General Terms and Conditions (GTC)
Big Pictury GmbH
1. Scope ofapplication
These General Terms and Conditions apply to all contracts between Big Pictury GmbH ("Big Pictury") and its customers for the provision of services in the field of visual communication, consulting, conception, and design of Big Pictures and related formats.
Any deviating terms and conditions of the customer shall not apply unless expressly agreed in writing.
2. Services provided by Big Pictury
Big Pictury provides conceptual, design, and consulting services. The specific scope of services is set out in the respective offer, project contract, or written order.
Big Pictury is not obligated to achieve any specific economic or communicative success, but rather to provide the agreed-upon services in a professional manner.
3. Customer obligations to cooperate
Customersshall provide Big Pictury with all content, information, and decisions required for the project in a timely manner. Delays due to lack of cooperation shall extend the agreed project periods accordingly.
4. Project duration, postponements, and capacities
Project durations shall be defined jointly. Big Pictury shall plan fixed capacities for the agreed period.
If projects are postponed at the customer's request or due to lack of cooperation, replanning may be necessary. Any additional costs incurred as a result may be charged separately.
5. Remuneration andinvoicing
Remuneration is based on the respective offer.
Unless otherwise agreed, invoicing shall be in partial invoices, e.g., monthly at the end of the month, regardless of the actual progress of the project. This applies in particular to longer project durations with reserved capacities.
6. Termination and projectcancellation
In the event of premature termination or cancellation of a project, the services rendered up to that point as well as capacities already planned and not usable for other purposes shall be remunerated.
Any further claims for damages remain unaffected.
7. Rights ofuse
Upon full payment, Big Pictury grants the customer unlimited rights of use to the final work results in terms of time, space, and content.
The right of use includes, in particular, use in:
• internal and external communication
• print and digital media
• presentations, workshops, and events
The following are not granted:
• the right to edit or modify
• the right to pass on to third parties
• the right to commission third parties with further processing
Deviating or extended rights of use require a separate agreement.
8. Copyright Notice
Big Pictury is entitled to mark the deliverables with a discreet copyright notice or logo. Any removal or modification requires prior agreement.
9. Use of AI-Powered Tools
Big Pictury uses industry-standard design and production tools, which may in the future include functions that are wholly or partially AI-powered.
The use of AI is not a separate subject matter of the contract unless expressly agreed upon. A specific technical method of creation (e.g., “without AI”) is not guaranteed.
Big Pictury AI Creator (Free Online Tool)
(1) Subject Matter.
The “Big Pictury AICreator” is a free, AI-poweredonline tool that allows users to automatically generate a visual “Big Picture.” It is independent of Big Pictury’s other paid services; its use is governed by the provisions of this section.
(2) Availability.
Use of the AI Creator is currently free of charge. There is no entitlement to continuous availability, a specific range of functions, or a specific quality of results. Big Pictury may modify, restrict, or discontinue the tool at any time. The tool is in a trial phase (beta).
(3) Use of the Generated Big Pictures.
Big Pictury does not assert any rights of its own to the Big Pictures generated with the AI Creator. Users may freely use the Big Picture they have generated—including for commercial use, editing, and distribution to third parties—without a separate license and without compensation to Big Pictury.
(4) Big Pictury Attribution.
The generated Big Picture contains the notice “Big Pictury AI Creator.” This notice must remain intact with every use. It may not be removed, covered, obscured, or eliminated by editing the image (such as by cropping).
(5) AI-Generated Content – No Warranty.
Big Pictures are generated entirely automatically by AI services and provided “as is.” Big Pictury
makes no warranty that a generated Big Picture is factually correct, complete, original, or free from third-party rights, or that it is suitable for a specific purpose. AI results may contain errors or inaccurate information. The use of the generated Big Pictures is at the user’s own risk; in particular, prior to commercial use, the user must verify the content and permissibility
of the use themselves.
(6) Responsibility for Inputs. The user is responsible for ensuring that they are authorized to use the data they enter—in particular, any entered web address—and that its processing by the AI Creator does not infringe upon the rights of third parties.
(7) Data Protection.
Big Pictury’s Privacy Policy applies to the processing of personal data when using the AI Creator.
(8) Liability.
The liability provisions of these Terms and Conditions (Article 10) apply accordingly to the use of the free AI Creator.
AI Creator Pro (Paid Version)
(1) Scope.
“AI Creator Pro” is the paid version of Big Pictury AI Creator. For a fee, users can unlock and download a generated Big Picture in higher resolution, featuring their own logo and editable text, as a file package.
(2) Activations.
The unit of service is the “activation.” One activation entitles the user to create a Pro export of a Big Picture. Activations are purchased in packages; this is not a subscription. Purchased activations do not expire over time. If Big Pictury permanently discontinues the service, unused activations may expire; Big Pictury will announce the discontinuation with reasonable notice.
(3) Prices and Price Adjustments.
The prices listed on the Pro page at the time of purchase apply. The current prices are introductory prices. Big Pictury reserves the right to adjust prices for future purchases after the introductory phase. Activations already purchased remain unaffected by this.
(4) Conclusion of Contract and Payment.
The contract for the purchase of activations is concluded upon completion of the ordering process. Payment processing is handled by the payment service provider Stripe.
(5) Right of Withdrawal / Immediate Performance.
Consumers are entitled to a statutory right of withdrawal. The activation and export of a Big Picture constitute the provision of digital content. By activating the service, the user expressly agrees that performance begins immediately and acknowledges that they lose their right of withdrawal upon the commencement of performance.
(6) Use of the generated Big Pictures.
The provisions from the Free article apply accordingly: Big Pictury does not assert any rights of its own to the generated image; the user may freely use, edit, and distribute it, including for commercial purposes. The images are provided “as is”; no warranty is given regarding the accuracy of content, originality, or freedom from third-party rights.
(7) User-provided content (logo, text).
If the user uploads a logo or enters text, they warrant that they are authorized to do so and do not infringe any third-party rights (in particular trademark and copyright). The user indemnifies Big Pictury against any third-party claims based on content provided by them.
(8) Big Pictury ID / AI Label.
The final Pro export includes a visible “Big Pictury AI Creator” label; this may not be removed. The raw image additionally included in the package is a text-free working asset and does not bear this visible label. All generated images are marked as AI-generated in a machine-readable format (metadata); the visible identifier appears on the final export.
(9) Availability.
Big Pictury strives for the highest possible continuous availability but does not guarantee a specific level of availability. In the event of temporary disruptions, purchased access rights remain valid.
(10) Nature and Scope of Services.
The Big Picture is a stylized, fully AI-generated illustration with an overall visual character. The agreed scope of services includes the overall composition, high resolution, sharp, authentic text, and the integration of logos and content. Inaccuracies typical of AI in individual image details—particularly in faces, hands, small figures, and in background text or symbols drawn by the image model—are inherent to the AI process and constitute part of the agreed quality. They do not constitute a defect and do not give rise to any warranty claims, in particular no right to a price reduction. The user acknowledges this prior to purchase.
(11) Warranty.
The statutory warranty rights for digital products apply. The quality described in paragraph (10) is decisive; detail inaccuracies typical of AI are not a defect.
(12) Liability.
Big Pictury shall have unlimited liability in cases of intent and gross negligence, in cases of injury to life, limb, or health, and under the Product Liability Act. In cases of simple negligence, liability shall apply only in the event of a breach of a material contractual obligation (cardinal obligation), limited to foreseeable damage typical for the contract. Any further liability is excluded.
(13) Data Protection. The processing of personal data is governed by Big Pictury’s Privacy Policy.
10. Final Provisions
German law applies. The place of jurisdiction is Hamburg, to the extent permitted by law.
Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
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