AIX

Terms and Conditions

for the use of the AIXpose.art platform

Effective Date: October 1, 2025

1 Provider and Contact

Provider of the AIXpose.art platform is:

SmashForward OÜ Sepapaja 6, 15551 Tallinn, Estonia VAT ID: EE102028980 Email: legal@aixpose.art

Correspondence Address Germany Heidestraße 34, 10557 Berlin, Germany

2 Scope and Target Group

  1. These Terms and Conditions apply to the use of the AIXpose.art platform as well as all associated functions, interfaces, website areas, and support services.
  2. The service is exclusively intended for businesses within the meaning of the German Civil Code. Consumers cannot use the platform.
  3. Deviating terms and conditions of the customer apply only if the provider expressly accepts them in text form.

3 Definitions

  1. Customer is the company that creates an account or enters into a subscription.
  2. Users are persons authorized by the customer who use the platform.
  3. Plan is the offer selected by the customer, including price, billing interval, included credit quota, and scope of functions.
  4. Credits are the billing unit within the platform. Certain functions consume credits.
  5. Input is content that the customer uploads or enters, for example real estate photos, floor plans, texts, and property information.
  6. Output are the results generated by the platform, for example visualizations, image variants, or videos.

4 Contract Formation

  1. The contract is formed when the customer selects a plan through the ordering process and payment is successfully set up, or when the provider enables access.
  2. The provider may reject the conclusion if there are legitimate reasons, for example suspicion of abuse or legal risks.

5 Services and Functionality

  1. The provider provides a web-based platform that enables AI-supported visualizations for real estate applications.
  2. The specific scope of functions results from the respective booked plan and the service features displayed in the checkout or customer area.
  3. The provider is obligated to provide the platform within the scope of the plan, not a specific economic success, a specific marketing performance, or a specific conversion.
  4. The provider may further develop the platform and change functions, provided that the core function in the booked plan is not unreasonably restricted.

6 Credits Logic

  1. Within the plan, the customer receives a credit quota per billing period.
  2. Credit consumption is determined by the credits logic displayed in the platform.
  3. Credits are only usable within the active billing period, unless the plan describes a different carryover or transferability.
  4. Additional credits or upgrades can be purchased through the checkout or upon request, as offered.

7 Registration, Account, User Management

  1. The customer sets up an account and provides current, complete company data.
  2. The customer is responsible for managing its users, roles, and access rights.
  3. Access credentials are to be treated confidentially. The customer ensures secure passwords and appropriate internal access restrictions.
  4. The provider may require certain security measures for security reasons, for example multi-factor authentication, if available.

8 Rules for Input, in Particular No Persons and No Public Figures

  1. The platform is intended for processing object-related real estate material, typically without recognizable personal reference.
  2. The customer undertakes not to upload or process content that contains personal data in images, in particular no recognizable persons, no children, no faces, no identification documents, no identifiers with personal reference, and no public figures.
  3. Exceptions are only permitted if the customer demonstrably has all required rights, consents, and legal bases. The customer documents these proofs independently.
  4. The provider is entitled to reject, block, or delete inputs if they violate these rules or cause legal risks. The provider will communicate transparently and cooperatively, as far as practicable.
  5. The customer ensures that its users, service providers, and agencies also comply with these rules.

These rules are central because the platform is designed for real estate visualization and not for processing person representations.

9 Rights to Input and Output

9.1 Rights to Input

  1. The customer retains all rights to the input.
  2. The customer grants the provider a non-exclusive license limited to contract fulfillment for the duration of the contract to store, process, and use the input to generate output.

9.2 Usage Rights to Output for the Customer

  1. The customer receives comprehensive usage rights to outputs created within the scope of an active plan for use in real estate marketing.
  2. The usage rights include in particular:
    • a) Reproduction and distribution
    • b) Making publicly available, including on portals and social media
    • c) Use in exposés, presentations, advertisements, print, project documentation, and websites
    • d) Editing, adaptation, cropping, format conversion, and combination with other content
  3. The usage rights apply worldwide and without time limitation.
  4. The customer may transfer or sublicense outputs to third parties, as far as this is necessary for marketing, for example to owners, project companies, portal operators, printers, and marketing service providers.

9.3 Condition of Rights in Case of Non-Payment

  1. The rights to outputs should be reliably available to the customer. At the same time: If the customer does not pay due fees for the respective billing period, the provider may pause the use of fee-based functions and terminate the contract in case of continued non-payment.
  2. The continued use of outputs that were lawfully created under a paid period remains permitted to the customer. Outputs created in periods with unpaid compensation may not be used commercially until payment is made.

9.4 Reference Use by the Provider

The provider uses customer-specific outputs publicly only with prior consent of the customer in text form.

10 Prohibited Use

Prohibited in particular are:

  1. Upload or processing of illegal content
  2. Infringement of copyrights, trademark rights, personality rights, or data protection rights of third parties
  3. Use to create misleading representations that deliberately misrepresent essential properties of a property
  4. Automated extraction, scraping, reverse engineering, or circumvention of technical protective measures
  5. Use that endangers the stability or security of the platform, including abuse of interfaces or impermissible load

11 Quality Notes on AI Outputs

  1. Outputs are generated automatically. Despite quality optimization, artifacts, unwanted details, or deviations may occur.
  2. The customer checks outputs before publication, in particular for content accuracy, legal permissibility, portal requirements, and required notices.
  3. The provider does not owe error-free detail accuracy of each individual output, unless a manual special service is expressly agreed.

12 Prices, Stripe Payment, Billing

  1. Prices result from the selected plan in the checkout or in the offer.
  2. Billing occurs regularly in advance at the beginning of each billing period.
  3. Payment and invoice provision occur via Stripe. The customer agrees to the electronic provision of invoices and receipts. Stripe may act as controller or processor depending on the role. (stripe.com)
  4. The customer maintains a valid payment method and ensures sufficient coverage.

13 Failed Payment, Pausing, Friendly Dunning Procedure, Termination After 30 Days

  1. If automatic debiting is not successful, the provider informs the customer in text form, for example by email, and requests updating of the payment method or settlement.
  2. As long as payment is outstanding, the provider may temporarily pause access to the platform and fee-based services. This is a usual, fair measure so that fee-based services are only used with active payment.
  3. If the outstanding payment is not fully settled within 30 calendar days after the first notification, the provider may terminate the contract and permanently block access.
  4. The provider will conduct this communication factually, friendly, and transparently. The goal is always to enable simple clarification.

14 Term, Automatic Renewal, Cancellation

  1. The contract runs for one month each and automatically renews for another month each, unless cancelled.
  2. Ordinary cancellation is possible with a notice period of 7 calendar days to the end of the current billing period.
  3. Cancellations are permitted in text form, in particular by email.
  4. The right to extraordinary cancellation for important reasons remains unaffected.

15 After Contract End, Conversion to Free Scope, Limited Access

  1. With contract end, the entitlement to fee-based functions, credit quotas, and extended service scopes of the plan ends.
  2. The provider is entitled to convert the account to the currently offered free scope.
  3. In the free scope, access to content is only possible to the extent that the free scope technically provides at that time. Premium functions or higher capacities are then not available.
  4. This conversion is a usual and proportionate procedure to enable an orderly transition while ensuring that fee-based functions are only used with active payment.
  5. To the extent that download or export functions exist in the free scope, the customer can retrieve its content through them.
  6. The provider may delete content after reasonable periods, provided that no active contract exists and no legal retention obligations oppose. Details result from the privacy policy.

16 Availability, Maintenance, Support

  1. The provider strives for stable availability and performs maintenance, as far as possible, in a planned manner.
  2. Support channels and response times may be plan-dependent and are described in the customer area or in the offer.
  3. The provider may use rate limits and security measures to secure the platform.

17 Liability

  1. The provider is liable without limitation for intent, gross negligence, and for injury to life, body, or health.
  2. For simple negligence, the provider is only liable for breach of essential contractual obligations and then limited to the contract-typical, foreseeable damage.
  3. Liability for lost profit, indirect damages, and consequential damages is excluded, as far as legally permissible.
  4. Liability is overall limited to the fees paid by the customer in the last 12 months before the occurrence of the damage, as far as legally permissible.
  5. Mandatory liability rules, in particular product liability, remain unaffected.

18 Indemnification

The customer indemnifies the provider from claims of third parties that are based on a violation of rights of third parties through input, through impermissible use of the platform, or through publications of the customer, provided that the provider is not responsible for this. The indemnification includes reasonable costs of legal defense.

19 Confidentiality

  1. Both parties treat confidential information confidentially.
  2. Confidential information may only be disclosed to persons who need it for contract fulfillment and are obligated to confidentiality.
  3. The obligation continues after contract end.

20 Data Protection

For the processing of personal data, the privacy policy applies. The platform is designed for object-related real estate content without personal reference. The customer undertakes to comply with the rules in Section 8.

Note: If a customer needs an agreement on data processing in individual cases, the provider can provide such an agreement upon request.

21 Changes to the Terms and Conditions

  1. The provider may adjust these Terms and Conditions if this is necessary for legal, technical, or economic reasons, for example due to legal changes or function changes.
  2. The provider informs the customer in text form.
  3. If a change is essential and unreasonably disadvantages the customer, the customer may cancel the contract at the time of change.

22 Final Provisions

  1. German law applies excluding the UN Sales Law, as far as permissible.
  2. Place of jurisdiction is Berlin, as far as permissible.
  3. Should individual provisions be invalid, the contract remains effective otherwise. The parties replace the invalid provision with a valid one that comes closest to the economic purpose.