Terms of Service (T&C)

1.1 These General Terms and Conditions (T&C) apply to all contracts concluded between

(hereinafter referred to as "Provider")

and the users of the website portraitplatform.com (hereinafter referred to as "Customers").

1.2 These T&C apply exclusively. Deviating, conflicting or supplementary terms and conditions of the Customer shall only become part of the contract if and to the extent that the Provider has expressly agreed to their validity.

2.1 Service Description

The Provider operates a web-based platform for downloading AI-generated portrait images. Customers can purchase time-based access passes that grant them access to the entire portrait gallery for the selected period.

2.2 Access Pass Models

The following Access Pass models are available:

• 1-Month Pass: Access for 30 days from the date of purchase
• 3-Month Pass: Access for 90 days from the date of purchase
• 12-Month Pass: Access for 365 days from the date of purchase
• Flex Access: Customizable access duration (selectable from 5 to 30 days), price: €1 per day

2.3 Current Prices

All prices are inclusive of VAT.

2.4 Access to Digital Content

After successful payment, the Customer receives immediate access to the complete gallery of AI-generated portraits. The images can be downloaded in high resolution (up to 2048x2048 pixels) during the active access period.

3.1 The presentation of products on the website does not constitute a legally binding offer, but rather an invitation to order.

3.2 By clicking the "Buy Now" or "Purchase" button during the booking process, the Customer submits a binding offer to conclude a contract.

3.3 The Provider sends an automatic order confirmation by email immediately after receiving the order, which does not yet constitute acceptance of the contract.

3.4 The contract is concluded when the Provider grants access to the digital content (confirmation of payment), at the latest within 24 hours after payment.

4.1 Prices

The prices stated in the respective offer apply. All prices include statutory value added tax.

4.2 Payment Methods

Payment is made via the following payment service providers:

• Stripe: Credit card, debit card, and other payment methods
• PayPal: PayPal account or credit card via PayPal

4.3 Payment Due Date

Payment is due immediately upon conclusion of the contract. Access is granted immediately after successful payment confirmation.

4.4 No Automatic Renewal

The purchased Access Pass is valid for a one-time period. There is no automatic renewal or subscription. After the access period expires, the Customer must purchase a new Access Pass to continue using the service.

6.1 Grant of Rights

With the purchase of an Access Pass, the Customer acquires a non-exclusive, unlimited in time, transferable right of use to the downloaded portrait images for the following purposes:

• Use for commercial and non-commercial purposes
• Use in digital and print media
• Use in marketing materials, websites, social media
• Use in presentations, publications, and advertising materials
• Processing and editing of the images
• Reproduction and distribution

6.2 Prohibited Uses

The following uses are prohibited:

• Resale or transfer of the images as standalone digital products
• Use for creating competing services or products (e.g., similar portrait galleries)
• Use for illegal, discriminatory, or morally objectionable purposes
• Use in connection with pornographic or defamatory content
• Claim that the portraits represent real persons without corresponding consent

6.3 Persistence of Usage Rights

The granted usage rights remain valid even after the Access Pass expires. Images downloaded during the access period may continue to be used according to the granted usage rights.

6.4 No Model Releases

The portrait images are created using artificial intelligence and do not represent real persons. Model releases are therefore not available and not necessary. The Customer is responsible for ensuring that the use of the images does not infringe the rights of third parties.

6.5 Attribution

Attribution to "portraitplatform.com" is appreciated but not mandatory. The Provider reserves the right to be named as the source.

7.1 Availability

The Provider strives for the highest possible availability of the platform. An availability of 98% on an annual average is aimed for. Excluded from this are times of maintenance work, force majeure, and disruptions that are not within the Provider's sphere of influence.

7.2 Maintenance Work

Necessary maintenance work may lead to temporary restrictions in availability. The Provider will carry out such work as far as possible outside peak usage times and will inform Customers in advance if possible.

7.3 Technical Requirements

For use of the platform, the Customer requires:

• An internet-capable device (computer, tablet, or smartphone)
• An up-to-date web browser (Chrome, Firefox, Safari, Edge)
• A stable internet connection
• Sufficient storage space for downloading the images

8.1 Unlimited Liability

The Provider is liable without limitation for intent and gross negligence, for intentional or negligent injury to life, body, or health, according to the provisions of the Product Liability Act and to the extent of a guarantee assumed by the Provider.

8.2 Limited Liability

In the case of the slightly negligent breach of essential contractual obligations, the Provider's liability is limited to the contract-typical, reasonably foreseeable damage. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the Customer may regularly rely.

8.3 Exclusion of Liability

Liability for other damages is excluded, unless mandatory statutory provisions provide otherwise. The above liability limitations also apply with regard to the liability of the Provider's employees, representatives, and vicarious agents.

8.4 Liability for Content

The Provider assumes no liability for the legal permissibility of the use of the portrait images by the Customer. The Customer is solely responsible for ensuring that the use does not infringe the rights of third parties.

The Provider reserves the right to amend these T&C with effect for the future if this is necessary due to changes in the law, changes in jurisdiction, changes in economic circumstances, or gaps in these T&C that subsequently become apparent.

The Customer will be informed of the changes at least six weeks before they take effect via email. If the Customer does not object to the validity of the new T&C within six weeks after receipt of the notification, the amended T&C shall be deemed to have been accepted. The Provider will specifically inform the Customer of his right of objection and the significance of the objection period in the notification.

11.1 Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

11.2 Place of Jurisdiction

If the Customer 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 the Provider's registered office. The same applies if the Customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is brought.

11.3 Severability Clause

Should individual provisions of these T&C be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

11.4 Online Dispute Resolution

The EU Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/ . We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.