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Terms and Conditions

1. Scope of Application

These Terms and Conditions apply to all contracts concluded between Maciej Suchowski, Niederbornstrasse 35, 60435 Frankfurt am Main, Germany (hereinafter "Provider") and users (hereinafter "Customer" or "User") via the platform myai.art.

2. Subject of the Contract

The Provider offers an online platform that enables users to create and edit multimedia content using Artificial Intelligence (AI). This includes in particular:

  • Generation and editing of images (e.g., text-to-image, style transfer, background removal, object removal, upscaling, colorization)
  • Generation and editing of videos (e.g., image-to-video, text-to-video, photo animation)
  • Generation of audio content (e.g., text-to-music)
  • Document processing (e.g., PDF translation)
  • AI-powered text functions (e.g., Chat AI)
  • Vector graphics creation (e.g., SVG generation, image-to-vector)

Usage is possible either free of charge, through a paid subscription, or by purchasing credit packs.

3. Registration and User Account

  • Use of the platform requires registration.
  • The data requested during registration must be provided completely and truthfully.
  • The user is obligated to keep their login credentials confidential and protect them from third-party access.

4. Services and Availability

  • The Provider makes available the functions described in the respective plan.
  • There is no claim to constant, uninterrupted availability of the platform. Maintenance work, further development, or disruptions may lead to restrictions.
  • The Provider reserves the right to change the services offered, provided this is reasonable for the user.

5. Fair Use Restrictions

Certain features of the platform (e.g., free chat access for Pro Plan users, guest usage, free tools) are subject to fair use restrictions:

  • Usage is limited to moderate, personal use and primarily serves for evaluation and regular use of the services.
  • In case of excessive usage (e.g., automated requests, bulk requests, scripting, or abusive use), the Provider reserves the right to restrict or disable usage.
  • The Provider may adjust fair use limits at any time to ensure fair usage for all users.
  • Commercial use of free services without an appropriate license is prohibited.
  • Violation of these restrictions may result in account suspension or termination.

6. Content Storage

  • Generated and uploaded content is stored on the Provider's servers to allow users access via the gallery function.
  • Users without an active subscription (Free Users) have no claim to permanent storage. The Provider reserves the right to delete content from Free Users after 30 days of inactivity or when storage space is limited.
  • Storage is also time-limited for Pro Plan users. The Provider does not guarantee indefinite retention of content. It is recommended to save important content locally.
  • Upon cancellation of the subscription, stored content will be deleted after a transition period of 30 days.
  • The Provider is not liable for loss of stored content.

7. Use of AI Services

  • Content uploaded by the user (images, videos, documents, prompts) is transmitted to external AI service providers (e.g., OpenAI, Replicate, Google) for processing.
  • The user confirms that they have all necessary rights to the uploaded content and that no copyright, personality, or other third-party rights are violated. Uploading content without appropriate authorization is expressly prohibited.
  • The user indemnifies the Provider against all third-party claims arising from a breach of this obligation, including reasonable legal defense costs.
  • Use of the platform for illegal, immoral, or abusive purposes is prohibited. This includes in particular the creation of content that violates applicable law, is discriminatory, glorifies violence, or is pornographic.

8. Payment Terms

  • Payment for paid services is processed through the payment methods offered on the platform (e.g., PayPal, Klarna, bank transfer, or other payment providers).
  • The current prices and payment terms are available on the platform.
  • Price Changes: The Provider reserves the right to adjust prices for credit packs and subscriptions at any time. Price changes only apply to future purchases and not to already purchased credits or current billing periods of existing subscriptions.
  • Credit Costs: Credit costs per AI function may be adjusted based on market conditions, API costs of external service providers, or technical changes. Currently valid credit costs are visible before each use on the platform.
  • Credits do not expire as long as the user account is active.
  • In case of payment default, the Provider is entitled to block access to the platform.
  • If the user cancels an already started AI-powered video generation job, 50% of the credits used will be refunded. The remaining 50% are forfeited as compensation for computing resources already started. No further refund claims exist.

9. Right of Withdrawal

Consumers generally have a statutory right of withdrawal. Details can be found in the cancellation policy on the platform.

10. Liability

  • The Provider is liable without limitation for intent and gross negligence.
  • For slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal obligations), limited to the foreseeable, contract-typical damage.
  • Liability for data loss, indirect damages, or lost profits is excluded to the extent permitted by law.
  • The results of content generated by Artificial Intelligence (AI) (particularly images, videos, audio, and other multimedia works) are created automatically and may contain content or quality deviations, errors, or undesirable results. The Provider assumes no liability for the accuracy, completeness, suitability, or quality of AI-generated results. There is no claim to a specific quality, freedom from errors, or usability of generated content. Use of AI results is at the user's own risk.

11. Copyright and Usage Rights

  • Content generated through the platform (images, videos, audio, vector graphics, and other multimedia works) may be used by the user within the applicable legal provisions.
  • The user receives a simple, non-transferable right to use content they have generated for private and commercial purposes, provided they have an appropriate subscription or sufficient credits.
  • The Provider reserves the right to anonymously evaluate generated content to improve services, unless the user objects.
  • When using AI-generated content, the user is responsible for checking any third-party copyrights, trademark rights, or personality rights.

12. Contract Duration and Termination

  • The contract duration depends on the chosen subscription.
  • The user may cancel the subscription at any time at the end of the term.
  • Upon cancellation, already purchased credits remain usable until the account is deleted.
  • The right to extraordinary termination for good cause remains unaffected.

13. Data Protection

The privacy policy published on the platform applies.

Note: For abuse prevention and limitation of guest usage (rate limiting), the IP address is temporarily stored and counted. Details can be found in the privacy policy.

14. Final Provisions

  • The law of the Federal Republic of Germany applies.
  • Should individual provisions of these Terms and Conditions be invalid, the validity of the remaining provisions remains unaffected.
  • The place of jurisdiction is, to the extent legally permissible, the Provider's place of business.

Last updated: December 2024

vmain-b373d2a· 12.02.26, 22:33
Terms and Conditions