Terms of use

Scope

These terms apply to all contracts between the Provider and its customers on the use of delishy. delishy is aimed exclusively at businesses within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. By registering, the customer confirms that it acts in the course of a commercial or self-employed professional activity.

Different or additional terms of the customer apply only if the Provider has expressly agreed to them in text form.

Formation of the contract

The contract is formed when the customer creates an account and the Provider confirms the registration or enables access. Paid subscriptions and credit packs are formed when the Provider confirms the order. The contract language is German.

Services

delishy lets the customer connect a repository, a zip file or a URL of its application. An AI agent rebuilds the interface as a UI kit; product videos and still images are rendered from it in various formats and languages. The exact scope follows from the service description in force on the website and in the product.

The results rely on AI methods. The Provider owes the provision of the platform and the proper execution of the jobs ordered, but not any particular creative or content-related outcome. In particular, the Provider does not guarantee that the UI kit or the generated assets reproduce the original completely or without errors.

The Provider may develop and change the services as long as the agreed core of the service is preserved.

Availability

The Provider aims for platform availability of [to check: target, e.g. 99.5%] on an annual average. Maintenance windows, outages of third-party services and force majeure are excluded. This is not an availability guarantee.

The current operating status is shown on the status page.

Account and organisation

The customer creates an organisation and can invite members with the roles owner, admin, member and viewer. The customer is responsible for choosing members and assigning roles.

The customer keeps credentials and sign-in links confidential and ensures that access is used only by authorised persons. Actions under an access are attributed to the customer unless the customer is not responsible for the misuse. The customer informs the Provider without delay of any unauthorised use.

Details given at registration must be correct and complete and kept up to date.

Credits

Use of the platform is charged in credits. The customer receives credits as balance included in a subscription or by buying top-up packs. One credit has a nominal value of €0.01.

Credits are consumed by AI calls, still images and video seconds. The consumption per service follows from the price list in force [placeholder: link or insert the price list].

Before a job starts, the Provider reserves the credits it is expected to need. Charging is based on actual consumption; reserved credits that are not consumed are released. If a job fails for reasons on the Provider’s side, the credits consumed for it are refunded.

The balance included in a subscription expires [to check: at the end of the billing period / is carried over]. Credits from top-up packs expire [to check: after a period / never]. Credits are not transferable and are not paid out in cash; there is no claim to a cash payout, not even when the contract ends, as far as legally permitted.

Prices and payment

The prices of the price list in force at the time of contracting apply [placeholder]. All prices are net, plus statutory VAT.

Subscriptions are charged in advance for the respective billing period, top-up packs immediately. Payment is handled by the payment service provider Stripe. Invoices are provided electronically and are due immediately unless agreed otherwise. In case of late payment, the Provider may block access after a reminder in text form.

The Provider announces price changes for running subscriptions at least [to check: 30] days in advance in text form; the customer may terminate as of the date the change takes effect.

Customer content

The customer remains the holder of the rights in the content it provides, in particular repositories, source code, screenshots, brands, logos and brand kit files (“Customer Content”).

The customer warrants that it is entitled to use the Customer Content under this contract and that its use does not infringe third-party rights. This applies in particular to third-party source code, open-source licences, trademark and copyright, and the rights of people depicted.

The customer grants the Provider a simple, non-transferable licence, limited to the term of the contract, to store, analyse, process, pass on to the subprocessors used, and render the Customer Content as far as necessary to provide the service. There is no further use, in particular no use to train AI models.

Rights in generated assets

The rights in the videos and still images generated from Customer Content (“Assets”) belong to the customer, as far as they are protectable under the applicable law. Upon payment for the respective job, the Provider transfers to the customer all rights it holds in the Assets, or grants the customer exclusive rights of use for all types of use, unlimited in time and territory, including the right to edit and sublicense.

The Provider does not use the Assets without the customer’s consent unless necessary to provide the service (for example storage and delivery).

The UI kit is part of the service. The customer may use it to create and use Assets. [to check: scope of rights in the UI kit itself and in embedded third-party components such as fonts, which may be subject to their own licence terms.]

Because the results are generated by AI, the Provider cannot ensure that Assets are free of third-party rights or enjoy copyright protection.

Prohibited use

The customer must not use the platform for:

• unlawful content or purposes
• infringing trademark, copyright, personality or other rights of third parties
• misleading or deceptive advertising, in particular depictions that pretend a product has functions or properties it does not have
• uploading or connecting third-party repositories or content without authorisation
• circumventing limits, credit accounting, roles or technical protection measures
• reverse engineering, decompiling or extracting the platform, unless permitted by law
• attacks on the security or availability of the platform, including injecting malicious code through Customer Content

In case of a breach, the Provider may remove content and block access temporarily or permanently. In doing so, the Provider takes the customer’s interests into account and, where possible, sets a deadline for remedy before blocking.

Note on AI results

AI results may be incomplete, inaccurate or incorrect. The customer checks the UI kit and Assets for accuracy, lawfulness and brand conformity before publishing and is responsible for how they are used.

Data protection

The Provider processes personal data in accordance with the privacy policy. Where the Provider processes personal data on behalf of the customer, the data processing agreement applies and forms part of these terms.

Liability

The Provider is liable without limit for intent and gross negligence, for injury to life, body or health, under the Product Liability Act, and where it has given a guarantee or fraudulently concealed a defect.

In cases of slight negligence, the Provider is liable only for breach of essential contractual obligations (cardinal obligations), that is, obligations whose fulfilment makes proper performance of the contract possible in the first place and on which the customer may regularly rely. In that case liability is limited to the typical, foreseeable damage, and to a maximum of [to check: amount, e.g. the fees paid in the last twelve months].

Otherwise liability is excluded. The Provider is liable for loss of data only to the extent that it would have been unavoidable if the customer had made regular backups appropriate to the risk. Liability for results of AI processing follows these rules.

The above provisions also apply in favour of the Provider’s employees, representatives and vicarious agents.

Term and termination

A subscription contract runs for an indefinite period and the customer may terminate it monthly with effect from the end of the current billing period [to check: term and termination model]. Termination is possible through the product or in text form. Amounts already paid for the current billing period are not refunded unless the law or these terms provide otherwise.

The right to terminate for good cause remains unaffected. Good cause for the Provider exists in particular in case of serious breaches of the prohibited use rules or late payment after a reminder.

Data export and deletion after the contract ends

After the contract ends, the customer can export its Customer Content and Assets within [30 days, to check]. After that the Provider deletes the data unless statutory retention obligations prevent this. Unused credits expire when the contract ends, as far as legally permitted.

Changes to the terms

The Provider may change these terms with effect for the future where this is necessary for objective reasons, for example because of changes in law, new features or changes in third-party services, and the customer is not unreasonably disadvantaged. The Provider notifies changes in text form at least [to check: 30] days before they take effect. They are deemed accepted if the customer does not object within this period; the Provider points out this consequence in the notice. If the customer objects, either party may terminate the contract as of the date the change would take effect.

Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is, as far as legally permitted, the Provider’s registered seat.

Amendments and additions to this contract require text form; this also applies to waiving this text form clause. Communication takes place by email and through the product.

Should a provision of these terms be or become invalid, the validity of the remaining provisions remains unaffected (severability clause). The statutory provision replaces the invalid provision.

Contact: legal@delishy.ai.