General Terms and Conditions (GTC)

§ 1 Scope

These General Terms and Conditions apply to all contracts between Kay Maik Fotografie (hereinafter "Provider") and the user regarding the use of the online service "NeuroShot" for AI-supported image generation.

§ 2 Service Description

NeuroShot offers:

• AI-supported generation of product photos (Product Studio)
• AI-supported generation of model shootings (Model Studio)
• AI-supported creation of logo mockups (Logo Studio)

Use is via a credit system. The consumption of credits depends on the chosen action and is displayed before execution.

§ 3 Registration & Account

• Registration with a valid email address is required for use. The service is intended exclusively for persons aged 18 and over.
• The user is responsible for keeping their access data confidential.
• New accounts receive a one-time 5 free credits for testing.
• Only one free test account is permitted per person/email address.

§ 4 Credits & Payment Terms

• Credits can be purchased as a one-time purchase or in a monthly subscription.
• One-time purchased credits are valid indefinitely.
• Credits from subscriptions are retained and do not expire at the end of the billing period (rollover).
• Already used credits will not be refunded.
• Prices are inclusive of all taxes (small business regulation § 19 UStG).

§ 5 Rights of Use for Generated Images

• The user may use all images generated with NeuroShot freely and commercially without time limit. As AI-generated content, these images generally do not enjoy independent copyright protection; identical or similar results may also be available to third parties.
• Attribution of NeuroShot or Kay Maik Fotografie is not required.
• The user assures that they have all rights to uploaded reference images.
• The provider assumes no liability for copyright infringements through content provided by the user.
• Every generated image carries a machine-readable marking in its metadata identifying it as AI-generated content (Art. 50(2) EU AI Act). This marking must not be removed or falsified. Where the user publishes images that recognisably show real people, the user is themselves obliged under Art. 50(4) of the EU AI Act to disclose them as AI-generated. Whether an image carries the marking can be checked free of charge at neuroshot.de/en/ai-image-check.

§ 6 Prohibited Use

The user is prohibited from:

• Generating illegal, violence-glorifying, or pornographic content
• Use for creating deceptively real deepfakes of real persons without their consent
• Automated mass use (scraping, bots) without prior approval
• Resale of access or credits to third parties
• Generating or uploading depictions of minors, in particular in a sexualised, degrading or promotional context
• Generating depictions of real public figures (for example from politics, sport or entertainment) in invented situations, even where the depiction is intended as satire or commentary

Violations may lead to immediate blocking of the account without refund.

§ 7 Content moderation, reporting & points of contact

Where users publish content in the community, NeuroShot is a hosting service within the meaning of the Digital Services Act (Regulation (EU) 2022/2065). The following information fulfils its Art. 14.

• Means used: An automated safety filter of the AI model applies already at generation time and rejects requests involving violence, sexualised content, hate speech and dangerous content. This check is purely algorithmic and may in individual cases reject wrongly or miss something. Published community content is not reviewed in advance but on a case-by-case basis following a report — and then always by a human.
• Reporting illegal content (Art. 16 DSA): Any person may report content to us that they consider illegal. Signed-in users can use the report function on every post and comment. Without a user account, an email to info@kaymaikfotografie.de with the subject “DSA report” is sufficient; please state the link to the content, the reason for the report and an explanation. We confirm receipt.
• Decision and statement of reasons (Art. 17 DSA): We review every report and decide on removal, suspension or retention of the content. Both the reporting person and the affected user receive a reasoned notification of the decision. At the time of the report we retain a copy of the reported content so that the decision remains traceable even after deletion.
• Objection: As a micro-enterprise we are exempt under Art. 19 DSA from the requirements on the formal internal complaint-handling system (Art. 20 et seq. DSA). Irrespective of that, you may object to a moderation decision informally by email; we will then review the case again. Your right to bring the matter before a court or a competent authority remains unaffected.
• Points of contact (Art. 11, 12 DSA): The single point of contact for authorities, for the European Commission, for the Digital Services Coordinator and for users is: Kay Maik Fotografie, Kay Maikowske, Tönisberger Str. 33, 47509 Rheurdt, Germany, info@kaymaikfotografie.de. Languages of communication are German and English.
• Measures in the event of infringements: Depending on severity we remove the content concerned, restrict its visibility or suspend the account. In the case of manifestly criminal content we reserve the right to involve law enforcement authorities.

§ 8 Availability & warranty

• The provider strives for high availability but does not guarantee 100% uptime.
• AI generation may fail in individual cases; used credits will be automatically refunded in case of technical errors.
• The quality of the AI results may vary and is not guaranteed.

§ 9 Limitation of liability

The provider is only liable for intent and gross negligence as well as for the breach of essential contractual obligations. Liability is limited to the foreseeable, typical contractual damage. This limitation does not apply to damages from injury to life, body, or health.

§ 10 Termination & account deletion

• One-time purchases: No termination required, credits remain indefinitely usable.
• Subscriptions: Cancellable at any time at the end of the billing period.
• Account deletion: Possible at any time via profile settings. All data will be irrevocably deleted.
• Inactive accounts: After continuous inactivity (no login and no use) of 12 months – or 24 months for customers with prior purchases – the provider is entitled to delete the account after prior notice of at least 30 days by email, unless the user becomes active again within this period. Data can be exported before deletion. Active paid subscriptions remain unaffected.

§ 11 Changes to these terms

The provider may amend these GTC where necessary to adapt to a changed legal situation or case law, or to changed technical or economic conditions, and where this does not unreasonably disadvantage the user. Amendments will be communicated to the user in text form (e.g. by email) at least 30 days before they take effect. The notice will separately point out the amended provisions, the right to object, the deadline, and that the user's silence is deemed to be consent. If the user does not object within 30 days of receiving the notice, the amended GTC are deemed accepted. If the user objects in time, either party may terminate the contract as of the planned effective date; until then the previous terms continue to apply. Changes to the main contractual obligations or to prices are not made by way of this deemed-consent mechanism.

§ 12 Final provisions

• German law applies to the exclusion of UN sales law.
• If the user is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Krefeld. For consumers, the statutory places of jurisdiction apply.
• Should individual provisions be ineffective, the effectiveness of the remaining provisions remains unaffected.