Terms of Use

1. Scope, Contracting Parties

1.1 These Terms govern the use of the AI‑APP web application (the “Service”) through which registered users (the “User” or “you”) can use credit‑based, AI‑powered image/video features (creation, editing, generation; together, the “AI Features”).

1.2 The Service is provided by and your counterparty for usage is:
Andreas Jörg, Schulstraße 8, 87742 Apfeltrach, Germany,
email: ajkonic@aj-commercial.com.

1.3 Merchant of Record (MoR): Payments, invoicing and tax handling for paid offerings (notably Credits) are processed by a merchant of record, acting as Merchant of Record and authorised reseller. The purchase contract for paid offerings is concluded with the merchant of record, whereas the use/licence contract for the Service is between you and us. Your statement may display “ [descriptor]”. Refunds/cancellations relating to den Merchant of Record purchases are handled by the merchant of record; we instruct the merchant of record and do not pay refunds directly.

1.4 Any deviating or supplementary user terms shall only apply if and to the extent we expressly agree in writing.

2. Registration, Account, Minimum Age

2.1 Use requires registering an account. Information provided must be complete and accurate; keep it up to date.

2.2 Minimum age: 16. If under 18, consent of a legal guardian is required.

2.3 Accounts are personal and non‑transferable. Keep credentials confidential; notify us promptly of suspected misuse.

3. Service Description – Compute Service, No Outcome Owed

3.1 We provide infrastructure (GPU compute, AI models and software) to run the AI Features. This is a processing service of inputs (prompts, images, videos, settings) to generate outputs.

3.2 No guaranteed result/quality: Output depends on your inputs, model limits, third‑party training data and stochastic methods. No specific result (e.g., style, accuracy, freedom from errors/IP) is owed. What we owe is access to compute and job execution per contract. Statutory consumer rights remain unaffected (see Sec. 13) but do not create strict liability for outputs.

3.3 Availability: We strive for high availability; maintenance and update windows or capacity limits may temporarily restrict use.

3.4 Processing location: Our GPU clusters are in the EU/EEA. If we exceptionally process outside the EU/EEA, we ensure appropriate safeguards; see our Privacy Notice.

4. Credit Model (“Pay as you go”)

4.1 Use of AI Features is billed in Credits. The required credits per job (e.g., per image/video/minute/compute time) are shown before execution.

4.2 Buying Credits: Credits can be purchased via the payment methods in Sec. 7. Prices include applicable taxes/fees unless stated otherwise.

4.3 Validity: Credits do not expire. Statutory rights remain unaffected.

4.4 Non‑transferable / not cash: Credits are tied to the account, non‑transferable, non‑interest‑bearing and not redeemable for cash. Refund of unused credits is only where required by law or if we offer it voluntarily.

4.5 Failed jobs: If a job fails solely due to our technical fault, the debited credits are re‑credited automatically.

5. Inputs, Generated Content, Rights

5.1 Your content: You retain ownership of uploaded content. You grant us a non‑exclusive, worldwide, royalty‑free licence for the term to process, transmit and store it solely to provide the Service (including caching, backups, logging and abuse detection).

5.2 Generated Outputs – Rights of use: To the extent permitted by law, we grant you the rights necessary to use outputs under the contract (simple, worldwide, perpetual). Third‑party rights in training data/models remain unaffected. You are responsible for checking whether/how outputs may be used (IP, personality, brands, licences).

5.3 No warranty of freedom from third‑party rights: We do not warrant outputs are free from third‑party rights or that no disclosure/labelling duties apply. You remain responsible in your legal/use context.

5.4 Training/Product improvement: Only with your explicit opt‑in; otherwise no customer data is used. See Privacy Notice.

6. Prohibited Use

Prohibited in particular: (a) unlawful content (criminal/extremist/ pornographic/child endangerment), (b) IP/privacy violations, (c) deceptive content without required notices, (d) automated bulk requests/DoS, (e) reverse engineering of models/infra, (f) bypassing usage limits, (g) use in sanctioned countries/contrary to export law, (h) safety/critical uses without adequate expert review.

7. Payments via Merchant of Record

7.1 MoR / Reseller: Paid offerings (esp. Credits) are sold through a merchant of record as Merchant of Record. Invoicing, tax collection and payment processing are handled by the merchant of record. Your statement may show “ [descriptor]”.

7.2 Withdrawal & refunds: For purchase contracts concluded via den Merchant of Record (e.g., Credits), exercise statutory withdrawal rights and request refunds with the merchant of record (e.g., via den Merchant of Record (Kontaktdaten werden beim Checkout bereitgestellt) ). Refunds, where applicable, are paid by the merchant of record. We do not refund directly but instruct the merchant of record. Note: For immediately‑delivered digital content, the right of withdrawal may lapse; see Sec. 8/17.

7.3 Subscriptions (if introduced): If we offer subscriptions in the future, cancellation must be submitted to den Merchant of Record at least 48 hours before the end of the current period; it takes effect at the next renewal. No refunds for unused periods. This does not apply to the currently offered credit model.

7.4 Chargebacks: Contact the merchant of record before initiating a chargeback. Invalid chargebacks may be contested and access restricted.

7.5 Taxes/VAT: Where applicable, VAT adjustments/ refunds (e.g., with VAT ID) can be requested with den Merchant of Record within 60 days of purchase. Details per den Merchant of Record policy.

7.6 Order support: den Merchant of Record (Kontaktdaten werden beim Checkout bereitgestellt) (have your order number/email ready).

8. Consumer Information & Right of Withdrawal

(Consumers only.)

8.1 Digital content/services: Depending on the setup, buying Credits and using AI Features are digital content and/or a digital service. The statutory 14‑day withdrawal rightapplies from contract conclusion.

8.2 Lapse/limitation:
(a) For digital content not supplied on a tangible medium, the withdrawal right lapses if we start performance within the 14‑day period with your express consent and your acknowledgment of losing that right.
(b) For services, the right lapses upon full performance after your express request to start within the period; partial performance may trigger pro‑rata compensation.
(c) Consumed credits are generally not refunded where permitted by law; statutory rights (e.g., value compensation) remain unaffected.

8.3 Exercising withdrawal: For den Merchant of Record purchase contracts (e.g., Credits), contact den Merchant of Record (Kontaktdaten werden beim Checkout bereitgestellt) . For the use contract with us, contact ajkonic@aj-commercial.com. See Sec. 17 for model forms.

9. User Duties for Publishing/Using Outputs

9.1 Comply with applicable transparency/labelling rules for AI‑generated content (e.g., “AI‑generated”, attribution, watermarking) where required.

9.2 For sensitive domains (e.g., medicine, law, finance, HR, biometric ID), outputs may be used only after appropriate expert review. The Service is no substitute for professional advice.

10. Moderation, Notices & DSA Contact Points

10.1 Notice & action: Report illegal content or violations to ajkonic@aj-commercial.com (URL, description, legal basis, evidence). We assess and take appropriate measures (blocking/deletion, account measures) and liaise with authorities as needed.

10.2 Complaints: You may appeal measures within 6 weeks by email. Decisions are reviewed by qualified staff and reasons provided.

10.3 DSA contact points:
– Users (Art. 12 DSA): ajkonic@aj-commercial.com (DE/EN)
– Authorities (Art. 11 DSA): ajkonic@aj-commercial.com (DE/EN)

11. Privacy, Cookies & Security

11.1 See our Privacy Notice for legal bases, purposes, recipients, international transfers, storage, data subject rights, cookie tech, and consent management.

11.2 Do not upload/process third‑party personal data without a proper legal basis (e.g., consent, contract).

11.3 We apply state‑of‑the‑art security measures; disruptions/outages can never be fully excluded.

12. Beta Features

“Beta” features are experimental, may contain bugs, and may change or be discontinued at any time; specific usage limits may apply.

13. Warranty and Liability

13.1 Statutory rights: Statutory consumer rights for digital products/services apply where relevant (e.g., EU digital content/services rules). What is owed is technical performance (executing jobs), not any specific output.

13.2 Liability: Unlimited for intent/gross negligence, injury to life/body/health, product liability and granted guarantees. For simple negligence of cardinal duties, limited to foreseeable typical damage; otherwise excluded. Applies to vicarious agents as well.

13.3 No liability for contextual consequential damage: No liability where outputs are used in safety/legal/business‑critical contexts without adequate expert review (subject to Sec. 13.2).

14. Term, Termination, Suspension

14.1 Indefinite term; either party may terminate at month‑end in text form. Already purchased Credits remain usable (see Sec. 4.3).

14.2 We may terminate for cause or suspend accounts, in particular for breaches of Sec. 6 or payment default.

15. Amendments

We may amend these Terms for the future if we have a valid reason (e.g., legal changes, service developments, security/feature updates) and you are not unreasonably disadvantaged. We will notify you at least 30 days in advance; if you do not object, the changes are deemed accepted. If you object, you may terminate (Sec. 14).

16. Final Provisions

16.1 Governing law: German law, excluding CISG. Mandatory consumer protection of your residence country remains.

16.2 Venue: If the user is a merchant/public entity, exclusive venue is Memmingen, Germany. Consumers may sue at their statutory venue.

16.3 Language: Contract language is German. This English version is for information only.

16.4 ADR: We are neither willing nor obliged to participate in consumer ADR proceedings.

16.5 Imprint: See the statutory provider details (Impressum).

17. Withdrawal Information (Consumers)

Right of Withdrawal

You have the right to withdraw within fourteen days without giving any reason. The period starts on the day of contract conclusion. For purchase contracts concluded via merchant of record (e.g., Credits), the withdrawal must be addressed to the merchant of record (see below).

To exercise the right, you must inform us (use contract) and/or den Merchant of Record (purchase contract) by a clear statement (e.g., via online form). Sending your notice before the period expires is sufficient.

Effects of Withdrawal

Upon withdrawal, we/the merchant of record reimburse all payments received without undue delay and at the latest within fourteen days after receipt of your notice, using the same payment method unless otherwise agreed. Consumed credits are—where permitted by law—not refunded.

Special Notes

– For digital content not supplied on a tangible medium, your right may lapse if we start performance within the period with your express consent and acknowledgment of losing the right.
– For services, the right lapses once the contract is fully performed upon your express request; otherwise, pro‑rata compensation may be due.
– Refunds, where applicable, are processed by the merchant of record.

Model Withdrawal Forms

Variant A (Merchant of Record purchase, e.g., Credits):
– To: Merchant of Record, Support Kontaktdaten werden beim Checkout bereitgestellt
– I/we (*) hereby withdraw from the contract concluded via den Merchant of Record for the purchase of Credits/paid services.
– Ordered on (*)/received on (*): ______
– Name: ______
– Address: ______
– Email (used for order): ______
– Date: ______
(*) Delete as appropriate.

Variant B (Use contract with AI‑APP):
– To: Andreas Jörg, Schulstraße 8, 87742 Apfeltrach, email: ajkonic@aj-commercial.com
– I/we (*) hereby withdraw from the use contract for the AI‑APP Service.
– Date of conclusion: ______
– Name, Address, Email: ______
– Date/Signature (paper only): ______
(*) Delete as appropriate.

18. Contact, DSA Contact Points & Imprint

– Support: ajkonic@aj-commercial.com
– DSA contact for users: ajkonic@aj-commercial.com (DE/EN)
– DSA contact for authorities: ajkonic@aj-commercial.com (DE/EN)
– Imprint: see statutory provider details (Impressum)

19. Changes, Technical Requirements

19.1 Use requires a current browser, stable internet connection and sufficient hardware.

19.2 We may adjust technical requirements and features where reasonable and without impairing the core performance; we will inform you in time.

20. Export & Sanctions

Do not use the Service in violation of applicable export control, embargo or sanctions rules of the EU/Germany/UK/USA. You warrant you are not resident/listed in a sanctioned country and will not use the Service for prohibited purposes.