§ 1 Scope

These Terms of Service apply to all contracts between Josua Sievers, trading as "like.photo" (hereinafter "Provider"), Richard-Wagner-Straße 40, 91413 Neustadt a.d. Aisch, Germany, and the Customer for the use of AI-powered image generation services.

§ 2 Subject Matter

The Provider provides the Customer with a web-based platform that enables the Customer to generate and edit product images using artificial intelligence. The exact scope of services is determined by the respective service description and the selected plan.

§ 3 Contract Formation

The presentation of services on the website does not constitute a binding offer, but an invitation to submit an offer.

By registering and selecting a plan, the Customer submits a binding offer to conclude a usage agreement. The contract is concluded upon confirmation of registration by email or by activation of the customer account.

§ 4 Ownership and Usage Rights

The Customer receives a simple, unlimited license to use generated images for their own business purposes only upon acceptance of the respective image. Prior to acceptance, all rights to the generated images remain with the Provider; non-accepted images are and remain the property of the Provider. The generated images may be used for e-commerce, marketing, and advertising purposes. Sublicensing or reselling the images as such is not permitted.

Watermarks and Preview Images

Non-accepted images are marked with a digital watermark and are provided solely for quality review. Saving, downloading, taking screenshots, or any other use of non-accepted images outside the platform is prohibited. The removal, circumvention, or obscuring of watermarks – by any means, including artificial intelligence or image editing software – as well as the use of such manipulated images is prohibited.

Contractual Penalty

In case of violation of the above provisions, the Customer agrees to pay a contractual penalty of USD 500 per image used without authorization, up to a maximum of USD 5,000 in total. The Provider's right to claim further damages remains unaffected; the contractual penalty shall be credited against any damages claim.

§ 5 Prices and Payment

The prices valid at the time of order apply. Billing is in Euro (EUR).

Payment processing is handled by Polar (Polar Software Inc.) as Merchant of Record. Polar is the contractual partner for all payment transactions and automatically calculates applicable taxes (VAT, GST, sales tax) based on the customer's location.

Billing is based on a credit system. Up to 15 image variants can be generated per credit. A credit is only consumed when the Customer accepts a generated image. Rejected image variants are not charged.

For subscriptions, payment is made monthly in advance. Unused credits from the current billing period are carried over to the next month and do not expire.

§ 6 Right of Withdrawal for Consumers

If you are a consumer (i.e., a natural person who places the order for purposes that are predominantly neither commercial nor self-employed), you have a right of withdrawal in accordance with statutory provisions.

Cancellation Policy

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of contract conclusion.

To exercise your right of withdrawal, you must inform us (Josua Sievers, Richard-Wagner-Straße 40, 91413 Neustadt a.d. Aisch, Germany, Email: hello@like.photo) of your decision to withdraw from this contract by a clear statement (e.g., a letter sent by post or email).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

Special Note: The right of withdrawal expires for contracts for the supply of digital content not on a tangible medium if we have begun performance of the contract after you have expressly consented to our beginning performance before expiry of the withdrawal period and acknowledged that you thereby lose your right of withdrawal.

§ 7 Term and Termination

Subscriptions have a minimum term of one month and are automatically renewed for a further month unless terminated.

Termination is possible at any time at the end of the respective billing period. Termination can be made via the customer account or by email to hello@like.photo.

The right to extraordinary termination for good cause remains unaffected.

§ 8 Liability

The Provider is liable without limitation for damages arising from injury to life, body, or health, as well as for damages based on intent or gross negligence.

In the case of slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal obligations). Liability in this case is limited to the typical, foreseeable damage.

AI-generated images are provided without warranty for a specific quality or suitability for specific purposes. The Provider does not guarantee that the generated images are free from third-party rights.

§ 9 Data Protection

The collection and processing of personal data is carried out in accordance with our Privacy Policy. The Customer warrants that they are authorized to transmit the product images and that these do not infringe any third-party rights.

§ 10 Changes to Terms

The Provider reserves the right to change these Terms with effect for the future. The Customer will be informed of changes at least 30 days before they take effect by email. If the Customer does not object within 30 days, the changed Terms are deemed accepted. This right of objection will be specifically noted in the change notification.

§ 11 Final Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.

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 place of business.