Terms of Use

§ 1 Scope

1. DynaPictures GmbH, Adlerstr. 19, 79098 Freiburg im Breisgau, Germany ("Provider") provides its services in the area of software rental to customers solely on the basis of these Terms of Use.

2. These Terms of Use apply exclusively to businesses, legal entities under public law or special funds under public law within the meaning of § 310 (1) BGB. We don't provide services to other types of clients, unless we explicitly agree in written form.

3. These therms of use also apply to all future transactions with The Customer, as far as related legal transactions are conducted.

§ 2 Services

1. The provider rents a software platform (hereafter "Software") for automatic image generation. This way of provisioning and renting of software is also called Software-as-a-Service.

§ 3 Service Level Agreement (SLA)

1. An annual availability of 94% is guaranteed, based on the current reliability of the Software.

2. The periods of force majeure or other unforeseeable extraordinary circumstances outside our control are excluded when calculating availability of the Software.

3. Maintenance windows: the maintenance work will be carried out whenever possible between 18:00 and 9:00 on weekdays and between 8:00 and 22:00 on weekends or public holidays.

4. The time of maintenance windows is excluded when calculating availability of the software.

5. There are no availability guarantees during the 14-day trial period.

§ 4 Rights of Use

1. The Provider grants The Customer a simple, non-exclusive, non-transferable, contract-limited right to use the software.

2. The Customer grants The Provider a simple, non-exclusive, non-transferable right to analyze processed data, including usage statistics, and use this data in existing and new product development as well as aggregate and incorporate it in anonymized form into products that are based on machine learning.

3. The Customer grants The Provider a permission to utilize the Customer's logo and name in the Provider's marketing materials. The Customer affirms that they possess the necessary authorization to grant this permission and is responsible for procuring all required permissions in written form, which shall be provided to the Provider upon request.

§ 5 Contract Conclusion, Period and Termination

1. The contract is concluded when the client confirms acceptance of our terms of use and privacy policy by selecting "I agree to terms of use and privacy policy" checkbox and then by clicking "Register".

2. The contract is concluded when the client confirms acceptance of our terms of use and privacy policy by clicking on "Yes, I agree to Terms of Use and Privacy Policy" button, if The Customer was invited by Provider or if The Customer was logged in through social networks.

3. The condition of the contract is the agreement to the terms and conditions and privacy policy of our reseller, the Bright Market, LLC d/b/a FastSpring, when placing an oder through FastSpring, unless otherwise agreed.

4. The contract period is 1 or 12 months, depending on the period that's selected by a client.

5. The current text of these terms of use is available at https://dynapictures.com/p/terms .

6. The contract is renewed automatically if The Customer doesn't deactivate the option "Securely save payment details for automated subscription renewal" during the ordering process.

7. The automatic renewal can be cancelled at any time on the subscription settings page of our payment provider (FastSpring).

8. The contract may be terminated at any time by both The Customer and the Provider with a notice period of one week to the end of the month.

9. The contract may be terminated at any time by both parties within the first 14 days of the contract period, during the free trial period.

10. The contract is automatically terminated by the Provider if no order is placed by The Customer after the end of the free trial period.

11. The cancellation must be made in written form or sent by e-mail to the Provider, or by changing the subscription settings by The Customer on FastSpring.

12. The Customer has the special right to terminate this contract in case of bad service provided. In this case, already provided services remain unaffected and are not eligible for a refund.

13. The Provider reserves the right to verify the legal and contractual use of the Software.

14. Upon detection of any breach of law or these Terms of Use, the access to the Software and provided services will be shut down by Provider immediately.

15. For both free and paid offers on the website, the submission of the order form by the customer represents a binding offer, which Provider can accept within two weeks by sending an order confirmation. The unconfirmed offers or cost estimates are without obligation.

§ 6 Compensation and Payment

1. The rent (hereafter "Subscription") for the software has to be paid in advance.

2. All orders are made through our reseller, Bright Market, LLC d/b/a FastSpring (801 Garden St., Santa Barbara, CA 93101, USA), unless otherwise agreed.

3. The prices for the subscriptions are available at https://dynapictures.com/p/pricing.

4. The details of the selected subscription and order, the price and the duration of the subscription are saved at the conclusion of the contract and then available at https://dynapictures.com/app/subscription.

§ 7 Obligations of the Customer

1. The Customer expressly agrees that the Software can be used only with own images and texts, or only on behalf of and with the written permission of the rightful owner.

2. The Customer agrees to provide his business and personal information correctly.

3. The Customer agrees to keep his password secret and not to pass it on.

§ 8 Data Protection

1. The Provider processes personal data according to the statutory requirements.

2. Further information can be found in Privacy Policy of DynaPictures GmbH at https://dynapictures.com/p/privacy-policy.

§ 9 Liabilities

1. The Provider is liable for intent and gross negligence in accordance with statutory requirements.

2. The Provider is liable for slight negligence in accordance with the Product Liability Law (Produkthaftungsgesetz) and also for damages with injury to life, body or health of persons.

3. The Provider is liable in case of slight negligence only in case of breach of an essential contractual obligation, the fulfillment of which is required for the proper execution of the contract in the first place, and on the compliance of which the customer may regularly rely (cardinal obligation).

4. In the case of a breach of cardinal obligation, the provider is liable only to the amount of the foreseeable, contract-typical damage.

5. The Provider is not liable in case of slight negligence for all other damages, losses of profit or consequential damages.

§ 10 Changes to these Terms of Use

1. The Provider reserves the right to change these Terms of Use, provided that the Provider notifies the Customer in written form or by e-mail at least four weeks before the entry into force.

2. If the Customer does not agree with this particular change, the customer is entitled to object to the change with a notice period of four weeks after receipt of the notice.

3. Otherwise, the change is considered accepted.

§ 11 Applicable law, Jurisdiction

1. The law of the Federal Republic of Germany is applicable to the exclusion of the UN Sales Convention (CISG).

2. The place of jurisdiction for all disputes arising from or in relation to these Terms of Use is Freiburg im Breisgau, Germany.

§ 12 Severability Clause

1. Any part of these Terms of Use, that is ineffective or invalid, does not affect the validity of the remaining parts of these Terms of Use.

Revision 1/2023