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 AI GmbH (“Deep Art AI”) to its customer (“User”) for the use of the free and the paid version of the desktop PC software „Deep Art Effects Pro“ described herein (the free and the paid version of the software hereinafter referred to as “Software”).
1.2. Deep Art AI 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 prerequisite for the use of the Software is the download and installation of the Software on a qualified hardware end-device of the User as well as the User’s agreement to these GTC.
2.2. Details of the supported operating systems and interoperability of the Software can be found on the Deep Art AI website www.deepart.ai (“Website”) under the appropriate download button.
3. Functionality of the Software
3.1. With the Software, the User can have photos artistically edited. The User has various templates at its disposal, which can be applied to photos to make them appear in the style of certain art movements (e.g., impressionism). For this purpose, the User can load its photo into the Software and have it edited by the Software (the edited photo(s) in the following “Edited Photo(s)”). The User can also apply own art styles to photos (“Own Style(s)”), through uploading photos into the Software that the Software will then use as the template for the editing of a photo.
3.2. The User can 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 as part of the ordering process.
3.3. In addition, the User has the option of having the Edited 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 these descriptions and the GTC, the GTC take precedence.
4. Ordering Process and Contract Conclusion
4.1. In the case of the free version of the Software, the contract is concluded by downloading the Software and confirming these GTC electronically. The User can switch at any time from the free version to the paid version of the Software by placing a separate order within the Software. It will be informed of this possibility as soon as the User attempts to use a function available exclusively 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 set up a User account. The User will be asked to enter its e-mail address, a User ID (which may also be the User’s e-mail address) and a password. With the User ID and password, the User can log into the User account at any time and manage it. Only the User himself may use the User account. When registering, the User chooses the desired basic term for the use of the Software (“Plan”). By clicking on the button “Order payable” which then appears and by electronically declaring its consent to these GTC, the User submits a binding offer to conclude the contract. Deep Art AI accepts this offer at the same time, unless otherwise indicated in the order process. Before submitting the offer, the User may view and change the order data at any time. Using the “Back” button, the User can, for example, select a different Plan or payment method or cancel the order completely. Deep Art AI informs the User of this possibility of change after selecting the desired Plan and specifying the selected means of payment. Deep Art AI will immediately send the User an automatic confirmation of the contract stating the selected Plan to the User’s e-mail address; the contract can also be retrieved from the User’s account.
4.3. As soon as a contract pursuant to Section 4.2 of these GTC has been concluded for the paid version of the Software, the User shall receive a product key. With the product key, the User can activate and use the extended version of the Software.
5. Granting of rights
5.1. Deep Art AI grants the User a non-exclusive, limited, non-transferable and non-sublicensable right to use the Software to the extent set forth 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 unlimited. This license applies to a hardware device qualified according to the Website.
5.2. The Software is copy-protected. Any circumvention of the copy protection is expressly prohibited. In addition, the User can only install and use the paid version of the Software using the product key. When the User edits photos with the free Software, the Edited Photo has a watermark, which the User shall not remove or alter.
5.3. The User can freely use and dispose of the Edited Photos in relation to Deep Art AI. Amongst other things, the User may or may not upload the Edited Photos to the Deep Art AI community on the Website (“Community Website”).
5.4 The User can make Own Styles available to other users of the Software so that the other users can apply the Own Styles to their photos. If a User makes Own Styles available, it hereby agrees and confirms that all rights in the photos of other users that will be edited with such an Own Style shall be – in relation to the User – with such other users. Such other users may, for example, exploit a photo edited with an Own Style by publishing and/or commercializing it.
6. Duties of the User
6.1. The User ensures that it has the necessary rights to have its photos edited by the Software.
6.2. The User is solely responsible for the photos it uploads to the Software and for any use of the Edited Photos, e.g. through uploading the Edited Photos to the Community Website. Neither the uploaded photos nor the Edited Photos will be checked by Deep Art AI for any kind of potential or actual third party rights infringements or other issues.
6.3. Where the User makes the photos or Edited Photos available to third parties, e.g., through uploading Edited Photos to the Community Website, it is the sole responsibility of the User to grant or not to grant any rights regarding such photos or Edited Photos to such third parties.
6.4. The User will indemnify Deep Art AI, if third parties assert legally binding claims against Deep Art AI due to an infringement of their intellectual property rights through the use of the photos and/or the Edited Photos.
7. Updates
Deep Art AI will make updates to the Software available for download as needed, including changes in functionality or performance as appropriate. If the User cannot reasonably be expected to accept these changes (in particular, because they adversely affect a paid function for the User), the User shall be entitled to terminate the Plan extraordinarily.
8. License Fee and Terms of Payment
8.1. The provision of the paid version of the Software is subject to the conditions in particular with regard to the term and license fee of the chosen Plan. The User can view these conditions during the entire ordering process.
8.2. The license fee for the term selected in the Plan is due immediately and payment is made using the User’s credit card.
8.3. In case of late payment, Deep Art AI is 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. Either party may terminate the free version of the Software at any time. The User exercises this termination right through uninstalling the Software.
9.2. With the paid version of the Software, the User can choose between different Plans with different basic terms. The selected basic term of the Plan is automatically extended by an extension term of the same length, unless the contract is terminated either by the User or by Deep Art AI with a notice period of 6 weeks to the end of the basic term or the respective extension term (ordinary termination). Notice of termination must be given given in in electronically way on the Deep Art AI account page.
9.3. Both parties’ right to terminate for cause remains unaffected. Deep Art AI 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 term. In order to be effective, notice of termination must be given in in electronically way on the Deep Art AI account page.
10. Exclusion of the Right of Revocation
10.1. The right of revocation with regard to the paid version of the Software is, subject to the conditions described in Section 10.2 below, excluded.
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) expires as soon as the User receives the product key. The prerequisite for this is that the User has taken note of the Plan before ordering and has expressly agreed that it loses her/his right of revocation with the provision of the product key. The User will be informed about this during the ordering process.
11. Warranty
11.1. Deep Art AI does not assume any warranty if the Software is licensed free of charge.
11.2. With respect to the paid Software, the statutory warranty rights shall apply for a period of 12 months from the date of provision of the Software.
12. Liability
12.1. Unless otherwise specified 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.
12.2. Deep Art AI shall be liable in accordance with the statutory provisions for damages caused intentionally or through gross negligence by Deep Art AI, for injury to life, limb or health and for damages under product liability laws (which do not permit any contractual limitation of liability).
12.3. If Deep Art AI licenses the Software free of charge, Deep Art AI’ liability is, subject to Section 12.2 above, otherwise excluded.
12.4. If Deep Art AI licenses the Software against a charge, the following applies: If Deep Art AI causes damage through the simple negligent violation of cardinal obligations, Deep Art AI shall be liable for the foreseeable damage typical for the contract. Cardinal obligations are obligations, the fulfillment of which is essential for the proper execution of the contract and on the compliance of which the contracting party could regularly rely. Deep Art AI’ liability is, subject to Section 12.2 above, excluded in the event of a negligent breach of obligations other than cardinal obligations.
13. Privacy Policy
Information on how Deep Art AI processes the User’s personal data, are available in the privacy policy of Deep Art AI under the following link: https://deepart.ai/en/data-privacy-en/
14. Miscellaneous
14.1. Changes to the contract including ancillary agreements require text form to be effective. Verbal ancillary agreements are ineffective.
14.2. The User is not entitled to set off against claims of Deep Art AI or to assert rights of retention, unless they are undisputed or legally established claims.
14.3. Unless expressly agreed otherwise in text form, the User may not assign any claims arising from the contract.
14.4. The contract is governed by German law without its conflict of laws rules; CISG is excluded. Place of jurisdiction shall be determined pursuant to the applicable procedural law.
14.5. Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic meaning and purpose of the original wording.
1.1. These General Terms and Conditions (“GTC”) apply to the granting of a license by Deep Art AI GmbH (“Deep Art AI”) to its customer (“User”) for the use of the free and the paid version of the desktop PC software „Deep Art Effects Pro“ described herein (the free and the paid version of the software hereinafter referred to as “Software”).
1.2. Deep Art AI 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 prerequisite for the use of the Software is the download and installation of the Software on a qualified hardware end-device of the User as well as the User’s agreement to these GTC.
2.2. Details of the supported operating systems and interoperability of the Software can be found on the Deep Art AI website www.deepart.ai (“Website”) under the appropriate download button.
3. Functionality of the Software
3.1. With the Software, the User can have photos artistically edited. The User has various templates at its disposal, which can be applied to photos to make them appear in the style of certain art movements (e.g., impressionism). For this purpose, the User can load its photo into the Software and have it edited by the Software (the edited photo(s) in the following “Edited Photo(s)”). The User can also apply own art styles to photos (“Own Style(s)”), through uploading photos into the Software that the Software will then use as the template for the editing of a photo.
3.2. The User can 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 as part of the ordering process.
3.3. In addition, the User has the option of having the Edited 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 these descriptions and the GTC, the GTC take precedence.
4. Ordering Process and Contract Conclusion
4.1. In the case of the free version of the Software, the contract is concluded by downloading the Software and confirming these GTC electronically. The User can switch at any time from the free version to the paid version of the Software by placing a separate order within the Software. It will be informed of this possibility as soon as the User attempts to use a function available exclusively 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 set up a User account. The User will be asked to enter its e-mail address, a User ID (which may also be the User’s e-mail address) and a password. With the User ID and password, the User can log into the User account at any time and manage it. Only the User himself may use the User account. When registering, the User chooses the desired basic term for the use of the Software (“Plan”). By clicking on the button “Order payable” which then appears and by electronically declaring its consent to these GTC, the User submits a binding offer to conclude the contract. Deep Art AI accepts this offer at the same time, unless otherwise indicated in the order process. Before submitting the offer, the User may view and change the order data at any time. Using the “Back” button, the User can, for example, select a different Plan or payment method or cancel the order completely. Deep Art AI informs the User of this possibility of change after selecting the desired Plan and specifying the selected means of payment. Deep Art AI will immediately send the User an automatic confirmation of the contract stating the selected Plan to the User’s e-mail address; the contract can also be retrieved from the User’s account.
4.3. As soon as a contract pursuant to Section 4.2 of these GTC has been concluded for the paid version of the Software, the User shall receive a product key. With the product key, the User can activate and use the extended version of the Software.
5. Granting of rights
5.1. Deep Art AI grants the User a non-exclusive, limited, non-transferable and non-sublicensable right to use the Software to the extent set forth 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 unlimited. This license applies to a hardware device qualified according to the Website.
5.2. The Software is copy-protected. Any circumvention of the copy protection is expressly prohibited. In addition, the User can only install and use the paid version of the Software using the product key. When the User edits photos with the free Software, the Edited Photo has a watermark, which the User shall not remove or alter.
5.3. The User can freely use and dispose of the Edited Photos in relation to Deep Art AI. Amongst other things, the User may or may not upload the Edited Photos to the Deep Art AI community on the Website (“Community Website”).
5.4 The User can make Own Styles available to other users of the Software so that the other users can apply the Own Styles to their photos. If a User makes Own Styles available, it hereby agrees and confirms that all rights in the photos of other users that will be edited with such an Own Style shall be – in relation to the User – with such other users. Such other users may, for example, exploit a photo edited with an Own Style by publishing and/or commercializing it.
6. Duties of the User
6.1. The User ensures that it has the necessary rights to have its photos edited by the Software.
6.2. The User is solely responsible for the photos it uploads to the Software and for any use of the Edited Photos, e.g. through uploading the Edited Photos to the Community Website. Neither the uploaded photos nor the Edited Photos will be checked by Deep Art AI for any kind of potential or actual third party rights infringements or other issues.
6.3. Where the User makes the photos or Edited Photos available to third parties, e.g., through uploading Edited Photos to the Community Website, it is the sole responsibility of the User to grant or not to grant any rights regarding such photos or Edited Photos to such third parties.
6.4. The User will indemnify Deep Art AI, if third parties assert legally binding claims against Deep Art AI due to an infringement of their intellectual property rights through the use of the photos and/or the Edited Photos.
7. Updates
Deep Art AI will make updates to the Software available for download as needed, including changes in functionality or performance as appropriate. If the User cannot reasonably be expected to accept these changes (in particular, because they adversely affect a paid function for the User), the User shall be entitled to terminate the Plan extraordinarily.
8. License Fee and Terms of Payment
8.1. The provision of the paid version of the Software is subject to the conditions in particular with regard to the term and license fee of the chosen Plan. The User can view these conditions during the entire ordering process.
8.2. The license fee for the term selected in the Plan is due immediately and payment is made using the User’s credit card.
8.3. In case of late payment, Deep Art AI is 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. Either party may terminate the free version of the Software at any time. The User exercises this termination right through uninstalling the Software.
9.2. With the paid version of the Software, the User can choose between different Plans with different basic terms. The selected basic term of the Plan is automatically extended by an extension term of the same length, unless the contract is terminated either by the User or by Deep Art AI with a notice period of 6 weeks to the end of the basic term or the respective extension term (ordinary termination). Notice of termination must be given given in in electronically way on the Deep Art AI account page.
9.3. Both parties’ right to terminate for cause remains unaffected. Deep Art AI 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 term. In order to be effective, notice of termination must be given in in electronically way on the Deep Art AI account page.
10. Exclusion of the Right of Revocation
10.1. The right of revocation with regard to the paid version of the Software is, subject to the conditions described in Section 10.2 below, excluded.
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) expires as soon as the User receives the product key. The prerequisite for this is that the User has taken note of the Plan before ordering and has expressly agreed that it loses her/his right of revocation with the provision of the product key. The User will be informed about this during the ordering process.
11. Warranty
11.1. Deep Art AI does not assume any warranty if the Software is licensed free of charge.
11.2. With respect to the paid Software, the statutory warranty rights shall apply for a period of 12 months from the date of provision of the Software.
12. Liability
12.1. Unless otherwise specified 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.
12.2. Deep Art AI shall be liable in accordance with the statutory provisions for damages caused intentionally or through gross negligence by Deep Art AI, for injury to life, limb or health and for damages under product liability laws (which do not permit any contractual limitation of liability).
12.3. If Deep Art AI licenses the Software free of charge, Deep Art AI’ liability is, subject to Section 12.2 above, otherwise excluded.
12.4. If Deep Art AI licenses the Software against a charge, the following applies: If Deep Art AI causes damage through the simple negligent violation of cardinal obligations, Deep Art AI shall be liable for the foreseeable damage typical for the contract. Cardinal obligations are obligations, the fulfillment of which is essential for the proper execution of the contract and on the compliance of which the contracting party could regularly rely. Deep Art AI’ liability is, subject to Section 12.2 above, excluded in the event of a negligent breach of obligations other than cardinal obligations.
13. Privacy Policy
Information on how Deep Art AI processes the User’s personal data, are available in the privacy policy of Deep Art AI under the following link: https://deepart.ai/en/data-privacy-en/
14. Miscellaneous
14.1. Changes to the contract including ancillary agreements require text form to be effective. Verbal ancillary agreements are ineffective.
14.2. The User is not entitled to set off against claims of Deep Art AI or to assert rights of retention, unless they are undisputed or legally established claims.
14.3. Unless expressly agreed otherwise in text form, the User may not assign any claims arising from the contract.
14.4. The contract is governed by German law without its conflict of laws rules; CISG is excluded. Place of jurisdiction shall be determined pursuant to the applicable procedural law.
14.5. Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic meaning and purpose of the original wording.
1. Scope of Application
1.1. These general terms and conditions (“GTC”) apply to the granting of a license by Deep Art AI GmbH (“Deep Art AI”) to its customer (“User”) for the use of the app described herein (in-cluding the service to which the app is connected herein referred to as the “App”).
1.2. Deep Art AI licenses the App exclusively on the basis of the GTC. Other terms and condi-tions, in particular any general terms and conditions of the User, shall not apply.
2. Prerequisite for the Use of the App
2.1. The prerequisite for the use of the App is the download and installation of the App on a qualified hardware or qualified end-device (i.e. smartphone or tablet) (“Qualified Device”) of the User and the User’s acceptance of the GTC.
2.2. Details of the Qualified Devices, including supported operating systems and interoperability of the App, and further relevant details can be found in the app store in which Deep Art AI of-fers the App for download, i.e. the App Store (Apple), Amazon Appstore, or Google Play (“App Store”).
3. Functionality of the App
3.1. With the App, the User can have photos artistically edited. The User has various templates at its disposal, which can be applied to photos to make them appear in the style of certain art movements (e.g., impressionism). For this purpose, the User can load its photo into the App and have it edited by the App (the edited photo(s) in the following “Edited Photo(s)”). The User can also apply own art styles to a photo (“Own Style(s)”), through uploading photos into the App that the App will then use as a template for the editing of other photos of the User.
3.2. Further functions of the App, including additional services against a fee, are available in the App and/or in the App Store. In the case of contradictions between the descriptions in the App and/or App Store and the GTC, the GTC take precedence.
4. Ordering Process and Contract Conclusion
4.1. The contract will concluded by downloading the App and accepting these GTC electronical-ly (which is a condition for the installation of the App).
4.2. When the User downloads the App from an App Store, the general terms and conditions of the App Store operator (“App Store GTC”) apply in addition. The App Store GTC apply solely between the App Store operator and the User and do not apply between the User and Deep Art AI and in particular do not affect the validity of these GTC (and, more general, the contract) between Deep Art AI and the User.
4.3. As outlined in the App and/or in the App Store, the User can chose a free of charge-version of the App (“Free Version”) with limited functionalities or a chargeable “premium” version of the App (“Premium Version”) which contains more functionalities. The details are described in the App and in the App Store.
4.4. In order to use further functions (such as the community function), the User may be required to complete the registration process on the website www.deepart.ai (“Website”) and set up a User account. In this process, the User will be asked to enter its e-mail address, a User ID (which may also be the User’s e-mail address) and a password.
5. Granting of rights
5.1. Deep Art AI grants the User a non-exclusive, limited, non-transferable and non-sublicensable right to install, operate and use the App on a Qualified Device to the extent set forth in these GTC. Depending on the version of the App selected by the User, i.e. either the Free Version or the Premium Version, the license is limited in time as further set out in the App Store.
5.2. The App is copy-protected. Any circumvention of the copy protection is expressly prohibit-ed. When the User edits photos with the Free Version, the Edited Photo has a watermark, which the User shall not remove or alter.
5.3. If the user has registered on the Website (see above), the User can freely use and dispose of the Edited Photos in relation to Deep Art AI. Amongst other things, the User may or may not upload the Edited Photos to the Deep Art AI community on the Website (“Community Web-site”).
5.4 The User can make Own Styles available to other users of the App so that the other users can apply the Own Styles to their photos. If a User makes Own Styles available, it hereby agrees and confirms that all rights in the photos of other users that will be edited with such an Own Style shall be – in relation to the User – with such other users. Such other users may, for example, ex-ploit a photo edited with an Own Style by publishing and/or commercializing it.
6. Duties of the User
6.1. The User ensures that it has the necessary rights to have its photos edited by the App.
6.2. The User is solely responsible for the photos it uploads to the App and for any use of the Edited Photos, e.g. through uploading the Edited Photos to the Community Website. Neither the uploaded photos nor the Edited Photos will be checked by Deep Art AI for any kind of potential or actual third party rights infringements or other issues.
6.3. Where the User makes the photos or Edited Photos available to third parties, e.g., through uploading Edited Photos to the Community Website, it is the sole responsibility of the User to grant or not to grant any rights regarding such photos or Edited Photos to such third parties.
6.4 The User is responsible that the Qualified Device fulfills the requirements of the installation and operation of the App and that the Qualified Device is connected to the Internet.
6.5. The User will indemnify Deep Art AI, if third parties assert legally binding claims against Deep Art AI due to an infringement of their intellectual property rights through the use of the photos and/or the Edited Photos.
7. Updates
Deep Art AI will make regular updates of the App available for download, including security updates, which the User must install upon availability.
8. License Fee and Terms of Payment
8.1. The fees payable for the Premium Version are set forth in App and the App Store.
8.2. In the case of a late payment, Deep Art AI is 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 App.
9. Term and Termination
9.1. For the term and the termination rights (both for convenience and for cause), the App Store GTC apply.
9.2 For the avoidance of doubt, Deep Art AI’ right to terminate the contract with the User for cause, e.g., when the User infringes software or other intellectual property rights of Deep Art AI, remains unaffected.
10. Right of Revocation
Regarding the right of revocation, if any, the App Store GTC apply.
11. Warranty
For the Premium Version, the statutory warranty rights shall apply. For the Free Version, no war-ranty rights apply.
12. Liability
12.1. Unless otherwise specified 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.
12.2. Deep Art AI shall be liable in accordance with the statutory provisions for damages caused intentionally or through gross negligence by Deep Art AI, for injury to life, limb or health and for damages under product liability laws (which do not permit any contractual limitation of liability).
12.3. If Deep Art AI causes damage through the simple negligent violation of cardinal obliga-tions with respect to the Premium Version, Deep Art AI shall be liable for the foreseeable dam-age typical for the contract. Cardinal obligations are obligations, the fulfillment of which is essen-tial for the proper execution of the contract and on the compliance of which the contracting party could regularly rely. Deep Art AI’ liability is, subject to Section 12.2 above, excluded (i) in the event of a negligent breach of obligations other than cardinal obligations and (ii) with respect to the Free Version.
13. Privacy Policy
Information on how Deep Art AI processes the User’s personal data, are set forth in the privacy policy of Deep Art AI which is available here: https://deepart.ai/en/data-privacy-en/
14. Miscellaneous
14.1. Changes to the contract including ancillary agreements require text form to be effective. Verbal ancillary agreements are ineffective.
14.2. The User is not entitled to set off against claims of Deep Art AI or to assert rights of reten-tion, unless they are undisputed or legally established claims.
14.3. Unless expressly agreed otherwise in text form, the User may not assign any claims arising from the contract.
14.4. The contract is governed by German law without its conflict of laws rules; CISG is exclud-ed. Place of jurisdiction shall be determined pursuant to the applicable procedural law.
14.5. Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic meaning and purpose of the original wording.
1.1. These general terms and conditions (“GTC”) apply to the granting of a license by Deep Art AI GmbH (“Deep Art AI”) to its customer (“User”) for the use of the app described herein (in-cluding the service to which the app is connected herein referred to as the “App”).
1.2. Deep Art AI licenses the App exclusively on the basis of the GTC. Other terms and condi-tions, in particular any general terms and conditions of the User, shall not apply.
2. Prerequisite for the Use of the App
2.1. The prerequisite for the use of the App is the download and installation of the App on a qualified hardware or qualified end-device (i.e. smartphone or tablet) (“Qualified Device”) of the User and the User’s acceptance of the GTC.
2.2. Details of the Qualified Devices, including supported operating systems and interoperability of the App, and further relevant details can be found in the app store in which Deep Art AI of-fers the App for download, i.e. the App Store (Apple), Amazon Appstore, or Google Play (“App Store”).
3. Functionality of the App
3.1. With the App, the User can have photos artistically edited. The User has various templates at its disposal, which can be applied to photos to make them appear in the style of certain art movements (e.g., impressionism). For this purpose, the User can load its photo into the App and have it edited by the App (the edited photo(s) in the following “Edited Photo(s)”). The User can also apply own art styles to a photo (“Own Style(s)”), through uploading photos into the App that the App will then use as a template for the editing of other photos of the User.
3.2. Further functions of the App, including additional services against a fee, are available in the App and/or in the App Store. In the case of contradictions between the descriptions in the App and/or App Store and the GTC, the GTC take precedence.
4. Ordering Process and Contract Conclusion
4.1. The contract will concluded by downloading the App and accepting these GTC electronical-ly (which is a condition for the installation of the App).
4.2. When the User downloads the App from an App Store, the general terms and conditions of the App Store operator (“App Store GTC”) apply in addition. The App Store GTC apply solely between the App Store operator and the User and do not apply between the User and Deep Art AI and in particular do not affect the validity of these GTC (and, more general, the contract) between Deep Art AI and the User.
4.3. As outlined in the App and/or in the App Store, the User can chose a free of charge-version of the App (“Free Version”) with limited functionalities or a chargeable “premium” version of the App (“Premium Version”) which contains more functionalities. The details are described in the App and in the App Store.
4.4. In order to use further functions (such as the community function), the User may be required to complete the registration process on the website www.deepart.ai (“Website”) and set up a User account. In this process, the User will be asked to enter its e-mail address, a User ID (which may also be the User’s e-mail address) and a password.
5. Granting of rights
5.1. Deep Art AI grants the User a non-exclusive, limited, non-transferable and non-sublicensable right to install, operate and use the App on a Qualified Device to the extent set forth in these GTC. Depending on the version of the App selected by the User, i.e. either the Free Version or the Premium Version, the license is limited in time as further set out in the App Store.
5.2. The App is copy-protected. Any circumvention of the copy protection is expressly prohibit-ed. When the User edits photos with the Free Version, the Edited Photo has a watermark, which the User shall not remove or alter.
5.3. If the user has registered on the Website (see above), the User can freely use and dispose of the Edited Photos in relation to Deep Art AI. Amongst other things, the User may or may not upload the Edited Photos to the Deep Art AI community on the Website (“Community Web-site”).
5.4 The User can make Own Styles available to other users of the App so that the other users can apply the Own Styles to their photos. If a User makes Own Styles available, it hereby agrees and confirms that all rights in the photos of other users that will be edited with such an Own Style shall be – in relation to the User – with such other users. Such other users may, for example, ex-ploit a photo edited with an Own Style by publishing and/or commercializing it.
6. Duties of the User
6.1. The User ensures that it has the necessary rights to have its photos edited by the App.
6.2. The User is solely responsible for the photos it uploads to the App and for any use of the Edited Photos, e.g. through uploading the Edited Photos to the Community Website. Neither the uploaded photos nor the Edited Photos will be checked by Deep Art AI for any kind of potential or actual third party rights infringements or other issues.
6.3. Where the User makes the photos or Edited Photos available to third parties, e.g., through uploading Edited Photos to the Community Website, it is the sole responsibility of the User to grant or not to grant any rights regarding such photos or Edited Photos to such third parties.
6.4 The User is responsible that the Qualified Device fulfills the requirements of the installation and operation of the App and that the Qualified Device is connected to the Internet.
6.5. The User will indemnify Deep Art AI, if third parties assert legally binding claims against Deep Art AI due to an infringement of their intellectual property rights through the use of the photos and/or the Edited Photos.
7. Updates
Deep Art AI will make regular updates of the App available for download, including security updates, which the User must install upon availability.
8. License Fee and Terms of Payment
8.1. The fees payable for the Premium Version are set forth in App and the App Store.
8.2. In the case of a late payment, Deep Art AI is 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 App.
9. Term and Termination
9.1. For the term and the termination rights (both for convenience and for cause), the App Store GTC apply.
9.2 For the avoidance of doubt, Deep Art AI’ right to terminate the contract with the User for cause, e.g., when the User infringes software or other intellectual property rights of Deep Art AI, remains unaffected.
10. Right of Revocation
Regarding the right of revocation, if any, the App Store GTC apply.
11. Warranty
For the Premium Version, the statutory warranty rights shall apply. For the Free Version, no war-ranty rights apply.
12. Liability
12.1. Unless otherwise specified 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.
12.2. Deep Art AI shall be liable in accordance with the statutory provisions for damages caused intentionally or through gross negligence by Deep Art AI, for injury to life, limb or health and for damages under product liability laws (which do not permit any contractual limitation of liability).
12.3. If Deep Art AI causes damage through the simple negligent violation of cardinal obliga-tions with respect to the Premium Version, Deep Art AI shall be liable for the foreseeable dam-age typical for the contract. Cardinal obligations are obligations, the fulfillment of which is essen-tial for the proper execution of the contract and on the compliance of which the contracting party could regularly rely. Deep Art AI’ liability is, subject to Section 12.2 above, excluded (i) in the event of a negligent breach of obligations other than cardinal obligations and (ii) with respect to the Free Version.
13. Privacy Policy
Information on how Deep Art AI processes the User’s personal data, are set forth in the privacy policy of Deep Art AI which is available here: https://deepart.ai/en/data-privacy-en/
14. Miscellaneous
14.1. Changes to the contract including ancillary agreements require text form to be effective. Verbal ancillary agreements are ineffective.
14.2. The User is not entitled to set off against claims of Deep Art AI or to assert rights of reten-tion, unless they are undisputed or legally established claims.
14.3. Unless expressly agreed otherwise in text form, the User may not assign any claims arising from the contract.
14.4. The contract is governed by German law without its conflict of laws rules; CISG is exclud-ed. Place of jurisdiction shall be determined pursuant to the applicable procedural law.
14.5. Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic meaning and purpose of the original wording.
1. Scope of Application
1.1. These General Terms and Conditions (“GTC”) apply to the granting of a license by Deep Art AI GmbH (“Deep Art AI”) to its customer (“User”) for the use of the free and the paid version of the desktop PC software “Deep Art Creator Pro“ described herein (hereinafter referred to as “Software”).
1.2. Deep Art AI 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 prerequisite for the use of the Software is the download and installation of the Software on a qualified hardware end-device of the User as well as the User’s agreement to these GTC.
2.2. Details of the supported operating systems and interoperability of the Software can be found on the Deep Art AI website www.deepart.ai and www.deepartcreator.com (“Websites”) under the appropriate download button.
3. Functionality of the Software
3.1. With the Software, the User can create and edit digital images by utilizing an artificial intelligence (“AI”). To control the AI, the User can write a description of the image. The AI will create a digital image (“AI-Image”), based on the information included in the text provided by the User. After the AI-Image is created by the AI, the User has various options to change the AI-Image.
3.2. The User can choose between different “Software subscription versions”. After the end of the validity time period, the User can no longer use the functions of the Software, in case the Software subscription version is tied to a validity time period. Details of the subscription plans are described in the service description as part of the ordering process.
3.3. Commercial Users can only choose corporate Software subscription versions. Details of the corporate Software subscription versions are described in the service description as part of the ordering process.
3.4. Further functions of the Software are described on the website. In case of contradictions between these descriptions and the GTC, the GTC take precedence.
4. Ordering Process and Contract Conclusion
4.1. In order to use the Software, the User must first complete the registration process on the website and set up a user account. The User will be asked to enter its e-mail address, a User ID (which may also be the User’s e-mail address) and a password. With the User ID and password, the User can log into the User account at any time and manage it. Only the User himself may use the User account. When registering, the User chooses the desired Software subscription version for the use of the Software. By clicking on the button “Order payable” which then appears and by electronically declaring its consent to these GTC, the User submits a binding offer to conclude the contract. Deep Art AI accepts this offer at the same time, unless otherwise indicated in the order process. Before submitting the offer, the User may view and change the order data at any time. Using the “Back” button, the User can, for example, select a different Software subscription version or payment method or cancel the order completely. Deep Art AI informs the User of this possibility of change after selecting the desired Software subscription version and specifying the selected means of payment. Deep Art AI will immediately send the User an automatic confirmation of the contract stating the selected Software subscription version to the User’s e-mail address; the contract can also be retrieved from the User’s account.
4.2. As soon as a contract pursuant to Section 4.2 of these GTC has been concluded1, the User shall receive a product key. With the product key, the User can activate and use the extended version of the Software.
5. Granting of rights
5.1. Deep Art AI grants the User a non-exclusive, limited, non-transferable and non-sublicensable right to use the Software to the extent set forth in these GTC. The license is limited to the term of the selected Software subscription version. This license applies to a hardware device qualified according to the Website.
5.2. The Software is copy-protected. Any circumvention of the copy protection is expressly prohibited. In addition, the User can only install and use the paid version of the Software using the product key.
6. Duties of the User
6.1. The User ensures that it has the necessary rights to any information and data that he is editing by, upload to or using within the Software.
6.2. The User is solely responsible for the information and Data he uploads to the Software and for any use of AI-Images. Neither the information and data used by the User in the Software nor the created AI-images will be checked by Deep Art AI for any kind of potential or actual third-party rights infringements or other issues.
6.3. Where the User makes AI-images available to third parties, e.g., through uploading AI-images to the Websites, it is the sole responsibility of the User to grant or not to grant any rights regarding AI-images to third parties.
6.4. The User will indemnify Deep Art AI, if third parties assert legally binding claims against Deep Art AI due to an infringement of their intellectual property rights through the use or creation of the AI-Images.
7. Updates
Deep Art AI will make updates to the Software available for download as needed, including changes in functionality or performance as appropriate. If the User cannot reasonably be expected to accept these changes (in particular, because they adversely affect a paid function for the User), the User shall be entitled to terminate the Plan extraordinarily.
8. License Fee and Terms of Payment
8.1. The provision of the Software is subject to the conditions in particular with regard to the term and license fee of the chosen Software subscription version. The User can view these conditions during the entire ordering process.
8.2. The license fee for the term selected in the Software subscription version is due immediately and payment is made using the User’s credit card.
8.3. In case of late payment, Deep Art AI is 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. For Users in the European Union, the following rules apply: The User can choose between different Software subscription versions with different basic terms. The selected basic term of the Plan is automatically extended to an undetermined length, that may be terminated by the User or by Deep Art AI with a notice period of 1 week (ordinary termination). The basic term of the contractual software subscription variant shall be used as the basis for further billing. In the event of termination before the end of the next term of the selected software subscription variant, the User shall be entitled to a refund of prepaid license fees, calculated from the time the termination becomes effective until the time the next term of the selected software subscription variant ends. Notice of termination must be given in in electronically way on the Deep Art AI account page.
9.2. For Users outside the European Union, the following rules apply: The User can choose between different Software subscription versions with different basic terms. The selected basic term of the Plan is automatically extended by an extension term of the same length, unless the contract is terminated either by the User or by Deep Art AI with a notice period of 6 weeks to the end of the basic term or the respective extension term (ordinary termination). Notice of termination must be given in in electronically way on the Deep Art AI account page.
9.3. Both parties’ right to terminate for cause remains unaffected. Deep Art AI 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 term. In order to be effective, notice of termination must be given in in electronically way on the Deep Art AI account page.
10. Exclusion of the Right of Revocation
10.1. The right of revocation regarding the Software is, subject to the conditions described in Sections below, excluded.
10.2. For Users in the European Union, the following rules of revocation apply: The product key for activation is digital content that is not on a physical data carrier. User’s 14-day right of revocation pursuant to § 355 BGB (German Civil Code) expires as soon as the User receives the product key. With the ordering process, the user declares that he has been informed pursuant to § 356 Abs. 5 Nr. 2 BGB and expressively agrees that he loses his right of revocation with the provision of the product key and agrees that Deep Art AI is starting with the contract execution before the end of the 14-day revocation period. The necessary electronic documentation and electronic acceptance by and for the user are provided by Deep Art AI within the ordering process
10.3. For Users outside the European Union, the following rules of revocation apply: 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) expires as soon as the User receives the product key. The prerequisite for this is that the User has taken note of the Software subscription version before ordering and has expressly agreed that it loses her/his right of revocation with the provision of the product key. The User will be informed about this during the ordering process.
11. Warranty
The statutory warranty rights shall apply for a period of 24 months from the date of provision of the Software.
12. Liability
12.1. Unless otherwise specified 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.
12.2. Deep Art AI shall be liable in accordance with the statutory provisions for damages caused intentionally or through gross negligence by Deep Art AI, for injury to life, limb or health and for damages under product liability laws (which do not permit any contractual limitation of liability).
12.3. If Deep Art AI causes damage through the simple negligent violation of cardinal obligations, Deep Art AI shall be liable for the foreseeable damage typical for the contract. Cardinal obligations are obligations, the fulfillment of which is essential for the proper execution of the contract and on the compliance of which the contracting party could regularly rely. Deep Art AI’ liability is, subject to Section 12.2 above, excluded in the event of a negligent breach of obligations other than cardinal obligations.
13. Privacy Policy
Information on how Deep Art AI processes the User’s personal data, are available in the privacy policy of Deep Art AI under the following link: https://deepart.ai/en/data-privacy-en/
14. Miscellaneous
14.1. Changes to the contract including ancillary agreements require text form to be effective. Verbal ancillary agreements are ineffective.
14.2. The User is not entitled to set off against claims of Deep Art AI or to assert rights of retention, unless they are undisputed or legally established claims.
14.3. Unless expressly agreed otherwise in text form, the User may not assign any claims arising from the contract.
14.4. The contract is governed by German law without its conflict of laws rules; CISG is excluded. Place of jurisdiction shall be determined pursuant to the applicable procedural law.
14.5. Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic meaning and purpose of the original wording.
1.1. These General Terms and Conditions (“GTC”) apply to the granting of a license by Deep Art AI GmbH (“Deep Art AI”) to its customer (“User”) for the use of the free and the paid version of the desktop PC software “Deep Art Creator Pro“ described herein (hereinafter referred to as “Software”).
1.2. Deep Art AI 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 prerequisite for the use of the Software is the download and installation of the Software on a qualified hardware end-device of the User as well as the User’s agreement to these GTC.
2.2. Details of the supported operating systems and interoperability of the Software can be found on the Deep Art AI website www.deepart.ai and www.deepartcreator.com (“Websites”) under the appropriate download button.
3. Functionality of the Software
3.1. With the Software, the User can create and edit digital images by utilizing an artificial intelligence (“AI”). To control the AI, the User can write a description of the image. The AI will create a digital image (“AI-Image”), based on the information included in the text provided by the User. After the AI-Image is created by the AI, the User has various options to change the AI-Image.
3.2. The User can choose between different “Software subscription versions”. After the end of the validity time period, the User can no longer use the functions of the Software, in case the Software subscription version is tied to a validity time period. Details of the subscription plans are described in the service description as part of the ordering process.
3.3. Commercial Users can only choose corporate Software subscription versions. Details of the corporate Software subscription versions are described in the service description as part of the ordering process.
3.4. Further functions of the Software are described on the website. In case of contradictions between these descriptions and the GTC, the GTC take precedence.
4. Ordering Process and Contract Conclusion
4.1. In order to use the Software, the User must first complete the registration process on the website and set up a user account. The User will be asked to enter its e-mail address, a User ID (which may also be the User’s e-mail address) and a password. With the User ID and password, the User can log into the User account at any time and manage it. Only the User himself may use the User account. When registering, the User chooses the desired Software subscription version for the use of the Software. By clicking on the button “Order payable” which then appears and by electronically declaring its consent to these GTC, the User submits a binding offer to conclude the contract. Deep Art AI accepts this offer at the same time, unless otherwise indicated in the order process. Before submitting the offer, the User may view and change the order data at any time. Using the “Back” button, the User can, for example, select a different Software subscription version or payment method or cancel the order completely. Deep Art AI informs the User of this possibility of change after selecting the desired Software subscription version and specifying the selected means of payment. Deep Art AI will immediately send the User an automatic confirmation of the contract stating the selected Software subscription version to the User’s e-mail address; the contract can also be retrieved from the User’s account.
4.2. As soon as a contract pursuant to Section 4.2 of these GTC has been concluded1, the User shall receive a product key. With the product key, the User can activate and use the extended version of the Software.
5. Granting of rights
5.1. Deep Art AI grants the User a non-exclusive, limited, non-transferable and non-sublicensable right to use the Software to the extent set forth in these GTC. The license is limited to the term of the selected Software subscription version. This license applies to a hardware device qualified according to the Website.
5.2. The Software is copy-protected. Any circumvention of the copy protection is expressly prohibited. In addition, the User can only install and use the paid version of the Software using the product key.
6. Duties of the User
6.1. The User ensures that it has the necessary rights to any information and data that he is editing by, upload to or using within the Software.
6.2. The User is solely responsible for the information and Data he uploads to the Software and for any use of AI-Images. Neither the information and data used by the User in the Software nor the created AI-images will be checked by Deep Art AI for any kind of potential or actual third-party rights infringements or other issues.
6.3. Where the User makes AI-images available to third parties, e.g., through uploading AI-images to the Websites, it is the sole responsibility of the User to grant or not to grant any rights regarding AI-images to third parties.
6.4. The User will indemnify Deep Art AI, if third parties assert legally binding claims against Deep Art AI due to an infringement of their intellectual property rights through the use or creation of the AI-Images.
7. Updates
Deep Art AI will make updates to the Software available for download as needed, including changes in functionality or performance as appropriate. If the User cannot reasonably be expected to accept these changes (in particular, because they adversely affect a paid function for the User), the User shall be entitled to terminate the Plan extraordinarily.
8. License Fee and Terms of Payment
8.1. The provision of the Software is subject to the conditions in particular with regard to the term and license fee of the chosen Software subscription version. The User can view these conditions during the entire ordering process.
8.2. The license fee for the term selected in the Software subscription version is due immediately and payment is made using the User’s credit card.
8.3. In case of late payment, Deep Art AI is 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. For Users in the European Union, the following rules apply: The User can choose between different Software subscription versions with different basic terms. The selected basic term of the Plan is automatically extended to an undetermined length, that may be terminated by the User or by Deep Art AI with a notice period of 1 week (ordinary termination). The basic term of the contractual software subscription variant shall be used as the basis for further billing. In the event of termination before the end of the next term of the selected software subscription variant, the User shall be entitled to a refund of prepaid license fees, calculated from the time the termination becomes effective until the time the next term of the selected software subscription variant ends. Notice of termination must be given in in electronically way on the Deep Art AI account page.
9.2. For Users outside the European Union, the following rules apply: The User can choose between different Software subscription versions with different basic terms. The selected basic term of the Plan is automatically extended by an extension term of the same length, unless the contract is terminated either by the User or by Deep Art AI with a notice period of 6 weeks to the end of the basic term or the respective extension term (ordinary termination). Notice of termination must be given in in electronically way on the Deep Art AI account page.
9.3. Both parties’ right to terminate for cause remains unaffected. Deep Art AI 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 term. In order to be effective, notice of termination must be given in in electronically way on the Deep Art AI account page.
10. Exclusion of the Right of Revocation
10.1. The right of revocation regarding the Software is, subject to the conditions described in Sections below, excluded.
10.2. For Users in the European Union, the following rules of revocation apply: The product key for activation is digital content that is not on a physical data carrier. User’s 14-day right of revocation pursuant to § 355 BGB (German Civil Code) expires as soon as the User receives the product key. With the ordering process, the user declares that he has been informed pursuant to § 356 Abs. 5 Nr. 2 BGB and expressively agrees that he loses his right of revocation with the provision of the product key and agrees that Deep Art AI is starting with the contract execution before the end of the 14-day revocation period. The necessary electronic documentation and electronic acceptance by and for the user are provided by Deep Art AI within the ordering process
10.3. For Users outside the European Union, the following rules of revocation apply: 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) expires as soon as the User receives the product key. The prerequisite for this is that the User has taken note of the Software subscription version before ordering and has expressly agreed that it loses her/his right of revocation with the provision of the product key. The User will be informed about this during the ordering process.
11. Warranty
The statutory warranty rights shall apply for a period of 24 months from the date of provision of the Software.
12. Liability
12.1. Unless otherwise specified 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.
12.2. Deep Art AI shall be liable in accordance with the statutory provisions for damages caused intentionally or through gross negligence by Deep Art AI, for injury to life, limb or health and for damages under product liability laws (which do not permit any contractual limitation of liability).
12.3. If Deep Art AI causes damage through the simple negligent violation of cardinal obligations, Deep Art AI shall be liable for the foreseeable damage typical for the contract. Cardinal obligations are obligations, the fulfillment of which is essential for the proper execution of the contract and on the compliance of which the contracting party could regularly rely. Deep Art AI’ liability is, subject to Section 12.2 above, excluded in the event of a negligent breach of obligations other than cardinal obligations.
13. Privacy Policy
Information on how Deep Art AI processes the User’s personal data, are available in the privacy policy of Deep Art AI under the following link: https://deepart.ai/en/data-privacy-en/
14. Miscellaneous
14.1. Changes to the contract including ancillary agreements require text form to be effective. Verbal ancillary agreements are ineffective.
14.2. The User is not entitled to set off against claims of Deep Art AI or to assert rights of retention, unless they are undisputed or legally established claims.
14.3. Unless expressly agreed otherwise in text form, the User may not assign any claims arising from the contract.
14.4. The contract is governed by German law without its conflict of laws rules; CISG is excluded. Place of jurisdiction shall be determined pursuant to the applicable procedural law.
14.5. Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic meaning and purpose of the original wording.
1. Scope of Application
1.1. These general terms and conditions (“GTC”) apply to the granting of a license by Deep Art AI GmbH (“Deep Art AI”) to its customer (“User”) for the use of the app described herein (in-cluding the service to which the app is connected herein referred to as the “App”).
1.2. Deep Art AI licenses the App exclusively on the basis of the GTC. Other terms and condi-tions, in particular any general terms and conditions of the User, shall not apply.
2. Prerequisite for the Use of the App
2.1. The prerequisite for the use of the App is the download and installation of the App on a qualified hardware or qualified end-device (i.e. smartphone or tablet) (“Qualified Device”) of the User and the User’s acceptance of the GTC.
2.2. Details of the Qualified Devices, including supported operating systems and interoperability of the App, and further relevant details can be found in the app store in which Deep Art AI of-fers the App for download, i.e. the App Store (Apple), Amazon Appstore, or Google Play (“App Store”).
3. Functionality of the App
3.1. With the App, the User can create and edit digital images by utilizing an artificial intelli-gence (“AI”). To control the AI, the User can write a description of the image. The AI will create a digital image (“AI-Image”), based on the information included in the text provided by the Us-er. After the AI-Image is created by the AI, the User has various options to change the AI-Image.
3.2. Further functions of the App, including additional services against a fee, are available in the App and/or in the App Store. In the case of contradictions between the descriptions in the App and/or App Store and the GTC, the GTC take precedence.
4. Ordering Process and Contract Conclusion
4.1. The contract will concluded by downloading the App and accepting these GTC electronical-ly (which is a condition for the installation of the App).
4.2. When the User downloads the App from an App Store, the general terms and conditions of the App Store operator (“App Store GTC”) apply in addition. The App Store GTC apply solely between the App Store operator and the User and do not apply between the User and Deep Art AI and in particular do not affect the validity of these GTC (and, more general, the contract) between Deep Art AI and the User.
4.3. As outlined in the App and/or in the App Store, the User can choose between different “App subscription versions”. After end of the validity time period, the User can no longer use the functions of the App, if the subscription is tied to a validity time period. The details and prices are described in the App and in the App Store.
4.4. In order to use further functions (such as the community function), the User may be required to complete the registration process on the website www.deepart.ai or www.deepartcreator.com (“Websites”) and set up a User account. In this process, the User will be asked to enter its e-mail address, a User ID (which may also be the User’s e-mail address) and a password.
5. Granting of rights
5.1. Deep Art AI grants the User a non-exclusive, limited, non-transferable and non-sublicensable right to install, operate and use the App on a Qualified Device to the extent set forth in these GTC. Depending on the App subscription Version selected by the User, the license is limited in time as further set out in the App Store.
5.2. The App is copy-protected. Any circumvention of the copy-protection is expressly prohibit-ed.
6. Duties of the User
6.1. The User ensures that it has the necessary rights to any information and data that he is edit-ing by, upload to or using within the App.
6.2. The User is solely responsible for the information and Data he uploads to the App and for any use of KI-Images. Neither the information and data used by the User in the App nor the cre-ated AI-images will be checked by Deep Art AI for any kind of potential or actual third-party rights infringements or other issues.
6.3. Where the User makes AI-images available to third parties, e.g., through uploading AI-images to the Websites, it is the sole responsibility of the User to grant or not to grant any rights regarding AI-images to third parties.
6.4 The User is responsible that the Qualified Device fulfills the requirements of the installation and operation of the App and that the Qualified Device is connected to the Internet.
6.5. The User will indemnify Deep Art AI, if third parties assert legally binding claims against Deep Art AI due to an infringement of their intellectual property rights through the use or crea-tion of AI-images.
7. Updates
Deep Art AI will make regular updates of the App available for download, including security updates, which the User must install upon availability.
8. License Fee and Terms of Payment
8.1. The fees payable for the App subscription versions are set forth in App and the App Store.
8.2. In the case of a late payment, Deep Art AI is 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 App.
9. Term and Termination
9.1. For the term and the termination rights (both for convenience and for cause), the App Store GTC apply.
9.2 For the avoidance of doubt, Deep Art AI’ right to terminate the contract with the User for cause, e.g., when the User infringes software or other intellectual property rights of Deep Art AI, remains unaffected.
10. Right of Revocation
The respective statutory right of revocation for each User and the App Store GTC in regard to revocations apply for each User acting as a consumer.
11. Warranty
The statutory warranty rights shall apply for any chargeable purchase of App subscription ver-sions by the User acting as a consumer.
12. Liability
12.1. Unless otherwise specified 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.
12.2. Deep Art AI shall be liable in accordance with the statutory provisions for damages caused intentionally or through gross negligence by Deep Art AI, for injury to life, limb or health and for damages under product liability laws (which do not permit any contractual limitation of liability).
12.3. If Deep Art AI causes damage through the simple negligent violation of cardinal obliga-tions with respect to App subscription versions, Deep Art AI shall be liable for the foreseeable damage typical for the contract. Cardinal obligations are obligations, the fulfillment of which is essential for the proper execution of the contract and on the compliance of which the contracting party could regularly rely. Deep Art AI’ liability is, subject to Section 12.2 above, excluded in the event of a negligent breach of obligations other than cardinal obligations.
13. Privacy Policy
Information on how Deep Art AI processes the User’s personal data, are set forth in the privacy policy of Deep Art AI which is available here: https://deepart.ai/en/data-privacy-en/
14. Miscellaneous
14.1. Changes to the contract including ancillary agreements require text form to be effective. Verbal ancillary agreements are ineffective.
14.2. The User is not entitled to set off against claims of Deep Art AI or to assert rights of reten-tion, unless they are undisputed or legally established claims.
14.3. Unless expressly agreed otherwise in text form, the User may not assign any claims arising from the contract.
14.4. The contract is governed by German law without its conflict of laws rules; CISG is exclud-ed. Place of jurisdiction shall be determined pursuant to the applicable procedural law.
14.5. Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic meaning and purpose of the original wording.
1.1. These general terms and conditions (“GTC”) apply to the granting of a license by Deep Art AI GmbH (“Deep Art AI”) to its customer (“User”) for the use of the app described herein (in-cluding the service to which the app is connected herein referred to as the “App”).
1.2. Deep Art AI licenses the App exclusively on the basis of the GTC. Other terms and condi-tions, in particular any general terms and conditions of the User, shall not apply.
2. Prerequisite for the Use of the App
2.1. The prerequisite for the use of the App is the download and installation of the App on a qualified hardware or qualified end-device (i.e. smartphone or tablet) (“Qualified Device”) of the User and the User’s acceptance of the GTC.
2.2. Details of the Qualified Devices, including supported operating systems and interoperability of the App, and further relevant details can be found in the app store in which Deep Art AI of-fers the App for download, i.e. the App Store (Apple), Amazon Appstore, or Google Play (“App Store”).
3. Functionality of the App
3.1. With the App, the User can create and edit digital images by utilizing an artificial intelli-gence (“AI”). To control the AI, the User can write a description of the image. The AI will create a digital image (“AI-Image”), based on the information included in the text provided by the Us-er. After the AI-Image is created by the AI, the User has various options to change the AI-Image.
3.2. Further functions of the App, including additional services against a fee, are available in the App and/or in the App Store. In the case of contradictions between the descriptions in the App and/or App Store and the GTC, the GTC take precedence.
4. Ordering Process and Contract Conclusion
4.1. The contract will concluded by downloading the App and accepting these GTC electronical-ly (which is a condition for the installation of the App).
4.2. When the User downloads the App from an App Store, the general terms and conditions of the App Store operator (“App Store GTC”) apply in addition. The App Store GTC apply solely between the App Store operator and the User and do not apply between the User and Deep Art AI and in particular do not affect the validity of these GTC (and, more general, the contract) between Deep Art AI and the User.
4.3. As outlined in the App and/or in the App Store, the User can choose between different “App subscription versions”. After end of the validity time period, the User can no longer use the functions of the App, if the subscription is tied to a validity time period. The details and prices are described in the App and in the App Store.
4.4. In order to use further functions (such as the community function), the User may be required to complete the registration process on the website www.deepart.ai or www.deepartcreator.com (“Websites”) and set up a User account. In this process, the User will be asked to enter its e-mail address, a User ID (which may also be the User’s e-mail address) and a password.
5. Granting of rights
5.1. Deep Art AI grants the User a non-exclusive, limited, non-transferable and non-sublicensable right to install, operate and use the App on a Qualified Device to the extent set forth in these GTC. Depending on the App subscription Version selected by the User, the license is limited in time as further set out in the App Store.
5.2. The App is copy-protected. Any circumvention of the copy-protection is expressly prohibit-ed.
6. Duties of the User
6.1. The User ensures that it has the necessary rights to any information and data that he is edit-ing by, upload to or using within the App.
6.2. The User is solely responsible for the information and Data he uploads to the App and for any use of KI-Images. Neither the information and data used by the User in the App nor the cre-ated AI-images will be checked by Deep Art AI for any kind of potential or actual third-party rights infringements or other issues.
6.3. Where the User makes AI-images available to third parties, e.g., through uploading AI-images to the Websites, it is the sole responsibility of the User to grant or not to grant any rights regarding AI-images to third parties.
6.4 The User is responsible that the Qualified Device fulfills the requirements of the installation and operation of the App and that the Qualified Device is connected to the Internet.
6.5. The User will indemnify Deep Art AI, if third parties assert legally binding claims against Deep Art AI due to an infringement of their intellectual property rights through the use or crea-tion of AI-images.
7. Updates
Deep Art AI will make regular updates of the App available for download, including security updates, which the User must install upon availability.
8. License Fee and Terms of Payment
8.1. The fees payable for the App subscription versions are set forth in App and the App Store.
8.2. In the case of a late payment, Deep Art AI is 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 App.
9. Term and Termination
9.1. For the term and the termination rights (both for convenience and for cause), the App Store GTC apply.
9.2 For the avoidance of doubt, Deep Art AI’ right to terminate the contract with the User for cause, e.g., when the User infringes software or other intellectual property rights of Deep Art AI, remains unaffected.
10. Right of Revocation
The respective statutory right of revocation for each User and the App Store GTC in regard to revocations apply for each User acting as a consumer.
11. Warranty
The statutory warranty rights shall apply for any chargeable purchase of App subscription ver-sions by the User acting as a consumer.
12. Liability
12.1. Unless otherwise specified 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.
12.2. Deep Art AI shall be liable in accordance with the statutory provisions for damages caused intentionally or through gross negligence by Deep Art AI, for injury to life, limb or health and for damages under product liability laws (which do not permit any contractual limitation of liability).
12.3. If Deep Art AI causes damage through the simple negligent violation of cardinal obliga-tions with respect to App subscription versions, Deep Art AI shall be liable for the foreseeable damage typical for the contract. Cardinal obligations are obligations, the fulfillment of which is essential for the proper execution of the contract and on the compliance of which the contracting party could regularly rely. Deep Art AI’ liability is, subject to Section 12.2 above, excluded in the event of a negligent breach of obligations other than cardinal obligations.
13. Privacy Policy
Information on how Deep Art AI processes the User’s personal data, are set forth in the privacy policy of Deep Art AI which is available here: https://deepart.ai/en/data-privacy-en/
14. Miscellaneous
14.1. Changes to the contract including ancillary agreements require text form to be effective. Verbal ancillary agreements are ineffective.
14.2. The User is not entitled to set off against claims of Deep Art AI or to assert rights of reten-tion, unless they are undisputed or legally established claims.
14.3. Unless expressly agreed otherwise in text form, the User may not assign any claims arising from the contract.
14.4. The contract is governed by German law without its conflict of laws rules; CISG is exclud-ed. Place of jurisdiction shall be determined pursuant to the applicable procedural law.
14.5. Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic meaning and purpose of the original wording.
1. Subject of the Contract
1.1. Deep Art AI GmbH (“Deep Art AI”) provides cloud-based services (“DA-Service(s)”) to end customers (“User(s)”).
1.2. Deep Art AI offers its business partners (“Business Partners”) the opportunity to integrate the Deep Art AI technology into their own software or services on the basis of these General Terms and Conditions (“GTC”) and provide it to their end customers.
2. Scope of Application
2.1. These Terms and Conditions apply to the services described herein (“Service(s)”) that Deep Art AI provides to its business partners for integration into their software.
2.2. These terms and conditions apply exclusively to companies. A company in the sense of these GTC is a natural or legal person or a legally competent partnership, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2.3. Deep Art AI provides all services exclusively on the basis of these GTC. Other conditions, in particular general terms and conditions of the business partner, do not apply.
3. Subject of Service
3.1. Deep Art AI will provide the Business Partner with information regarding the connection of the DAE Services to their software or services (“Interface Service (s)”). The interfacing itself is not part of the interface service, but must be set up by the business partner. In addition, the Business Partner receives technical support in accordance with the relevant service descriptions.
3.2. Further descriptions of the Interface Services are described on the Deep Art AI website. In case of contradictions between the service descriptions and the GTC, the GTC take precedence.
3.3. Deep Art AI grants its business partners access to the Interface Services as part of a 14-day free test plan.
4. Ordering Process and Contract Conclusion
4.1. The Business Partner must first complete the registration process on the Deep Art AI website and set up a user account. The Business Partner will be asked to provide their email address, a user ID (which may also be the Business Partner’s email address) and a password. The Business Partner may use the User ID and Password to log into and manage the Business Partner’s User Account at any time. Only the business partner may use the user account. When registering, the business partner selects the desired basic term via access to the interface service (“Plan”). By clicking on the button “Order Payable” which then appears, and by electronically declaring his consent to these GTC, the Business Partner submits his binding offer to conclude the contract. Deep Art AI accepts this offer at the same time, 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 can, for example, select a different plan or payment method or cancel the order completely. Deep Art AI notifies the business partner of this possibility of change after selecting the desired plan and specifying the selected means of payment of the business partner. Deep Art AI immediately sends the Business Partner an automatic contract confirmation stating the selected plan to the Business Partner’s e-mail address; the contract can also be retrieved from the User Account.
4.2. Within the framework of the 14-day free test plan, the contract is concluded as described in Section 4.1, with the proviso that the Business Partner must click on the corresponding “Test Plan” button.
4.3. In addition, Deep Art AI offers its Business Partners the opportunity to order a plan individually tailored to the Business Partner. If the Business Partner wishes to make use of this option, a contract is concluded by an individual order of the Business Partner based on these GTC and a corresponding order confirmation by Deep Art AI. Orders and order confirmations can also be validly declared by e-mail (as scanned and signed document in PDF format) (together with the legally defined written form, “written form”).
4.4. As soon as a contract has been concluded in accordance with section 4.1, section 4.2 or section 4.3 of these GTC, the API Key, Access Key and Secret Key will be activated for use.
5. Granting of rights
5.1. Deep Art AI grants the Business Partner a non-exclusive, non-transferable, non-sublicensable right, limited in time to the duration of the selected plan, to integrate the DAE Service into its services (e.g. by integration into a web shop) and to provide it (as its own services) to its end customers.
5.2. The license under clause 5.1 is granted subject to the Business Partner offering the Integrated DAE Services on the basis of terms and conditions that do not fall short of the relevant Deep Art AI Terms and Conditions (B2C) in terms of content and scope of protection. These “Deep Art AI General Terms and Conditions (B2C)” are available online at www.deepart.ai
5.3. If Deep Art AI provides the Business Partner with software (“Software”), the following shall apply:
5.3.1. Deep Art AI grants the Business Partner a non-exclusive, time-limited, non-transferable, non-sublicensable, terminable and revocable right to integrate the Software (and available updates) into its print service (e.g. by integration into a web shop) and to use it to provide the DAE Services (as its own services) to its end customers.
5.3.2. The granting of rights refers exclusively to the object code. The business partner has no claim to the transfer and use of the source code. Deep Art AI is not obliged to deposit the source code.
5.3.3. If Deep Art AI provides the Business Partner with patches, updates and/or upgrades, the same terms of use shall apply.
6. Branding
The business partner will provide DAE services for its end customers under its own brand or label. The Business Partner is not entitled to use “Deep Art AI” or any other trademarks belonging to Deep Art AI.
7. Changing the GTC
7.1. Deep Art AI may amend these Terms and Conditions as follows if the proposed amendment is reasonable and not materially disadvantageous to the Business Partner: Deep Art AI shall notify the Business Partner at least six (6) weeks before the amendment is effective. This information will be provided in writing and the information by e-mail will be sufficient. The change shall be deemed approved if the Business Partner does not object by e-mail within four (4) weeks of notification. Deep Art AI will specifically draw the Business Partner’s attention to this consequence upon notification of the change. If the Business Partner objects, Deep Art AI shall be entitled to terminate the contract extraordinarily.
7.2. If a change is not permissible according to clause 7.1, the change requires an agreement between the parties in written form.
8. License Fee and Terms of Payment
8.1. Access to the Interface Services shall be provided in accordance with the terms and conditions of the selected plan, in particular with regard to term and license fee. The Business Partner can view these conditions during the entire ordering process.
8.2. If the Business Partner has ordered a plan individually tailored to the Business Partner, the remuneration shall be based on the provisions laid down in this Agreement.
8.3. The license fee for the term selected in the plan is due immediately and payment is made using the user’s credit card.
8.4. In the event of late payment, Deep Art AI is 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 14-day test plan is provided free of charge.
9. Term and Termination
9.1. The business partner can choose between different plans with different basic terms. The selected basic term of the plan is automatically extended by an extension term of the same length, unless the contract is terminated either by the business partner or by Deep Art AI with a notice period of six weeks to the end of the basic term or the respective extension term (ordinary termination). Notice of termination must be given in writing (e.g. by e-mail or in the software application using the corresponding “Notice” 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 terms and conditions set forth in this Agreement.
9.3. The extraordinary right of termination for good cause remains unaffected for both parties. Deep Art AI may terminate the contract in particular if the Business Partner has not paid a due invoice despite a reminder and the expiration of a further period. In order to be effective, notice of termination must be given in text form (e.g. by e-mail).
9.4. The free test plan expires automatically after 14 days from granting access to the Interface Services.
10. Warranty
10.1. Deep Art AI guarantees that the services to be provided comply with the service descriptions.
10.2. If the Business Partner is of the opinion that Deep Art AI has not performed the Services in accordance with the contract, it shall immediately notify Deep Art AI in writing in a form understandable to Deep Art AI and stating relevant information.
10.3. Notwithstanding Clause 11, Deep Art AI does not assume any liability insofar as 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 specified 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 their legal basis.
11.2. Deep Art AI shall be liable in accordance with the statutory provisions for damages caused intentionally or through gross negligence by Deep Art AI, for injury to life, limb or health and for damages under product liability laws (which do not permit any contractual limitation of liability).
11.3. If Deep Art AI grants access to the Interface Services free of charge, Deep Art AI’ liability is otherwise excluded.
11.4. Otherwise: If Deep Art AI causes damage through the simple negligent violation of cardinal obligations, Deep Art AI shall be liable for the foreseeable damage typical for the contract. Cardinal obligations are obligations, the fulfilment of which is essential for the proper execution of the contract and on the compliance with which the contracting party could regularly rely. Deep Art AI’s liability shall be excluded in the event of a negligent breach of obligations other than cardinal obligations, notwithstanding Clause 11.2.
11.5. The liability and warranty claims expire one year after the beginning of the statutory limitation period. This does not apply to the cases of Clause 11.2, to which the statutory limitation period applies.
12. Exemption
The Business Partner shall indemnify Deep Art AI upon first demand against any legally enforceable claims made by end customers of the Business Partner or other third parties against Deep Art AI on the grounds that the DAE Service has not been properly performed or infringes the rights of third parties. The same applies if the 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 parties.
13. Secrecy
13.1. The parties shall keep all trade and business secrets of the other party strictly confidential; the same shall apply to all other information, documents and data which are marked as confidential or for which the confidentiality arises from the circumstances (“Confidential Information”). This does not apply to information that (a) were already lawfully known to the receiving party without an obligation of confidentiality; or (b) were lawfully developed by the receiving party independently of the disclosing party.
13.2. The parties shall ensure that their employees and commissioned third parties also observe the duties of confidentiality and secrecy.
13.3. The obligation of confidentiality shall apply for the duration of the contract and shall continue to apply for a period of five (5) years after the end of the contract.
14. Privacy Policy
14.1. The parties shall observe the applicable data protection regulations applicable to them and shall oblige their employees employed in connection with the contract and its execution to observe data secrecy, unless they are already under a general obligation to do so.
14.2. As far as necessary in individual cases, the parties will make further data protection agreements.
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 printing service is carried out lawfully (e.g. if necessary, by obtaining legally effective consent from the end customer).
14.4. For information on how Deep Art AI processes personal data in connection with its services, please refer to the Privacy Policy of Deep Art AI under the following link: https://deepart.ai/en/data-privacy-en/
15. Other
15.1. Amendments to the contract including collateral agreements must be made in writing in order to be effective, notwithstanding Clause 7. Verbal collateral agreements are invalid.
15.2. The Business Partner shall not be entitled to set off any claims of Deep Art AI or to assert any rights of retention, unless such claims are undisputed or have been finally determined by a court of law.
15.3. Unless expressly agreed otherwise in writing, the Business Partner may not assign any 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 that comes as close as possible to the economic purpose of the original wording.
15.5. The contract is subject to German law. The exclusive place of jurisdiction shall be the registered office of Deep Art AI in Germany.
1.1. Deep Art AI GmbH (“Deep Art AI”) provides cloud-based services (“DA-Service(s)”) to end customers (“User(s)”).
1.2. Deep Art AI offers its business partners (“Business Partners”) the opportunity to integrate the Deep Art AI technology into their own software or services on the basis of these General Terms and Conditions (“GTC”) and provide it to their end customers.
2. Scope of Application
2.1. These Terms and Conditions apply to the services described herein (“Service(s)”) that Deep Art AI provides to its business partners for integration into their software.
2.2. These terms and conditions apply exclusively to companies. A company in the sense of these GTC is a natural or legal person or a legally competent partnership, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2.3. Deep Art AI provides all services exclusively on the basis of these GTC. Other conditions, in particular general terms and conditions of the business partner, do not apply.
3. Subject of Service
3.1. Deep Art AI will provide the Business Partner with information regarding the connection of the DAE Services to their software or services (“Interface Service (s)”). The interfacing itself is not part of the interface service, but must be set up by the business partner. In addition, the Business Partner receives technical support in accordance with the relevant service descriptions.
3.2. Further descriptions of the Interface Services are described on the Deep Art AI website. In case of contradictions between the service descriptions and the GTC, the GTC take precedence.
3.3. Deep Art AI grants its business partners access to the Interface Services as part of a 14-day free test plan.
4. Ordering Process and Contract Conclusion
4.1. The Business Partner must first complete the registration process on the Deep Art AI website and set up a user account. The Business Partner will be asked to provide their email address, a user ID (which may also be the Business Partner’s email address) and a password. The Business Partner may use the User ID and Password to log into and manage the Business Partner’s User Account at any time. Only the business partner may use the user account. When registering, the business partner selects the desired basic term via access to the interface service (“Plan”). By clicking on the button “Order Payable” which then appears, and by electronically declaring his consent to these GTC, the Business Partner submits his binding offer to conclude the contract. Deep Art AI accepts this offer at the same time, 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 can, for example, select a different plan or payment method or cancel the order completely. Deep Art AI notifies the business partner of this possibility of change after selecting the desired plan and specifying the selected means of payment of the business partner. Deep Art AI immediately sends the Business Partner an automatic contract confirmation stating the selected plan to the Business Partner’s e-mail address; the contract can also be retrieved from the User Account.
4.2. Within the framework of the 14-day free test plan, the contract is concluded as described in Section 4.1, with the proviso that the Business Partner must click on the corresponding “Test Plan” button.
4.3. In addition, Deep Art AI offers its Business Partners the opportunity to order a plan individually tailored to the Business Partner. If the Business Partner wishes to make use of this option, a contract is concluded by an individual order of the Business Partner based on these GTC and a corresponding order confirmation by Deep Art AI. Orders and order confirmations can also be validly declared by e-mail (as scanned and signed document in PDF format) (together with the legally defined written form, “written form”).
4.4. As soon as a contract has been concluded in accordance with section 4.1, section 4.2 or section 4.3 of these GTC, the API Key, Access Key and Secret Key will be activated for use.
5. Granting of rights
5.1. Deep Art AI grants the Business Partner a non-exclusive, non-transferable, non-sublicensable right, limited in time to the duration of the selected plan, to integrate the DAE Service into its services (e.g. by integration into a web shop) and to provide it (as its own services) to its end customers.
5.2. The license under clause 5.1 is granted subject to the Business Partner offering the Integrated DAE Services on the basis of terms and conditions that do not fall short of the relevant Deep Art AI Terms and Conditions (B2C) in terms of content and scope of protection. These “Deep Art AI General Terms and Conditions (B2C)” are available online at www.deepart.ai
5.3. If Deep Art AI provides the Business Partner with software (“Software”), the following shall apply:
5.3.1. Deep Art AI grants the Business Partner a non-exclusive, time-limited, non-transferable, non-sublicensable, terminable and revocable right to integrate the Software (and available updates) into its print service (e.g. by integration into a web shop) and to use it to provide the DAE Services (as its own services) to its end customers.
5.3.2. The granting of rights refers exclusively to the object code. The business partner has no claim to the transfer and use of the source code. Deep Art AI is not obliged to deposit the source code.
5.3.3. If Deep Art AI provides the Business Partner with patches, updates and/or upgrades, the same terms of use shall apply.
6. Branding
The business partner will provide DAE services for its end customers under its own brand or label. The Business Partner is not entitled to use “Deep Art AI” or any other trademarks belonging to Deep Art AI.
7. Changing the GTC
7.1. Deep Art AI may amend these Terms and Conditions as follows if the proposed amendment is reasonable and not materially disadvantageous to the Business Partner: Deep Art AI shall notify the Business Partner at least six (6) weeks before the amendment is effective. This information will be provided in writing and the information by e-mail will be sufficient. The change shall be deemed approved if the Business Partner does not object by e-mail within four (4) weeks of notification. Deep Art AI will specifically draw the Business Partner’s attention to this consequence upon notification of the change. If the Business Partner objects, Deep Art AI shall be entitled to terminate the contract extraordinarily.
7.2. If a change is not permissible according to clause 7.1, the change requires an agreement between the parties in written form.
8. License Fee and Terms of Payment
8.1. Access to the Interface Services shall be provided in accordance with the terms and conditions of the selected plan, in particular with regard to term and license fee. The Business Partner can view these conditions during the entire ordering process.
8.2. If the Business Partner has ordered a plan individually tailored to the Business Partner, the remuneration shall be based on the provisions laid down in this Agreement.
8.3. The license fee for the term selected in the plan is due immediately and payment is made using the user’s credit card.
8.4. In the event of late payment, Deep Art AI is 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 14-day test plan is provided free of charge.
9. Term and Termination
9.1. The business partner can choose between different plans with different basic terms. The selected basic term of the plan is automatically extended by an extension term of the same length, unless the contract is terminated either by the business partner or by Deep Art AI with a notice period of six weeks to the end of the basic term or the respective extension term (ordinary termination). Notice of termination must be given in writing (e.g. by e-mail or in the software application using the corresponding “Notice” 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 terms and conditions set forth in this Agreement.
9.3. The extraordinary right of termination for good cause remains unaffected for both parties. Deep Art AI may terminate the contract in particular if the Business Partner has not paid a due invoice despite a reminder and the expiration of a further period. In order to be effective, notice of termination must be given in text form (e.g. by e-mail).
9.4. The free test plan expires automatically after 14 days from granting access to the Interface Services.
10. Warranty
10.1. Deep Art AI guarantees that the services to be provided comply with the service descriptions.
10.2. If the Business Partner is of the opinion that Deep Art AI has not performed the Services in accordance with the contract, it shall immediately notify Deep Art AI in writing in a form understandable to Deep Art AI and stating relevant information.
10.3. Notwithstanding Clause 11, Deep Art AI does not assume any liability insofar as 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 specified 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 their legal basis.
11.2. Deep Art AI shall be liable in accordance with the statutory provisions for damages caused intentionally or through gross negligence by Deep Art AI, for injury to life, limb or health and for damages under product liability laws (which do not permit any contractual limitation of liability).
11.3. If Deep Art AI grants access to the Interface Services free of charge, Deep Art AI’ liability is otherwise excluded.
11.4. Otherwise: If Deep Art AI causes damage through the simple negligent violation of cardinal obligations, Deep Art AI shall be liable for the foreseeable damage typical for the contract. Cardinal obligations are obligations, the fulfilment of which is essential for the proper execution of the contract and on the compliance with which the contracting party could regularly rely. Deep Art AI’s liability shall be excluded in the event of a negligent breach of obligations other than cardinal obligations, notwithstanding Clause 11.2.
11.5. The liability and warranty claims expire one year after the beginning of the statutory limitation period. This does not apply to the cases of Clause 11.2, to which the statutory limitation period applies.
12. Exemption
The Business Partner shall indemnify Deep Art AI upon first demand against any legally enforceable claims made by end customers of the Business Partner or other third parties against Deep Art AI on the grounds that the DAE Service has not been properly performed or infringes the rights of third parties. The same applies if the 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 parties.
13. Secrecy
13.1. The parties shall keep all trade and business secrets of the other party strictly confidential; the same shall apply to all other information, documents and data which are marked as confidential or for which the confidentiality arises from the circumstances (“Confidential Information”). This does not apply to information that (a) were already lawfully known to the receiving party without an obligation of confidentiality; or (b) were lawfully developed by the receiving party independently of the disclosing party.
13.2. The parties shall ensure that their employees and commissioned third parties also observe the duties of confidentiality and secrecy.
13.3. The obligation of confidentiality shall apply for the duration of the contract and shall continue to apply for a period of five (5) years after the end of the contract.
14. Privacy Policy
14.1. The parties shall observe the applicable data protection regulations applicable to them and shall oblige their employees employed in connection with the contract and its execution to observe data secrecy, unless they are already under a general obligation to do so.
14.2. As far as necessary in individual cases, the parties will make further data protection agreements.
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 printing service is carried out lawfully (e.g. if necessary, by obtaining legally effective consent from the end customer).
14.4. For information on how Deep Art AI processes personal data in connection with its services, please refer to the Privacy Policy of Deep Art AI under the following link: https://deepart.ai/en/data-privacy-en/
15. Other
15.1. Amendments to the contract including collateral agreements must be made in writing in order to be effective, notwithstanding Clause 7. Verbal collateral agreements are invalid.
15.2. The Business Partner shall not be entitled to set off any claims of Deep Art AI or to assert any rights of retention, unless such claims are undisputed or have been finally determined by a court of law.
15.3. Unless expressly agreed otherwise in writing, the Business Partner may not assign any 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 that comes as close as possible to the economic purpose of the original wording.
15.5. The contract is subject to German law. The exclusive place of jurisdiction shall be the registered office of Deep Art AI in Germany.
