for its statutory tasks); - to a **private third party** only where a court has ordered it in the proceeding § 14 ECG provides for. We do not disclose your identity to a claimant on request. **15.2 We tell you.** We inform you of an order affecting you and give you a copy, unless the order or the law forbids it, or unless doing so would defeat a law-enforcement purpose for as long as that is the case. **15.3 Threats to life or safety.** If information on a Site gives rise to a suspicion that a criminal offence involving a threat to the life or safety of a person has taken place, is taking place or is likely to take place, we inform the competent authorities (Article 18 DSA; Article 14(5) of Regulation (EU) 2021/784). **15.4 Requests from outside the EU.** A decision of a court or authority of a third country is recognised by us **only where it is based on an international agreement in force, such as a mutual legal assistance treaty** (Article 32(2) of Regulation (EU) 2023/2854). Where we must respond, we provide **the minimum amount of data permissible**, and **we inform you before complying** unless the request serves law-enforcement purposes and for as long as secrecy is necessary to keep that effective (Article 32(4) and (5)). **15.5 Where your data lives, and what protects it.** The jurisdiction of the infrastructure we use and a general description of the technical, organisational and contractual measures we take against unlawful third-country governmental access are published in the **Legal notice** at **`spun.ink/legal/imprint#data-act`** (Article 28(1) and (2) of Regulation (EU) 2023/2854). That URL is named here because the Regulation requires the contract to list it. --- ## 16. Data protection **16.1 Two roles, and they are different.** - For your **account, billing, feedback and log data**, City of Code GmbH is the **controller**. What we hold, why, on what basis, for how long and who else sees it is in the **Privacy Notice** (`spun.ink/legal/privacy`). - For **everything your Site collects from your Visitors**, **you** are the controller and we are your **processor**. A Visitor with a question about your Site must contact you, not us. **16.2 The Data Processing Agreement is included — there is nothing separate to sign.** The **Data Processing Agreement** (`spun.ink/legal/dpa`) is part of these Terms. **You accept it as part of these Terms for the plan you have booked**, and your acceptance is recorded with the version and content hash of the Terms that contained it. That satisfies the requirement in Article 28(9) GDPR that the contract be in writing, including in electronic form. In so far as we act as your processor, the DPA prevails over these Terms. **16.3 Sub-processors.** We use sub-processors — infrastructure, storage, error tracking, mail relay and payment. They are named, with what each does and where, in **Annex 2 of the DPA**, together with the general written authorisation, the **10-day objection window** and the channel on which changes are announced (your account e-mail address). There is no separate sub-processor page; Annex 2 is it. (Annex 1 is the catalogue of security measures.) **16.4 Submissions.** Submissions are yours. Only your own Agent can read them; we do not read them, use them or disclose them except as the DPA and section 15 provide. **Reading one sends it to your AI vendor** — section 5.2, and section 7 of the DPA. **16.5 Keep your account address reachable.** Sub-processor notices (Article 28(2) GDPR) and personal-data-breach notices (Article 33(2) GDPR) both go to the account e-mail address. See section 25. --- ## 17. Switching, export and the end of the service *This section is the contract content Article 25 of Regulation (EU) 2023/2854 — the Data Act — requires for a data processing service. It applies to every plan, Free included.* ### 17.1 Your right to switch, and the notice period **On request you may switch** to another provider of the same type of service, or port everything to your own infrastructure. You may also use several providers at the same time. - **Notice period to start a switch: none in practice.** The Regulation permits up to two months; we ask only that you tell us, and the switch starts when you do. For a paid plan the contract itself ends at the end of the period you have paid for (section 8). - Tell us at `support@spun.ink`, or have your Agent simply export — you do not need our permission to read your own data. ### 17.2 The transitional period: 30 calendar days Once a switch is initiated, a **mandatory maximum transitional period of 30 calendar days** runs. During it **this contract stays in force** and we will: - **assist you**, and any third party you authorise, in the switching process; - **maintain business continuity** and keep providing the functions and the service; - **tell you about known risks to continuity** on our side — today the material ones are that Liquid templates and the MCP tool vocabulary are specific to spun.ink and have no direct equivalent elsewhere, so page structure and design usually need rebuilding on another platform, and that a custom domain's DNS must be re-pointed by you at the moment you choose; - **keep security high throughout**, during the transfer and during the retrieval period in 17.5. **If 30 days is technically unfeasible** in your case, we will tell you **within 14 working days** of your switching request, justify the unfeasibility, and name an alternative period — which **cannot exceed seven months**. Continuity is maintained throughout it. **You may extend the transitional period once**, by a period you consider more appropriate for your own purposes. ### 17.3 What you can take with you — the exhaustive list Everything in this list is exportable: | Category | What it contains | |---|---| | Account profile | Account name, e-mail address, plan, and any business declaration on file | | Sites | Every Site with its settings, design tokens, head and body code, navigation | | Content | Every page and post, with its slug, key, fields, publication state and all of its blocks with their field data | | Templates | Every page, block and layout template, with its Liquid markup and its field schema | | Collections | Every collection definition and every record in it | | Blogs | Every blog and its configuration | | Forms | Every form definition | | Submissions | Every stored Submission, with its data and timestamp | | Assets | Every uploaded file, in its original form, with its metadata | | Revisions | Every revision and every revision snapshot still held for your plan | ### 17.4 What is not exportable — the exhaustive list These categories are specific to the internal functioning of the service, and exempting them cannot impede or delay a switch: | Category | Why | |---|---| | Engine source code and infrastructure configuration | Not your data; ours | | Credential digests (bearer tokens, Operator tokens) | One-way digests; useless outside spun.ink and dangerous to move | | The derived search index | Rebuilt mechanically from Content you already have | | Rate-limit and abuse-prevention state | Ephemeral operational state | | Released-handle and released-domain tombstones | Anti-impersonation records about addresses, not about your Content | | Billing records at Stripe | Our own controller data, kept seven years under § 132 BAO; your invoices are available to you in the billing portal | | Internal application logs | Operational records; the Privacy Notice covers them | ### 17.5 How the export works today, honestly - **The interface is open.** The MCP management interface is a machine-readable interface you can call yourself, on every plan, at any time, free of charge. Every category in 17.3 can be read through it in structured JSON, and asset files by their URLs. - **On request we will produce a complete export** of the categories in 17.3, in a structured, commonly used, machine-readable format, **free of charge**, within the transitional period. Ask at `support@spun.ink`. - **There is no `export_account_data` tool. We are not promising one here.** Today a complete export is produced by the read tools, or by us by hand on request. When such a tool ships we will say so; until then, this is what "export" means at spun.ink. - **The procedures, methods, formats and known limitations** of switching and porting are described at **`spun.ink/docs`**, which also serves as the up-to-date online register of the data structures, data formats and interface specifications in which exportable data are available (Article 26 of the Data Act). ### 17.6 Termination, retrieval and erasure - **The contract is terminated** when the switching process is successfully completed, or — where you do not want to switch but simply to erase — at the end of the notice period, which is **zero**: as section 17.1 says, we ask only that you tell us, so an erase-only request terminates the contract immediately. **We notify you of the termination.** - **A retrieval period of at least 30 calendar days** runs after the end of the transitional period. Your data stays available to you throughout it. - **After the retrieval period we guarantee full erasure** of all exportable data and digital assets you generated or that relate to you directly. Two exceptions, and only two: **billing records at Stripe**, which § 132 BAO requires us to keep for seven years, and the **handle and domain tombstones** in section 11.4, which hold no Content. Copies in our infrastructure provider's backup and replication systems disappear on that provider's schedule, **up to 180 days**; we will not tell you it is instantaneous. - **Deleting the account yourself** (`delete_account`) is the fast path: it erases immediately, with the same two exceptions, and skips the retrieval period because you chose to. See section 8.6. ### 17.7 Your three choices At the end of the notice period you tell us which one you want: 1. **switch to another provider** — give us the details of that provider and we will cooperate with them; 2. **switch to your own infrastructure**; 3. **erase** your exportable data and digital assets. If you tell us nothing, we do nothing: the account simply returns to the Free plan and your data stays where it is. ### 17.8 What switching costs **Nothing.** We charge **no switching charge, no exit fee, no early-termination penalty and no fee for an export**, on any plan. Until 12 January 2027 the Regulation would allow a provider to charge reduced, cost-based switching charges; **we do not**. From **12 January 2027** switching charges are prohibited outright (Article 29(1)). Our only fees are the plan prices in section 7. **Pre-paid time is not refunded** on cancellation, switching or deletion (section 8.5) — except during a Consumer's open withdrawal window (section 9). ### 17.9 Good faith, in both directions We will cooperate in good faith to make a switch effective, to enable a timely transfer and to keep the service continuous — **as the provider you are leaving, and equally as the provider you are moving to** (Article 27 of the Data Act). ### 17.10 *(Business Customers only)* Fairness limits on this section For clauses about access to, use of, switching and termination of the service, we will not rely on any term that would exclude our liability for **intent or gross negligence**, or that would prevent you from **obtaining a copy of your own data** during or after the contract, or that would let us change this section without a stated reason, notice and a free termination right for you (Article 13 of the Data Act). If a term of these Terms would have that effect, it does not apply. --- ## 18. What we promise about the service ### 18.1 Conformity with the contract We must provide the service **as described in these Terms and in the documentation**, free of defects, with the functionality, compatibility, interoperability, continuity and security you can reasonably expect of a service of this kind. **There is no "as is" disclaimer here and there is none anywhere else in this contract as against a Consumer.** ### 18.2 How long the warranty runs *(Consumers)* The service is provided **continuously**, so — unlike a one-off download — the warranty is not two years from a delivery date. **We are liable for every defect that arises or becomes apparent during the whole period for which we owe you the service** (§ 18 Abs 2 VGG). That is for as long as your subscription runs. ### 18.3 Reporting a defect Write to **`support@spun.ink`** with what you did, what you expected and what happened. We will confirm that we got it and tell you what we find. Statutory remedies — repair, price reduction, termination — are unaffected by the channel you use. ### 18.4 Updates We keep the service conforming to the contract. **We will provide the updates necessary for that for the whole period we owe you the service**, and we will tell you about an update before it happens where it is more than routine (§ 7 VGG). If you use software of your own to reach spun.ink and do not keep it current, we are not liable for a defect caused only by that. ### 18.5 What we do not promise We do not promise that the service will never be interrupted, that it will meet a purpose you have not told us about, or that a third-party service you connect to it will keep working. We do not guarantee that content your own Agent generates is accurate, lawful or fit for anything. **None of this limits section 18.1 to 18.4 or your statutory rights.** --- ## 19. Liability ### 19.1 *(Consumers)* - **We never exclude or limit our liability for personal injury**, or for damage we or anyone we are answerable for cause **intentionally or by gross negligence** (§ 6 Abs 1 Z 9 KSchG). - For **slight negligence** we are liable for damage other than personal injury only in so far as that damage was **foreseeable and typical for a contract of this kind**. - Liability under **mandatory law** — including product liability and data-protection liability — is untouched. - Nothing here shifts a burden of proof onto you that the law does not place on you. ### 19.2 *(Business Customers only)* - Liability for **intent and gross negligence is unlimited**, and liability for personal injury is unlimited. - For **slight negligence**, our total liability arising in any twelve-month period is limited to the **fees you actually paid us in the twelve months before the event** that caused the damage, and to damage that was foreseeable and typical for this contract. For a Free-plan account, where no fee is paid, liability for slight negligence is excluded. - We are not liable, in cases of slight negligence, for **loss of profit, loss of anticipated savings, business interruption, or loss of data beyond the cost of restoring it from a backup you should reasonably have kept**. - This limitation does not apply where § 879 Abs 3 ABGB or Article 13 of the Data Act would make it invalid, and it never applies to section 17.10. *Why the cap for business customers: at €19 to €199 a month the price bears no relation to the value a business may put on its website, you control your own Content and can export it at any time, and the alternative to a cap is not unlimited cover but a much higher price. It does not touch intent, gross negligence or personal injury. And for the Free plan, where no consideration flows at all, we exclude slight-negligence liability entirely rather than cap it against a zero fee — a cap of €0 would be indistinguishable from an exclusion, so we say plainly what it is.* ### 19.3 Your own backups You can export everything at any time (section 17.5). **Keep your own copy.** We run backups for operational recovery, not as a service to you, and we do not promise to restore an individual item from them. --- ## 20. Indemnity *(business Customers only)* **This section does not apply to Consumers.** If a third party — including an authority — brings a claim against us because of your Content, your Site, your use of the service or your breach of these Terms or the Acceptable Use Policy, you will indemnify us against that claim and against the reasonable and necessary costs of defending it. Conditions, and they are real: we will **tell you about the claim without undue delay**, **not admit or settle it without your agreement** (which you will not unreasonably withhold), and **let you conduct the defence** if you want to and give you reasonable assistance in doing so. The indemnity does not cover anything caused by our own breach, intent or gross negligence. --- ## 21. Force majeure Neither of us is liable for a failure to perform caused by an event beyond our reasonable control — natural events, war, civil unrest, terrorism, epidemics, general failure of electricity or telecommunications networks, large-scale internet or cloud-infrastructure outages, strikes we are not party to, or acts of authorities. The duty to perform is suspended for as long as the event lasts and we will tell you as soon as we reasonably can. If such an event prevents us from providing the service for **more than 30 consecutive days**, either of us may terminate this contract with immediate effect, and **we will refund the part of any pre-paid fee that covers the period not served**. Your rights under section 18 for the period of non-provision are unaffected. --- ## 22. Changes to these Terms and to the service ### 22.1 Changing these Terms We may change these Terms. When we do: > We will tell you by e-mail to the address on your account **at least 30 days before the change takes > effect**, saying **what changed, why, and when it takes effect**. If you do not object before that > date, the new version applies to your account from then on. **If you object, or if you would rather > leave, you may terminate this contract free of charge with effect from the date of the change, and > we will not charge you for any period after it.** Your acceptance and the version it applies to are > recorded, and your Agent can read the current state at any time. Also true, and binding on us: - **A change never applies retroactively** and never imposes an extra cost on you for a period already paid. - **For a material change we may ask for a fresh, explicit acceptance instead of relying on silence**, and where we do, silence is not treated as agreement at all. - **Nothing is ever switched off, suspended, degraded, unpublished or gated because you have not accepted, or have not answered, a change notice.** The only consequence of not having a current acceptance is that a **new** paid subscription cannot be started. - If your account existed **before these Terms were first published**, we ask you once, informationally, to accept them. **Nothing happens if you do not respond** — there was no earlier version to amend, so silence cannot be agreement, and your service is unaffected either way. - ***Business Customers only:*** the same discipline applies to you — a stated reason, notice, and a free termination right (Article 13(4)(a) of the Data Act). *Why deemed acceptance at all: § 6 Abs 1 Z 2 KSchG allows silence to count as a declaration only if the consumer is specially told, at the start of the period, what their silence will mean and is given a reasonable time to speak. The notice above does exactly that, and it comes with a free exit.* ### 22.2 Changing the service itself The service is provided continuously, so it will change. We may change it **beyond the updates we owe you under section 18.4 only for one of these reasons**, and we list them here because the law requires the reason to be in the contract (§ 27 Abs 1 Z 1 VGG): 1. to close a **security vulnerability** or respond to an attack; 2. because **the law, a court or an authority requires it**; 3. because a **provider we depend on** changes or withdraws something we build on; 4. to keep the service **technically maintainable** — replacing a component, retiring an interface we can no longer support safely; 5. to **add or improve a feature**, where doing so does not impair your access to or use of the service. And in every case: - **the change costs you nothing extra** (§ 27 Abs 1 Z 2 VGG); - **you are told clearly and comprehensibly** what is changing; - where the change would **impair your access to or use of the service more than negligibly**, we tell you in advance, on a durable medium, in reasonable time, what is changing and when — and you may **terminate this contract free of charge**, within 30 days of the change or of that information, whichever is later (§ 27 Abs 2 VGG). We will not use this clause to remove a capability you are paying for and call it an improvement. --- ## 23. Complaints and out-of-court dispute resolution **23.1 Talk to us first.** Write to **`support@spun.ink`**. We answer every complaint, in German or in English, and we would much rather settle one directly. **23.2 Consumers — the Austrian ADR bodies.** The alternative-dispute-resolution body competent for contracts concluded online is the **Internet Ombudsstelle** — the body Austrian law names as *"der Internet Ombudsmann"* (§ 4 Abs 1 Z 6 AStG) — . The statutory fallback body (Auffangschlichtungsstelle, § 4 Abs 2 AStG) is the **Schlichtung für Verbrauchergeschäfte** — . **We do not commit in advance to taking part in proceedings before either body, and we are not obliged to** — participation is voluntary for a service like ours. We name them so that you can reach them anyway, and we decide case by case; 23.3 below is what we owe you in a concrete dispute either way. The Legal notice says the same thing in the same words. **23.3 In any event**, if a dispute with a Consumer cannot be settled directly, we will send you, on paper or another durable medium, the name and website of the competent body **and state whether we will take part in a proceeding before it** (§ 19 Abs 3 AStG). **23.4** These bodies are for Consumers. Business Customers: section 24. **23.5** None of this takes away your right to go to court at any time. --- ## 24. Governing law and courts **24.1 Law.** **Austrian law** applies, excluding its conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods. **24.2 Consumers keep their home protections.** **If you are a Consumer, you keep the mandatory protections of the law of the country where you habitually live.** Nothing in 24.1 takes those away (Article 6(2) of Regulation (EC) No 593/2008; § 13a KSchG). **24.3 Courts — Consumers.** We agree **no forum with you in advance**. Where you have your domicile, your habitual residence or your place of employment in Austria, an action against you may be brought only at the court for that place (§ 14 Abs 1 KSchG), and any agreement excluding a court that the law gives you for your own action against us has no effect (§ 14 Abs 3 KSchG). Within the European Union you may sue us where you live. **24.4 Courts — *(Business Customers only)*.** The **exclusive place of jurisdiction is the court competent for the registered seat of City of Code GmbH (Adnet, Austria).** --- ## 25. Notices and how we communicate **25.1 The channel.** Notices from us go to **the e-mail address on your account**, and to these published Legal documents pages. That includes statements of reasons (section 14.2), change notices (section 22), sub-processor notices and personal-data breach notices under the DPA, and everything else that matters. **You must keep that address monitored and reachable.** **25.2 The account e-mail address cannot currently be changed by self-service.** We are telling you this plainly rather than letting you find out: `recover` only re-sends a link to the address already on file, and no tool changes it. If the address on your account is wrong or you lose access to it, write to `support@spun.ink` and we will help; the only complete fix today is to delete the account and sign up again, which loses your Content. **25.3 Notices to us** may be sent to `support@spun.ink` or by post to the address in section 2.1. Withdrawal declarations go to `support@spun.ink` (section 9.2); reports of illegal content to `abuse@spun.ink` (section 13.3); data-protection matters to `support@spun.ink`. **25.4 No marketing.** Accepting these Terms is **not** consent to marketing and never doubles as one. We send transactional mail only — verification, recovery, billing confirmations, statements of reasons, change notices. There is no newsletter and no opt-in hidden anywhere in this contract. **25.5 Form.** Neither of us may require the other to use a stricter form than plain text by e-mail for any declaration under this contract. --- ## 26. Final provisions **26.1 Severability.** If a provision of these Terms is or becomes invalid, the rest stays in force. **For a Consumer an invalid clause is simply not applied** — it is not cut down to a still-permissible remainder. **26.2 No waiver.** If we do not enforce something immediately, we do not lose the right to enforce it later. **26.3 Transfer.** You may transfer this contract to someone else only with our agreement, which we will not unreasonably withhold. **We may not hand our obligations under this contract to an unnamed third party.** If City of Code GmbH transfers the business that operates spun.ink, we will tell you before it happens and **you may terminate free of charge** with effect from the transfer. *Why: § 6 Abs 2 Z 2 KSchG makes a clause letting a trader pass the whole contract to an unnamed third party non-binding on a consumer unless it was individually negotiated. Rather than draft around it, we give up the right and give you an exit.* **26.4 The whole agreement.** These Terms and the documents they incorporate — the Privacy Notice, the Data Processing Agreement, the Acceptable Use Policy and the Right of withdrawal — are the whole contract between us for the service. This does not affect anything we told you before you concluded it that formed part of the agreement, and it does not exclude any liability for pre-contractual information. **26.5 Language.** English governs. Any German or other translation is a courtesy. **26.6 Review date.** These Terms carry a review date of **2026-09-26**. The Verbraucherrechts- Änderungsgesetz 2026 (BGBl I 59/2026) replaces the statutory withdrawal instruction and model form for contracts concluded after 30 September 2026, and section 9 and the Right of withdrawal must be re-checked against it before then. **26.7 Not legal advice.** These Terms describe our contract with you. They are not legal advice about your own website, your own business or your own customers. --- ## 27. Contact, the other documents, and this version | Purpose | Address | |---|---| | Anything about **content**: reporting illegal content (Article 16 DSA notice-and-action), rights-holder claims, removal orders | `abuse@spun.ink` | | Anything about **you and us**: this contract, complaints, contesting a measure, the contact point for recipients of the service (Article 12 DSA), data protection and requests about your own personal data, withdrawal declarations by Consumers | `support@spun.ink` | Two addresses, one company, and a person reads both. Write to either if you are unsure. We accept **German and English**. The Article 12 DSA channel is answered by a person, not solely automatically. The postal address, the contact point for authorities (Article 11 DSA), the contact point for removal orders under Regulation (EU) 2021/784, our supervisory authority, and the Data Act information on infrastructure jurisdiction and governmental access are in the **Legal notice**. **The six spun.ink Legal documents:** - **Terms of Service** (this document) — `spun.ink/legal/terms` · raw markdown `spun.ink/legal/terms.md` - **Privacy Notice** — `spun.ink/legal/privacy` - **Legal notice** (Impressum, disclosure and contact points) — `spun.ink/legal/imprint` - **Data Processing Agreement** — `spun.ink/legal/dpa` - **Acceptable Use Policy** — `spun.ink/legal/acceptable-use` - **Right of withdrawal** — `spun.ink/legal/withdrawal` **spun.ink is a product and service of City of Code GmbH**, Adnet 436, 5421 Adnet, Austria · Commercial register FN 362676y, Landesgericht Salzburg · VAT identification number ATU66573656. --- *Version 2026-08-23 · effective 2026-08-23 · the content hash of this document is the SHA-256 of the bytes served at `spun.ink/legal/terms.md`, printed on the HTML page at `spun.ink/legal/terms`.*