Terms of Use

1. Acceptance of Terms

By accessing or using DesignIdea.ai (the "Service"), you agree to be bound by these Terms of Use ("Terms"), our Privacy Policy, and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use our Service.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Matthias Lange, Menzelstrasse 13, 51427 Bergisch Gladbach, Germany ("Company," "we," "us," or "our"), operating as DesignIdea.ai.

2. Description of Service

DesignIdea.ai is a software-as-a-service (SaaS) platform that uses artificial intelligence to transform sketches and concepts into photorealistic industrial design visualizations. The Service utilizes third-party AI APIs to generate images based on user-provided content.

The Service is available in the following tiers:

• Free: Includes a one-time signup bonus of 20 AI generation credits, 1 project, and 100 MB storage.
• Pro: A paid subscription with 500 AI generation credits per month, unlimited projects, 10 GB storage, and priority support.

Additionally, one-time credit packs can be purchased separately. Current pricing and credit amounts are displayed on our website and may change at any time.

The Service is provided on an "as is" and "as available" basis.

3. User Accounts

3.1 Account Creation

To use certain features of the Service, you must create an account. You may register using your email address or through Google OAuth. You agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your account information.
• Keep your password secure and confidential.
• Accept responsibility for all activities under your account.
• Notify us immediately of any unauthorized use.

3.2 Account Termination

We reserve the right to suspend or terminate your account for violation of these Terms, with notice where practicable. You may delete your account at any time through your account settings. Upon deletion, your data will be removed in accordance with our Privacy Policy.

4. User Content and Intellectual Property

4.1 Your Content

You retain ownership of the original content (sketches, images, prompts) you upload to the Service ("User Content"). By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, process, and transmit your content solely for the purpose of providing the Service.

4.2 Generated Content

Regarding AI-generated images ("Generated Content"):

• Subject to your subscription plan, you may use Generated Content for personal and commercial purposes.
• We do not claim ownership of Generated Content created through your use of the Service.
• Generated Content is created using third-party AI systems, and intellectual property rights may be subject to the terms of those providers.
• We make no representations or warranties regarding the intellectual property status of Generated Content.
• You are solely responsible for ensuring your use of Generated Content does not infringe third-party rights.

4.3 Prohibited Content

You agree not to upload or generate content that:

• Infringes any third-party intellectual property rights.
• Is unlawful, harmful, threatening, abusive, defamatory, or objectionable.
• Contains adult, violent, or hateful material.
• Depicts real individuals without consent.
• Violates any applicable law or regulation.
• Attempts to deceive or defraud others.

5. Third-Party AI Services

IMPORTANT: Our Service relies on third-party artificial intelligence APIs and services to generate images. These include Replicate, Fal.ai, Kie.ai, WaveSpeed, Anthropic (Claude), and Google (Gemini). By using our Service, you acknowledge and agree that:

• Your content will be processed by third-party AI providers.
• These providers have their own terms of service and acceptable use policies.
• We have no control over and assume no responsibility for the content, privacy policies, or practices of third-party AI services.
• AI-generated results may be unpredictable, inaccurate, or inappropriate.
• Third-party services may be modified, suspended, or discontinued at any time.
• Generated images may not perfectly match your expectations or requirements.
• We may change, add, or remove AI providers at any time to improve the Service.

6. Subscription, Credits, and Payment

6.1 Subscription Plans

Access to certain features requires a paid subscription. Subscription details, including pricing and included credits, are available on our website and may change with 30 days' notice. Pro subscriptions include a monthly credit allowance that may accumulate up to a rollover limit.

6.2 Credit System

AI generations and certain features consume credits. Credits can be obtained through:

• Free signup bonus: A one-time allocation of credits upon account creation.
• Subscription allowance: Monthly credit allocation included with paid plans.
• Credit packs: One-time purchases of additional credits. Purchased credits do not expire.

Credit costs per generation vary by AI model and feature. Credits are deducted at the time of generation. If a generation fails due to a technical error on our side, credits will be refunded.

6.3 Payment Terms

• Subscriptions are billed in advance on a recurring basis (monthly or yearly).
• Payments are processed securely through Stripe.
• We reserve the right to change prices with 30 days' notice.
• Failure to pay may result in suspension of your account.

6.4 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. You retain access to the Service and your remaining credits until the end of the paid period.

7. Right of Withdrawal (Widerrufsrecht)

8. Disclaimer of Warranties

You acknowledge that AI-generated content may contain errors, inconsistencies, or unintended elements. You use the Service and any Generated Content at your own risk. This disclaimer does not affect your statutory rights as a consumer under EU law.

9. Limitation of Liability

These limitations do not apply to liability for intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit), liability for damages arising from injury to life, body, or health, or any other liability that cannot be excluded under German law (§§ 309 Nr. 7, 309 Nr. 8 BGB).

10. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless DesignIdea.ai and its owner from and against any claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

• Your use of the Service.
• Your User Content or use of Generated Content.
• Your violation of these Terms.
• Your violation of any third-party rights, including intellectual property rights.
• Any claim that your content caused damage to a third party.

11. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose.
• Attempt to gain unauthorized access to any part of the Service.
• Interfere with or disrupt the Service or servers.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Use automated systems to access the Service without permission.
• Resell or redistribute the Service without authorization.
• Use the Service to compete with us or develop a competing product.

12. Service Modifications and Availability

We reserve the right to:

• Modify, suspend, or discontinue any part of the Service at any time.
• Update these Terms at any time with notice to users.
• Limit access to certain features or users.
• Change third-party AI providers without notice.

We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service, except that we will honor any remaining paid subscription period or allow you to use remaining purchased credits.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

If you are a consumer within the EU, you also benefit from any mandatory provisions of the law of your country of residence.

13.2 Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through:

1. Informal Resolution: First, by contacting us at legal@designidea.ai to attempt good-faith resolution.
2. EU Online Dispute Resolution: The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr.
3. Courts: If informal resolution fails, disputes shall be subject to the jurisdiction of the courts of Cologne (Köln), Germany, unless you are a consumer, in which case the courts of your place of residence apply.

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

14. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Service.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver: Failure to enforce any right does not waive that right.
• Assignment: You may not assign these Terms without our consent. We may assign these Terms freely.
• Force Majeure: We are not liable for failures due to circumstances beyond our reasonable control.

15. Contact Information

For questions about these Terms, contact us at: