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.

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.

The actual AI image processing is carried out by an AI provider chosen by the customer, which the customer connects with their own access key (API key) and pays for themselves. The provider does not sell AI credits, AI allowances or image-processing quotas. The availability, feature set, quality and price of the AI results depend on the AI provider chosen by the customer and are outside the provider's control.

The presentation of the software on the website does not yet constitute a binding offer. The contract is concluded when the customer orders the licence and the provider confirms the order or makes the licence or access available.

Orders can be placed by payment on invoice (bank transfer) or via the payment service provider Stripe.

The licence for Bildplattform is offered as a single payment of 500 EUR. This price includes use by up to five users. Each additional user costs a one-off 100 EUR.

All prices are exclusive of statutory value added tax. The provider operates Bildplattform under the standard VAT regime (Regelbesteuerung) and shows VAT separately on the invoice.

These are one-off prices. No recurring costs, subscription fees or ongoing licence fees for the licence itself are payable to the provider.

Payment is made, at the customer's choice, by invoice and bank transfer or via Stripe. The costs of the AI provider chosen by the customer are not included in the price (see clause 6).

On full payment the customer receives a perpetual, non-exclusive and non-transferable right to use the Bildplattform software in the version purchased, for the number of users purchased. Access is provided as a hosted application by the provider.

The customer may use the images created and edited with the software 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 licensed users.

For the AI image editing the customer needs their own account with an AI provider (for example OpenAI or Black Forest Labs) and stores that provider's API key in the software.

The contract for using the AI service is concluded exclusively between the customer and the respective AI provider. All costs arising from it and compliance with the AI provider's terms are the customer's sole responsibility. The provider is not involved in this and in particular does not owe the availability, feature set or pricing of the AI provider.

The provider stores the API key in encrypted form and uses it solely to trigger the edits initiated by the customer, in the customer's name and at the customer's expense.

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, force majeure, or disruptions at the AI provider chosen by the customer.

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 licence 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 and the chosen AI provider will meet a particular expectation, be free of errors or be fit for a particular purpose, as the results depend largely on the chosen 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 services, outages, costs or results of the AI provider chosen by the customer, nor 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.