Terms of Service

1. Scope and contracting parties

(1) These Terms of Service apply to all contracts for the creation of digital image content between Nabi Caner Aybaş, Friedrichstr. 226, 10969, Berlin, Almanya, +491729897808, caneraybas@gmail.com, (the "Provider") and the client.

(2) The Provider's services are directed exclusively at business customers — entrepreneurs within the meaning of § 14 of the German Civil Code, legal persons under public law, and public-law special funds. No contract is concluded with consumers within the meaning of § 13 of the German Civil Code. By placing an order, the client confirms that they are acting in the exercise of their commercial or independent professional activity.

(3) Deviating or supplementary terms proposed by the client do not become part of the contract unless the Provider expressly agrees to them in writing.

2. Subject matter of the services

(1) The Provider creates digital image content — product visualisations, campaign imagery, and where applicable short moving-image assets — on the basis of the product photographs and briefing information supplied by the client.

(2) The image content is created using generative artificial intelligence. The client expressly acknowledges this. The delivered content does not consist of conventional photographic recordings, but of digitally generated depictions based on the reference material supplied.

(3) The specific scope of services — in particular the number of visuals, the number of products depicted, the number of moving-image assets and the number of revision rounds — follows from the package selected by the client, as described on the Provider's website at the time the contract is concluded.

(4) The Provider owes execution of the work according to professional judgement within the framework of the briefing. No specific creative outcome, no specific commercial success and no specific market effect of the content is owed.

(5) The Provider is entitled to engage third parties and software service providers in the performance of the services.

3. Formation of the contract

(1) The presentation of packages on the website does not constitute a binding offer, but an invitation to submit an offer.

(2) The client submits a binding offer by selecting a package via the payment link provided and completing the payment process.

(3) The contract is concluded upon confirmation of payment by the payment service provider.

4. Client's obligations to cooperate

(1) The client is obliged to provide the Provider with all materials and information required for the performance of the services, completely, in good time and in suitable quality. This includes in particular:

a) product photographs in sufficient resolution and clarity; b) complete responses in the briefing form provided.

(2) Warranty of rights and indemnity. The client warrants that they hold all necessary rights in all materials supplied — in particular product photographs, trademarks, logos and reference images — and are entitled to pass them to the Provider and to have them processed by the Provider. The client grants the Provider the non-exclusive rights of use required to perform the contract.

(3) The client shall indemnify the Provider against all third-party claims asserted against the Provider as a result of a breach of this warranty, including reasonable costs of legal defence.

(4) If the client fails to meet their obligations to cooperate, the performance periods are extended accordingly. The Provider may separately invoice any additional expenditure incurred as a result.

5. Performance periods

(1) The 48-hour turnaround stated in the package description begins only upon complete receipt of all required materials and briefing information pursuant to clause 4.

(2) The 48-hour period relates to delivery of the first complete image set, not to the completion of any revision rounds.

(3) Time periods are understood as business days, Monday to Friday, excluding public holidays at the Provider's place of business.

(4) If the Provider becomes aware that a deadline cannot be met, the Provider will inform the client without delay and state a new date.

6. Revision rounds and acceptance

(1) The client is entitled to the number of revision rounds stated in the selected package.

(2) A revision round comprises the client's consolidated feedback on one delivered image set. Individual change requests submitted at different times each count as a separate revision round.

(3) Revision rounds cover adjustments within the agreed briefing, in particular changes to crop, colour grading, background and selection of motifs. They do not cover material changes to the briefing, in particular a change of creative concept, of model casting, or of the products to be depicted. Such changes constitute an additional order and are charged on a time-and-materials basis or by separate agreement.

(4) The client shall communicate change requests within [7] calendar days of delivery. If no feedback is received within this period, the service is deemed accepted.

7. Rights of use

(1) Upon full payment of the agreed fee, the Provider grants the client a non-exclusive licence, unlimited in territory and duration, to use the delivered final results for the client's own commercial communication. This includes in particular use in social media, in the client's own online shop, on marketplaces, in digital and printed advertising, and in catalogues.

(2) The licence does not include the right to sublicense the final results, to sell them to third parties, to distribute them as a standalone product, or to make them available to third parties for the advertising of third-party products. Passing them to trade partners for the purpose of advertising the client's own products is permitted.

(3) Until full payment has been made, all delivered content is released for review purposes only; publication is not permitted before then.

(4) The Provider receives no exclusive rights in the image content, but undertakes not to use the final results for competitors of the client.

(5) The Provider's own promotional use. The Provider is entitled to use the content created, naming the client, for the Provider's own reference and promotional purposes — in particular in a portfolio, on the Provider's own website and in social media. The client may object to this in writing; an objection applies to future publications only.

(6) Intermediate results, working files, prompts and process documentation are not subject matter of the contract and remain with the Provider.

(7) The Provider notes that the copyright protectability of purely AI-generated content has not been conclusively settled under current law. The Provider gives no warranty that copyright protection arises in the client's favour in the final results, or that such protection is enforceable against third parties.

8. Fees and payment

(1) The fee follows from the selected package and is payable in full in advance.

(2) Payment is made via the payment service provider designated by the Provider.

(3) All prices are stated [net of statutory VAT. For deliveries to business customers within the EU, invoicing may take place under the reverse-charge procedure pursuant to § 13b of the German VAT Act].

Kleinunternehmer isen bunun yerine: The Provider is a small business within the meaning of § 19 of the German VAT Act. No VAT is charged or shown.

(4) The client is entitled to set-off or to withhold payment only insofar as their counterclaim has been established by a final court decision or is undisputed.

9. No right of withdrawal

As the Provider's offering is directed exclusively at business customers, no right of withdrawal exists. The provisions on consumer contracts, in particular §§ 312 et seq. of the German Civil Code, do not apply.

10. Cancellation and termination

(1) The contract ends upon complete performance of the services.

(2) If the client cancels after conclusion of the contract but before delivery of the first image set, the Provider may retain [30] % of the fee as a lump-sum contribution to costs incurred. The client reserves the right to demonstrate that actual costs were lower.

(3) If the client cancels after delivery of the first image set, there is no entitlement to a refund.

(4) The Provider is entitled to terminate the contract for good cause, in particular where the materials supplied are unlawful, infringe the rights of third parties, or where the client fails to meet their obligations to cooperate despite being requested to do so. Services already rendered remain payable in such cases.

11. Claims for defects

(1) The client shall inspect delivered services without delay and notify obvious defects in writing within [7] calendar days.

(2) Where a notice of defect is justified, the Provider shall provide subsequent performance. If subsequent performance fails twice, the client may demand a reduction of the fee.

(3) Differences of creative opinion within the framework of the briefing do not constitute a defect.

12. Liability

(1) The Provider is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, and under the provisions of the German Product Liability Act.

(2) In the event of slightly negligent breach of a material contractual obligation, liability is limited to the foreseeable damage typical of this type of contract, and in any event to no more than the fee agreed for the order concerned.

(3) Liability is otherwise excluded. In particular, the Provider is not liable for lost profit, failed advertising outcomes or indirect damage.

(4) The Provider is not liable for infringements of rights arising from the client having supplied materials in which the client did not hold the necessary rights.

(5) The Provider is not liable for the availability or functionality of third-party software used.

13. Confidentiality

Both parties undertake to treat as confidential all business information of the other party obtained in the course of the collaboration. This obligation continues for [3] years after the end of the contract. The Provider's right to promotional use pursuant to clause 7 (5) remains unaffected.

14. Final provisions

(1) The law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The exclusive place of jurisdiction for all disputes arising from this contractual relationship is [Berlin], where the client is a merchant, a legal person under public law or a public-law special fund.

(3) Amendments and supplements to this contract must be made in writing.

(4) Should any provision of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.

Last updated: 08,2026