Terms & Conditions

Legal Documents

Terms & Condition

Terms & Conditions

The contract below outlines neuroflash’s (formally neuroflash GmbH) terms of service (“the Agreement”). By using neuroflash products and services (“the Services”) you agree and acknowledge that you have read and accept this Agreement in its entirety, and agree to be bound by its terms. These terms of service apply to all users of the Services, including users with paid accounts.

neuroflash GmbH (“neuroflash”) reserves the right, at its sole discretion, to modify or replace the terms of this Agreement at any time. If the alterations constitute a material change, neuroflash will notify you by posting an announcement on the neuroflash website. What constitutes a material change will be determined at neuroflash’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using our Services following notification of a material change to this Agreement shall constitute your acceptance of the Agreement as modified.

1. PRIVACY POLICY

As a provider of an online service, we require users to provide certain information when registering to receive our Services. All information provided by Users is collected, used, maintained, shared and destroyed in accordance with neuroflash’s Privacy Policy, available here, and incorporated into this Agreement by reference.

2. LICENSE

neuroflash grants you a non-exclusive, non-transferable right to use the service, solely for your own personal purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by neuroflash.

You shall not, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way. You shall not build a product using similar ideas, features, functions or graphics of the Service or copy any ideas, features, functions or graphics of the Services. You may use the service only for intended purposes and shall not: interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (II) attempt to gain unauthorized access to the Service or its related systems or networks.

3. THE SERVICE

neuroflash is providing this service on an “as is, as available” basis without representation or warranty of any kind. neuroflash does not guarantee as to the continuous availability of the service or of any specific feature(s) of the service. neuroflash will inform you of any significant changes to the service it may occasionally make. neuroflash may impose usage or Service limits, suspend Service, or block certain kinds of usage at our sole discretion. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.

The speed and quality of the Service may vary and the Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed. neuroflash is not responsible for any failures to maintain the confidentiality, security, accuracy or quality of your data, messages or pages whether or not related to interruptions or performance issues with the Service.

4. USER RESPONSIBILITIES

A computer or other equipment enabled to access the Internet (“Device”) is required to utilize the Service. You are solely responsible for ensuring that your Device is sufficient and compatible for use with the Service.

neuroflash may not be used to misrepresent or to act on behalf of others. All content you create or find through our Services shall be within your responsibility to check for potential copyright restrictions. You may not:

  • Use the Service for anything other than lawful purposes

  • Distribute copyright-protected material through our servers

  • Take any action that results in an unreasonable load on neuroflash’s infrastructure

  • Use any 3rd party software to interfere with or attempt to interfere with the Services

You shall at all times abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. If neuroflash is contacted with a complaint regarding or arising from your use of the Services, neuroflash may deem your service usage in violation of this Agreement and terminate your account without notice.

5. TRADEMARKS

neuroflash graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress of neuroflash. neuroflash’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of neuroflash. neuroflash images and icons may be used by third party sites in connection with providing appropriate links to the neuroflash website.

6. SERVICE SUSPENSION & TERMINATION

You agree that neuroflash, in its sole discretion, for any or no reason, and without penalty, may terminate or suspend your use of the Service at any time. neuroflash may also in its sole discretion and at any time discontinue the Services in their entirety, or any part thereof, with or without notice.

7. CANCELLATION & REFUND POLICY

While all amounts paid are non-refundable, certain refund requests for subscriptions may be considered by neuroflash on a case-by-case basis and granted at the sole discretion of neuroflash.

8. DISCLAIMER OF WARRANTIES

neuroflash makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services. neuroflash does not represent or warrant that (a) the use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Service will meet your requirements or expectations, (c) errors or defects will be corrected, or (d) the Services are free of viruses or other harmful components. The Service is provided by neuroflash on and “as is” “as available” basis without warranties of any kind, either expressed or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by law. You expressly agree that use of the Services is at your sole risk.

9. LIMITATION OF LIABILITY

In no event shall neuroflash be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the services for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. Notwithstanding the foregoing, in no event shall the total liability of neuroflash, for all damages, losses and causes of action whether in contract, tort including negligence, or otherwise, exceed the aggregate dollar amount paid by the User claimant to neuroflash in the twelve months prior to the claimed loss, damages or other such alleged event giving rise to the basis of claim.

 

10. RELEASE AND INDEMNITY

You hereby expressly and irrevocably release and forever discharge neuroflash, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Services.

You hereby agree to indemnify and hold harmless neuroflash, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of this Agreement, (ii) the use of the Services, by You or any person using your account, or (iii) any violation of any rights of a third party.

11. CREDIT CARD/DEBIT CARD AND E-SIGN CONSENT

By accepting these terms and conditions, you authorize neuroflash, (“Service Provider”) to charge the credit card or debit the debit card account that you have specified in the payment plan setup process each month in the amount designated in the payment plan setup process. You agree that the payment card specified by you for automatic monthly payments to the Service Provider is, and will continue to be, an account that you own, and that you will maintain sufficient availability under your credit card limit, or sufficient funds in the account linked to your debit card, as applicable, to pay your monthly designated amount. The automatic monthly charge to your credit card or debit to your debit card account will occur on or after the due date specified by the Contract/In Service plan setup process.

These terms and conditions will constitute your copy of your recurring payment authorization to neuroflash. Please print and retain a copy of this recurring payment authorization for your records.

You can cancel your recurring payment authorization only by contacting the Service Provider by telephone or notifying the Service Provider in writing at the address on the Statement or as provided in the email. Your request to cancel your recurring payment authorization must be received by the Service Provider at least three business days before the designated due date for the month in which your request is made. If your cancellation request is submitted after this time, the cancellation will not take effect until the following billing cycle for your statement. If you cancel your recurring payment authorization, you will then be responsible for taking the appropriate action to pay your bill in full on or before the statement due date.


12. E-SIGN CONSENT REGARDING RECURRING PAYMENT AUTHORIZATION

Scope of Consent.

You acknowledge and agree that by accepting the above recurring payment terms and conditions (“Recurring Payment Terms”), you consent to receive a copy of your payment authorization for recurring monthly payments of your Service Provider statement in electronic form only instead of receiving a paper copy. This consent applies only to recurring payment authorizations as to which the Service Provider is required to provide you with a written copy under applicable law. 


No Withdrawal of Consent.

The Service Provider cannot process your online recurring payment authorization unless you are willing to receive, in electronic form only, any copy of the Recurring Payment Terms that we are required to provide to you in writing under applicable law. Consequently, once you have accepted the Recurring Payment Terms, you cannot withdraw your consent to receive your copy of the Recurring Payment Terms in electronic form. However, you will still be able to cancel your recurring payment authorization in accordance with the Recurring Payment Terms.


Paper Copy.

If you wish to obtain a paper copy of your recurring payment authorization, you may do so by printing the Recurring Payment Terms yourself.

In addition, your computer must have Internet connectivity. In order to retain an electronic copy of the Recurring Payment Terms, your personal computer will also need to have the capability to save and store the Recurring Payment Terms or you will need a working printer properly connected to your computer.


13. Fair Usage Policy (FUP)

As part of our commitment to providing a high-quality, fast and reliable service, neuroflash has a Fair Use Policy (also referred to as the FUP) despite unlimited credits plans to prevent excessive use of our service. We expect every user to use this tool in a reasonable and responsible manner and there are some limits and restrictions that OpenAI, our partner company, requires and every user is required to follow these guidelines mentioned below. We assure that our fair usage policy allows genuine users to fulfil their daily and monthly usage requirements comfortably despite fulfilling certain conditions mentioned below.

We further assure that the provision of our services works fairly for everyone and with the best possible user experience. This should always mean the quality of service to every user, in an even-handed and equitable way. Users, who overusing our service (using more than 2.25 Mio words per month), will automatically be reduced to lower quality of the text generation, until the next billing cycle is reached.


By using this service, you are committed to choose a plan according to your profession and business size. If you are having very high usage, you should switch over to the next higher plan or ask us for a custom plan or use our business API.


It is our intent to prevent automated and robotic behaviour and ensure the safety of our service and that of our partners. Additionally, our AI engine restricts some kinds of use cases such as distributing their unlimited account login details to others in lieu of monetary gains and considers such activities as illegal activities. One seat is for one user only and multiple users in one login account are not permitted. Thus, our system identifies such behaviour and automatically adjusts certain parameters temporarily based on abnormal, heavy usage patterns within a short period of time. When such activity is detected by the system, you might notice a decline in quality of the output. This usually resolves itself with the renewal of your monthly cycle.

Additionally, for any abnormally high usage and for any illegal activity of sharing login details of your account with others, your account may be blocked or permanently deleted without any notice. No claim of any sort in this regard will be accepted and no refunds will be issued. By using our service, you commit to us that any of your claim/dispute in this regard raised by you or by your bank will be automatically rejected.


Prohibited Uses

You may use the service only for lawful purposes and in accordance with our terms. You agree not to use our service:

  • In any way that violates any applicable national or international law or regulation.

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

  • To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

  • Our AI service provider “Open AI” does not permit the generation of sexual, religious and political content and hence you are strictly prohibited from generating any such content. If even by mistake, you try to generate such content, our system will give you an error message of “Unsafe Content” the first time and this is to be considered the final warning. If you try to generate such content again, your subscription will be cancelled and you will be debarred from using our services again and no refunds will be issued.


Additionally, you agree not to:

  • Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through our service.

  • Use any robot, spider, or other automatic device, process, or means to access our service for any purpose, including monitoring or copying any of the material on our service.

  • Use any manual process to monitor or copy any of the material on our service or for any other unauthorized purpose without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of Service.

  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

  • Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

  • Take any action that may damage or falsify company rating.

  • Otherwise attempt to interfere with the proper working of Service.


14. Privacy Policy 

April 07, 2021


This Privacy Policy describes how neuroflash GmbH. (“neuroflash”) handles your Personal Data when you use our services (“Services”).

By using our Services and/or registering for an account, you are accepting the terms of this Privacy Policy and our Terms of Service, which are integrated here by reference.

neuroflash is a global company. Our physical servers are located in many countries around the world, neuroflash partly stores Personal Data outside of Germany’s physical borders. By using our services, you authorize neuroflash to use your information according to Germany’s laws, regardless of which country you are located in.


If you have any questions or comments about this Privacy Policy, please contact us at: magicpen@neuroflash.com


1 Personal Data Collection and Use

As a provider of an online privacy service, we ultimately strive to collect the minimal amount of information required to operate our service. This often means difficult trade-offs between the information we collect and the performance of our service. We believe in an open dialogue because this Privacy Policy is an evolving document. We welcome your thoughts and feedback on how we’re doing.


1.1 What is Personal Data? 

As described below, “Personal Data” means any information relating to an identified or identifiable natural person (“Individual”) and includes information provided by you while using our Services. If we use or store Personal Data with information that is non-personal, we will consider the combination as Personal Data.


1.2 Account User Data

When you create or update your neuroflash user account, we collect and store this “Account Data”. The Account Data stored is listed below in its entirety:

Account Data

What do we use it for?

Email address 

User authentication, Marketing, communications, purchase receipts and occasional product news

Password

User authentication, only in encrypted format

Name

User identification

Phone number

Marketing, communications, purchase receipts and occasional product news

Billing address (street, city, zip code, country)

Purpose of processing invoices

Profile picture

User Identification, UI effects

Timezone

Identifying and Processing user request and events

Subscription details (ativication and expiry data)

Identify customer subscriptions 




1.3 Operational Data 

neuroflash also collects and stores “Operational Data” required to operate our Services. This is data that we collect and store when you connect to our network. Operational data is listed below in its entirety:

Operational Data

What do we use it for?

User events

User actions, like mouse clicks, pages visited, words typed and so on, used for user behaviour predictions 

User interactions 

All API request and responses, used for user behaviour predictions  

Groups

Allows users to be grouped

Saved data

All users to save and continue their workflow 

Dimensions 

User to generate better associations 


1.4 Personal and Financial Data Collected at Payment 

Making a purchase with a credit card on any service will result in Personal Data being exchanged with payment processors. 


Credit Card Transactions 

neuroflash processes credit card payment information securely through Stripe. Credit card processors may store Personal Data associated with financial transactions outside of Germany’s borders. When you pay with credit card, neuroflash stores the following information:

Payment Data

What do we use it for?

Cardholder last name e.g. Smith

For use in credit card fraud prevention

Date of card use e.g. 2014/01/01

For use in credit card fraud prevention

Last four Numbers of Credit Card

e.g. 5555

For use in credit card fraud prevention


neuroflash does not store, but can securely login and view the following information through our third party payment processor Stripe:


Payment Data

What do we use it for?

Customer details mentioned in the above in 1.2

For use in payment identification

Card billing address

For use in credit card fraud prevention

Card expiry

For use in credit card fraud prevention

Last four Numbers of Credit Card

For use in credit card fraud prevention

Session information

e.g. Device type, operating system,

IP address at the time of payment

For use in credit card fraud prevention

Subscriptions 

For use in payment identification

Coupons 

For use in payment identification

Invoices 

For use in payment identification


neuroflash never stores your complete credit card number or your location at time of payment. To keep your payment information secure, we adopt all available security and multi-factor authentication measures available from these providers. neuroflash operates exclusively with PCI compliant payment processors. Only our payment processors have the ability to collect, use and access your full credit card information and other financial information. They can use this information solely for the purpose of charging and invoicing you for our (paid) Services.


1.5 Cookies and Persistent Trackers 

In building our website and apps, we have tried to limit the number of services with access to store cookies in your browser. There are currently three third-party services with this ability. These services store data for as short a time as possible.

Cookie name

Service

Cookie Expiry

Why do we store it?

_ga

Google Analytics – IP anonymization enabled

2 years

To make our website better, we use Google Analytics (GA) to see how many people are visiting it. We have set GA to use the minimum available retention period and not store IP addresses.

User preference data

neuroflash developed – In house feature

Indefinite 

To allow user to time effectively used the platform, language and latest model selected in the last usage

We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices (in particular device’s IP address (captured and stored only in anonymized form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), preferred language used to display our website). Hotjar stores this information in a pseudonymized user profile. Neither Hotjar nor we will ever use this information to identify individual users or to match it with further data on an individual user. For further details, please see Hotjar’s privacy policy by clicking on this link.


You can opt-out to the creation of a user profile, Hotjar’s storing of data about your usage of our site and Hotjar’s use of tracking cookies on other websites by following this opt-out link.


2. Personal Data

Any Personal Data you provide to neuroflash will be administered according to the following principles: 


2.1 Accountability 

Should you have any concerns about how your Personal Data is handled or questions about this Privacy Policy, feel free to contact us at privacy(at)neuroflash.com 


2.2 Disclosure of Personal Data to Third Parties 

Except as described below, neuroflash will NOT disclose any Personal Data to other commercial parties under any circumstance: We may send data to third-party service providers who operate services that help us with: customer support; email; hosting, protecting, and securing the neuroflash infrastructure; DDoS prevention; payment processing; as well as understanding website analytics, account and payment related service usage. In the event neuroflash is served with a valid subpoena, warrant or other legal document and applicable law requires neuroflash to comply, the extent of disclosure is limited to the Personal Data listed within this Privacy Notice. As noted above, neuroflash utilizes PCI-compliant third-party payment processors to collect your credit card and other billing information. If our organization structure changes (e.g., we undergo a restructuring or are acquired), we may need to migrate your Personal Data to a third party related to a business transaction, but, we will ensure that such a third party has entered into an agreement under which the use of your Personal Data is only related to purposes necessary for the transaction.


2.3 Consent and Legitimate Interest 

When you sign up for our Service and provide us with Personal Data, you allow us to process that information in accordance with this Privacy Policy. We rely on legitimate interest for marketing, research, and fraud prevention. We will obtain your consent where required by law. You have the right to ask us not to contact you. To exercise your choices or ask questions about your Personal Data, please contact us at: magicpen@neuroflash.com. 


2.4 Limiting Collection 

We take great care to not collect Personal Data indiscriminately and limit collection to the minimum necessary information required to operate our service. By limiting the collection of data, we help to protect the privacy and security of your Personal Data. 


2.5 Limiting Use, Disclosure, and Retention 

We will not use your Personal Data for any purpose that you have not consented to. neuroflash will NOT sell or trade Personal Data for commercial purposes. Only neuroflash’s employees with a business need to know or whose duties require, are granted access to our customers’ Personal Data. All such employees will be required as a condition of employment to respect the confidentiality of our customers’ Personal Data. We store your Personal Data only as long as is necessary for the purposes for which it is collected, to provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. We erase or destroy the records containing Personal Data when they are no longer required; this will be done in ways that will ensure your continued privacy. 


2.6 Accuracy 

It is your responsibility to inform neuroflashof any relevant changes in your Personal Data by updating your account information. 


2.7 Safeguards 

neuroflash uses exceptionally strong safeguards to protect the privacy of all our records, including your Personal Data. We implement physical, business and technical security measures. These strong safeguards are designed to prevent unauthorized access, disclosure, loss, theft, copying, use or modification to your Personal Data. 


2.8 Openness and Transparency 

So that you can be confident that we are handling your Personal Data appropriately, we take extraordinary measures to document our policies and provide openness and transparency around the data we collect, why we collect it and how we handle it. 


2.9 Individual Access 

If at any time you have a question about our records containing your Personal Data, we will do our best to answer it. You have the right to be told about the kind of Personal Data we maintain and how it is used. Upon request, we will provide you with information regarding the existence, use and disclosure of your Personal Data. 


2.10 Individual Access 

If you are visiting from the European Union, please note that by providing your Personal Data, you consent to any transfer of your Personal Data to Germany and processing of your Personal Data globally in accordance with this Policy. 


2.11 Rights of Access, Rectification, Erasure, and Restriction 

You have the right to inquire as to whether neuroflash is Processing Personal Data about you, request access to Personal Data, and ask that we correct, amend or delete your Personal Data where it is inaccurate. Contact magicpen@neuroflash.com to request access to, receive (port), seek rectification, or request erasure of Personal Data held about you by neuroflash. To protect your privacy, neuroflash requires you to login to your account with a username and password before granting you access to or allowing you to make any changes to your Personal Data. neuroflash makes good faith efforts to provide you with the ability to delete your Personal Data, however there may be circumstances in which neuroflash is unable to delete all your Personal Data. For example, we are unable to delete it where we are legally required to keep it, including where we need it to continue to offer you the service or if you are involved in litigation with us, we would be required to retain your personal data, which is limited to the fields we discuss above in 1.2, 1.3 and 1.4.


If neuroflash determines that your Personal Data cannot be deleted, we will explain why and provide a contact for further inquiries. If you have any questions about our privacy practices, this Privacy Policy, or how to lodge a complaint with the appropriate authority, please contact neuroflash by email at privacy (at) neuroflash.com. We will address your concerns and attempt to resolve any privacy issues in a timely manner. If your privacy concerns or complaints are not addressed to your satisfaction by neuroflash you may contact the Office of the Privacy Commissioner of Germany for further guidance at:  

Anschrift: Husarenstraße 30, D-53117 Bonn

Telefon: 0228 997799 – 0

Pressestelle: 0228 997799 – 916

Telefax: 0228 997799 – 550

E-Mail: poststelle@bfdi.bund.de

Pressestelle: pressestelle@bfdi.bund.de

Internet: http://www.datenschutz.bund.de


2.12 Changes to Our Privacy Policy 

We may need to change our Privacy Policy from time-to-time and all updates will be posted online. Your continued use of our Services after the effective date of such changes constitutes your acceptance of such changes. We will post an effective date at the top of the page for your convenience.


13. Provision of the AI Image Generator 

The image generator of neuroflash uses a version of the Stable Diffusion model of Stability AI LTD and the images generated by neuroflash are subject to the property rights.

14. Terms of use of the AI Image Generator

You agree not to use our AI Image Generator:

  • In a manner that violates any applicable national, state, federal, local or international law or regulation;
  • For the purpose of exploiting, harming, or attempting to exploit or in any way;
  • To create or disseminate demonstrably false information and/or content with the intent to harm others;
  • To create or disseminate personal information that can be used to harm an individual;
  • To defame, disparage or otherwise harass others;
  • For fully automated decision making that adversely affects an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
  • For any use that is intended to, or has the effect of, discriminating against or harming individuals or groups based on their online or offline social behavior or known or predicted personal or character traits;
  • To exploit vulnerabilities of a particular group of people based on their age, social, physical or mental characteristics in order to distort the behavior of a person belonging to that group in a way that causes or is likely to cause physical or mental harm to that person or another person;
  • For any use that has the purpose or effect of discriminating against any person or group on the basis of any characteristic or category protected by law;
  • For the provision of medical advice and interpretation of medical results;
  • To create or disseminate information to be used for the administration of justice, law enforcement, immigration or asylum proceedings, such as predicting that an individual will commit fraud/crime (e.g., through text profiling, drawing causal connections between statements made in documents, indiscriminate and arbitrary use).

15. No rights to the results of the AI Image Generator

neuroflash does not claim any rights to the results generated by you using the KI Image Generator. You may freely use the results – provided that the above terms of use are observed; you are responsible for the results generated by you with the KI Image Generator as well as for their subsequent use. 
 

16. Scope of use of the AI Image Generator

neuroflash maintains and adds to a list of terms that cannot be used by you and all other users for the use of the KI Image Generator at its own free discretion to be exercised in accordance with § 315 of the German Civil Code (BGB).
 

17. Extraordinary termination / non-compliance with the terms of use

You and neuroflash are entitled to terminate the agreement on the use of the AI Image Generator for cause. For neuroflash, good cause shall be deemed to exist in particular if you violate the aforementioned Terms of Use when using the AI Image Generator. 
 
If there is reasonable suspicion of an imminent or actual violation of the aforementioned terms of use by you, neuroflash is entitled, taking into account your legitimate interests, to interrupt or discontinue your use of the AI Image Generator and to delete any illegal content. The same applies in the event that third parties assert claims against neuroflash that are not obviously unfounded due to your use of the KI Image Generator. If neuroflash has taken measures in such a case, neuroflash will inform you of this immediately by e-mail.


Provision and functionality of the AI Avatar Generator

The AI Avatar Generator provided by neuroflash makes it possible to create an avatar using artificial intelligence on the basis of given images, i.e. a graphical representation that represents the person depicted in the given images.


You can use the AI Avatar Generator provided by neuroflash to create 100 images generated by means of AI (i.e. the illustration of the avatars, hereinafter also referred to as “avatar images”) on the basis of images provided by you for training the AI model. The use of the AI Avatar Generator is subject to a fee.


To use the AI Avatar Generator, upload 14 to 20 images to app.neuro-flash.com/avatar. The images can be in JPG and PNG file formats and should be at least 512×512 pixels, with a maximum file size of 5 MB per image.


These images will be used to train a new AI model based on the technologies we use. For this purpose, by uploading images to neuroflash, you grant neuroflash the right to process the uploaded images, including the right to store the images in a data centre, to the extent necessary for neuroflash to fulfil its contractual obligations. The process of training the AI model takes approximately four hours. After training the AI Model, your images provided by you will be deleted.


The AI model generates at least 100 avatar images after training. The images in .png format have a resolution of 512×512 pixels. neuroflash will send the files of these avatar images to the e-mail address you have provided.


After the avatar images have been generated, the trained AI model is deleted. The avatar images will be deleted no later than seven days after they have been sent to you.


neuroflash does not claim any rights to the avatar images. You may freely use the avatar images – provided that the following terms of use are observed.

You are responsible for the avatar images you create with the KI Avatar Generator and for their subsequent use; Any claims for defects against neuroflash as well as any liability of neuroflash due to intent and gross negligence, according to the Product Liability Act, for a (written) guarantee as well as for a negligent breach of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and the observance of which you as a customer may regularly rely on (whereby in the latter case neuroflash shall only be liable for the foreseeable damage typical for the contract) shall remain unaffected.


Performance in accordance with the contract and no rights to the AI model
As a contractual service, neuroflash owes solely the creation of avatar images on the basis of an AI model trained on the basis of the images uploaded by you and the transmission of the files for at least 100 avatar images generated on the basis of the trained AI model by e-mail. There is a very small chance that the AI generates a nude image, even though we have installed certain not safe for work filters to assure high quality and safe output.


You do not obtain any rights to the AI model trained using the images you provide. The trained AI model is not part of the results to be provided to you by neuroflash.


Technology of the AI Avatar Generator
The AI model of the AI Avatar Generator by neuroflash is trained on the basis of the Stable Diffusion model by Stability AI LTD, which is based on the licence conditions visible here, and the Dreambooth-Stable-Diffusion by Rinon Gal, Yuval Alaluf, Yuval Atzmon and other contributors (Contributor), which is based on the licence conditions visible here.


Terms of use of the KI Avatar Generator
You agree to use the KI Avatar Generator and the results generated by the KI Avatar Generator only in accordance with these Terms of Use. 


You may only use the KI Avatar Generator if you are at least 16 years old.


You may only use images for the KI Avatar Generator (i) that exclusively depict you and no other persons, and (ii) to which you have the necessary rights of use to (a) upload them, (b) use them for training an AI model, (c) use them as a basis for generating avatar images, and (d) grant neuroflash the right to process the uploaded images, including the right to store the images in a data centre, to the extent necessary for neuroflash to fulfil its contractual obligations.


You agree not to use our AI Avatar Generator:
In a manner that violates any applicable law (including, without limitation, any applicable national, federal, state, local or international law or regulation, including criminal law) or license, governmental request or public policy, or the rights of any third party;
for the purpose of exploiting, harming or attempting to exploit or in any way;
to create or disseminate demonstrably false information and/or content with the aim of harming others;
to create or disseminate personal information that can be used to harm an individual;
to defame, disparage or otherwise harass others;
for fully automated decision making that adversely affects an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
for any use that is intended to or has the effect of discriminating against or harming individuals or groups on the basis of their online or offline social behaviour or known or predicted personal or character traits;
to exploit vulnerabilities of a particular group of people based on their age, social, physical or mental characteristics in order to distort the behaviour of a person belonging to that group in a way that causes or is likely to cause physical or psychological harm to that person or to another person;
for any use which has the purpose or effect of discriminating against any person or group on the basis of any characteristic or category protected by law;
for the provision of medical advice and interpretation of medical results;
for the production or dissemination of information to be used for the administration of justice, law enforcement, immigration or asylum procedures, such as predicting that a person will commit fraud/crime (e.g. through text profiling, drawing causal links between statements made in documents, indiscriminate and arbitrary use).


Extraordinary termination / non-compliance with the terms of use
You and neuroflash are entitled to extraordinary termination of the agreement on the use of the AI Avatar Generator for good cause. For neuroflash, good cause is deemed to exist in particular if you violate the aforementioned terms of use when using the KI Avatar Generator.


If there is reasonable suspicion of an imminent or actual violation of the above terms of use by you, neuroflash is entitled, taking into account your legitimate interests, to interrupt or discontinue your use of the KI Avatar Generator and to delete illegal content. The same applies in the event of the assertion of not obviously unfounded claims by third parties against neuroflash due to your use of the KI Avatar Generator. If neuroflash has taken measures in such a case, neuroflash will inform you of this immediately by e-mail.