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.

§ 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

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

§ 7 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.

§ 8 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.

§ 9 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.

§ 10 Changes to the GTC

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.

§ 11 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.