Terms of Service

Last updated: May 2025

§ 1 Scope

These Terms of Service (hereinafter "Terms") govern the use of the web-based service Kitchen Images (hereinafter "Service") by Sebastian Martens (hereinafter "Provider"). By registering for the Service, the user accepts these Terms in their currently applicable version.

Deviating, conflicting, or supplementary terms and conditions of the user shall not become part of the contract unless the Provider expressly agrees to their application.

§ 2 Provider

Sebastian Martens
Jürgen-Töpfer-Strasse 8
22763 Hamburg
Germany
kontakt@kuechenvisualisierung.de

§ 3 Service description

Kitchen Images is a web-based SaaS (Software as a Service) for AI-assisted optimisation of kitchen images. Users can upload images and have them processed using configurable scenarios powered by an AI model. AI processing is performed via the Google Gemini API.

The Service is available in different account tiers (free basic plan and paid plans). The available features depend on the selected plan. No guarantee is given regarding a specific scope of features or the quality of AI-generated results.

§ 4 Registration and user account

Requirements

Use of the Service requires registration. The user must be of legal age and may only create one account per person. Name, a valid email address, and a password are required during registration.

User obligations

The user is obliged to provide truthful information during registration and to keep it up to date. Passwords must be kept confidential. In the event of suspected unauthorised access, the Provider must be notified immediately at kontakt@kuechenvisualisierung.de.

The Provider reserves the right to decline registrations without giving reasons or to suspend or delete accounts in the event of violations of these Terms.

§ 5 Usage rights

The Provider grants the user a simple, non-transferable right to use the Service for their own purposes for the duration of the contractual relationship.

  • Uploaded images: The user retains all rights to images they upload. By uploading, the user grants the Provider the rights required for technical processing.
  • Optimised results: The user may use the result images generated by the Service for their own commercial and private purposes.
  • Platform and software: All rights to the platform, source code, and technologies used remain with the Provider or its licensors.

§ 6 User obligations

The user agrees not to use the Service for the following purposes:

  • Uploading content that violates applicable law (e.g. illegal, pornographic, or violence-glorifying content)
  • Infringing copyright, trademark, or other third-party rights
  • Automated mass access without the Provider's express permission
  • Circumventing security mechanisms or access restrictions
  • Sharing login credentials with third parties
  • Distributing malware or harmful scripts

In the event of violations, the Provider is entitled to block the user's access without notice and to assert claims for damages.

§ 7 Prices and payment

The Service offers a free basic plan and paid plans with an extended feature set. Current prices are displayed on the website.

Payment processing for paid plans is handled by Creem (creem.io), which acts as Merchant of Record and is responsible for collecting and remitting applicable taxes. The Provider itself does not charge VAT pursuant to § 19 UStG (German small business regulation).

Paid subscriptions renew automatically for the booked period unless cancelled in time before expiry. Cancellation is possible at any time effective at the end of the current billing period.

§ 8 Right of withdrawal

Consumers generally have a 14-day right of withdrawal. The right of withdrawal expires early for digital content and services if the user expressly agrees that performance begins before the expiry of the withdrawal period and acknowledges that their right of withdrawal is thereby lost.

Withdrawal requests should be sent to: kontakt@kuechenvisualisierung.de

§ 9 Service availability

The Provider endeavours to keep the Service as available as possible but does not guarantee uninterrupted accessibility. Maintenance work may cause temporary disruptions. The Provider is not liable for outages caused by circumstances outside its control (force majeure, failures at the hosting provider, outages of the Google Gemini API).

§ 10 Limitation of liability

The Provider's liability is unlimited only for intent and gross negligence, and for damages arising from injury to life, body, or health.

Otherwise, the Provider's liability is limited to the foreseeable, typical contractual damage at the time of conclusion of the contract. The Provider assumes no liability for:

  • The quality or suitability of AI-generated results for specific purposes
  • Data loss caused by force majeure or external service providers
  • Failures or errors of third-party services (in particular Google Gemini API, Creem)
  • Damages caused by unauthorised use of the account by third parties where the user is at fault

§ 11 Term and termination

The user agreement is concluded for an indefinite period. Users on the free plan may terminate their account at any time by deleting it within the account settings. For paid plans, cancellation takes effect at the end of the current billing period; no pro-rata refund of amounts already paid will be made.

The Provider is entitled to discontinue the Service with 30 days' notice or to suspend or delete a user account without notice in the event of serious violations of these Terms. Upon account deletion, all stored data will be removed in accordance with the Privacy Policy.

§ 12 Changes to these Terms

The Provider reserves the right to amend these Terms with effect for the future. Changes will be communicated to the user by email at least 4 weeks before they take effect. If the user does not object within this period, the new Terms shall be deemed accepted. The change notification will explicitly draw attention to this consequence.

§ 13 Final provisions

The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For disputes with users who are merchants, legal entities under public law, or public-law special funds, Hamburg is the exclusive place of jurisdiction.

The European Commission provides an online dispute resolution (ODR) platform: https://ec.europa.eu/consumers/odr. The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the applicable statutory rule.