General Terms and Conditions (GTC)

General Terms and Conditions of Sale (GTC)

Provider: SYMBITEG GmbH

Stand: 07.04.2026

Note: These GTC apply exclusively to contracts with consumers (Section 13 BGB). Separate B2B GTC apply to contracts with entrepreneurs (Section 14 BGB), which we provide separately upon request.

§ 1 Scope

These GTC apply to all contracts between us as provider ("we"/"us") and you as a consumer (Section 13 BGB) regarding
- the use of our online AI-assisted image editing service and
- the purchase of digital content and/or usage quotas ("credits"),
that are concluded via our website or our web application.
Deviating general terms and conditions of the user do not apply.
Separate B2B GTC apply exclusively to contracts with entrepreneurs. If you wish to use the service as a company, freelancer, or for commercial/professional purposes, please contact us before concluding the contract; without express agreement, use takes place as a consumer.

§ 2 Subject Matter of Contract / Scope of Services

We operate an online AI-assisted image editing service. Users can upload their own image files and have them edited automatically based on text-based instructions (prompts). Depending on the scope of offered functions, this includes in particular editing, combining, merging, transforming, or otherwise jointly processing multiple images provided by you into one editing result (collectively, the "service").
The specific functionality, available models, quality levels, resolutions, file formats, usage limits (e.g., file size, number of edits, or required credits), and the fees applicable in each case are set out in the information on our website and in the ordering process at the time the contract is concluded.
We do not owe any specific creative, aesthetic, or economic success. In particular, the quality of results may depend on the prompts entered, the source images provided, the selected model, and system-related limitations.
We do not provide a physical data carrier. All services are provided exclusively digitally.
Content provided by you, in particular images and prompts, as well as generated editing results ("outputs"), is generally processed and stored only to the extent required for contract performance, IT security, abuse and fraud prevention, and compliance with legal obligations. Any storage or archiving beyond this takes place only where expressly offered (e.g., in the customer account) and used by you.
Without your separate express consent, we do not use your content to train our own AI models.

§ 3 Registration and User Account

Use of the service may require prior registration and creation of a user account. Information requested for this purpose must be complete and correct.
Access data must be kept confidential by you and protected against unauthorized access. Disclosure to third parties is not permitted. If third parties use your account, you are liable for resulting use within the framework of statutory provisions, provided you are responsible for this.
We are entitled to block or delete accounts if false information was provided, these GTC or applicable law are violated, or there is suspicion of abuse.

§ 4 Conclusion of Contract in Electronic Commerce

The presentation of our services on the website does not constitute a legally binding offer but a non-binding invitation to submit an offer.
You select the desired package (single credits, credit package, subscription, or comparable model) and complete the ordering process. Before submitting the order, you can review and correct your entries at any time.
The contract is concluded when you click the button "order with obligation to pay" (or an equally clear wording) at the end of the ordering process and we accept your order by an order confirmation email.
We store the contract text. The order data and these GTC are sent to you by email. Where a customer account has been set up, you can view your orders there.
Contract language is German. Any translations are provided solely for convenience; in case of doubt, the German version is authoritative.

§ 5 Prices and Payment Terms

All prices shown on our website to consumers are final prices in euros and include applicable statutory VAT.
The specific applicable prices and any terms, renewal conditions, and notice periods are clearly displayed in the ordering process.
Payment is made exclusively via PayPal. PayPal's terms of use additionally apply. However, we remain the user's contractual partner; PayPal provides payment processing only.
Any transaction, currency conversion, or other user-side fees charged by PayPal are governed solely by your contractual relationship with PayPal.
Unless otherwise stated, the purchase price is due immediately upon conclusion of contract. If payment fails, we may temporarily block access to the service until payment is successful.

§ 6 Credits, Subscriptions, and Terms

Credits are a usage quota purchased in advance for individual uses of the service. With each usage process, the number of credits shown for the selected function, quality, resolution, or model is consumed.
Credits may be purchased as individual quotas or within subscription models. The respective scope of services is determined by the service description at the time of contract conclusion.
For subscriptions, the minimum terms, renewal periods, and notice periods indicated at contract conclusion apply. Subscriptions automatically renew after expiry of the respective minimum term or contract period by the further term specified in each case unless terminated in due time.
We provide in the customer account and/or on our website a legally compliant cancellation path through which subscriptions can be terminated at any time with effect from the next possible date.
Where expressly indicated in the ordering process, credits may expire after a clearly specified validity period shown there. Expiry requires that the validity period was transparently, reasonably, and clearly communicated to the consumer before contract conclusion. Statutory user rights, in particular in case of defects, service disruptions, or effective exercise of a right of withdrawal, remain unaffected.
Payout or refund of unused credits is made only where legally required or expressly contractually agreed.
In case of permanent discontinuation of the service, we announce discontinuation at least 30 days in advance. Statutory user claims remain unaffected.

§ 7 Provision of the Service / Technical Requirements / Availability

As a rule, we provide access to the online service 24/7. Specific uninterrupted availability or specific computing speed is not guaranteed.
Maintenance work, security updates, capacity adjustments, or disruptions outside our sphere of influence (e.g., failures of telecommunications networks, hosting providers, force majeure) may temporarily impair use.
The system requirements necessary for use (e.g., browser, operating system, file formats, maximum file sizes) are stated on the website. You are responsible for ensuring that your devices and internet connection meet these requirements.
Where we expressly promise specific availability, your statutory rights in case of significant deviations remain unaffected.

§ 8 Usage Rules / Prohibited Content

Use of the service is permitted only within the framework of statutory provisions, these GTC, and the usage rules provided on our website and/or in the service.
You may use the service only for content for which you hold the required rights, consents, and other legal bases. This applies in particular to uploaded images, used prompts, combination or joint editing of multiple images, and depiction, editing, or realistic representation of real persons.
Use is prohibited in particular for: - deepfakes or other realistic depictions of real persons without required consent or other legal basis, - content infringing copyright, trademark, design, personality, data protection, or other third-party rights, - non-consensual intimate content, - content violating youth protection laws, - criminal, extremist, hate-inciting, discriminatory, or otherwise unlawful content, - misleading or deceptive content intended to be created or distributed for manipulative, fraudulent, or otherwise abusive purposes.
We are entitled to review, block, or remove content and to temporarily or permanently restrict or block user accounts where concrete indications exist of a violation of these GTC or applicable law. Where legally required and reasonable, we inform the affected user about the measure and its essential reasons.
In case of culpable violations, we reserve the right to terminate access within the framework of statutory provisions and to assert damages under statutory law.

§ 9 Rights in Inputs and Outputs / License

You remain, where legally possible, the holder of rights in the content uploaded or otherwise provided by you, in particular images and prompts ("inputs").
You grant us a simple, non-exclusive license to inputs and to editing results generated therefrom ("outputs"), limited to contract performance and secure operation of the service. This includes in particular temporary storage, display, processing, transmission, and technically required conversions and measures for security, fraud prevention, and abuse prevention.
Where legally possible, rights in outputs belong to you. Third-party rights and statutory limitations and restrictions remain unaffected.
As a rule, we do not comprehensively pre-check the legal admissibility of your inputs and outputs. You warrant that you have all rights, consents, and other legal bases required to use the service. This applies in particular also to depiction of real persons and combination of multiple images provided by you. You are liable for legal violations in accordance with statutory provisions.

§ 10 Right of Withdrawal for Consumers

As a consumer, you generally have a statutory right of withdrawal of 14 days for distance contracts. Details are set out in the withdrawal information and model withdrawal form below.
Where you expressly request that we begin performance of the contract before expiry of the withdrawal period, we obtain the legally required declarations separately in the ordering process.
For contracts on digital services - in particular access to the service, use of the service via credits, and subscriptions - the following applies: if you expressly request that we start performance before the withdrawal period expires and you later withdraw from the contract, compensation for value for services already provided until withdrawal may be due under statutory provisions.
For contracts on provision of digital content not supplied on a tangible medium, the right of withdrawal may expire before the end of the withdrawal period if we have begun contract performance after you - expressly agreed that we start contract performance before expiry of the withdrawal period, and - confirmed your knowledge that you lose your right of withdrawal once contract performance starts.
Which of these statutory rules applies in an individual case to the product you selected or the specific service depends on the type of booked offer and its legally correct classification.

§ 11 Warranty for Digital Products

Our digital services are subject to the statutory provisions on digital products and digital services toward consumers. This includes in particular your claims for contractual provision, remedy of defects, updates where required, and reduction or withdrawal in accordance with applicable statutory rules.
Where legally required, we also provide, during the relevant period, updates necessary to maintain contractual conformity and security of the service, and inform you accordingly in a suitable manner.
Please contact the address stated in the legal notice if you have problems with use, technical errors, non-availability of promised functions, or other service disruptions. We will review complaints and process them within a reasonable period.
Contractual guarantees exist only where we expressly designate them as a "guarantee." Your statutory warranty rights are not limited by these GTC.

§ 12 Liability

We are liable to you for damages without limitation - in cases of intent and gross negligence, - in cases of injury to life, body, or health, - under the provisions of the German Product Liability Act, - to the extent of a guarantee expressly assumed by us.
In cases of slight negligence, we are liable only for breach of an essential contractual obligation. Essential contractual obligations are obligations whose fulfillment enables proper performance of the contract in the first place and on whose compliance you may regularly rely. In these cases, our liability is limited in amount to the foreseeable damage typical for the contract.
Otherwise, liability for slight negligence is excluded.
The above limitations of liability also apply in favor of our legal representatives and vicarious agents.
Mandatory statutory claims, in particular under consumer protection provisions, remain unaffected.

§ 13 Special Liability Provisions for AI Results

AI-assisted editing results may be erroneous, incomplete, or unsuitable for specific purposes. They do not replace expert review or advice.
You are obliged to review the suitability of generated content on your own responsibility before any further use (in particular publication, commercial use, printing, advertising).
Our liability for damages resulting from unreviewed adoption of AI results is governed by Section 12.

§ 14 Abuse Reporting / Notice-and-Action

We provide on our website an easily accessible electronic contact option for reporting allegedly unlawful content or other violations of these GTC.
A report should, where possible, include: a sufficiently concrete description of the contested content, where the content can be found within our service, the reason for the complaint, and a contact option for follow-up questions if available.
Upon receipt of such a report, we review the matter and, within the framework of statutory requirements, take the necessary and appropriate measures. This may in particular include removal or blocking of content, restriction of visibility, temporary account suspension, or permanent termination of access.
Where legally required and possible, we confirm receipt of a report and inform the affected person and/or reporting user about our decision.

§ 15 Open Source Notices

Our service may use open source software components. The applicable licenses and notices are listed in a separate section "Open Source Notices" accessible via the website (e.g., in the footer).
Trademarks and rights remain with their respective holders.

§ 16 International Provision / Choice of Law / Jurisdiction

The law of the Federal Republic of Germany applies.
Mandatory consumer protection provisions of the state in which you have your habitual residence remain unaffected.
For actions against you as a consumer, the court at your place of residence has jurisdiction. Actions by us against you may be brought only before the courts of your state of residence unless mandatory provisions permit otherwise.

§ 17 Online Dispute Resolution and Consumer Dispute Resolution

The former EU ODR platform was discontinued on 20 July 2025. Online dispute resolution via this platform is no longer possible.
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body within the meaning of the German Consumer Dispute Resolution Act, unless expressly stated otherwise on our website.

§ 18 Data Protection

Information on processing personal data in connection with use of our service can be found in our separate privacy policy.
It is not part of these GTC but is observed during contract performance.

§ 19 Final Provisions

If individual provisions of these GTC are or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the applicable statutory provision.
Changes to these GTC are communicated to you in text form. For contracts already concluded, the versions incorporated at contract conclusion apply, unless subsequent change is legally permissible.

WITHDRAWAL INFORMATION

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day of conclusion of the contract.

To exercise your right of withdrawal, you must inform us (contact details as stated in the legal notice) by means of a clear declaration, e.g., by email, of your decision to withdraw from this contract. You may use the model withdrawal form below, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and at the latest within fourteen days from the day on which we receive notice of your withdrawal from this contract.

For this reimbursement, we use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.

If you requested that performance of services should begin during the withdrawal period, you shall pay us an appropriate amount corresponding to the proportion of services already provided up to the time you inform us of exercising the right of withdrawal regarding this contract compared with the total scope of services provided for in the contract, insofar as statutory requirements are met.

Early Expiry of the Right of Withdrawal for Digital Content

For contracts on provision of digital content not supplied on a tangible medium, your right of withdrawal may expire early if we have begun performance of the contract after you - expressly agreed that we start performance before expiry of the withdrawal period, and - confirmed your knowledge that by consenting you lose your right of withdrawal when performance of the contract begins.

This applies only insofar as statutory requirements are fulfilled in the individual case.

MODEL WITHDRAWAL FORM

(If you wish to withdraw from the contract, please complete and return this form.)

To: SYMBITEG GmbH
Email: office@symbiteg.com

I/We (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service / purchase of the following digital content (*)

Ordered on (*) / received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only for communication on paper)

Date

(*) Delete as applicable.

Provider: SYMBITEG GmbH

Stand: 07.04.2026

Preliminary note: These GTC apply exclusively to contracts with entrepreneurs within the meaning of Section 14 BGB, legal entities under public law, and special funds under public law. Consumers within the meaning of Section 13 BGB are excluded from their scope; separate B2C GTC apply to them.

§ 1 Scope

These GTC apply to all present and future contracts between us as provider ("we"/"us") and entrepreneurs concerning
• use of our online AI-assisted image editing service,
• purchase of usage quotas ("credits"),
• subscriptions,
• and other individually agreed services in connection with our service.
These GTC apply only if and to the extent their applicability is expressly agreed, in particular in the context of individual offers, ordering processes, order confirmations, or separate contract conclusions.
Deviating, conflicting, or supplementary general terms and conditions of the customer shall not apply unless we have expressly consented to their applicability in text form.
Individual agreements with the customer take precedence over these GTC.

§ 2 Conclusion of Contract

Our presentations on websites, in offers, price lists, or other documents do not constitute a binding offer but a non-binding invitation to submit an offer.
A contract is concluded only when we expressly accept an order, booking, or other engagement by the customer in text form, or when we begin providing the service.
To the extent we currently do not offer a publicly accessible B2B self-service, B2B contracts are generally concluded upon request and based on separate coordination with the customer.

§ 3 Subject Matter of Contract / Scope of Services

We operate an online AI-assisted image editing service. Users can upload image files and have them edited automatically based on text-based instructions (prompts). Depending on the offered functionality, this includes in particular editing, combining, merging, transforming, or otherwise jointly processing multiple images provided by the customer into an editing result.
The specific functionality, available models, quality levels, resolutions, file formats, usage limits, any API or enterprise features, editing quotas, and applicable fees result from the individual offer, service description, ordering process, or a separate agreement.
We do not owe any specific creative, economic, or legal success. AI-assisted results may in individual cases be erroneous, incomplete, or unsuitable for specific purposes.
Unless expressly agreed otherwise, services are provided exclusively in digital form.

§ 4 Registration and User Account

Use of the service may require registration and creation of a user account.
The customer is obliged to provide all information requested in connection with registration and account management fully and correctly and to keep it up to date.
Access credentials must be kept confidential and protected against access by unauthorized third parties. The customer shall ensure organizationally that only authorized persons have access to the user account.
We are entitled to temporarily block or permanently deactivate accounts where there are concrete indications of false information, misuse, security violations, legal violations, or other material breaches of these GTC.

§ 5 Prices, Payment, and Billing

Unless expressly stated otherwise, all prices for entrepreneurs are net prices plus statutory VAT.
Compensation, billing logic, terms, renewals, notice periods, and any usage restrictions result from the respective offer, order confirmation, or ordering process.
Payment is made exclusively via PayPal unless otherwise agreed in individual cases. However, we remain the contractual partner of the customer; PayPal provides payment processing only.
Unless agreed otherwise, remuneration is due immediately upon conclusion of contract and/or invoicing.
In case of payment default, statutory provisions apply. In particular, we are entitled to charge statutory default interest. Our right to assert further default damages remains unaffected.
Set-off and rights of retention are available to the customer only insofar as counterclaims are legally established, undisputed, or ready for decision. A right of retention exists only insofar as it is based on the same contractual relationship.

§ 6 Credits, Subscriptions, and Individual B2B Models

Credits constitute a usage quota for individual uses of the service. With each usage action, the number of credits designated for the selected function, quality, resolution, or model used is consumed.
Credits may be provided as individual quotas, packages, subscriptions, or under individually agreed enterprise models.
Where provided in the respective offer or ordering process, unused credits may expire after the term or validity period specified there.
Subscriptions automatically renew after the agreed minimum term or contract period for the further term agreed in each case unless terminated in due time.
Cash payout or refund of unused credits is granted only where expressly agreed or mandatorily required by law.

§ 7 Provision, Technical Requirements, and Availability

We provide the service within our technical and operational capabilities. A specific uninterrupted availability, response time, processing speed, or suitability for a specific use case is owed only if expressly agreed.
Maintenance work, security updates, capacity adjustments, or disruptions outside our sphere of influence, in particular outages of telecommunications networks, hosting providers, payment service providers, or other third-party providers, may temporarily impair use.
The customer is responsible for ensuring that its systems, end devices, interfaces, and other technical requirements allow use of the service.

§ 8 Use of the Service / Prohibited Content

Use of the service is permitted only within the framework of statutory provisions, these GTC, and any supplementary usage rules.
The customer may use the service only for content for which it has the required rights, consents, and other legal bases. This applies in particular to images, prompts, combination of multiple images, and depiction, editing, or realistic representation of real persons.
Use is prohibited in particular for:
• deepfakes or other realistic depictions of real persons without required consent or other legal basis,
• content infringing copyright, trademark, design, personality, data protection, or other third-party rights,
• non-consensual intimate content,
• content violating youth protection law,
• criminal, extremist, hate-inciting, discriminatory, or otherwise unlawful content,
• misleading or deceptive content intended to be created or distributed for manipulative, fraudulent, or otherwise abusive purposes.
We are entitled to review content, refuse edits, block or remove content, and temporarily or permanently restrict or block accounts where there are concrete indications of a breach of these GTC or applicable law.

§ 9 Rights in Inputs and Outputs / License

The customer remains, where legally possible, the owner of rights in content uploaded or otherwise provided by it, in particular images and prompts ("inputs").
The customer grants us a simple, non-exclusive, non-transferable license to inputs and to editing results generated therefrom ("outputs"), limited to contract performance and secure operation of the service. This includes in particular temporary storage, display, processing, transmission, and technically required transformations and measures for security, fraud prevention, and abuse prevention.
Where legally possible, rights in outputs belong to the customer. Third-party rights and statutory limitations and restrictions remain unaffected.
Inputs or outputs are not used for training our own models without the customer's separate express consent.

§ 10 Storage and Data Processing in Operations

Image files and editing results are generally not stored permanently, but processed only as short-term and technically required for editing, possible queue processing, delivery, IT security, error analysis, abuse prevention, or compliance with legal obligations.
Further details on processing personal data are set out in our separate privacy policy.

§ 11 Customer Cooperation Obligations

The customer shall provide in a timely and complete manner the cooperation required for service performance. This includes in particular provision of suitable content, information, approvals, access, or contacts insofar as required for use or implementation of individual B2B services.
Delays or additional effort resulting from a breach of cooperation obligations are not at our expense. Additional effort arising therefrom may be charged separately where reasonable.

§ 12 Defects / Warranty (B2B)

Statutory provisions apply unless otherwise provided below.
The customer shall inspect the service and/or provided services without undue delay after provision and notify obvious defects without undue delay.
In case of defects, we may provide subsequent performance at our option by remedy or replacement. If subsequent performance fails or is unreasonable, the customer may reduce payment or withdraw from the contract in accordance with statutory provisions.
Customer claims for defects become time-barred within twelve months from the statutory commencement of limitation, unless mandatory statutory provisions provide otherwise.
No-fault liability for initial defects under Section 536a(1) sentence 1 alternative 1 BGB is excluded to the extent permitted by law.

§ 13 Indemnification

The customer shall indemnify us against all third-party claims resulting from unlawful use of the service by the customer, from content provided by the customer, or from a breach of these GTC for which the customer is responsible. Indemnification also includes reasonable legal defense costs.
Indemnification requires that we inform the customer without undue delay about asserted claims, leave defense to the customer or coordinate with the customer as far as reasonable, and do not impair defense without objective reason.

§ 14 Liability

We are liable without limitation:
• for intent and gross negligence,
• for injury to life, body, or health,
• under the German Product Liability Act,
• to the extent of a guarantee expressly assumed by us.
In cases of slight negligence, we are liable only for breach of an essential contractual obligation. Essential contractual obligations are obligations whose fulfillment enables proper performance of the contract in the first place and on whose compliance the customer may regularly rely. In these cases, our liability is limited in amount to the foreseeable damage typical for the contract.
Otherwise, liability for slight negligence is excluded.
The above liability limitations also apply in favor of our legal representatives, employees, and vicarious agents.

§ 15 Special Liability Provisions for AI Results

AI-assisted results may be erroneous, incomplete, or unsuitable for specific purposes and do not replace technical, legal, creative, or other professional review.
The customer is obliged to review the suitability of generated content on its own responsibility before further use, in particular before publication, commercial use, printing, advertising, or disclosure to third parties.
Our liability for damages in connection with AI-assisted results is otherwise governed by Section 14.

§ 16 Confidentiality

The parties shall treat confidential information of the other party confidentially where such information is recognizable as confidential or by its nature is to be regarded as confidential, and shall use it only for purposes of the respective contract.
This does not apply to information
• that was already lawfully known to the receiving party at the time of receipt,
• that becomes publicly known without breach of a confidentiality obligation,
• that was lawfully obtained from a third party without confidentiality obligation,
• or whose disclosure is required by law, authority, or court.

§ 17 Contract Term and Termination

Contract term, any minimum terms, notice periods, and renewals are governed by the respective offer, ordering process, or separate agreement.
The right to extraordinary termination for good cause remains unaffected.
Good cause for us exists in particular where the customer materially breaches these GTC, is in payment default, uses impermissible content, or endangers the security or integrity of the service.

§ 18 Electronic Commerce / Communication

Where contracts are concluded in electronic commerce, entrepreneurs waive, to the extent permitted by law, special consumer information requirements that are prescribed exclusively toward consumers.
Contract language is German. Any translations are provided solely for convenience; in case of doubt, the German version prevails.

§ 19 No Right of Withdrawal

Entrepreneurs have no statutory right of withdrawal.

§ 20 Future Enterprise, API, or Individual Services

Where we in future offer API access, enterprise features, individual integrations, or other separate B2B services, supplementary special terms, service descriptions, data processing agreements, or individual agreements may apply. In case of contradictions, these take precedence over these GTC.

§ 21 Final Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Place of jurisdiction for all disputes arising out of or in connection with contracts between us and entrepreneurs is, to the extent legally permissible, our registered seat. However, we are entitled to sue the customer at its general place of jurisdiction.

If individual provisions of these GTC are or become wholly or partially invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provision.

Any translations are provided only for convenience; the German version is authoritative.

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