Terms of Service

Preamble

These terms of service ("terms") constitute a binding legal agreement between the user ("user" or "you") and Stefan Scholz, acting as a sole proprietor / self-employed individual ("service provider," "we," or "us"). By accessing or using the platform, you accept these terms.

1. Scope of Service

The service provides a platform for the detection of various concepts within images and videos uploaded by guests and users. It is offered under plans for individual use and under enterprise plans for organizations and larger teams. Each plan's description states which of the two it is intended for.

2. Intellectual Property Rights

2.1 User Media and License

You retain all ownership rights to the images and videos you upload ("media data"). However, by uploading media data, you grant us a worldwide, non-exclusive, royalty-free, and transferrable license to host, store, copy, and modify the media data solely for the purpose of providing the Service (e.g., resizing for analysis, running detection models).

2.2 Platform Intellectual Property

The service, including but not limited to its source code, AI models, algorithms, database structures, design, and logos, is the exclusive property of the service provider. These terms do not grant you any right, title, or interest in the service or our trademarks. You are granted a limited, non-exclusive, non-transferable license to access and use the service in accordance with these terms.

The Guard browser extension client is made available as open-source software under the GNU Affero General Public License v3.0 (AGPL-3.0) and may be used in accordance with that license. This open-source license applies only to the extension client itself; the backend service, the hosted AI models, our APIs, and our trademarks remain the exclusive property of the service provider and are not licensed to you under AGPL-3.0 or under these terms beyond the limited right of use granted herein.

3. Media Handling and Data Retention

To perform the detection services, guests and users must upload image or video media ("Media Data").

Media data may be submitted through the website or through the extension's verification function; the handling and retention described below apply regardless of how it is submitted.

1. Media data is stored temporarily to process the detection request.
2. All media data is automatically deleted from our servers 24 hours (1 day) after upload.
3. Media data may be retained longer than 24 hours only if:
   1. The user explicitly provides feedback on the results.
   2. A separate agreement stipulates a different retention period.

4. Accuracy, High-Risk Use, and Warranties

The results provided by the service (whether obtained through the website or the extension) are generated by probabilistic artificial intelligence models. These results are intended to be understood solely as an indication. We make no warranties, express or implied, regarding the correctness, completeness, or reliability of the results.

The service is not intended for use in hazardous environments or high-risk situations where a failure or error in detection could lead to death, personal injury, or severe physical or environmental damage (e.g., medical diagnosis, law enforcement identification, or operating heavy machinery).

While our blog posts or marketing materials may demonstrate high accuracy levels, we do not guarantee that the service will achieve the same level of accuracy on the user's specific media data.

Customers on an enterprise plan may arrange for evaluations on custom data samples to assess accuracy for their specific use cases.

If you are a consumer, your statutory rights in respect of digital products under §§ 327 et seq. of the German Civil Code (BGB) remain unaffected by this section.

5. Prices, Payments and Token Purchases

5.1 Subscriptions

Paid plans are subscriptions charged on a monthly or yearly basis. Payments are processed via Stripe. All fees are due and payable in advance of the month or year for which the subscription is valid. If a payment cannot be successfully processed, the user's subscription and plan will be immediately paused. The user will lose access to the permissions and features associated with that plan until payment is resolved.

We may adjust the prices of our paid plans for future billing periods. We will notify you by email at least six weeks before a new price is due to take effect, stating the current price, the new price, the date it would first be charged, and what happens if you do not accept it.

A new price applies only if you accept it. Continued use of the service does not count as acceptance. If you do not accept, you do not need to do anything: your subscription is not renewed at the new price and ends when the current billing period expires. You may also terminate earlier at any time before that date. A price already paid for a running billing period is never changed afterwards.

5.2 Prices and Taxes

All prices are total prices in the currency selected on your account (EUR, USD, or CHF). As a small business within the meaning of § 19 (1) of the German VAT Act (UStG), we do not charge value added tax, and no VAT is shown on our invoices. If you provide a VAT or company number, we record it on your invoice; it does not change the amount charged.

5.3 Token Bundles

In addition to the monthly allowance included in your plan, you may purchase token bundles as a one-off prepayment, provided your plan permits it. The display of a bundle is not a binding offer. The contract is concluded when you place the order and we confirm it by email.

Payment is due immediately. Once the payment has been processed, the tokens are credited to your account without delay and the bundle is fully performed.

5.4 Tokens, Validity, and Forfeiture

Tokens are a unit of account for using the service. They have no cash value, cannot be paid out or exchanged for money, and are tied to the account they were credited to; they cannot be transferred to another account.

1. Tokens included in your plan are granted for one billing cycle and are not carried over.
2. Purchased tokens are valid for ten years from the date of purchase. They are drawn on only after your plan allowance and any promotional tokens are exhausted.
3. Promotional tokens granted free of charge, for example as a reward for annotation work, may be reduced or withdrawn by us at any time before they are used, and are never paid out.
4. If we terminate your account for cause under section 7, or if you delete your account, remaining tokens lapse without compensation. Your statutory claims remain unaffected.

Beyond the statutory rights described in section 5.5 and mandatory warranty rights, purchased tokens are not refundable.

5.5 Right of Withdrawal for Consumers

If you are a consumer resident in the European Union, you may withdraw from this contract within fourteen days without giving reasons. The period begins on the day the contract is concluded. To exercise it, send us a clear statement of your decision through our contact form or by email to [email protected]. Sending the notice before the period expires is sufficient. If you withdraw, we refund all payments received without undue delay and no later than fourteen days after we receive your notice.

For token bundles, the right of withdrawal expires once we have begun performance, provided you expressly consented to us beginning before the withdrawal period ends and confirmed that you thereby lose the right. We obtain both confirmations at checkout and repeat them in the purchase confirmation we send you.

If you ask us to begin providing a paid plan during the withdrawal period and then withdraw, you owe a proportionate amount for the service already provided.

Swiss law provides no statutory right of withdrawal for contracts concluded online. Consumers resident in Switzerland therefore have no right of withdrawal under art. 40a et seq. of the Swiss Code of Obligations.

5.6 Billing and Payment Data

To issue invoices, we need a complete billing address and record a VAT or company number if you provide one. Every purchase is invoiced; the invoice is available in your account, and we keep it for the statutory retention period.

Payments are processed by Stripe. Card and account details are entered directly with Stripe and never reach our systems. We store only the identifiers Stripe returns and, for cards, the card brand, the last four digits, and the expiry date, so that you can tell your payment methods apart.

We store your payment method for future payments only if you ask us to at checkout or add one in your settings. You can remove it at any time in your settings; a valid payment method remains necessary for an active subscription.

6. User Conduct and Acceptable Use

You agree to use the Service only for lawful purposes.

6.1 Account Restrictions

An account on a plan for individual use is for one natural person. Sharing account credentials among more than one individual is strictly prohibited and grounds for suspension. Enterprise plans may cover several named members, as agreed with us.

6.2 Prohibited Content

You may not upload media data that:

1. Infringes on the intellectual property or privacy rights of any third party.
2. Contains viruses, malware, or malicious code.

6.3 Fraudulent Activities

It is strictly prohibited to use the service for "fraudulent activities," which include:

1. Using the service results or API to train external machine learning models (e.g., generative adversarial networks) to generate concepts intended to be detected by the service.
2. Attempting to reverse engineer, decompile, or disassemble the detection models.

6.4 Use of the Browser Extension

Your use of the extension is additionally subject to the terms and policies of the platform through which you obtained it (Google, Mozilla, or Apple). You agree not to interfere with or circumvent the intended functioning of the extension, nor to use it to access the service in an automated or abusive manner beyond the functionality it provides.

7. Suspension and Termination

We reserve the right to suspend or terminate your account at any time without liability if you violate these terms. Accounts engaging in fraudulent activities, prohibited account sharing, or uploading illegal content will be suspended immediately.

8. Limitation of Liability

To the fullest extent permitted by applicable law:

1. We are liable without limitation for damages caused by intent or gross negligence, and for injury to life, limb, or health.
2. In cases of slight negligence, we are only liable for the breach of material contractual obligations. In such cases, our liability is limited to the typically foreseeable damage at the time the contract was concluded.
3. For all other claims, our total liability to you for any damages arising out of or related to these terms or the service is limited to the amount you paid us in the 12 months preceding the event giving rise to the claim.

9. Indemnification

If you are a consumer, you will indemnify us against claims, liabilities, damages, and expenses (including reasonable legal costs) that a third party asserts against us because you culpably (negligently or intentionally) breached these terms or infringed the rights of a third party, in particular copyright or privacy rights in the media data you uploaded. Where you are not at fault, no indemnity is owed.

If you are not a consumer, you will indemnify, defend, and hold us harmless from all claims, liabilities, damages, and expenses (including reasonable legal costs) arising out of your infringement of any third-party rights—in particular copyright or privacy rights—caused by the media data you uploaded, irrespective of fault. For all other claims arising out of your use of the service or your breach of these terms, this indemnification obligation applies only if you acted culpably (negligently or intentionally). Statutory rights of recourse remain unaffected.

10. Data Protection

Our collection and use of personal data are governed by our privacy policy. For customers on an enterprise plan who process personal data on behalf of third parties, a data processing agreement (DPA) is available upon request.

11. Governing Law and Jurisdiction

These terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer with your habitual residence in another country, this choice of law does not deprive you of the protection afforded by the mandatory provisions of the law of that country.

If you are a merchant, a legal entity under public law, or have no general place of jurisdiction in Germany, Konstanz is the exclusive place of jurisdiction and the place of performance.

Legal Notice

Operator and Contact: Stefan Scholz, Markgrafenstr. 17, 78467 Konstanz, Germany

Phone: +49 7531 3615151

E-Mail: [email protected]

Responsible for content according to § 18 Abs. 2 MStV Stefan Scholz, Markgrafenstr. 17, 78467 Konstanz, Germany

Consumer dispute resolution / universal arbitration board. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Central contact point under the Digital Services Act - DSA (Regulation (EU) 2022/265). Our central contact point for users and authorities under articles 11 and 12 of the DSA can be reached as follows: Email: [email protected] The languages available for contact are: German, English.