General Terms and Conditions of Deep Art Effects GmbH
Presentation of our terms of use
1. Scope of application
1.1 These General Terms and Conditions (“GTC”) apply to the granting of a license by Deep Art Effects GmbH (“Deep Art Effects”) to its customer (“User”) for the use of the free version and the paid version of the Desktop PC Software described herein (the free version and the paid version of the Software hereinafter referred to as “Software”).
1.2 Deep Art Effects licenses the Software exclusively on the basis of these GTC. Other terms and conditions, in particular the User’s general terms and conditions, shall not apply.
2 Prerequisite for the use of the Software
2.1 The use of the Software is subject to the download and installation of the Software on a qualified hardware device of the User and the User’s agreement to these GTC.
2.2 Details on the supported operating systems and the interoperability of the Software can be found on the website of Deep Art Effects www.deeparteffects.com (“Website”) at the corresponding download button.
3. Subject of performance
3.1 With the Software, the User can have photos artistically edited in a software-based manner. Various templates are available to the User, which can be applied to Photos in order to make them appear in the style of certain art movements (e.g. Impressionism). For this purpose, the user can load his or her photo into the software and have it edited by the software (the edited photo(s) in the following “photo(s)”).
3.2 The User may choose between a free and a paid version of the Software. The paid version of the Software offers the User additional image processing functions, which are described in detail in the service description during the ordering process.
3.3 Furthermore, the User has the option to have the photo printed in high resolution for a fee.
3.4 Further functions of the software are described on the website. In case of contradictions between the service descriptions and the GTC, the GTC shall prevail.
4 Ordering process and conclusion of contract
4.1 In the case of the free version of the software, the contract shall be concluded by downloading the software and confirming these GTC electronically. The User may change from the free version to the paid version of the Software at any time by placing a separate order within the Software. This possibility will be pointed out to the User as soon as the User attempts to use a function exclusively available in the paid version of the Software.
4.2 In order to use the paid version of the Software, the User must first complete the registration process on the Website and create a user account. The User will be asked to provide his/her e-mail address and a user ID (which may also be the User’s e-mail address) and password. With the user ID and password, the user can log in and manage his user account at any time. Only the user himself is allowed to use the user account.
When registering, the User selects the desired basic term of use of the software (“Plan”). By clicking on the button “Order with obligation to pay” which appears afterwards and by agreeing electronically to these General Terms and Conditions, the User makes a binding offer to conclude the contract. Deep Art Effects accepts this offer simultaneously, unless otherwise indicated in the order process. Before submitting his offer, the User may view and change the order data at any time. For example, the User may use the “Back Button” to select a different plan or payment method, or to cancel the order entirely. Deep Art Effects notifies the User of this possibility of change after selecting the desired plan and specifying the selected means of payment. Deep Art Effects shall immediately send the User an automatic confirmation of the contract, stating the selected plan, to the e-mail address provided by the User; in addition, the contract is available in the User’s account.
4.3 As soon as a contract has been concluded in accordance with Section 4.2 of these General Terms and Conditions for the paid version of the Software, the User shall receive a product key. With the product key the User can unlock and use the extended version of the Software.
Dispose.
5. Grant of rights
5.1 Deep Art Effects grants the User a non-exclusive, limited, non-transferable and non-sublicensable right to use the Software to the extent granted in these GTC. In the case of the paid version of the Software, the license is limited to the term of the selected plan; in the case of the free version of the Software, the license is perpetual. This license is valid for a hardware device qualified according to the website. If the User wishes to replace the hardware device, he/she must contact Deep Art Effects Customer Service.
5.2 The Software is provided with copy protection. Circumvention of the copy protection is expressly prohibited. Moreover, the User may install and use the paid version of the Software only by means of the product key.
5.3 The User may freely dispose of the Photos – in relation to Deep Art Effects.
6. Obligations of the user
6.1 The User shall ensure that he has the necessary rights to have his Photos edited via the Software.
6.2 The User is solely responsible for the Photos loaded by him into the Software. Neither the loaded nor the processed Photos will be checked by Deep Art Effects.
6.3 The User shall indemnify Deep Art Effects in the event that any third party asserts a legally enforceable claim against Deep Art Effects for infringement of its proprietary rights in uploaded Photos.
7. Updates
Deep Art Effects will make updates of the Software available for download as required, which may include changes in functions or performance. If these changes are not reasonable for the User of the paid Software (in particular, because they change a chargeable function to the disadvantage of the User), the User is entitled to terminate the plan extraordinarily.
8 License Fee and Terms of Payment
8.1 The provision of the paid version of the Software shall be subject to the terms and conditions, in particular with regard to term and license fee, of the respective selected plan. The User can view these conditions during the entire order process.
8.2 The license fee for the term selected in the plan is due immediately and payment shall be made by credit card of the User.
8.3 In the event of default in payment, Deep Art Effects shall be entitled – without prejudice to its other rights – to charge interest at the statutory rate and to block or terminate the User’s use of the Software.
9 Term and termination
9.1 The free version of the Software may be terminated by either party at any time. The User only has to uninstall the Software for this purpose.
9.2 In the case of the paid version of the Software, the User may choose between different plans with different basic terms. The selected basic term of the plan shall be automatically extended by an extension term of the same length, unless the contract is terminated by either the User or Deep Art Effects with one day’s notice to the end of the basic term or the respective extension term (ordinary termination). Termination must be in text form (e.g. by e-mail or via the Deep Art Effects account page).
9.3 The extraordinary right of termination for good cause remains unaffected for both parties. Deep Art Effects may in particular terminate the contract for cause if the User has not paid a due invoice despite a reminder and expiry of a further period. The termination must be in text form (e.g. by e-mail) to be effective.
10 Exclusion of the right of withdrawal
10.1 The User’s right of revocation shall be excluded with respect to the paid version of the Software subject to the provisions set forth in Section 10.2 below.
10.2 The product key for activation is digital content that is not on a physical data carrier. The User’s 14-day right of revocation pursuant to § 355 BGB (German Civil Code) shall expire as soon as the User receives the product key. The prerequisite for this is that the User, before ordering the plan, has taken note of and expressly agreed to the fact that he loses his right of revocation upon provision of the product key. This will be pointed out to the User during the ordering process.
11 Warranty
11.1 Without prejudice to Section 12, Deep Art Effects does not assume any warranty if the Software is licensed free of charge.
11.2 In all other respects, the statutory warranty rights shall apply with a period of 12 months from the date of provision of the Software.
12. Liability
12.1 Unless otherwise provided in the following provisions, the parties shall be liable to each other in accordance with the statutory provisions. The following provisions apply to all claims for damages and reimbursement of expenses, irrespective of the legal basis.
12.2 Deep Art Effects shall be liable in accordance with the statutory provisions for damage caused by Deep Art Effects intentionally or through gross negligence, for injury to life, body or health and for damage under product liability laws (which do not permit any contractual limitation of liability).
12.3 If Deep Art Effects licenses the Software free of charge, its liability is otherwise excluded.
12.4 Otherwise, the following shall apply: Insofar as Deep Art Effects causes damage through the simple negligent breach of cardinal obligations, Deep Art Effects shall be liable for the foreseeable damage typical for the contract. Cardinal obligations are obligations the fulfillment of which enables the proper performance of the contract in the first place and on the observance of which the contracting party could regularly rely. In the event of a simple negligent breach of obligations other than cardinal obligations, Deep Art Effects’ liability is excluded, notwithstanding clause 12.2.
13. Data protection
Information on how Deep Art Effects processes personal data of the User is available to the User under the following link in the Privacy Policy of Deep Art Effects.
Privacy Policy
14 Miscellaneous
14.1 Amendments to the contract, including collateral agreements, must be made in text form to be effective. Oral collateral agreements are invalid.
14.2 The User shall not be entitled to set off any claims against claims of Deep Art Effects or to assert any rights of retention unless such claims are undisputed or have been finally adjudicated.
14.3 Unless expressly agreed in writing, the User may not assign claims arising from the contract.
14.4 The contract is subject to German law. The exclusive place of jurisdiction is at the registered office of Deep Art Effects in Germany.
14.5 Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected thereby. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic sense and purpose of the original wording.
1. Scope of application
1.1 These General Terms and Conditions (“GTC”) apply to all services described or referenced herein (including the provision of the App “Service(s)” described herein) which Deep Art Effects GmbH (“Deep Art Effects”) provides to its clients (“User”).
1.2 Deep Art Effects provides all Services exclusively on the basis of these GTC. Other terms and conditions, in particular the User’s general terms and conditions, shall not apply.
2 Prerequisite for the use of the Service
2.1 The prerequisite for the use of the Services is the download and installation of the Deep Art Effects app (“App”) in the App Store available to the User.
2.2 When using the App Store, additional general terms and conditions of the App Store operator (“App Store GTC(s)”) may have to be accepted and complied with. The App Store GTC(s) shall apply solely between the App Store Operator and the User and shall not affect the validity of these GTC(s) between Deep Art Effects and the User.
3. Conclusion of the contract
3.1 A contract is concluded by downloading and installing the App and the electronic confirmation of these GTC.
3.2 The services to be provided by Deep Art Effects are determined exclusively by the service descriptions belonging to the App (as available in the App Store) and by these GTC. In the event of any contradictions or ambiguities between the Service Description and these GTC, the provisions of these GTC shall prevail.
4. subject of service
4.1 Deep Art Effects offers the User the opportunity to have photos artistically edited on a software basis. Various templates are available to the User which can be applied to the uploaded Photos in order to make them appear in the style of certain art movements (e.g. Impressionism). For this purpose, the user can upload his photo to the service via the app and shortly thereafter receives the edited photo (the edited photo(s) in the following “photo(s)”) back (is loaded into the app). In addition, the User has the option to purchase a high-resolution copy of the Photo for a fee or to have the Photo printed in high-resolution by Deep Art Effects for a fee.
5. Granting of rights
5.1 Deep Art Effects grants the User a simple, time-limited, non-transferable, non-sublicensable, terminable and revocable right to download and install the App in the Object Code on a smartphone or tablet and to use the App (and available Updates) and the Service solely for its own purposes.
5.2 The User may freely dispose of the Photos – in relation to Deep Art Effects.
6. Duties of the user
6.1 The User shall ensure that he/she has the necessary rights to have his/her photos edited via the Service.
6.2 The User is solely responsible for the Photos uploaded by him to the Service and the edited Photos. Deep Art Effects does not check the Photos.
6.3 The User shall indemnify Deep Art Effects in the event that third parties take action against Deep Art Effects with the justified claim that the editing of the Photos or the edited Photos infringes their rights to the Photo.
7. Amendments to the general terms and conditions
7.1 Deep Art Effects may amend these GTC as follows if the planned amendment is reasonable for the User and not materially disadvantageous to the User: Deep Art Effects shall inform the User at least six (6) weeks before the amendment is to take effect. This information will be provided either in the App or by email. The change will be deemed approved if the User does not object by email within four (4) weeks of notification. Deep Art Effects shall draw the User’s attention to this consequence again when announcing the change. In the event of an objection by the User, Deep Art Effects shall be entitled to terminate the contract without notice.
7.2 If a change is not permissible under clause 7.1, the change requires agreement between the parties in text form.
8 Remuneration and terms of payment
8.1 The purchase of a high-resolution digital copy of the photo or the printing of a high-resolution digital copy of the photo shall be subject to a fee; otherwise, the download, installation and use of the app and the use of the service shall be free of charge: The prices for the fee-based part of the service and payment options shall be currently displayed in the app.
8.2 Billing and payment of the chargeable Services shall be made either via the mobile phone bill or via the respective App store.
8.3 In the event of default in payment, Deep Art Effects shall be entitled – without prejudice to its other rights – to demand interest at the statutory rate and to block or prohibit the User’s use of the App and the Service.
8.4 Since the chargeable Services involve the ordering of goods individually created for the User (in this case: photos artistically edited according to the User’s specifications), the User has no right of revocation.
9 Warranty
9.1 If the Service (including the provision of the App) is provided free of charge, Deep Art Effects shall not assume any warranty.
9.2 Otherwise, the statutory warranty rights shall apply with a period of 12 months from the date of dispatch of the Photos.
10 Liability
10.1 Unless otherwise stipulated in the following provisions, the parties shall be liable to each other in accordance with the statutory provisions. The following provisions shall apply to all claims for damages and reimbursement of expenses, irrespective of the legal basis.
10.2 Deep Art Effects shall be liable in accordance with the statutory provisions for damage caused by Deep Art Effects intentionally or through gross negligence, for injury to life, body or health and for damage under product liability laws (which do not permit any contractual limitation of liability).
10.3 Insofar as Deep Art Effects provides the Services free of charge, Deep Art’s liability is otherwise excluded.
10.4 Otherwise, the following shall apply: Insofar as Deep Art Effects causes damage through the simple negligent breach of cardinal obligations, Deep Art Effects shall be liable for the foreseeable damage typical for the contract. Cardinal obligations are obligations the fulfillment of which enables the proper performance of the contract in the first place and on the observance of which the contracting party could regularly rely. In the event of a simple negligent breach of obligations other than cardinal obligations, Deep Art Effects’ liability is excluded, notwithstanding clause 10.2.
11. Data protection
Information on how Deep Art Effects processes personal data of the User in the course of providing the Services is available to the User under the following link in the Privacy Policy of Deep Art Effects.
Privacy Policy
12. Cancellation
12.1 The User may terminate the Agreement at any time by uninstalling the App.
12.2 The extraordinary right of termination for good cause remains unaffected for both parties. Deep Art Effects may in particular terminate the contract for cause if the User has not paid a due invoice despite a reminder and expiry of a further period.
12.3 The termination must be in writing in order to be effective or may be declared by e-mail or, if Deep Art Effects gives notice, by means of a notice in the App.
13. Miscellaneous
13.1 Amendments to the contract, including ancillary agreements, must be made in writing in order to be effective, without prejudice to clause 7. Verbal ancillary agreements are invalid.
13.2 The User shall not be entitled to set off any claims against claims of Deep Art Effects or to assert any rights of retention unless such claims are undisputed or have been finally adjudicated.
13.3 Unless expressly agreed in writing, the User may not assign claims arising from the contract.
13.4 The contract is subject to German law. The exclusive place of jurisdiction is at the registered office of Deep Art Effects in Germany.
13.5 Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected thereby. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic sense and purpose of the original wording.
1. Subject matter of contract
1.1 Deep Art Effects GmbH (“Deep Art Effects”) provides cloud-based services (“DAE Service(s)”) to end customers (“User(s)”).
1.2 Deep Art Effects offers its business partners (“Business Partner(s)”) the opportunity to integrate the Deep Art Effects Technology into their own software or services on the basis of these General Terms and Conditions (“GTC”) and to make it available to their end customers.
2. Scope of application
2.1 These GTC apply to the services (“Service(s)”) described herein that Deep Art Effects provides to its Business Partners for integration into their Software.
2.2 These GTC apply exclusively to entrepreneurs. For the purposes of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.
2.3 Deep Art Effects provides all Services exclusively on the basis of these GTC. Other terms and conditions, in particular the Business Partner’s general terms and conditions, shall not apply.
3. Subject matter of services
3.1 Deep Art Effects will provide Business Partner with information for interfacing the DAE Services with its software or services (“Interface Service(s)”). The Interfacing itself is not part of the Interface Service, but to be set up by Business Partner. In addition, the Business Partner shall receive technical support in accordance with the relevant service descriptions.
3.2 Further service descriptions regarding the Interface Services are described on Deep Art Effects’ website. In the event of any inconsistency between the Service Descriptions and the GTC, the GTC shall prevail.
3.3 Deep Art Effects grants its Business Partners access to the Interface Services under a 14-day free trial plan.
4. Order process and conclusion of contract
4.1 The Business Partner must first complete the registration process on the Deep Art Effects website and set up a user account. The Business Partner shall be requested to provide its e-mail address and to specify a user ID (which may also be the Business Partner’s e-mail address) and a password. With the user ID and password, the business partner can log into and manage his user account at any time. Only the business partner himself is allowed to use the user account.
During registration, the business partner selects the desired basic term via access to the interface service (“Plan”). By clicking on the “Order with obligation to pay” button that appears afterwards and thereby electronically declaring his agreement with these General Terms and Conditions, the Business Partner submits his binding offer to conclude the contract. Deep Art Effects accepts this offer simultaneously, unless otherwise indicated in the order process. Before submitting his offer, the Business Partner may view and change the order data at any time. Using the “Back Button”, the Business Partner may, for example, select a different plan or payment method or cancel the order completely. Deep Art Effects notifies the Business Partner of this possibility of change after selecting the desired plan and specifying the Business Partner’s selected means of payment. Deep Art Effects shall immediately send the Business Partner an automatic confirmation of the contract, stating the selected plan, to the Business Partner’s specified e-mail address; in addition, the contract can be accessed in the User Account.
4.2 In the context of the 14-day free trial plan, the contract shall be concluded as described in Section 4.1, with the proviso that the Business Partner must click on the corresponding “Trial Plan” button.
4.3 Deep Art Effects also offers its Business Partners the option of ordering a plan individually tailored to the Business Partner. If the Business Partner wishes to make use of this option, a contract shall be concluded by an individual order of the Business Partner based on these General Terms and Conditions and a corresponding order confirmation by Deep Art Effects. Order and order confirmation may also be effectively declared by e-mail (as a scanned and signed document in PDF format) (together with the legally defined written form, “Schriftform”).
4.4 As soon as a contract according to clause 4.1, clause 4.2 or clause 4.3 of these GTC has been concluded, the API Key, Access Key and Secret Key will be activated for use.
6. Branding
The Business Partner will provide DAE Services to its end customers under its own brand/label. The Business Partner is not entitled to use “Deep Art Effects” or any other trademarks belonging to Deep Art Effects.
7 Amendment of the General Terms and Conditions
7.1 Deep Art Effects may amend these GTC as follows if the planned amendment is reasonable for the Business Partner and is not materially disadvantageous: Deep Art Effects shall inform the Business Partner at least six (6) weeks before the amendment is to take effect. Such notice shall be in writing, and notice by email shall be sufficient. The change will be deemed approved if Business Partner does not object by email within four (4) weeks of notification. Deep Art Effects shall draw the Business Partner’s attention to this consequence again when announcing the change. In the event of an objection by the Business Partner, Deep Art Effects shall be entitled to terminate the Agreement without notice.
7.2 If a change is not permissible under clause 7.1, the change requires agreement between the parties in writing.
8 License Fee and Terms of Payment
8.1 Access to the Interface Services shall be provided on the terms and conditions – in particular with regard to term and license fee – of the plan selected in each case. The Business Partner can view these conditions during the entire order process.
8.2 If the Business Partner has ordered a plan individually tailored to the Business Partner, the remuneration shall be governed by the provisions set forth in this Agreement.
8.3 The license fee for the term selected in the plan is due immediately and payment is made by credit card of the User.
8.4 In the event of default in payment, Deep Art Effects shall be entitled – without prejudice to its other rights – to charge interest at the statutory rate and to block or terminate the Business Partner’s access to the Interface Services.
8.5 The provision of the 14-day test plan is free of charge.
9 Term and Termination
9.1 The Business Partner may choose between different plans with different basic terms. The selected basic term of the plan is automatically extended by a renewal term of the same length, unless the agreement is terminated either by the Business Partner or by Deep Art Effects with six weeks’ notice to the end of the basic term or the respective renewal term (ordinary termination). Termination must be in text form (e.g. by e-mail or in the Software Application by means of the corresponding “Termination” button).
9.2 If the Business Partner has ordered a plan individually tailored to the Business Partner, the term and termination shall be governed by the provisions set forth in this Agreement.
9.3 The extraordinary right of termination for good cause remains unaffected for both parties. Deep Art Effects may in particular terminate the Agreement for cause if the Business Partner has not paid a due invoice despite a reminder and expiry of a further period. The termination must be in text form (e.g. by e-mail) to be effective.
9.4 The free test plan expires automatically after 14 days from granting access to the Interface Services.
10. Warranty
10.1 Deep Art Effects warrants that the Services to be provided will comply with the Service Descriptions.
10.2 If the Business Partner is of the opinion that Deep Art Effects has not performed the Services in accordance with the Agreement, it shall notify Deep Art Effects thereof without undue delay in writing in a form comprehensible to Deep Art Effects and providing relevant information.
10.3 Without prejudice to clause 11, Deep Art Effects shall not assume any warranty to the extent that the Interface Services are provided free of charge.
10.4 In all other respects, the statutory warranty rights shall apply.
11. Liability
11.1 Unless otherwise stipulated in the following provisions, the parties shall be liable to each other in accordance with the statutory provisions. The following provisions shall apply to all claims for damages and reimbursement of expenses, irrespective of the legal basis.
11.2 Deep Art Effects shall be liable in accordance with the statutory provisions for damage caused by Deep Art Effects intentionally or through gross negligence, for injury to life, body or health and for damage under product liability laws (which do not permit any contractual limitation of liability).
11.3 To the extent that Deep Art Effects grants access to the Interface Services free of charge, its liability is otherwise excluded.
11.4 Otherwise, the following shall apply: Insofar as Deep Art Effects causes damage through the simple negligent breach of cardinal obligations, Deep Art Effects shall be liable for the foreseeable damage typical for the contract. Cardinal obligations are obligations the fulfillment of which enables the proper performance of the contract in the first place and the observance of which the contracting party could regularly rely on. In the event of a simple negligent breach of obligations other than cardinal obligations, Deep Art Effects’ liability shall be excluded, notwithstanding Section 11.2.
11.5 Liability and warranty claims shall become statute-barred after one year from the statutory commencement of the limitation period. This shall not apply to the cases of clause 11.2, for which the statutory limitation period shall apply.
12. Indemnification
The Business Partner shall indemnify Deep Art Effects upon first demand against any legally enforceable claims asserted by the Business Partner’s end customers or other third parties against Deep Art Effects on the grounds that the DAE Service was not properly provided or infringes third party rights. The same applies if Business Partner has not integrated and provided the DAE Services in accordance with the contract and this is the basis for the claim of the end customer or other third party.
13 Secrecy
13.1 The parties shall treat all trade and business secrets of the other party as strictly confidential; the same shall apply to all other information, documents and data marked as confidential or where confidentiality is evident from the circumstances (“Confidential Information”). This shall not apply to such information which (a) was already lawfully known to the receiving party without a confidentiality obligation; or (b) was lawfully developed by the receiving party itself independently of the disclosing party.
13.2 The Parties shall ensure that the obligations of secrecy and confidentiality are also observed by their employees and commissioned third parties.
13.3 The obligation to maintain confidentiality shall apply for the duration of the Agreement and shall continue for a period of five (5) years after the end of the Agreement.
14. Data protection
14.1 The Parties shall comply with the applicable data protection provisions and shall oblige their employees deployed in connection with the Agreement and its performance to maintain data secrecy, unless they are already under a general obligation to do so.
14.2 Insofar as necessary in individual cases, the parties shall enter into further agreements under data protection law.
14.3 The Business Partner shall in particular ensure that the collection and processing of personal data of its end customers within the scope of the print service is carried out lawfully (e.g., if necessary, by obtaining a legally effective consent from the end customer).
14.4 Information on how Deep Art Effects processes personal data in connection with its services is available to the Business Partner under the following link in Deep Art Effects’ Privacy Policy.
Privacy Policy
15. Miscellaneous
15.1 Amendments to the Agreement, including collateral agreements, must be made in writing in order to be effective, without prejudice to clause 7. Oral collateral agreements are ineffective.
15.2 The Business Partner is not entitled to set off claims against claims of Deep Art Effects or to assert rights of retention unless such claims are undisputed or have been finally adjudicated.
15.3 Unless expressly agreed in writing, the Business Partner may not assign claims arising from the contract.
15.4 Should one or more provisions of these GTC (or of the contract) be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision which comes as close as possible to the economic sense and purpose of the original wording.
15.5 The contract is subject to German law. The exclusive place of jurisdiction is at the registered office of Deep Art Effects in Germany.
