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Terms of Service

This English text is a convenience translation; the legally binding version of these Terms is in German. The operator is Digitalmindsoft Publishing e.K., based in Germany. The version published in the service applies.

1. Scope and provider

These Terms of Service govern the use of the platform offered under “AmberCraft” or “AmberCraft Studio” (the “Service”) by Digitalmindsoft Publishing e.K., Hörvelsinger Weg 51, 89081 Ulm, Germany (the “Provider”, “we”). By registering for or using the Service, the user accepts these Terms. Conflicting terms of the user do not apply unless we expressly agree to them in writing.

2. Subject of the contract

The Service enables the AI-assisted creation and editing of digital graphic and video content (e.g. emotes, stickers, thumbnails, avatars, overlays, clips). The Provider owes the provision of the functions, not a particular artistic result. The range of features, the models, and the underlying providers may evolve; there is no entitlement to a specific technical process.

3. Registration and user account

An account is required in order to use the Service. The user provides truthful information, keeps their access credentials confidential, and is responsible for all activity carried out via their account. As a rule, one account per person is permitted. The user must be of legal age or have the consent of their legal guardian.

4. Amber balance, prices and payment

Paid functions are used via the prepaid digital balance “Amber”. Amber has no cash value, cannot be paid out, and cannot be transferred to other accounts. The prices displayed in the Service at the relevant time apply, including statutory value-added tax; payment is processed via our payment service provider. We may adjust prices and the Amber cost of individual functions with effect for the future.

5. Right of withdrawal and refunds

The purchase of Amber constitutes the supply of digital content or services. By purchasing, the user requests immediate provision, expressly consents to performance beginning before the withdrawal period expires, and confirms their awareness that their right of withdrawal lapses upon complete performance of the contract or upon the start of performance (§ 356(5), § 357(8) BGB (German Civil Code)). To the extent permitted by law, Amber already purchased is excluded from any refund. Mandatory statutory consumer rights remain unaffected.

6. No refund on account deletion

If the account is deleted or terminated – for whatever reason and by whomever – unused Amber expires without compensation. To the extent permitted by law, there is no entitlement to payout, refund, or compensation of value for purchased or unused Amber.

7. Permitted use and prohibited content

The user is solely responsible for their inputs and the content generated. The following rules implement, in addition to statutory requirements, the rules of our payment service providers and the card schemes (in particular Visa and Mastercard). In particular, it is prohibited to create, upload, or distribute content that:

  • is unlawful or violates applicable law;
  • is racist, discriminatory, incites hatred, is sexist, or is degrading;
  • is pornographic or sexually explicit, or sexualizes minors; any sexual depiction of minors is subject to absolute zero tolerance and is reported to the competent authorities;
  • shows sexual or intimate depictions of real, identifiable persons without their explicit consent;
  • glorifies violence or calls for violence or hatred;
  • is harmful to minors, harassing, insulting, or misleading;
  • infringes the rights of third parties (in particular copyright, trademark, personality, or data protection rights);
  • recognizably depicts real persons without their consent, including deceptive “deepfakes”.

Likewise prohibited are the circumvention of technical protection and filtering measures, automated bulk retrieval, and any other abusive use of the Service.

We employ technical and manual moderation, may review and remove content before or after publication, and report unlawful content – in particular child sexual abuse material – to the competent authorities. Violations may result in immediate suspension without refund (clause 9).

8. Rights to generated content

Within the scope of applicable law, the user receives the rights of use in the assets they generate and may also use them commercially. The user warrants that they hold the necessary rights to their inputs (e.g. uploaded images, texts, references) and, in this respect, indemnifies us against claims by third parties. In particular, likenesses of real persons may only be used as input with their explicit consent; uploading images of other people without their consent is prohibited (images of yourself are permitted). We may process and store content insofar as this is necessary for the operation of the Service.

9. Suspension, sanctions and termination

In the event of breaches of these Terms of Service – in particular abusive use or prohibited content – we are entitled to remove content, restrict functions, and temporarily suspend the account or terminate it permanently. In the case of serious or repeated breaches, this may take place without prior notice and without refund of Amber already purchased. The user may delete their account at any time; clause 6 (no refund) remains unaffected.

10. Availability and changes to the service

We endeavor to ensure high availability but do not owe uninterrupted accessibility. Maintenance work, disruptions, or further development may lead to temporary limitations. We may adjust the range of features insofar as this is reasonable for the user.

11. Liability

We are liable without limitation in cases of intent and gross negligence, as well as for injury to life, body, or health and under the Product Liability Act. In the case of slight negligence, we are liable only for the breach of a material contractual obligation (cardinal obligation), and limited in amount to the foreseeable damage typical for the contract. Otherwise, liability is excluded. For AI-generated results, we assume no warranty as to accuracy, fitness for a particular purpose, or freedom from the rights of third parties.

12. Trademarks and copyright

“AmberCraft™” and “AmberCraft Studio™”, as well as the associated logos, are trademarks or business designations of Digitalmindsoft Publishing e.K. and may not be used without prior written consent. Further details are set out in the Imprint.

13. Changes to these terms

We may amend these Terms of Service with effect for the future insofar as this is reasonable for the user. We will inform users of material changes in an appropriate manner. If the user does not object within a reasonable period or continues to use the Service, the amended Terms are deemed accepted.

14. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods; mandatory consumer protection provisions of the state of the user’s habitual residence remain unaffected. Should any provision be or become invalid, the validity of the remaining provisions remains unaffected. Information on online dispute resolution is contained in the Imprint.