Terms of Purchase

The provider is Canvena Ltd, Lieutenant Georgios M. Savvas 26, Shop 1-2, 8201 Geroskipou, Paphos, Cyprus, registered in the Register of Companies of the Republic of Cyprus under HE425353, represented by Daniel Huber (CEO), VAT ID CY10425353R ("Canvena"). Contact: hello@plaith.ai, customer service: support@plaith.ai.

Canvena operates under the brand Plaith (plaith.ai). The AI team with which Canvena provides the services is called Plaithy.

These terms of purchase apply to the purchase of the plans of the Plaith Performance Team, the setup and the Adspend Booster via plaith.ai and the Stripe checkout, and to the provision of these services.

Canvena Ltd is a subsidiary of Canvena Consulting LLC (USA). Canvena Consulting LLC operates the Meta app "Plaithy" and the Meta Business Portfolio through which the customer grants partner access to their ad account, and acts for Canvena as an affiliated company (§ 3(7)). The customer's contractual partner is exclusively Canvena Ltd.

Ad accounts remain the property of the customer. Partner access entitles Canvena only to provide the agreed services and does not create any ownership of the account, campaigns or data.

The terms of use of the Plaithy platform (https://plaith.ai/legal/terms) are a separate set of rules. These terms of purchase apply to the services purchased under them.

General terms and conditions of the customer do not apply, even if Canvena does not expressly object to them. Individual agreements in text form take precedence over these terms of purchase.

The offer is aimed exclusively at businesses. A business is any natural or legal person or partnership with legal capacity that, when concluding the contract, acts in the exercise of its commercial or independent professional activity, including self-employed persons, freelancers and small businesses.

By accepting these terms of purchase in the checkout, the customer confirms that they are acting as a business. Canvena may request proof, such as a VAT ID, an extract from the commercial register or a business registration, and may reject orders that evidently do not come from businesses.

Canvena provides a managed performance marketing service for advertising on Facebook and Instagram (Meta).

A human team and the AI team Plaithy create ads (images, videos, texts), publish them in the customer's ad account, test them, distribute the budget within the agreed framework and optimise the campaigns continuously.

A campaign promotes an agreed product, offer or related topic. New ad creatives, variants and tests are part of it.

Ongoing image variants and new ad creatives for the booked campaigns are included in the plan. The plan does not include image or video creation for other purposes.

Not included, unless agreed separately: the ad budget (§ 11), an individual redesign of the website, advertising on platforms other than Facebook and Instagram, handling incoming enquiries, and legal and tax advice.

Human support is provided on working days (Monday to Friday) during usual business hours. Human support around the clock is not owed. Automated processes of Plaithy also run outside these hours; Canvena does not guarantee any particular availability of these processes.

Canvena may use affiliated companies, subcontractors and technical service providers to provide the services, in particular providers of AI services. Canvena remains responsible to the customer.

The following plans apply. Prices are net per service month plus statutory VAT, without term discount (§ 13).

Enterprise is agreed individually and cannot be booked via the checkout.

New AI video productions are limited. Cut-downs, subtitles and edits from existing material without new video generation are part of the campaign scope. Individual raw clips, technical failed attempts and error corrections do not count as a video production.

Allowances and video lengths are upper limits, not minimum quantities or target lengths. Canvena decides, based on test goals, data and need, when new ads are created. Ads that work are not replaced merely because of their age or because capacity is free.

Unused production capacity is not carried over to following months. Productions already promised that Canvena postpones for reasons within its own sphere do not lapse as a result.

Canvena provides additional productions beyond the allowance only by separate agreement. Without such an agreement, the customer incurs no costs for them.

A change to a larger plan is possible at any time from the start of the next service month. A change to a smaller plan is possible at the end of a service month, but not during a minimum term (§ 13). The parties agree plan changes in text form; from the change, the price and allowances of the new plan apply.

The setup costs a one-time €1,499 net (introductory price; regular price €1,999 net). The price shown in the checkout at the time of the order is decisive.

The setup includes:

1. a personal kickoff call of 30 to 60 minutes on goals, offer, existing material, responsibilities, budget framework and the connections required;
2. setting up partner access to the customer's Meta ad account;
3. setting up an enquiry route: either an enquiry form directly on Facebook or Instagram (Meta form) or the customer's existing website with a supported standard connection;
4. testing the enquiry route set up with a test enquiry.

A standardised enquiry page as a third enquiry route is not included in the setup and is agreed separately. An individual redesign of the customer's website and other special work are not included.

Canvena contacts the customer within 72 hours of confirmed payment to arrange the kickoff call. The period concerns the first response, not the date of the kickoff call and not the completion of the setup.

The duration of the setup depends on the customer's cooperation (§ 16). Canvena does not guarantee that the setup will be completed in the kickoff call.

By default, the team publishes ads independently within the agreed guardrails, without individual approval by the customer.

Guardrails are in particular the agreed budget framework, the agreed campaigns and offers, the customer's information and approved claims, their brand and design guidelines, exclusions they have named, and Meta's policies.

Canvena makes statements about the customer's offer, for example about prices, features or results, only on the basis of the customer's information.

At the customer's request, Canvena submits new ads for approval before publication. Until approved, they are not published. Canvena is not responsible for any resulting delays.

The customer can change guardrails and the approval request at any time in text form. Canvena implements changes within a reasonable period.

Images, videos, texts and voices are created wholly or partly with artificial intelligence. The customer agrees to this.

Canvena labels AI content in accordance with Meta's requirements and, where applicable, statutory requirements, for example through Meta's AI label and a note in the ad text. The customer does not remove this labelling.

Before publication, content goes through automated checks, among other things on advertising claims, text in the image and technical quality. AI content may nevertheless contain errors. The customer can request the correction or stopping of an ad at any time; Canvena implements this without undue delay.

Canvena does not create AI depictions that simulate real people, genuine customer opinions or testimonials.

Canvena uses image and video material provided by the customer as a priority, unchanged or with added subtitles.

The presentation of the plans on plaith.ai is not a binding offer, but an invitation to order.

The customer selects the plan and term, enters name, company name, billing address and, where applicable, their VAT ID, accepts these terms of purchase and submits a binding offer by clicking the payment button in the Stripe checkout.

The contract is concluded as soon as Stripe confirms the payment. Canvena confirms the conclusion of the contract by email. With some payment methods, confirmation may take a few bank working days. If the payment is not confirmed, no contract is concluded.

The Adspend Booster is purchased via a separate checkout; § 12 applies.

These terms of purchase are linked in the checkout and can be accessed, saved and printed at any time at https://plaith.ai/de/kaufbedingungen (German, binding) and https://plaith.ai/en/kaufbedingungen (this translation).

If the customer comes via a sales partner, the contractual partner is nevertheless exclusively Canvena. Sales partners are not entitled to make deviating commitments on behalf of Canvena or to accept payments.

All prices are in euros, net plus statutory VAT. Whether VAT is charged or the tax liability passes to the customer (reverse charge) depends on the customer's location and status and is shown on the invoice.

Payment is made via Stripe. The checkout shows which payment methods are available. The customer authorises Canvena to collect subsequent payments via the stored payment method.

On ordering, the setup and the first monthly instalment of the plan are due immediately; if paid in advance (§ 13(3)), the plan fee for the entire term. The service begins when payment is received: the first service month begins on the day payment is received and ends at the end of the day before the corresponding calendar day of the following month. Monthly instalments are collected automatically at the start of each following service month, advance payments at the start of each renewal.

The customer receives invoices electronically by email.

If the customer is in default of payment or a payment is charged back, Canvena may suspend the services after notice in text form until payment is made. The obligation to pay remains. The customer bears the costs of a chargeback for which they are responsible. Further statutory rights remain unaffected.

The customer may only set off claims that are undisputed or have been finally established by a court.

In addition to the plan fee, Canvena charges a management fee (called Budgetgebühr or Betreuungsgebühr on the German pages of plaith.ai) on the Meta ad spend of a calendar month actually managed by Canvena.

The management fee is calculated in bands, not retroactively on the entire budget:

Examples: €1,000 in ad spend results in a management fee of €100, €3,000 in ad spend results in a management fee of €280, €5,000 in ad spend results in a management fee of €440, €10,000 in ad spend results in a management fee of €740, each net.

The basis is the actual spend of the campaigns managed by Canvena according to Meta's data, not set daily budgets, budget limits or other campaigns of the ad account. Amounts used from the Adspend Booster count towards it (§ 12(7)).

Canvena invoices the management fee afterwards for each calendar month with a separate invoice showing the underlying spend and the band amounts. It is payable within 14 days of the invoice date, by bank transfer or via the payment link stated in the invoice.

Meta's spend data in the time zone of the ad account is decisive. If the customer runs their ad account in a currency other than euros, Canvena converts the spend at the European Central Bank reference rate of the last day of the calendar month. The bands apply per calendar month, including partial months at the start and end of the contract.

If the spend data for a month is not complete, Canvena issues the invoice as soon as it is available. Canvena takes subsequent corrections by Meta into account in the next invoice.

The bands apply equally to all standard plans. For Enterprise, the individual agreement applies.

The customer pays the ad budget directly to Meta, through their own ad account and with their own payment method, under Meta's terms. Canvena does not accept, hold or advance any ad budget of the customer. § 12 remains unaffected.

The customer sets their monthly budget framework, first in the kickoff call, later at any time in text form. Canvena distributes the budget within this framework across campaigns, ad sets and tests and aligns the budget settings with the framework. Meta may let daily spend fluctuate according to its own rules.

Canvena's recommendations on the budget amount are non-binding. The customer decides on the amount of the budget.

The Adspend Booster is an optional add-on. The customer purchases it via a separate checkout with a freely selectable one-time amount ("amount X") of at least €100 and at most €10,000 per purchase. Higher amounts are possible by agreement.

The booster requires a running plan contract under these terms of purchase and ends no later than that contract. If the customer purchases the booster without a plan contract and does not conclude one within 30 days, Canvena refunds amount X in full.

For 24 months, Canvena provides one tenth of X each month as additional ad budget for the customer's campaigns, 2.4 times X in total. Of this, X corresponds to the customer's own amount and 1.4 times X to a subsidy from Canvena. Example: with X = €2,000, €200 is available each month for 24 months, €4,800 in total, of which €2,800 is added by Canvena.

The 24 months begin with the service month in which the booster is paid. If the booster is paid before the plan contract begins, they begin with its first service month.

Canvena pays the monthly amount into the customer's Meta ad account, via a payment method that Meta provides for this purpose. There it serves the campaigns managed by Canvena.

The booster is never paid out as money; the only exceptions are the refunds under paragraphs 2, 9 and 10. It is not an investment and not a deposit and yields neither interest nor return. More budget does not necessarily mean more results (§ 18).

The amounts used from the booster count towards the managed ad spend. The management fee under § 10 applies to them as it does to the customer's own ad budget.

Monthly amounts paid in are first credited against the customer's own amount X, then against the subsidy. After 10 monthly amounts, X has been used in full.

If the plan contract ends before the 24 months have expired, the booster also ends. The subsidy not yet paid in lapses. The customer receives back the part of their own amount X not yet paid in with the final invoice. Example with X = €2,000 (monthly amount €200): if the contract ends after 3 months, €600 has been used and the customer receives €1,400 back; after 8 months, €1,600 has been used and they receive €400 back. From month 10, X has been used in full and no refund is due.

As long as a booster is running, Canvena does not terminate the plan contract with ordinary notice. If Canvena discontinues the service, the customer receives back the part of their own amount X not yet paid in. The right to extraordinary termination (§ 15(2)) remains unaffected; paragraph 9 then applies.

If Canvena cannot pay in a monthly amount, for example because the ad account is blocked or restricted or the customer has paused all managed campaigns, the payment is postponed to the next month in which it is possible. The 24 months are extended by this time.

The customer receives an invoice for amount X. It shows VAT where applicable.

The customer chooses one of the following term options. Prices are net per service month.

The discount applies only to the plan base fee. Setup, management fee, ad budget and Adspend Booster remain unchanged.

For 6 and 12 months, the customer chooses whether to pay the plan fee monthly or for the entire term in advance. The discount is the same in both cases. If paid in advance, these amounts apply, net for the entire term:

The minimum term begins with the first service month (§ 9(3)). During the minimum term, ordinary termination is excluded; the monthly instalments remain owed until its end. The right to extraordinary termination (§ 15(2)) remains unaffected; for advance payments, paragraph 8 applies.

The monthly option runs for an indefinite period. The customer can terminate it at the end of any service month. The notice must be received no later than 7 calendar days before the end of the service month; otherwise it takes effect at the end of the following service month.

If paid monthly, the contract continues for an indefinite period at the chosen discounted price after the minimum term expires. Both parties can terminate it with 30 days' notice to the end of a service month, for the first time to the end of the minimum term. In the monthly option, Canvena can terminate with the same notice. § 12(10) remains unaffected.

If paid in advance, the contract is renewed after the term expires for the same term at the same price, which is again due in advance at the start of each renewal. Both parties can terminate with 30 days' notice to the end of the respective term. § 12(10) remains unaffected.

If a contract paid in advance ends early through extraordinary termination by the customer for a reason for which Canvena is responsible (§ 15(2)), or under § 19(3), Canvena refunds the part of the advance payment attributable to the service months not yet begun. In all other cases, an advance payment is not refunded.

A statutory right of withdrawal for distance contracts is only available to consumers. As the offer is aimed exclusively at businesses (§ 2), there is no right of withdrawal.

If it turns out that a consumer has placed an order, their mandatory statutory rights remain unaffected.

Terminations must be made in text form. The customer terminates by email to support@plaith.ai with the subject "Kündigung" (termination), stating the company name and order or customer number.

The right of both parties to extraordinary termination for good cause remains unaffected. Good cause for Canvena exists in particular if the customer remains in default with a due payment despite a reminder, or repeatedly or seriously breaches their obligations under § 16. Good cause for the customer exists in particular if Canvena seriously breaches material contractual obligations and does not remedy this within a reasonable period after being asked to do so.

At the end of the contract, Canvena stops the management and pauses the campaigns it manages, so that no unmanaged ad spend is incurred, unless the customer requests in text form that they continue to run. The customer withdraws the partner access or Canvena returns it. Ad account, campaigns, ads and account data remain with the customer.

The management fee for the last month is invoiced afterwards. For the Adspend Booster, § 12(9) applies.

The customer maintains their own Meta ad account with a valid payment method and sufficient funds for the agreed budget framework.

The customer grants Canvena partner access via the Meta Business Portfolio of Canvena Consulting LLC and maintains it during the term.

The customer provides, in good time, completely and correctly, the information needed for the service, in particular on offer, target group, prices, permissible claims and brand, and material where applicable. They notify changes without undue delay. They give requested approvals (§ 6(4)) promptly.

The customer ensures that they hold the necessary rights to all content provided, for example to texts, images, videos, logos and trademarks, including the consent of persons depicted. They indemnify Canvena against third-party claims based on their content or information.

The customer is responsible for the lawfulness of their offer, including Meta's advertising policies for their offer (for example in special categories such as credit, employment or housing), advertising law, mandatory information and data protection on their own website. Canvena's automated checks do not replace legal advice.

Handling incoming enquiries is the customer's responsibility.

If the customer stops an ad or campaign themselves, Canvena respects this decision and does not put it back into operation without consultation. Canvena is not responsible for the consequences of the customer's own changes in the ad account.

Canvena is not responsible for delays based on missing or late cooperation by the customer.

After payment of the respective remuneration, the customer receives a non-exclusive right, unlimited in time and territory, to use the ads created for them (images, videos, texts) to advertise their own offer, also outside Meta and after the end of the contract. If licences of music or voice providers set narrower limits, Canvena points this out.

AI-generated content may not enjoy copyright protection under applicable law. Canvena does not guarantee that it is protected or unique.

Rights in Plaithy, in software, templates, prompts, methods and tools remain with Canvena or its licensors.

The customer grants Canvena the right to use the content they provide for the purposes of the contract, to edit it (for example with subtitles and cut-downs) and to publish it in their ad account.

Canvena may use anonymised performance data that does not allow any conclusions about the customer or their customers (for example which ad formats work) to improve Plaithy.

Canvena owes the careful and professional provision of the services, not any particular success. In particular, Canvena does not guarantee any particular number of enquiries, any revenue, any particular cost per enquiry or any reach.

Advertising results depend on circumstances that Canvena does not control, for example offer, price, market, competition, budget, landing page, the customer's handling of enquiries and delivery by Meta.

Tests are part of the method. Individual ads or variants may perform worse than others. Ad budget used is therefore not refunded.

Sample calculations and empirical values on plaith.ai are examples, not a guarantee.

The services depend on Meta and other providers, in particular providers of AI services and Stripe. Canvena has no influence on their outages and disruptions, on the rejection or removal of ads, on restrictions or blocks of ad accounts, business portfolios or apps, or on changes to policies, interfaces, functions and prices.

Canvena informs the customer of material restrictions and supports them as far as possible, for example by adapting the ads or giving guidance for an appeal to Meta.

For the duration of such events and in cases of force majeure, Canvena is released from the affected service obligations. If the customer's ad account is blocked without interruption for more than 30 days without Canvena being responsible for this, either party can terminate the contract with 7 days' notice, also during a minimum term.

Canvena is liable without limitation for intent and gross negligence, for injury to life, body or health and where liability is mandatory by law.

In the case of slight negligence, Canvena is liable only for the breach of a material contractual obligation. This is an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. Liability is then limited to the damage typical of the contract and foreseeable.

In the cases of paragraph 2, liability is limited in total to the sum of the remuneration the customer has paid to Canvena under the contract concerned (setup, plan and management fees). Ad budget that the customer pays to Meta does not count towards this.

In the case of slight negligence, Canvena is not liable for lost profit, missed enquiries or revenue, indirect damage and consequential damage.

Unless paragraph 1 applies, Canvena is not liable for decisions and services of Meta and other third-party providers (§ 19), for the consequences of incorrect or incomplete information and content of the customer, or for the lawfulness of the customer's offer.

Ad spend does not constitute damage merely because a campaign has not achieved its goals.

The limitations of liability also apply in favour of the officers, employees and vicarious agents of Canvena and of Canvena Consulting LLC.

Both parties treat confidential information of the other party as confidential, in particular business figures, customer data, strategies, access data and campaign results, during the term and for five years thereafter.

Excluded is disclosure required by law or by the authorities, to advisers bound to confidentiality, and to affiliated companies and service providers, insofar as this is necessary for the provision of the services and they are bound to confidentiality.

The privacy policy at https://plaith.ai/en/legal/privacy applies to the processing of personal data.

Insofar as Canvena processes personal data on behalf of the customer, for example contact details from enquiries, the parties conclude a data processing agreement under Art. 28 GDPR. Canvena provides it on request.

Canvena may change these terms of purchase with effect for the future. Canvena notifies changes at least 30 days before they take effect in text form by email.

If the customer does not object in text form within this period, the changes are deemed accepted. Canvena points out this consequence in the notification. If the customer objects, the previous terms continue to apply; Canvena may then terminate the contract at the next ordinary date.

Prices, scope of services and term are not changed to the customer's disadvantage in this way during a running minimum term.

The law of the Republic of Cyprus applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction for all disputes arising from or in connection with the contract is Paphos, Cyprus.

Before filing a lawsuit, the parties endeavour to reach an amicable settlement.

The contract language is German.

Declarations under these terms of purchase can be made in text form; email is sufficient.

If a provision of these terms of purchase is invalid, the remaining provisions remain valid. The invalid provision is replaced by a valid provision that comes closest to its economic purpose.

Questions about these terms of purchase: support@plaith.ai · Canvena Ltd, Lieutenant Georgios M. Savvas 26, Shop 1-2, 8201 Geroskipou, Paphos, Cyprus.