Our General Terms and Conditions (GTC)
These GTC govern the subscription for the Software and the provision of Services to the customer.
Effective date: May 15, 2026
These Terms of Service ("Terms") govern your access to and use of the services provided by Trendbird GmbH ("Trendbird", "we", "us" or "our"), including our website, platform, software and any related services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
1. Definitions
Services
All software, applications, tools, documentation, APIs, platforms, and other offerings made available by Trendbird, including Trendbird's web-based strategy execution platform.
User or Customer
An individual or entity that accesses or uses the Services.
Account
The registered account a User creates to access the Services.
Content
All data, text, graphics, files, and materials submitted or generated in connection with the use of the Services.
Subscription Plan
A specific level of access to the Services at a defined price and billing frequency as set forth in your order or subscription agreement.
2. Acceptance of Terms
By using the Services, you confirm that you have read, understood, and agree to be bound by these Terms, including any policies referenced herein (such as the Privacy Policy). These Terms constitute a legally binding agreement between you and Trendbird.
3. Changes to These Terms
Trendbird may modify these Terms at any time in its sole discretion. We will notify you of material changes by posting the updated Terms on the Services or by email. Your continued use of the Services after such changes constitutes acceptance of the updated Terms.
4. Eligibility
You represent and warrant that you are legally authorized to enter into these Terms and to use the Services in accordance with these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization.
5. Registration and Account
To access certain features of the Services, you may be required to create an Account. You agree to:
- provide accurate, current, and complete information;
- maintain the security of your login credentials and not share them;
- notify Trendbird immediately of any unauthorized use of your Account.
Trendbird is not responsible for any loss or damage arising from your failure to protect your credentials.
6. Subscription, Billing and Payment
6.1 Subscription Plans
Access to the Services is provided on a subscription basis. The details of available plans, fees, and features are described on Trendbird's website or in your subscription agreement.
6.2 Billing and Payment
You agree to pay all fees as specified in your order. Payments are due in accordance with the billing terms. Trendbird may change pricing upon reasonable notice.
6.3 Taxes
All fees are exclusive of applicable taxes, which will be added to your invoices as required by law.
6.4 Late Payment
If payment is past due, Trendbird may suspend access to the Services until payment is made.
7. Use of the Services
7.1 License
Subject to these Terms and payment of applicable fees, Trendbird grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.
7.2 Restrictions
You agree not to:
- copy, modify, or create derivative works of the Services;
- reverse engineer, decompile, or disassemble any part of the Services;
- circumvent or disable security features;
- use the Services to infringe the rights of others;
- use the Services to store or transmit data in violation of law.
Trendbird reserves all rights not expressly granted in these Terms.
8. Content and Data
8.1 Customer Content
You retain ownership of all content you upload or generate in the Services ("Customer Content"). You grant Trendbird a license to use Customer Content solely to provide and improve the Services.
8.2 Data Protection
Trendbird will process personal data in accordance with its Privacy Policy, which is incorporated by reference into these Terms.
8.3 Backups
Trendbird performs routine backups, but you are responsible for maintaining your own backup copies of Customer Content.
9. Confidentiality
Each party agrees to protect confidential information of the other party and not to disclose it except as necessary to provide or use the Services or as required by law.
10. Intellectual Property
Trendbird owns all rights, title and interest in the Services, including all related intellectual property rights. These Terms do not grant you any rights to Trendbird's trademarks, service marks, or logos.
11. Warranties and Disclaimers
11.1 No Warranty
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TRENDBIRD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRENDBIRD WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.
12. Indemnification
You agree to indemnify and hold Trendbird harmless from claims arising out of your misuse of the Services or violation of these Terms.
13. Termination
Trendbird may suspend or terminate your access to the Services if you breach these Terms. Upon termination, your rights to use the Services end immediately. Trendbird may delete Customer Content in accordance with its data retention policies.
14. Governing Law and Jurisdiction
These Terms are governed by the laws of Germany without regard to conflict of law principles. The courts of Cologne, Germany have exclusive jurisdiction over disputes arising out of or relating to these Terms.
15. Miscellaneous
15.1 Entire Agreement
These Terms, along with any referenced policies, constitute the entire agreement between you and Trendbird and supersede all prior agreements.
15.2 Severability
If any provision of these Terms is held unenforceable, the remainder will remain in effect.
15.3 Assignment
You may not assign your rights or obligations under these Terms without Trendbird's prior written consent.
Contact Information
If you have questions about these Terms, contact:
Trendbird GmbH
Lövenicher Weg 13
50933 Cologne
Germany
