Terms of Service

Moderavia is a product and service operated by F.M. Prime Services UG (haftungsbeschränkt). Moderavia is not a separate incorporated company or legal entity. The contractual service provider is:

These Terms govern business use of the Moderavia software service. A signed order, Early Access agreement, data processing agreement, or other individual agreement may add to these Terms and prevails where it expressly conflicts with them.

Moderavia is offered for business and professional purposes. The person creating or using an account confirms that they are legally capable of acting and, when acting for an organization, authorized to bind or administer that organization within the permissions granted to them.

Access may be limited to invited or approved Early Access customers. Consumer use is not the intended service model. No right to an account arises merely from submitting an application.

Customers must provide accurate account information, keep credentials confidential, use appropriate roles, and promptly report suspected unauthorized access. Each workspace belongs to the customer organization identified in the service and is isolated from other customer workspaces.

The customer is responsible for its users, role assignments, instructions, connected accounts, and the lawfulness and accuracy of data supplied to Moderavia. Individual users must not attempt to access another workspace or bypass access controls.

Users must not use Moderavia to break the law, infringe third-party rights, distribute malware, obtain unauthorized access, defeat security or approval controls, scrape or overload the service, reverse engineer protected parts except where mandatory law permits, misrepresent generated material as verified fact, or submit data they have no right to process.

Moderavia must not be used to create deceptive advertising, unlawful discrimination, spam, surveillance, or actions that violate a connected provider's terms. Customers remain responsible for sector-specific, advertising, employment, consumer, and data-protection requirements applicable to their use.

Third-party integrations operate only when a customer with appropriate authority connects an account and grants the permissions displayed by that provider. The customer authorizes Moderavia to use those permissions solely to deliver the selected integration and may disconnect or revoke them.

Google Ads and other integrations remain subject to provider availability, API policies, account permissions, rate limits, verification, developer-token approval, and the provider's own terms. Providers may change, restrict, suspend, or discontinue their services independently of Moderavia. A connector shown in the product may be read-only, in development, unavailable, or waiting for external approval. Moderavia does not promise that every integration is live or that a provider will accept, retain, or complete a request.

The current Google Ads production path supports customer-authorized reporting, analytics, account health and evidence. These Terms do not authorize autonomous Google Ads writes or real spend. Any future write capability remains subject to the product's policy and approval controls and any separately agreed availability.

Moderavia uses AI-assisted workflows to prepare findings, plans, recommendations, drafts, or proposed actions from authorized business information. AI output is probabilistic, may be incomplete or inaccurate, and must be assessed in context. It is not legal, tax, accounting, financial, or other regulated professional advice.

The customer is responsible for reviewing output before relying on it. Moderavia does not guarantee AI accuracy, campaign performance, search ranking, traffic, impressions, leads, conversions, revenue, profitability, return on spend, or any other marketing or financial result. Missing or inconclusive data may lead the service to recommend no action; a recommendation is not an execution instruction.

Moderavia separates analysis and proposals from external writes. Protected actions such as spend, brand publishing, sensitive replies, or procurement may require policy checks and a human approval tied to a specific payload before the separate Executor can act.

An authorized approval is the customer's instruction to make that specific action eligible for execution within the recorded scope; rejection leaves the external provider unchanged. The customer is responsible for deciding who may approve, reviewing the evidence and economic exposure, and ensuring the instruction is lawful. A technical approval does not guarantee that a third-party provider will accept or complete the action.

The customer retains its rights in content and data it supplies. The customer grants F.M. Prime Services UG a non-exclusive right to host, copy, transmit, transform, and otherwise process that material only as needed to provide, secure, support, and improve the contracted service or comply with law.

Each party will protect the other party's non-public business information with reasonable care and use it only for the relationship, except where the information is already public, independently developed, lawfully received from another source, or disclosure is required by law. Personal-data processing is further governed by the Privacy Policy and, where applicable, a data processing agreement.

Moderavia, its software, interface, design, documentation, system prompts, and underlying technology remain the property of F.M. Prime Services UG or its licensors. Subject to the agreement and payment of any applicable fees, the customer receives a limited, non-exclusive, non-transferable right to use the service for its internal business purposes during the term.

Rights in customer-specific output depend on the underlying customer input, third-party material, and applicable law. The service does not guarantee that generated output is unique or free from third-party rights; the customer must review output before publication or commercial use.

We aim to operate Moderavia reliably, but do not promise uninterrupted or error-free availability unless a separate service-level agreement says otherwise. Maintenance, security work, provider outages, internet failures, force majeure, or necessary changes may temporarily limit the service.

Early Access, beta, preview, or experimental functions may be incomplete, change materially, have lower availability, or be withdrawn. They should not be used as the sole basis for time-critical or irreversible decisions. We will use reasonable care but may prioritize security and integrity over continued availability of a preview feature.

Fees, billing periods, included usage, and payment terms are set out in the applicable order or Early Access agreement. Unless stated otherwise, business prices exclude applicable VAT and similar taxes. Third-party advertising spend, provider fees, and customer accounts are not included merely because an integration is connected.

We may suspend access where reasonably necessary to address a security incident, unlawful use, a material breach, non-payment, risk to other customers, or a provider/legal requirement. Where circumstances permit, we will give notice and an opportunity to remedy the issue.

Termination rights and notice periods follow the applicable order or individual agreement. If none is specified, either party may terminate an indefinite paid service with 30 days' notice; the right to terminate for cause remains. On termination, access ends and customer data is handled under the agreement, Privacy Policy, statutory retention duties, and any agreed export period. Customers should export needed material before access ends.

F.M. Prime Services UG has unlimited liability for intent and gross negligence; injury to life, body, or health; fraudulently concealed defects; an expressly assumed guarantee; and liability that cannot lawfully be limited, including under the German Product Liability Act.

For simple negligence, F.M. Prime Services UG is liable only for breach of a material contractual obligation whose fulfilment makes proper performance possible and on which the customer may regularly rely. In that case liability is limited to the damage typical for the contract and reasonably foreseeable when it was concluded. Otherwise liability for simple negligence is excluded to the extent permitted by law. These limits also apply to representatives, employees, and agents. Mandatory statutory rights remain unaffected.

Customers are responsible for reasonable backups of material they control and for reviewing AI output and proposed external actions. No provision shifts liability where German law prohibits doing so.

We may change the service to improve it, maintain security, comply with law or provider policies, or retire functions that are no longer reasonably supportable. We will communicate material adverse changes where reasonably possible.

We may update these Terms for future use. Material changes affecting an existing contract will be notified in text form with reasonable notice and will take effect only in accordance with the contract and applicable law. Continued use does not replace consent where express agreement is legally required.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods, to the extent this choice is permitted. If the customer is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, Kiel is the agreed place of jurisdiction; otherwise the statutory jurisdiction rules apply.

If part of these Terms is invalid, the remainder continues to apply to the extent legally possible; the invalid provision is replaced by the applicable statutory rule. Questions and legal notices may be sent to [email protected]. Company details are also available on the legal information page.