Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of ProdVue ("Service"), operated by AC Beauty to Customer UG (haftungsbeschränkt), operating as ProdVue ("we", "us", or "our"), a company registered at Dovestraße 11, 10587 Berlin, Germany. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use the Service.

2. Service Description

ProdVue is an AI-assisted ecommerce product image generator. The Service allows you to upload product photos and generate marketplace-ready product images, including clean main images, lifestyle shots, infographics, detail close-ups, and ad creatives. Image generation is powered by third-party artificial intelligence models. Results may vary in quality, style, and accuracy. We continually improve the Service and reserve the right to update or change the underlying AI models, which may affect output characteristics.

3. Eligibility and Account Registration

You must be at least 16 years of age to use the Service. By creating an account, you represent that you meet this age requirement and that all information you provide is accurate and complete.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized access or use of your account.

4. Payments and Polar

4.1 Merchant of Record

We use Polar (polar.sh), our merchant of record. Polar processes your payment, issues invoices and receipts, and determines, collects, and remits applicable sales tax, VAT, or GST on our behalf. We do not store your full payment card details. Your purchase is also governed by Polar's Buyer Terms.

4.2 Credit Packs

The Service operates on a credit-based system. You purchase credit packs, and each credit entitles you to generate one image. Credits are non-expiring and remain in your account until used. All prices are displayed in the currency indicated at checkout and include or exclude applicable taxes as stated. We reserve the right to change pricing with at least 30 days' notice. Previously purchased credits are not affected by price changes.

5. Refunds

We offer a 30-day money-back guarantee on all credit pack purchases. If you are unsatisfied with the Service, you may request a full refund within 30 days of your purchase. For full details, see our Refund Policy.

If you are a consumer in the European Union or the United Kingdom, you have a statutory 14-day right of withdrawal for digital content purchases. By purchasing credits and accessing the Service, you consent to the immediate provision of digital content and acknowledge that you waive your right of withdrawal once you begin using the Service (e.g., generating images).

6. Intellectual Property

6.1 Your Content

You retain all rights to the product photos you upload to the Service. You grant us a limited, non-exclusive license to process your uploads solely for the purpose of providing the Service to you. We do not use your uploaded images to train AI models.

6.2 Generated Images

You own the images generated by the Service based on your uploads. You may use generated images for any lawful commercial or personal purpose, including ecommerce listings, advertisements, and marketing materials. We do not claim any ownership rights over your generated images.

Please note that AI-generated images may not qualify for copyright protection in all jurisdictions under current law. We do not guarantee that generated images will not inadvertently resemble existing works or third-party intellectual property. You are solely responsible for verifying that your use of generated images complies with applicable laws and does not infringe on the rights of others.

6.3 Our Intellectual Property

The Service, including its design, code, AI pipelines, and branding, is and remains the intellectual property of ProdVue. Nothing in these Terms grants you any right to use our trademarks, logos, or other brand features.

7. AI Training and Data Use

We do not use your uploaded product photos or generated images to train, fine-tune, or improve AI models. Your images are processed solely to provide the Service to you. Uploaded images are sent to third-party AI providers exclusively for the purpose of generating your requested images and are not retained by those providers for training purposes.

8. Acceptable Use

You may not use the Service to:

• Generate, distribute, or promote illegal, harmful, or offensive content.
• Create images that infringe on third-party intellectual property rights, including trademarks, copyrights, or trade dress.
• Produce deceptive product imagery that misrepresents the actual product being sold.
• Use generated images to train, fine-tune, or develop other AI or machine learning models without our prior written consent.
• Use automated tools, bots, or scrapers to access the Service beyond normal usage patterns.
• Attempt to reverse engineer, decompile, or otherwise extract the source code of the Service or its AI models.
• Overload, disrupt, or interfere with the Service or its infrastructure.
• Resell, sublicense, or redistribute access to the Service without our written permission.

We reserve the right to suspend or terminate accounts that violate these acceptable use policies without notice.

9. Disclaimers and Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We do not guarantee that generated images will meet specific marketplace requirements, quality standards, compliance rules, or that they will be free from errors or interruptions.
• We do not guarantee that AI-generated images are free from resemblance to third-party intellectual property. You assume full responsibility for verifying the suitability and legality of generated images for your intended use.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
• Our total aggregate liability shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or one hundred euros (€100) for free accounts.

10. Indemnification

You agree to indemnify, defend, and hold harmless ProdVue, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to: (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any applicable law or the rights of a third party, or (d) your uploaded content or use of generated images.

11. Termination

We may suspend or terminate your access to the Service at any time if you breach these Terms or engage in conduct that we determine, in our sole discretion, is harmful to the Service, other users, or third parties.

Upon termination, your right to use the Service ceases immediately. We may, but are not obligated to, provide you with a copy of your data upon request within 30 days of termination. Previously generated images that have been downloaded remain yours.

12. Dispute Resolution

In the event of a dispute arising from or relating to these Terms:

• Both parties agree to first attempt to resolve the dispute informally by contacting reiswich.alexander@gmail.com.
• If the dispute cannot be resolved informally within thirty (30) days, it shall be submitted to the competent courts of Berlin, Germany.
• These Terms are governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions.
• If you are a consumer in the EU, you retain the right to bring proceedings in the courts of your country of residence. Nothing in these Terms affects your statutory consumer rights under applicable law.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. For changes that materially affect your rights, we will provide at least 30 days' notice via email or in-app notification. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

14. Contact

If you have any questions about these Terms, please contact us at reiswich.alexander@gmail.com or by phone at +49 176 45760626.