Terms and conditions

These terms and conditions apply to all contracts regarding the Bildplattform software between StartklarWeb, owner Hasan Mohsen (the provider), and the customer.

Provider: StartklarWeb, owner Hasan Mohsen, Brucknerstraße 12, 46325 Borken (Münsterland), Germany. E-mail: info@bildplattform.de.

The offering is aimed at both consumers and business customers. A consumer is any natural person who enters into the contract for purposes that are predominantly outside their trade, business or profession. A business customer (entrepreneur) is a person acting in the exercise of their trade, business or profession.

Any conflicting terms of the customer are rejected unless the provider expressly agrees to their validity.

Where a service not described in these terms has been agreed with the customer, for example in a contract concluded earlier or negotiated individually, the conditions agreed when that contract was concluded apply to it.

Bildplattform is a hosted access point to a tool for AI-assisted image editing, in particular for real estate photos. The software is provided as a web application in the browser; no installation is required. The provider operates and hosts the application.

Bildplattform is offered as credits (see clause 4). Image processing is carried out by an AI provider that the provider connects through its own access; within the purchased images and the free trial images it is part of the service.

The availability, feature set and quality of the AI results depend on the AI provider and are outside the provider's control.

Free recalculation: if the customer is not satisfied with the result of an edit, they can start the same edit again. One such recalculation per image is free of charge; it does not draw on bought credit, and it requires no message to the provider. Further repeats of the same image count as a new edit. Results from the free test without an account that were moved into the customer account are not an edit within the meaning of this clause: the transfer does not draw on the trial images, and the first edit of a transferred image in the account counts as a new edit. Beyond this there is no claim to any particular editing result.

Failed edits: if editing an image fails for technical reasons and therefore delivers no result, it draws neither on bought credit nor on the trial images. The provider repeats it once automatically and at its own cost when the failure is temporary.

The presentation of the software on the website does not yet constitute a binding offer. For credits the customer makes an offer by completing the purchase in the checkout of the payment provider Stripe; the contract is concluded when the payment is confirmed and the provider activates the service. Activation is automatic and follows the payment confirmation immediately.

With payment methods that settle with a delay, such as SEPA direct debit, activation follows only once the payment provider has confirmed the payment. That can take a few banking days.

Bildplattform is offered as credits. All prices are final prices. As a small business under Section 19 of the German VAT Act, the provider does not charge value added tax.

Credits: the customer buys a pack of image edits and uses them whenever they like. Offered are 15 images for 9.99 EUR, 50 images for 29.99 EUR and 200 images for 99.99 EUR. Each pack is paid once and does not renew. Credits have no expiry date and do not lapse. There is no term, no minimum purchase and nothing to cancel. Credits apply to one user of the customer account. Image processing runs on the provider's AI access. One image is deducted per processing run; the free recalculation under clause 2 is not deducted.

Trial images: a new customer account includes 10 trial images that the customer can edit free of charge, without buying credits and without entering payment details. These edits also run on the provider's AI access.

Credit is paid for in the checkout of the payment service provider Stripe. Which methods are offered there depends on the customer's country and on the payment provider, and is shown in the checkout; card payment is always available. If the customer is in default of payment, the provider may suspend image processing until the outstanding amount has been settled. The customer's account and images are retained.

Voluntary right of return: independently of the statutory right of withdrawal for consumers (clause 11), every customer, including business customers, may withdraw from the contract within 14 days of its conclusion without giving reasons. Refunded is the part of the payment that has not been used up.

With credits that is the share of the pack price that falls on the images of the pack not yet called up. Where the customer has bought several packs, images called up count first as images of the pack bought earlier. The reason is that every edited photo is billed by the AI provider immediately and cannot be undone.

A declaration in text form is sufficient, for example by e-mail to info@bildplattform.de. This right of return is a voluntary service of the provider. The statutory right of withdrawal for consumers (clause 11) remains unaffected.

With credits and the trial images the customer receives, for as long as their customer account exists, a non-exclusive and non-transferable right to use the Bildplattform software; the number of edits follows the credit bought and the trial images (see clause 4).

Access is provided as a hosted application by the provider.

The images created and edited with the software remain the customer's. The customer may use them without restriction for their own purposes, including commercial purposes, provided this does not conflict with third-party rights or the terms of the AI provider used.

Without the provider's prior consent, the customer may not, in particular, pass on, rent out, sublicense or resell the software itself, or make the access credentials available to third parties beyond the authorised users.

For the customer's edits the provider uses its own access with an AI provider. The customer needs no account of their own with an AI provider, and no contract arises between the customer and the AI provider.

This use is limited to the credit bought and the trial images (see clause 4).

The provider endeavours to achieve a high level of availability and aims for an availability of 99 percent on an annual average. This figure is a target based on best efforts and does not constitute a warranted characteristic.

Excluded from availability are periods of planned maintenance, which the provider will announce where possible, as well as outages for which the provider is not responsible, in particular disruptions at upstream suppliers or force majeure.

As part of the hosting, the provider carries out regular data backups.

The customer nevertheless remains jointly responsible for keeping their own copies of their original images and important results. The photos uploaded by the customer are processed by the provider as a processor; details are set out in the data processing agreement (DPA) at /en/legal/data-processing.

The customer is responsible for holding the rights necessary to process the uploaded content, in particular with regard to depicted persons and third-party copyrights.

Prohibited in particular is the use of the software for unlawful content, the infringement of third-party rights, the creation of misleading or deceptive representations, and any use liable to impair the security or availability of the application.

Whether and how images created or edited with Bildplattform must be labelled as AI-edited depends on the legal requirements applicable to the customer and the respective purpose of use. This concerns in particular the addition or alteration of image content, for example virtual furnishing, that creates the impression of reality.

The decision on labelling and its correct implementation rest solely with the customer. The customer bears the legal responsibility for ensuring that the images they publish or use comply with the applicable labelling and transparency obligations. The provider does not owe any legal advice in this respect.

If the customer is a business customer (entrepreneur), there is no right of withdrawal.

If the customer is a consumer, they have a statutory right of withdrawal. The details and the model withdrawal form can be found in our withdrawal notice at /en/legal/withdrawal.

As the credit is the provision of a digital service that is supplied immediately after the contract is concluded, the consumer's right of withdrawal expires early if the consumer expressly agrees, before performance begins, that performance shall begin before the withdrawal period ends and confirms their awareness that, by giving this consent, they lose their right of withdrawal once performance begins (Section 356 (4) and (5) of the German Civil Code, BGB).

The provider may temporarily suspend access if there is good cause, in particular a serious breach by the customer of these terms or of statutory requirements. The provider will inform the customer of this.

The right of both parties to terminate for good cause remains unaffected. The provider may discontinue the hosting with reasonable notice; in that case it will inform the customer in good time and enable them to secure their data.

The statutory warranty rights apply. The provider makes the software available with the functionality described at the time of purchase.

The provider does not warrant that the results generated with the software will meet a particular expectation, be free of errors or be fit for a particular purpose, as the results depend largely on the AI provider and the customer's inputs.

The provider is liable without limitation for intent and gross negligence, for injury to life, body or health, and under the Product Liability Act.

In the event of slightly negligent breach of essential contractual obligations (obligations 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 limited to the foreseeable damage typical for the contract. Otherwise liability for slight negligence is excluded.

The provider is not liable for the customer's use of the generated images.

The provider may in future offer optional, separately chargeable additional services (for example extended features or support services). Such additional services are only provided on the customer's separate order and on the terms then in force. The customer has a claim to future further development, updates or new features only to the extent expressly agreed.

Information on the processing of personal data is provided in our privacy policy at /en/legal/privacy.

Insofar as the provider processes personal data from the uploaded photos on the customer's behalf, the data processing agreement (DPA) at /en/legal/data-processing applies in addition and becomes part of this contract.

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 only applies to the extent that it does not deprive them of mandatory consumer protection provisions of the state in which the consumer has their habitual residence.

If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the provider's registered place of business. The statutory places of jurisdiction apply in relation to consumers.

Should individual provisions of these terms be invalid, the validity of the remaining provisions remains unaffected.