Terms of Service

§ 1 Scope and Provider

(1) These General Terms and Conditions (hereinafter "Terms") of EG Vision IT GmbH, Margeritenstraße 2, 92138 Lappersdorf, Germany (hereinafter "Provider", "we" or "us"), apply to all contracts for the use of the platform "ArtVibes" (hereinafter "Platform" or "Service") concluded between a consumer or entrepreneur (hereinafter "Customer" or "User") and us.

(2) A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (§ 13 BGB - German Civil Code).

(3) An entrepreneur within the meaning of these Terms is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession (§ 14 BGB).

(4) Deviating, conflicting, or supplementary terms of the Customer shall not become part of the contract unless their validity is expressly agreed to in writing.

§ 2 Contract Formation

(1) The presentation of our services on the Platform does not constitute a legally binding offer, but an invitation to submit an order (invitatio ad offerendum).

(2) The contract for the use of the Platform is concluded through the User's registration and acceptance of these Terms. Upon completion of registration, the User submits a binding offer to conclude a usage contract.

(3) For paid subscriptions or credit purchases, the contract is concluded by clicking the "Buy Now" or "Subscribe" button and confirming the payment.

(4) The contract text is not stored by the Provider. The Customer can save the contract content before conclusion by printing or saving these Terms.

§ 3 Service Description

(1) ArtVibes is a web-based platform for creating AI-generated digital content, including:

• Images (using various models such as Flux, DALL-E 3, Stable Diffusion, etc.)
• Videos (using various models such as Kling, Runway, Luma, Minimax, etc.)
• Audio/Music (using various models such as OpenAI TTS, ElevenLabs, etc.)
• Image editing (upscaling, background removal, style transfer, etc.)

(2) Generation is performed via third-party AI models. The Provider only provides the user interface and interfaces to these services.

(3) The Provider does not guarantee any specific availability of the services. Availability also depends on third-party providers. Maintenance work will be announced when possible.

(4) The Provider expressly reserves the right to add, remove, replace, or substitute individual AI models at any time. There is no entitlement to the permanent availability of specific models. This also applies to models that were available at the time of contract conclusion or subscription purchase. The selection and availability of AI models is at the sole discretion of the Provider.

(5) The Provider will endeavor to inform users appropriately of significant changes to the model offering. No right of termination or claim for price reduction arises from the replacement of models, provided that the core functionality of the platform (AI-powered content generation) is maintained.

§ 4 Credit System and Subscriptions

(1) The use of generation functions is based on a credit system. Credits are deducted for each generation according to the selected model.

(2) The following subscription plans are available:

(3) Additionally, credit packages can be purchased as one-time purchases:

(4) Monthly credits from subscriptions expire at the end of the billing period and are not carried over to the next month. One-time purchased credits do not expire.

(5) For failed generations due to technical issues on our side, credits will not be deducted or will be refunded.

§ 5 Prices and Payment

(1) All stated prices are final prices and include the statutory value-added tax, unless otherwise indicated.

(2) Payment is processed through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland.

(3) Available payment methods include credit card (Visa, Mastercard, American Express), SEPA direct debit, and other methods supported by Stripe.

(4) For subscriptions, billing occurs monthly in advance. The subscription automatically renews for another month unless cancelled before the end of the current billing period.

(5) In case of payment default, the Provider reserves the right to suspend access to the Platform and downgrade the subscription to the free plan.

§ 7 Contract Duration and Termination

(1) Subscriptions have a term of one month and automatically renew for another month unless cancelled.

(2) Cancellation of a subscription is possible at any time and takes effect at the end of the current billing period. Cancellation is done via the profile settings on the Platform under "Billing" / "Manage Subscription".

(3) After cancellation of a paid subscription, the account is automatically downgraded to the free plan (Free). Already paid periods are not refunded proportionally.

(4) The right to extraordinary termination for good cause remains unaffected.

(5) Deletion of the user account can be requested via profile settings or by contacting our support.

§ 9 Usage Rights for Generated Content

(1) Legal Classification: Under German copyright law (§ 2 para. 2 UrhG), purely AI-generated content is generally not protected by copyright, as no "personal intellectual creation" by a human is involved.

(2) Use by the Customer: The Customer receives a simple, non-transferable right to use the content generated by them for private and commercial purposes, insofar as permitted by the terms of use of the underlying AI models.

(3) Commercial Use: Commercial use of generated content is generally permitted. However, the Customer is responsible for checking the terms of use of the respective AI models:

• OpenAI (DALL-E 3): Commercial use permitted
• Stability AI (SDXL): Commercial use depending on license
• fal.ai (Flux): Usage rights according to Flux license
• Replicate models: Varies by model license

(4) No Exclusivity: The Customer does not receive exclusive rights. Since AI models can produce similar results for different users, uniqueness cannot be guaranteed.

(5) Labeling Requirement: According to the EU AI Act (Regulation (EU) 2024/1689, Art. 50), AI-generated content must be labeled as such when publicly distributed. The Customer is responsible for compliance with this requirement.

(6) Rights Violations: If generated content infringes third-party rights (copyright, trademark, personality rights), the Customer is liable for the use. The Provider is not liable for rights violations arising from the use of generated content.

§ 11 Prohibited Use

The Customer agrees not to use the Platform for the following purposes:

• Creation of illegal, violence-glorifying, pornographic, or child-abusive content
• Creation of deepfakes or content for deception or manipulation
• Creation of content that violates the personality rights of third parties
• Generation of hate speech, discrimination, or incitement
• Infringement of copyrights, trademarks, or other protective rights
• Spam, phishing, or other fraudulent activities
• Creation of misleading news or misinformation
• Circumvention of technical protective measures or security precautions
• Use for AI practices prohibited under the EU AI Act (Art. 5)

In case of violations, the Provider reserves the right to suspend access to the Platform and take legal action. No refund will be provided in such cases.

§ 13 Data Protection

(1) We process personal data in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

(2) Information about data processing, legal bases, and your rights can be found in our Privacy Policy.

(3) Through the use of the Platform, your prompts and generated content are transmitted to the respective AI third-party providers. Details can be found in the Privacy Policy.

§ 14 Limitation of Liability

(1) The Provider is liable without limitation for intent and gross negligence as well as for damages arising from injury to life, body, or health.

(2) In case of slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal duties). In these cases, liability is limited to the foreseeable, contract-typical damage.

(3) Liability for indirect damages, consequential damages, lost profits, or financial losses is excluded to the extent permitted by law.

(4) The above limitations of liability also apply in favor of the Provider's vicarious agents.

(5) Liability under the Product Liability Act remains unaffected.

§ 15 Changes to Terms

(1) The Provider reserves the right to amend these Terms with effect for the future.

(2) The Customer will be informed of changes at least 30 days before they take effect by email.

(3) If the Customer does not object to the changes within 30 days of receipt of the change notification, the changes are deemed approved. The Customer will be informed of this legal consequence in the change notification.

(4) In case of objection, the contractual relationship can be terminated by either party at the time the change takes effect.

§ 16 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn.

(2) If the Customer is a merchant, legal entity under public law, or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Regensburg.

(3) Should individual provisions of these Terms be or become invalid, this shall not affect the validity of the remaining provisions.

(4) The contract language is German.

Last updated: December 2024