Terms of Service

app.aizzer.com

General provisions

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and app.aizzer.com, e-mail: hello@aizzer.com concerning your access to and use of our website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site and using resources provided therein, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service or have no legal capacity to be bound to them, then you are expressly prohibited from using the Site and resources provided therein, and you must discontinue the use immediately.
These Terms of Service, your use of the Site, as well as contracts concluded with us are governed by and construed in accordance with German laws. Those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All orders placed through the Site are subject to conditions specified in the order page and below.

Our services

We dedicate our Site to providing an online application where you can create custom content based on machine learning algorithms. You can use these functionalities through our Site, after completing the registration process (“Services”).
In case of paid Services, communication methods, total price, payment methods and dates, we well as the method and date of delivering our Services, will be communicated to you before placing the order, either through the Site or directly. Unless specified otherwise, our Services are provided after ordering one of the specific packages listed and detailed on the order page.

Custom content copyrights

Whenever, as a part of using our Services, you create your custom content based on our machine learning algorithms, you retain full copyrights to such content and are entitled to use it for any lawful purpose (“Custom content”).
Custom content is subject to the same terms and conditions on intellectual property, as specified for Contributions in the Contribution license subchapter below.
You acknowledge that artworks and other content created without your creative expression may not be eligible for copyright protection.
Irrespective of your creativity we do not provide any guarantees and don’t make any representations as to the uniqueness, originality, or quality, or the availability or extent of copyright protection for any Custom content, including any artwork created using the Services.

Claims and complaints

All complaints should be sent to the address indicated in section 1 above, by e-mail or traditional mail. The complaint should include: • Your first and last name, • your mailing address and e-mail address, • Description of the complaint (e.g. to what extent the order has not been fulfilled correctly). • Expected state after settling the complaint.
Complaints will be considered within 30 days of their receipt. The answer will be sent to the e-mail address provided by you.
We may request you to provide information necessary to solve the request, specifying a period not shorter than 7 days and the scope of required information, with the instruction that failure to complete the request within the specified period will result in the request not being considered. After the expiry of the designated deadline, the complaint shall not be considered.
Customers enjoy possibilities of using out-of-court complaint and redress procedures. If you wish to follow such procedure, please contact us so we might suggest a procedure appropriate for your case.

Cancellation policy

If you are a consumer, you can cancel your order within 14 days of placing it, provided that the services haven’t already been performed.
You can cancel your order either through the Site or by contacting us directly. The model cancellation template that can be copied and completed only if you wish to withdraw from the contract is as follows: • Addressee: (our details from section 1 of the Terms of Service) • I () inform () about my withdrawal from the contract for the provision of the following services () • The date of conclusion of the contract () • Name and surname of the customer(s) • Address of the customer(s) • Signature of the customer(s) (only if the form is sent in paper version or scan) • Date
Consequences of withdrawal from the contract: In the event of withdrawal from this contract, we will refund payments received from you, including the costs of delivering the product, immediately and in any case, no later than 14 days from the date on which we were informed about the decision to exercise the right to withdraw from this contract. Refunds will be made using the same payment methods that were used in the original transaction, unless expressly agreed otherwise; in no event will you incur any fees related to this return.

User representations

By using the Site, you represent and warrant that: • All information you submit will be true, accurate, current, and complete. • You will maintain the accuracy of such information and promptly update such registration information, as necessary. • You have the legal capacity, and you agree to comply with these Terms of Use. • You are not a minor in the jurisdiction in which you reside, or in case you are a minor, your parent or legal guardian has provided you with an express consent and has agreed that you use our Services under his or her responsibility, both of which you are able to evidence. • You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise. • You will not use the Site for any illegal or unauthorized purpose. • Your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Whenever you register with the Site, you agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Intellectual property

Unless otherwise indicated, the Site, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the State of Connecticut, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions or in any other binding agreement with us, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, unless stated otherwise. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

Contribution license

By creating or posting your Contributions to any part of the Site, or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms of Service will be construed to oblige us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith. Dispute resolution
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the Federal Republic of Germany, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the Federal Republic of Germany. Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice. General disclaimer
The Site and its functionalities, such as Artwork generator, are provided on an as-is and as-available basis. You agree that your use of the Site and our Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connections with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any: (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) unauthorized access to or use of our secure servers or all personal data or financial information stored therein, (4) interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the site. We do not warrant, guarantee, or assume responsibility for any product or service advertised, or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you any third-party providers of products or services.
As with making transactions through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Limitations of liability
To the fullest extent permitted by law, in no event will we, our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site and our Services, even if we have been advised of the possibility of such damages.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site and Services; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
No limitations of liability specified in these Terms of Service refer to your indispensable consumer rights. Final provisions
These Terms of Service and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
These Terms of Service operate to the fullest extent permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time, for important reasons such as changes to the applicable law. We will alert you about any changes to these Terms of Service, using the e-mail address you provided. If you do not agree with the updates to these Terms of Service, let us know within 7 days of receiving an alert. Lack of timely objection means you agree to the new version Terms of Service.
These Terms of Service remain binding until you use or have a valid account on our Site and until you pay us all the remaining fees, commissions and remuneration, 2 years after that date, and later - to extent implied by the nature of rights and obligations created under these Terms of Service, in particular until the end of limitation periods for any legal claims.
The Parties may agree an earlier termination of the Terms of Service.