Terms and Conditions

§ 1 Provider and Scope

The provider of this service is Contaxx GmbH, An de Dreew 19, 47839 Krefeld, Germany (hereinafter "Provider"). These Terms govern the use of the service for creating AI-generated profile pictures.

§ 2 Service Description

The Provider operates a web application allowing users to create AI-generated profile pictures based on a photo they upload and a predefined setting (platform and scenario). AI generation is performed using an image model of the Google Gemini family (the specific model is chosen by the Provider and may be updated to current model versions without prior notice).

The Provider owes the technical provision of generation, but not a specific result. AI-generated images can vary in quality and may not meet user expectations.

Before each generation, the Provider performs an automated AI-assisted quality check of the uploaded source photo. The check covers in particular framing, lighting, background and sharpness. The result is displayed to the user as a traffic light (green / yellow / red) together with specific issue hints.

Source photos with status "red" are not released for generation by the system. Source photos with status "yellow" can only be used for generation if the user explicitly confirms the reclamation waiver as defined in § 7c.

§ 3 Prices and Payment

The prices listed on the pricing page apply:

• Single image: €1.99 (1 credit = 1 image)
• All Platforms: €5.99 for 6 images
• Power bundle: €19.99 for 30 images
• Pro bundle: €49.99 for 100 images

All prices include statutory VAT. Payment is processed via Stripe (card, Apple Pay, Google Pay, PayPal). Upon completion of the payment process, the purchased credits are immediately credited to the user's account.

Credits do not expire, but are non-transferable and cannot be paid out as cash.

§ 4 Right of Withdrawal / Expiration of Withdrawal

Purchasing credit bundles constitutes delivery of digital content (§ 312f (3) German Civil Code). By using the first credit (triggering an image generation), the user expressly consents to the immediate start of contract fulfillment and acknowledges that this terminates their right of withdrawal.

Until the first credit is used, a 14-day right of withdrawal applies (withdrawal by email to support@aiprofilestudio.de).

§ 5 Usage Rights of Generated Images

The user receives a simple, non-exclusive, time- and location-unrestricted right of use for the images they generate, for private and commercial use, including use as profile pictures on social media platforms.

The prerequisite is that the user holds the necessary rights to the uploaded source photo (see § 6).

§ 6 User Obligations

The user warrants that they:

• hold all required copyright and image rights to the uploaded photo
• have the consent of the depicted person (usually themselves)
• do not upload photos of minors
• do not upload photos showing others without their express consent
• do not use generated images to deceive about the identity of others (in particular no fake profiles using third parties' faces)
• do not generate images that are illegal, immoral, glorify violence, or are pornographic or offensive
• do not upload photos of public figures (actors, musicians, politicians, athletes, influencers, royals or other persons in the public eye), unless it is your own face

The Provider reserves the right to suspend accounts without notice and to file charges if necessary. The Provider does not perform any automated technical pre-screening for public figures or third-party identities — responsibility for this rests solely with the user. The user bears any damages from personality-right violations, trademark or copyright infringement, or use of third-party faces; the Provider is released from any liability in this regard and may demand indemnification from the user for third-party claims.

§ 7 Availability, Liability and Reclamation Waiver

The Provider strives for the highest possible availability but does not owe uninterrupted availability. Maintenance work and short outages are possible.

The Provider is liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health. For slight negligence, the Provider is only liable for the breach of material contractual obligations (cardinal obligations), limited to the foreseeable damage typical for the contract.

If a source photo has the status "yellow" in the quality check (§ 2c) and the user actively confirms the reclamation waiver ("Confirm reclamation waiver"), the user explicitly waives any later reclamation, refund or rework on the grounds of insufficient image quality that is causally attributable to detected flaws of the source photo (in particular: unfavourable framing, poor lighting, busy background, lack of sharpness). This does not affect the user's rights under mandatory statutory warranty or liability provisions, nor in case of technically failed generations that are unrelated to the source photo.

§ 8 Indemnification

The user shall indemnify the Provider, its legal representatives, employees and vicarious agents against all third-party claims — including claims for damages, injunctive relief, information and removal, as well as related legal defense costs in evidenced reasonable amount — asserted against the Provider on the basis of the user's use of the service, to the extent the user has culpably breached the obligations under § 6. This includes in particular infringements of copyright, personality rights (right to one's own image), trademark rights or the right to informational self-determination of third parties. The Provider will promptly inform the user of any such claim and give them the opportunity to comment.

§ 9 Technical Security and Fair Use

The user undertakes not to use the service via automated scripts, scrapers, bot frameworks or comparable tools unless expressly permitted by the Provider. Reverse engineering, disassembly or decompilation of any part of the software is prohibited, except where exceptionally permitted by mandatory statutory provisions.

To protect its infrastructure, the Provider may introduce rate limits or other technical safeguards. Such limits will be communicated in the user's account or by email.

Creating multiple accounts by the same person to circumvent limits, new-customer bonuses or voucher benefits is prohibited and will result in suspension of all affected accounts; already granted bonuses may be reclaimed.

§ 10 Account Inactivity and Suspension

Accounts that have been neither used nor hold a positive credit balance for more than 24 months may be deleted by the Provider after prior notice by email (at least 30 days lead time). This measure serves data minimisation pursuant to Art. 5(1)(e) GDPR.

Upon voluntary account deletion by the user, any remaining credits are forfeited without entitlement to refund; the user will be specifically informed of this prior to deletion. This is without prejudice to the right of withdrawal under § 4, insofar as it has not yet expired.

In the event of a culpable breach of these Terms by the user, the Provider may suspend the account without prior notice. Credits already paid will not be refunded in such a case.

§ 11 Notice and Takedown

Anyone who believes that an image created or stored via this service infringes their rights (e.g. personality rights, copyright, trademark rights) may contact support@aiprofilestudio.de. The notice should identify the contested image, the rights holder and the nature of the alleged infringement. The Provider will examine the notice within a reasonable period and, if sufficient grounds exist, will remove the image from its systems or block access, without acknowledging the infringement thereby. The substantive legal question between the notifying party and the user remains unaffected.

§ 12 Amendments to These Terms

The Provider is entitled to amend these Terms and its Privacy Policy insofar as this is necessary for legal, technical or market-related reasons and the user is not unfairly disadvantaged.

Amendments will be presented to the user at their next login via a banner for explicit confirmation. Without confirmation, the user cannot continue using the service — already purchased credits remain available and, in the case of material amendments unfavourable to the user, may be reclaimed on a pro-rata basis.

Material amendments that significantly affect the contractual purpose or scope of services will be announced by the Provider at least 4 weeks in advance.

§ 13 Consumer Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR platform) at https://ec.europa.eu/consumers/odr/.

The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board under the German Consumer Dispute Resolution Act (VSBG).

§ 14 Trademark Notice

Tinder®, Bumble®, Hinge®, LinkedIn®, Instagram®, Facebook®, X/Twitter®, WhatsApp® and Facebook Messenger® are registered trademarks of their respective owners. The Provider is neither affiliated with nor sponsored or endorsed by these companies. Platform names are used solely in a descriptive sense to inform the user about the image format appropriate for the respective platform.

§ 15 Final Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of their country of habitual residence is not withdrawn. Should individual provisions of these Terms be invalid, the validity of the remaining provisions remains unaffected.