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Terms of Service

Last updated: 21 April 2026

1. Scope

These Terms of Service govern all use of the website uncreative.dev and the Klaviyo automation setup service provided by Tomo Clement (see Imprint for full contact details). By completing a purchase you agree to these Terms.

This service is offered exclusively to entrepreneurs within the meaning of § 14 BGB (German Civil Code) — i.e. natural or legal persons acting in the exercise of their trade, business, or profession. Consumer contracts within the meaning of § 13 BGB are excluded.

2. Service Description

After a one-time payment, Uncreative automatically builds a complete Klaviyo email automation back-end for your e-commerce brand. The service delivers:

  • 7 pre-configured Klaviyo workflows (Welcome Series, Checkout Abandonment, Site Abandonment, Browse Abandonment, Add-to-Cart Abandonment, Post-Purchase Follow-Up, Customer Win-Back)
  • Approximately 30 emails with AI-generated copy
  • Your brand colours, logo, and product images injected into all email templates
  • All workflows and templates pushed directly into your connected Klaviyo account

The scope of the service is defined by the product version current at the time of purchase.

3. Contract Formation

A binding contract is formed when Stripe confirms successful payment. An order confirmation will be sent to the email address associated with the session. Uncreative reserves the right to reject orders at its discretion before confirmation.

4. Pricing & Payment

The one-time service fee is 99 € (net; invoiced without VAT pursuant to the small-business exemption under § 19 para. 1 UStG). Payment is processed exclusively via Stripe.

In the future Uncreative may offer an optional paid monthly subscription for editing and managing your generated emails. Such a subscription would be governed by separate terms, and your explicit acceptance would be required before any recurring charges are initiated. No recurring charges form part of the current contract.

5. Customer Obligations

You agree to:

  • Grant the required Klaviyo OAuth scopes during onboarding and keep the OAuth authorisation active until the service is delivered
  • Provide accurate and complete brand information (name, colours, voice)
  • Own, or hold all necessary rights to, any product images and logos you upload
  • Maintain the security of your Klaviyo account credentials

6. Licence to Uploaded Content

You grant Uncreative a non-exclusive, worldwide, royalty-free licence to use your uploaded assets (images, logo, brand data) solely for the purpose of generating and delivering the email automation described in section 2. Uncreative acquires no rights in the generated emails beyond what is needed to deliver them.

7. AI-Generated Content

Email copy is generated using large language model AI (OpenAI GPT-4o). Pursuant to Art. 52 of the EU AI Act, we disclose that you are interacting with an AI system. AI-generated content is probabilistic and may contain inaccuracies, hallucinations, or incomplete information.

You are responsible for reviewing all generated emails before syncing them to Klaviyo and before sending them to recipients. Uncreative accepts no liability for errors in AI-generated content after you have synced or dispatched emails.

8. Dependency on Klaviyo

Delivery of the service requires a functioning Klaviyo account and access to the Klaviyo public API. Uncreative is not liable for service interruptions, API changes, or account restrictions caused by Klaviyo, Inc.

9. No Right of Withdrawal

As this service is offered exclusively to entrepreneurs (§ 14 BGB), statutory consumer withdrawal rights under § 355 BGB do not apply. By completing a purchase you confirm that you are acting as an entrepreneur.

10. Liability

Uncreative is fully liable for damages caused by intent or gross negligence, for injury to life, body, or health, and under the German Product Liability Act (ProdHaftG). For all other claims arising from a material breach of a cardinal contractual obligation, liability is limited to foreseeable, contract-typical damages. Liability for slight negligence in all other cases is excluded.

11. Warranty

Statutory warranty rights apply. For B2B contracts, the warranty period is 12 months from delivery. Defects must be reported in writing within a reasonable time of discovery.

12. Data Protection

The processing of personal data is described in our Privacy Policy.

13. Governing Law & Jurisdiction

These Terms are governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For contracts with merchants, the exclusive place of jurisdiction is the registered seat of Uncreative (Böblingen, Germany). Mandatory statutory rules on jurisdiction remain unaffected.

14. Dispute Resolution

As this is a purely B2B contract, the obligations of the German Consumer Dispute Resolution Act (VSBG) and Art. 14 of the EU ODR Regulation do not apply. Uncreative does not participate in consumer arbitration proceedings.

15. Severability

If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions shall remain in full force. The invalid provision shall be replaced by a valid provision that comes closest to the economic intent of the original.