Terms and conditions for OpenPMM

Preamble

These Terms and Conditions ("Terms" or "Agreement") govern the provision and use of the online service OpenPMM ("Service").

The provider and contracting party is:

Heyora UG (haftungsbeschränkt), Leberstraße 63, 10829 Berlin, Germany. Commercial register: Local Court (Amtsgericht) Charlottenburg (Berlin), HRB 286080 B. Represented by: Yannick Feige. Email: hey@openpmm.com

(hereinafter "Heyora", "Provider", "we" or "us").

The Agreement between Heyora and the user ("User" or "you") is concluded upon acceptance of the Agreement in the course of creating a user account for the Service.

1. Scope

1.1 This Agreement applies to the provision of the Service, which Heyora makes available directly via the website https://www.openpmm.com.

1.2 The Provider may make a free beta version or free tier of the Service available at no charge. For such free use, no personal data is provided as consideration; the data processed in connection with the Account serves exclusively to provide the Service and to comply with legal obligations.

1.3 The Service is offered to consumers and entrepreneurs. Mandatory statutory consumer rights remain unaffected.

1.4 Applies only to entrepreneurs: Conflicting or supplementary general terms and conditions of the User do not become part of the contract, even if Heyora does not expressly object to them.

2. Definitions

Service / OpenPMM: the browser-based software-as-a-service application provided by Heyora, including documentation and any updates.

Account: the user account to be created by the User, which is required to access and use the Service.

Workspace: an area within the Service in which Users can create, manage publishing connections, API keys, posts, schedules, and related settings.

Consumer: any natural person who enters into the Agreement for purposes that are predominantly outside their trade, business or profession.

Entrepreneur: a natural or legal person or a partnership with legal capacity that, when entering into the Agreement, acts in the exercise of its trade, business or profession.

User Content: the information and materials provided by or on behalf of the User, as well as results derived therefrom, including prompts, post content, text, images, videos, metadata and other materials that the User imports, uploads, creates, edits, stores or publishes with the Service.

Third-Party Components: software components of third parties incorporated into the Service, in particular open-source libraries and models, in accordance with Section 10.

Documentation: the instructions, help texts and technical descriptions of the Service provided by Heyora.

3. Majority age; offering not directed to children (COPPA)

Use of the Service and the creation of an Account are permitted only to persons who have reached the age of 18. OpenPMM is not directed to children, in particular within the meaning of the Children's Online Privacy Protection Act (COPPA, 15 U.S.C. §§ 6501–6505, as amended). Heyora does not knowingly collect personal data from minors.

4. User account and registration

4.1 Accessing and using the Service require the creation of an Account and acceptance of this Agreement. Upon registration, the requested information, in particular the email address, must be provided completely and accurately.

4.2 The User is responsible for keeping their access credentials confidential and shall inform Heyora without undue delay if there are indications of unauthorized use of their Account.

4.3 Heyora may block or delete an Account if the User materially breaches this Agreement or is not of full age; the User's statutory rights remain unaffected.

4.4 The User may delete their Account at any time; this ends the usage relationship, subject to the terms for any paid subscription under Sections 6 and 15.

4.5 If the User creates or uses a Workspace for a company or other organization, the User represents that they are authorized to act for that organization and to connect and publish to the relevant social accounts. The User is responsible for assigning appropriate permissions to Workspace members and for removing access when it is no longer required.

4.6 The User must keep API keys, CLI credentials and other access credentials confidential and must not publish, sell, transfer or make them available outside the authorized Workspace. The User shall notify Heyora without undue delay if credentials may have been lost, disclosed or compromised and shall revoke or replace affected credentials where the available product controls permit this.

4.7 Instructions submitted through an authenticated Account, API key, CLI session, Workspace member, coding agent or other automation may be treated by Heyora as instructions of the User until Heyora has been notified of unauthorized use or otherwise has reasonable grounds to believe that the instruction is unauthorized. This does not limit Heyora's security obligations or the User's mandatory statutory rights.

4.8 The use of coding agents, scripts or other automated tools does not transfer responsibility for the resulting actions to Heyora. The User is responsible for configuring and supervising those tools and for reviewing the content, destination, publication time and channel-specific settings at any confirmation or approval step provided by the Service. The technical description of software as an "agent" does not create a legal agency, partnership or representative relationship between Heyora, the User and that software.

5. Rights of use in the Service

5.1 Heyora provides the User with the Service for connecting social accounts and preparing, scheduling, reviewing and publishing social posts. Depending on the current product version and subscription plan ("Tier"), the Service may include, among other things:

• creating and managing Workspaces;
• managing publishing connections and API keys;
• creating and editing posts and channel-specific content;
• attaching images and videos;
• reviewing, scheduling and publishing posts;
• inviting team members and collaborating within a Workspace; and
• import, export, synchronization or interoperability functions with third-party services, where supported.

The exact scope of functions depends on the selected Tier, the current product description on the Provider's website and any technical or licensing restrictions of third-party systems.

5.2 Heyora grants the User a simple (non-exclusive), non-transferable and non-sublicensable right to access and use the Service as intended for the term of the Agreement. Any usage fees result from the Tier selected by the User.

5.3 All rights not expressly granted remain with Heyora or the respective rightholders.

6. Free provision, paid subscriptions and consumer rights

6.1 With regard to any free beta version or free Tier, the Service is provided free of charge and without the provision of data as consideration; hence the special provisions for paid consumer contracts do not apply. This concerns in particular a right of withdrawal, a cancellation button and the special warranty for digital products provided for a fee. Other mandatory statutory consumer rights remain unaffected.

6.2 If the User selects a paid Tier, the price, billing period, included functions and any usage limits shown at the time of ordering apply. Unless otherwise stated at the time of ordering, a paid Tier renews for the same billing period until terminated in accordance with Section 15. The applicable fee is due at the start of each billing period.

6.3 Mandatory consumer rights relating to paid digital services, including any right of withdrawal, cancellation requirements and statutory warranty rights, remain unaffected.

7. Restrictions on use

7.1 Unless permitted by mandatory law or expressly allowed in this Agreement, the User is prohibited from:

• (a) renting, leasing, lending, selling, distributing, transferring or sublicensing access to the Service or parts thereof;
• (b) decompiling, reverse engineering or otherwise attempting to determine the source code or non-public technical operation of the Service;
• (c) modifying or editing the Service or creating derivative works based on it;
• (d) removing or altering copyright, trademark or other intellectual-property notices; or
• (e) circumventing or disabling technical protection, access, security, usage-limit or billing mechanisms.

7.2 The User is not entitled to reproduce or use the Service, its user interfaces, components or the content contained therein for the purpose of text and data mining and/or the training of artificial intelligence. This does not restrict the User's rights in their own User Content.

7.3 The User must not use the Service in a way that disrupts or overloads it, attempts unauthorized access, introduces malicious code, circumvents technical or contractual limits, interferes with another user's use of the Service or otherwise endangers the security, integrity or availability of the Service or connected third-party services.

7.4 The User must not use the Service to create, store, schedule, transmit or publish User Content, or otherwise engage in conduct, that:

• (a) violates applicable law, a judicial or administrative order, or the rights of another person;
• (b) infringes copyright, neighbouring rights, trademarks, trade secrets, confidentiality, personality rights, privacy rights, publicity rights or data protection rights;
• (c) threatens, incites or promotes violence, terrorism or other unlawful harm;
• (d) harasses, stalks, bullies, intimidates or unlawfully discriminates against another person or group, or unlawfully discloses another person's private information;
• (e) contains or facilitates child sexual abuse or exploitation, sexual exploitation of minors or non-consensual intimate material;
• (f) facilitates fraud, scams, phishing, identity theft, deceptive impersonation or materially deceptive conduct intended to cause financial or physical harm;
• (g) distributes malware, malicious code or instructions intended to compromise accounts, devices, networks or services;
• (h) constitutes unsolicited bulk communication, spam, coordinated inauthentic behaviour, fake engagement or unlawful platform manipulation;
• (i) unlawfully promotes or facilitates regulated or prohibited goods, services or transactions;
• (j) falsely suggests that the User is authorized to act for another person, organization or social account; or
• (k) violates the applicable rules, terms or policies of a connected third-party service.

7.5 The prohibitions in this Section also apply to attempts to engage in prohibited conduct and to knowingly assisting, enabling or instructing another person to do so.

7.6 The User must not evade or attempt to evade a restriction, rate limit, suspension, termination or other protective measure imposed by Heyora or a connected third-party service, including by creating another Account, Workspace or API key.

7.7 Heyora is not obliged to review or approve every item of User Content before it is transmitted or published. The absence of a review, warning or technical restriction does not mean that the User Content or conduct is permitted under this Agreement.

8. Rights in User Content and publishing

8.1 The rights in the User Content are to be distinguished from the terms of use of the Service. Processing User Content or generating results from it does not make the User Content a derivative work of the Service.

8.2 The User retains their rights in the User Content. The User grants Heyora the non-exclusive rights necessary to host, store, reproduce, process, display and transmit User Content solely to provide the Service and carry out the User's instructions. This grant ends when the User Content is deleted from the Service, subject to technical backup cycles and statutory retention obligations.

8.3 The User is solely responsible for holding the necessary rights in the User Content and for ensuring that its processing and publication are permitted. For content obtained from or published through third-party services, the respective provider and license terms also apply.

8.4 The User is responsible for reviewing User Content and results before publication and for compliance with applicable law, including copyright, trademark, personality, competition, advertising and data protection law.

8.5 Heyora obtains no ownership of User Content and grants no rights relating to User Content. The Service must not be used to infringe the rights of third parties.

8.6 The User represents that, at the time User Content is submitted and published:

• (a) the User owns the User Content or holds all licences, consents, permissions and other rights required to use and publish it as instructed;
• (b) the User is authorized to use the selected social account and, where applicable, to act for the relevant company, Page, channel or organization;
• (c) Heyora's processing and transmission of the User Content in accordance with the User's instructions will not require Heyora to obtain an additional licence, pay royalties or other compensation, or provide attribution to a third party;
• (d) the User Content and its intended publication do not violate applicable law, this Agreement, the rights of third parties or the applicable rules of the connected service; and
• (e) all legally or contractually required advertising, sponsorship, endorsement, commercial-content, synthetic-media and similar disclosures are complete and accurate.

8.7 By instructing OpenPMM to connect to or publish through a third-party service, the User authorizes Heyora to transmit the selected User Content, media, metadata, account identifiers, settings and instructions to that service to the extent necessary to carry out the requested action.

8.8 Connected third-party services are operated independently from Heyora. Their own terms, policies, technical requirements, moderation decisions, quotas and account restrictions apply in addition to this Agreement. Heyora does not control and, subject to Section 11, is not responsible for a third-party service's acts or omissions.

8.9 Heyora does not guarantee that a third-party service will accept, process, display, publish or retain User Content at a particular time, in a particular format or with a particular audience or reach. A third-party service may delay, reject, reformat, restrict, moderate or remove User Content and may suspend or terminate the connected account.

8.10 Once User Content has been transmitted or published to a third-party service, Heyora may be unable to modify, withdraw or delete it. Disconnecting an account, deleting User Content from OpenPMM or terminating this Agreement does not necessarily remove content or data held by the third-party service.

8.11 Heyora may restrict, suspend or discontinue an integration where reasonably necessary because of changes to the third-party service, loss of access, provider instructions, security concerns, quotas, technical incompatibility or applicable provider rules. Section 13 and mandatory statutory rights remain unaffected.

9. Technical protection and third-party content

9.1 Neither Heyora nor the User may circumvent technical protection measures or copy protection, for example under the Digital Millennium Copyright Act (DMCA) in the USA and comparable provisions of other states.

9.2 The Service does not remove or circumvent copy protection. The User must not use the Service to process content obtained by circumventing such protection.

9.3 Determining whether content is protected and may be used is the responsibility of the User.

10. Open-source and third-party components

10.1 The Service contains third-party components that are subject to separate license terms. Heyora provides an overview of applicable components, licenses and copyright notices on request at hey@openpmm.com.

10.2 Third-Party Components are provided by their respective rightholders "as is" and without warranty or indemnification with respect to third-party intellectual property rights. Heyora therefore assumes no warranty or indemnification for the Third-Party Components.

11. Free provision, data backup and liability

11.1 As long as Heyora provides the Service free of charge, Heyora provides it " as is"; no particular suitability, availability or freedom from defects is warranted.

11.2 Irrespective of whether Heyora provides the Service for a fee or free of charge, the User is responsible for retaining appropriate backup copies of User Content and other data used in connection with the Service where such data is available to the User. Heyora is liable for data loss only in accordance with Sections 11.3 and 11.4 and only insofar as the loss would also have occurred had proper data backup been carried out.

11.3 Heyora is not liable, for and in connection with the provision of its services, for slight negligence, unless there is a breach of a contractual obligation whose fulfillment is essential to the proper performance of the contract and on whose compliance the other party regularly relies and may rely (cardinal obligations). In such cases Heyora is liable only for foreseeable damage typically to be expected. Material contractual obligations are those obligations that form the basis of the contract and that were decisive for entering into the contract.

11.4 Heyora is not liable for the loss of data insofar as the damage is based on the User's failure to carry out data backups and thereby ensure that lost data can be restored with reasonable effort.

11.5 The limitation of liability under Section 11 does not apply insofar as (i) liability cannot be limited or excluded under applicable law, in particular under product liability law; (ii) in the event of intent or gross negligence; (iii) in the case of injury to life, body or health; (iv) in the event of fraudulent concealment (Arglist); and (v) in the event of non-compliance with an agreed guarantee.

12. Data protection and telemetry

12.1 Heyora processes personal data only to the extent necessary and in accordance with applicable data protection law, in particular the GDPR. Details are set out in the Privacy Policy.

12.2 User Content is processed on systems used to provide the Service. The categories of data, purposes, recipients and storage periods are described in the Privacy Policy.

12.3 Any collection of non-essential diagnostic and usage data (telemetry, crash reports) that requires consent takes place only with the User's consent and can be deactivated by the User for the future; it is neither a condition of use nor consideration.

13. Changes to and deactivation of the Service

13.1 Heyora offers the Service as a standardized service for a large number of users and therefore provides it to the User in the version generally made available at the relevant time. If Heyora materially changes the Service to the User's detriment, Heyora will inform the User at least 30 days in advance. This duty to inform does not apply insofar as changes are, in Heyora's reasonable assessment, necessary to comply with legal requirements or to ensure the security of the Service, of Heyora, the User or third parties. In such cases Heyora will inform the User within a reasonable period, which may also fall after the change has been made. Where specific functionalities have been agreed, the User has a right of termination in the event of a material change.

13.2 Heyora is entitled to block, restrict or deactivate access to the Service in whole or in part ("Deactivation") if there is a legitimate reason. Deactivation may apply to an Account, Workspace, publishing connection, API key, scheduled publication or other function. Legitimate reasons include:

• (a) a significant security vulnerability, compromised credential or danger to Heyora, a user, a third party or their systems;
• (b) a statutory, official or judicial obligation;
• (c) a binding instruction or restriction from a connected third-party service;
• (d) the loss of rights, licences, permissions or technical access required to provide the relevant function;
• (e) a material breach of this Agreement;
• (f) reasonable grounds to believe that User Content or conduct violates Section 7, Section 8, applicable law or third-party rights;
• (g) excessive, abusive or technically harmful use of the Service;
• (h) repeated or deliberate attempts to evade a restriction, suspension or termination; or
• (i) discontinuation of the Service or the relevant function.

13.3 Depending on the nature, severity, urgency and recurrence of the matter, Heyora may take one or more proportionate measures, including refusing, delaying or cancelling a publication; disabling access to or removing User Content stored in the Service; suspending an API key, publishing connection, Workspace or Account; requiring the User to remedy a violation or provide information reasonably necessary to investigate it; or terminating the Agreement in accordance with Section 15.

13.4 Heyora may take immediate action without prior notice where this is reasonably necessary to prevent harm, protect security, comply with law or a third-party provider requirement, prevent an imminent publication, preserve the integrity of an investigation or address a serious or repeated violation. Otherwise, Heyora will, where reasonably possible, provide advance notice or an opportunity to remedy the violation.

13.5 Heyora may preserve and disclose information relating to suspected unlawful or abusive conduct to the extent necessary and permitted or required by applicable law, including in response to lawful requests from courts, authorities or connected third-party services. Personal data will be handled in accordance with the Privacy Policy.

13.6 Deactivation concerns access to the Service. User Content stored outside the Service remains unaffected. In the event of a planned discontinuation, Heyora will, where technically possible and subject to applicable law, provide a reasonable opportunity to export available User Content before access ends.

13.7 Insofar as the Service is provided free of charge, there is no claim to damages, compensation or refund in the event of Deactivation; Section 11 remains unaffected. For paid Tiers, mandatory statutory and agreed refund rights remain unaffected. Mandatory statutory rights, in particular those of consumers, remain unaffected.

14. Indemnification by the User

14.1 Insofar as the User uses the Service as an entrepreneur, the User shall indemnify Heyora as well as its legal representatives, employees and vicarious agents against all third-party claims that are asserted against Heyora and for which the User is responsible, insofar as they are based on:

• (a) the User's User Content or its use with the Service;
• (b) an unlawful use or publication of User Content or other content, in particular the infringement of copyright, neighbouring rights, trademark, personality or other rights of third parties;
• (c) a breach of this Agreement by the User; or
• (d) a breach by the User of applicable law, including data protection, competition or export law.

14.2 The indemnification covers the reasonably necessary costs of out-of-court and judicial legal defense, as well as damages and comparable payments that Heyora is obliged to make as a result of a claim covered by 14.1. Fines and contractual penalties are covered only insofar as passing them on is legally permissible.

14.3 Heyora will notify the User of any claim without undue delay in text form, will (where legally possible) give the User the opportunity to defend, and will not acknowledge or settle any claims without prior coordination with the User. The User and Heyora will support each other in the legal defense and will provide each other with the information required for this purpose. Heyora remains entitled to conduct the legal defense itself; in that case the User bears the reasonable costs for this within the scope of 14.1 and 14.2.

14.4 No indemnification exists insofar as Heyora is itself responsible for or has contributed to the claim; in the event of a contributory cause on Heyora's part, the indemnification is reduced accordingly. The User is not liable for claims based on an independent breach of duty by Heyora.

14.5 This Section 14 does not apply to consumers.

15. Term and termination

15.1 The Agreement is concluded for an indefinite period. The User may terminate a free usage relationship at any time by deleting their Account or by declaration in text form. A paid Tier may be terminated at any time with effect from the end of the current billing period, unless a different term was expressly agreed at the time of ordering. Heyora may terminate the usage relationship by declaration in text form or by discontinuing the provision of the Service, subject to a notice period of one month to the end of a calendar month.

15.2 The right to extraordinary termination for good cause remains unaffected. Good cause for Heyora exists in particular where:

• (a) the User materially breaches Section 3, 4, 7, 8 or 9;
• (b) the User commits a serious or repeated violation of the acceptable-use requirements in Section 7;
• (c) continued use creates a material security, legal or reputational risk for Heyora or a third party;
• (d) a competent authority or connected third-party service requires Heyora to end or materially restrict the relevant use;
• (e) the User attempts to evade a suspension, restriction or previous termination; or
• (f) considering all circumstances and the interests of both parties, Heyora cannot reasonably be expected to continue the Agreement.

15.3 Where the circumstances can reasonably be remedied, Heyora will ordinarily warn the User and provide a reasonable opportunity to remedy the breach before terminating the Agreement. No prior warning is required where immediate action is necessary, the violation is particularly serious, the User deliberately refuses or repeatedly fails to comply, or a warning would be ineffective or legally impermissible.

15.4 Upon termination, the right to access and use the Service expires. Sections 7 to 14 survive termination.

16. YouTube API Services

16.1 OpenPMM uses YouTube API Services to let Users connect a YouTube channel, upload and publish videos, monitor upload and processing status and, where available, retrieve and display analytics for the User's YouTube content.

16.2 By using OpenPMM features that access or use YouTube API Services, the User agrees to be bound by the YouTube Terms of Service. Google's Privacy Policy explains how Google processes information in connection with its services.

16.3 The User authorizes OpenPMM to perform only the YouTube actions that the User selects and confirms. These actions may include identifying the connected channel; uploading the selected video, title, description and other metadata; applying the selected visibility, audience and subscriber-notification settings; scheduling publication; checking processing status; and retrieving analytics made available for the connected channel and its videos. The User retains final control over the content and settings submitted to YouTube.

16.4 The User may disconnect YouTube through OpenPMM and may also revoke OpenPMM's access through the Google security settings page. Revoking access may prevent the YouTube features from working. Deleting data from OpenPMM does not delete videos or other data held by YouTube; the User must manage or delete that data through YouTube.

16.5 The collection, use, storage, sharing, refresh and deletion of data received through YouTube API Services are described in the Privacy Policy. YouTube features may change, become unavailable or be suspended if Google or YouTube changes or restricts the relevant services, permissions, quotas or policies.

17. Meta Platform Services (Facebook, Instagram and Threads)

17.1 OpenPMM may use Meta Platform services to let Users connect Facebook Pages, Instagram professional accounts or Threads profiles; publish or schedule content; monitor publishing status; and, where available for Facebook or Instagram, retrieve and display analytics for the connected accounts and published content. For Threads, the requested permissions are threads_basic to access the connected profile and media and threads_content_publish to create and publish approved content.

17.2 The User authorizes OpenPMM to perform only the Meta actions that the User selects and confirms. The User must have the permissions and authority required by Meta to connect and manage the selected Page, professional account or profile. The User remains responsible for the content and settings submitted to Facebook, Instagram or Threads and for compliance with the rules applicable to that Meta service.

17.3 Use of the Meta integrations is subject to the applicable Meta Terms of Service, Meta Commercial Terms, Instagram Terms of Use and Threads Supplemental Terms, as applicable. OpenPMM's access to and use of Meta Platform services is also subject to the Meta Platform Terms and Meta Developer Policies. The collection, use, storage, sharing and deletion of data received through Meta Platform services are described in the Privacy Policy.

17.4 The User may disconnect a Meta account through OpenPMM or revoke access through the applicable Facebook, Instagram or Meta account settings. Revoking access may prevent the relevant integration from working. Deleting or disconnecting data from OpenPMM does not delete posts, media or other data held by Facebook, Instagram or Threads; the User must manage or delete that data through the relevant Meta service.

17.5 Meta integrations may change, become unavailable or be suspended if Meta changes or restricts its services, permissions, access levels, quotas, review decisions or policies. Heyora does not control Meta's services and does not guarantee that a particular Meta feature, account type or metric will remain available.

18. TikTok Content Posting

18.1 When enabled, OpenPMM may use TikTok Login Kit and the TikTok Content Posting API to let Users connect a TikTok profile, review current creator-specific posting choices, publish an approved video and monitor its processing status. OpenPMM initially requests only the video.publish permission and does not use the integration to read TikTok analytics, comments, inbox activity or existing posts.

18.2 The User authorizes OpenPMM to perform only the TikTok actions that the User selects and confirms. Before publication, the User is responsible for reviewing the connected account, video, editable caption, privacy level, interaction settings, commercial-content disclosure, AI-generated-content disclosure and other settings presented for the post. Submission to TikTok is an external publishing action and may not be reversible through OpenPMM.

18.3 The User must own or hold all rights and permissions needed for the video, audio, music, caption and other submitted content. The User must make complete and accurate commercial-content and AI-generated-content disclosures and must comply with TikTok's Music Usage Confirmation and, where applicable, its Branded Content Policy.

18.4 Use of the TikTok integration remains subject to the applicable TikTok Terms of Service and policies referenced there. TikTok explains its own processing in the TikTok Privacy Policy. The collection, use, storage, sharing and deletion of data received through the TikTok integration are described in the Privacy Policy.

18.5 The User may disconnect TikTok through OpenPMM or revoke access through TikTok. Revoking access may prevent the integration from working. Deleting or disconnecting data from OpenPMM does not delete videos or other data held by TikTok; the User must manage or delete that data through TikTok.

18.6 TikTok publications may be delayed, rejected, restricted to private visibility or become unavailable because of processing, moderation, account settings, permissions, quotas, app-review status or changes to TikTok's services and policies. Heyora does not control TikTok's services and does not guarantee that a particular posting option or publication will remain available.

19. LinkedIn API Services

19.1 When enabled, OpenPMM may use LinkedIn API Services to let Users connect their LinkedIn member account and publish content that they select and confirm. If OpenPMM has obtained the access required by LinkedIn, the integration may also let a User discover and publish to a company Page that the User is authorized to administer. Company Page access is conditional on LinkedIn's approval, the permissions granted to OpenPMM and the User's current Page role. Scheduled or unattended LinkedIn publication is available only where OpenPMM identifies it as supported and the applicable LinkedIn program terms or approval permit it.

19.2 The User authorizes OpenPMM to perform only the LinkedIn actions that the User selects and confirms. Before publication, the User is responsible for reviewing the connected member account or company Page, post text, media, alternative text, visibility, resharing choice and any other settings shown for the post. Submission to LinkedIn is an external publishing action and may not be reversible through OpenPMM.

19.3 The User represents that they are authorized to use the connected LinkedIn member account and, where applicable, to act for the selected company Page. The User must own or hold all rights and permissions needed for the submitted content and must make any legally required advertising, endorsement, synthetic-media or other disclosures. The User must not use OpenPMM to impersonate another person, publish misleading or unauthorized content, send spam or create inauthentic engagement.

19.4 Use of the LinkedIn integration remains subject to the applicable LinkedIn User Agreement and Professional Community Policies. LinkedIn explains its own processing in the LinkedIn Privacy Policy. The collection, use, storage, sharing and deletion of data received through the LinkedIn integration are described in the Privacy Policy.

19.5 The User may disconnect LinkedIn through OpenPMM or revoke access through LinkedIn's Permitted Services controls. Revoking access may prevent the integration from working. Deleting or disconnecting data from OpenPMM does not delete posts, media or other data held by LinkedIn; the User must manage or delete that data through LinkedIn.

19.6 LinkedIn publications may be delayed, rejected, moderated, restricted or become unavailable because of account settings, permissions, Page roles, access tiers, quotas, app-review status or changes to LinkedIn's services and policies. Heyora does not control LinkedIn's services and does not guarantee that a particular account, Page, posting option or publication will remain available. OpenPMM is not endorsed by or acting on behalf of LinkedIn.

20. Third-party trademarks

The Service is an independent product of Heyora. Heyora is not affiliated with, and is not supported, sponsored or authorized by, third-party platforms, service providers or other third parties whose names, trademarks or products are mentioned in the Service or the Documentation. All trademark, product and company names mentioned are the property of their respective owners. Their mention serves solely for description and identification, for example regarding interoperability or compatibility, and does not establish any business connection, partnership or endorsement.

21. Final provisions

21.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Applies only to consumers: If the consumer has their habitual residence in another state, the mandatory consumer protection provisions of that state remain unaffected (cf. Art. 6 of the Rome I Regulation (EC) No 593/2008).

21.2 Applies only to entrepreneurs: Insofar as a choice-of-venue agreement is permissible and the User is an entrepreneur, the exclusive place of jurisdiction is Heyora's registered seat in Berlin; Heyora is also entitled to bring proceedings at the User's general place of jurisdiction. For consumers, the statutory places of jurisdiction apply.

21.3 The User may use the Service only in accordance with applicable export and sanctions regulations, in particular those of the EU and the USA, and must not use it in sanctioned territories.

21.4 Heyora is entitled to amend this Agreement. Amendments may be made to adapt to applicable law or to implement the further development of contractually agreed services, provided that such amendments do not significantly shift the previously agreed balance of performance and consideration in Heyora's favor. Heyora will notify the User of amended contract terms at least thirty (30) days before they take effect. The amended contract terms become effective if the User does not object to them in text form, for example by email, within the reasonable period stated in the notice and continues to use the Service after the period has expired. Heyora will specifically draw the User's attention to these consequences in the notice. Other termination rights of the parties remain unaffected.

21.5 Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected.

21.6 Amendments and supplements to this Agreement must be made in text form.

21.7 The language of the contract is English.

Provider contact

Heyora UG (haftungsbeschränkt)
Leberstraße 63
10829 Berlin
Germany

Email: hey@openpmm.com