AGB

General Terms and Conditions For Digital Content

These General Terms and Conditions ("GTC") apply to all contracts between Alexander Nemirov - hereinafter referred to as Profilbildpro - and the purchaser or ordering party - hereinafter referred to as the customer - regarding digital content (in particular online services and downloads), hereinafter referred to as "digital content". This does not include digital services that are only provided during the service call-off, i.e. digital activities and the use of apps for mobile devices.

In the interest of readability, gender-related formulations have been omitted from these GTC. Of course, women and men are always meant, even if only one of the genders is explicitly addressed.

1. conclusion of contract

Unless otherwise provided below, the following shall apply:

Offers from Profilbildpro on the Internet do not constitute a binding offer to conclude a contract, but only a non-binding invitation to the customer to submit an offer to conclude a contract.

By clicking the button "Order subject to payment" or by placing an order by e-mail, telephone, fax or other means of communication, the customer makes a binding offer to conclude a contract for the services contained in the shopping cart or the order. Even a confirmation of receipt of the order by e-mail does not constitute acceptance of the offer.

The contract is only concluded when Profilbildpro accepts the customer's offer by means of a separate declaration of acceptance or, at the latest, when the respective service is provided.

2. prices

All prices are end user prices in Euro incl. the respectively valid value added tax.

3. maturity and payment

Invoices shall, in case of doubt, be due for payment without deduction at the time of their receipt.

In the event that the CustomerE pays by direct debit, the period for pre-notification shall be reduced to three business days prior to the due date of the respective invoice amount. A separate pre-notification shall not be made if such is already evident from other documents provided (e.g. invoice). The customer warrants to ensure that the account is covered.

If the customer defaults on payment, Profilbildpro is entitled to demand processing costs and default interest at the statutory rate.

If payment is made by credit card, a credit check is always carried out on the customer in advance. The credit card account will be charged upon completion of the order. In case of prepayment, the customer will receive a pro forma invoice. A delivery of the application pictures takes place 24 hours after receipt of payment.

4. provisions For online services

Online services include all digital content that can be accessed and used online, i.e. by loading it into the computer's RAM, for a limited period of time for the duration of the usage agreement by means of access data, regardless of the type and scope of the end device (e.g. computer, mobile app, tablet, etc.). This includes, in particular, audio and video streaming, access to online databases, etc.

5. access data, technical requirements

The subscription of online services requires that the customer first concludes a user agreement via the website profilbild.de ("Website") and opens a user account. The customer himself creates individual access data (user name and password) by means of which he can log in by remote data transmission. These access data authorize him to use the online services within the scope of his user contract.

The customer must create the individual technical requirements for access to the online services and their use, including in the event of further development of the software platform or other technical system components by Profilbildpro, in particular to provide the necessary hardware and operating system software, Internet connection and up-to-date browser software; Profilbildpro will provide the customer with information about the browser to be used in each case on request.

6. rights of use

6.1 The User shall receive the non-exclusive, non-transferable right to use the application images generated by the AI for personal use in connection with the application.

6.2 Any use of the application images for commercial purposes, in particular the marketing or sale of the images, is expressly prohibited.

6.3 All rights of use to the application images lie exclusively with the user. The AI-Platform has no rights of use to the generated application images and will not use them for its own purposes.

7. secrecy and misuse of access data

Unauthorized use by third parties is prohibited and must be prevented by the customer - as far as possible. In particular, the customer must keep all access data secret.

The customer is liable for any misuse for which they are responsible. In the event of misuse or if there are indications that the functionality or security of the online services is impaired by the technologies used by the customer or that the possibilities of Profilbildpro are restricted, Profilbildpro has the right to block access to the online service in order to check the customer's access authorization and the permissibility of the type and scope of use and to prevent fraudulent use. Profilbildpro will contact the customer before blocking and inform him of the facts and an intended blocking and give him the opportunity to remedy the situation within a reasonable period of time; this does not apply in the event of imminent danger.

If the customer becomes aware of any misuse of the access data or the IP check, he is obliged to inform Profilbildpro immediately.

8. scope of services, periods of unavailability

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is responsible for connecting its servers to the Internet and ensures availability seven days a week for 24 hours at a time, e.g. through suitable contracts with its provider, with appropriate response times. Profilbildpro strives for an annual average of 98.5% availability of its online services.

When determining downtime, periods of unavailability are not recorded

- as a result of the lack of technical requirements to be provided by the customer for access and use of the online service,

- as a result of faults in the data transmission network or defects for which the data transmission company is responsible,

- due to force majeure, in particular power failures or disruptions of the telecommunications networks,

- due to routine or necessary maintenance or updating measures between 10:00 pm and 6:00 am. Extraordinary maintenance times between 6:00 a.m. and 10:00 p.m. are not considered downtime, provided they do not exceed a maximum of three hours per month.

9. right of withdrawal

The right of revocation and return for distance selling contracts according to § 312 g para. 1 BGB is excluded according to § 312 g para. 2 no. 1 BGB if the goods are manufactured according to the customer's specifications and are tailored to his personal needs. For this reason, all photo products manufactured by Profilbildpro are excluded from the right of return.

9.1 Expiration of the right of revocation

The right of revocation for consumer contracts for digital content expires in accordance with Section 356 (5) BGB if the customer agrees that Profilbildpro begins with the execution of the contract before the end of the revocation period and if the customer has confirmed his knowledge that he loses his right of revocation by his consent with the beginning of the execution of the contract.

10. set-off, retention

The customer is only entitled to a right of set-off or retention if its counterclaims have been legally established or recognized in writing by Profilbildpro and if the opposing claims are not mutual performances.

The aforementioned exclusion of the right of retention shall not apply if the customer is a consumer pursuant to § 13 BGB.

11. liability

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has unlimited liability

in the event of intent or gross negligence, for injury to life, limb or health, in accordance with the provisions of the Product Liability Act and to the extent of a guarantee assumed by the contractor. In the event of a simple negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), Profilbildpro's liability is limited to the amount of damage that is foreseeable and typical for the type of transaction in question.

Profilbildpro accepts no further liability.

12. final provisions

Subsidiary agreements, amendments or supplements must be made in text form to be effective. This also applies to the cancellation of the text form.

RProfilbildpro does not recognize any conflicting terms and conditions of the customer.

German substantive law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

The place of performance is the registered office of Profilbildpro. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all claims in connection with the business relationship is the registered office of Profilbildpro. Profilbildpro is also entitled to sue at the customer's general place of jurisdiction.

If the customer moves his domicile or usual place of residence outside the Federal Republic of Germany after conclusion of the contract, the place of jurisdiction for all disputes arising from this agreement is the registered office of Profilbildpro. The same applies if the customer is domiciled or habitually resident abroad.

The wording of the contract and these provisions in German shall prevail.

Deviating or supplementary terms and conditions of the customer shall not become part of the contract unless Profilbildpro has expressly agreed to their validity.

The EU Commission provides an Internet platform for the online settlement of disputes ("ODR platform") at https://ec.europa.eu/consumers/odr/. This platform serves as a contact point for the out-of-court settlement of such disputes arising from online purchase contracts. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

GTC for Digital Content, as of 12.05.2023