TERMS OF SERVICE (AGB)

1. Scope of Application

These Terms of Service ("Terms") govern all contractual relationships between Group of Four Studio GmbH, Berlin, Germany ("Group of Four Studio", "we", "us") and its business partners and clients ("Client", "you") regarding the use of our website as well as all services offered by us, including AI‑based image generation, creative production, consulting, and related services.

Any deviating, conflicting, or supplementary terms of the Client shall not apply unless expressly confirmed in writing by Group of Four Studio.

2. Services

Group of Four Studio provides professional creative services including:

  • Generation of AI‑based images and video-related visual content for commercial use

  • Image editing, post‑production, retouching and adaptation services

  • Creative and technical consulting relating to AI‑powered media generation

The concrete scope of services, timelines, formats, pricing, and delivery milestones are defined individually within proposals, statements of work, or written agreements between the parties.

3. Client Obligations and Warranties

The Client confirms and guarantees that all data, materials, prompts, images, reference files, texts, trademarks, logos, designs, personal photographs or other content supplied to Group of Four Studio ("Inputs"):

  • Are fully owned by the Client or validly licensed for the intended purposes;

  • Are provided with all required model releases, personality rights consents, licenses, and usage permissions;

  • Do not infringe any copyrights, trademark rights, design rights, moral rights, data‑protection rules, or personality rights of third parties;

  • Are lawful and do not violate public order or youth‑protection laws.

The Client remains solely responsible for ensuring that any usage of Outputs is legally permissible in the jurisdictions where they are distributed.

The Client indemnifies Group of Four Studio against all third‑party claims, damages, costs, and legal fees arising from unlawful or rights‑infringing Inputs or misuse of Outputs.

4. Intellectual Property and Usage Rights

4.1 Inputs

Ownership of Inputs remains with the Client. The Client grants Group of Four Studio a limited, non‑exclusive, worldwide license to store, process, modify, and transform Inputs solely for the execution of contractual services.

4.2 Outputs

Upon full settlement of all outstanding invoices, the Client receives a perpetual, worldwide, non‑exclusive right to commercially use the final delivered content ("Outputs") for the agreed purposes.

Unless expressly agreed otherwise, copyright ownership of Outputs remains with Group of Four Studio while exploitation rights are transferred to the Client as defined above.

4.3 Portfolio Usage

Group of Four Studio may reference or showcase finished work for internal documentation, marketing, website portfolio, and sales communications, provided that no confidential business information is disclosed. The Client may object to portfolio usage in writing prior to project completion.

5. AI Technology Disclaimer

The Client acknowledges that Outputs are generated or assisted through probabilistic artificial intelligence systems.

Consequently:

  • Outputs are not guaranteed to be unique;

  • Visual similarities to third‑party works may occur;

  • Consistency between individual generations cannot be guaranteed;

  • Group of Four Studio provides no warranties regarding IP clearance, exclusivity, or infringement‑free status of Outputs.

The Client bears full responsibility for conducting all necessary trademark searches, copyright checks, product compliance validations, and risk assessments prior to public or commercial use of Outputs.

6. Payment and Delivery

Prices and payment schedules are defined in written offers or invoices. Invoices are payable within the stated payment period.

Late payments entitle Group of Four Studio to charge statutory default interest and to suspend services until payment is received.

Delivery occurs digitally unless otherwise agreed. Minor technical variations arising from AI‑generation or formatting limitations do not constitute material defects.

7. Liability

Group of Four Studio shall be liable for damages resulting only from intentional misconduct or gross negligence.

In cases of simple negligence, liability shall be limited to the breach of essential contractual obligations ("Kardinalpflichten") and to foreseeable, typical damages.

No liability is assumed for:

  • Legal fitness, clearance, or marketability of Outputs;

  • Financial or commercial success of Client campaigns;

  • Damages resulting from improper or unlawful use of Outputs.

Liability for bodily injury and under mandatory statutory product liability provisions remains unaffected.

8. Confidentiality

Both parties agree to treat all commercial, technical, and strategic information disclosed during the cooperation as confidential. This obligation continues after termination of any contractual relationship.

9. Governing Law and Jurisdiction

All contractual relationships are governed by the laws of the Federal Republic of Germany excluding conflict‑of‑law provisions and the UN Convention on Contracts for the International Sale of Goods (CISG).

Place of jurisdiction for all disputes is Berlin, Germany.