Terms of Service

1. Provider and scope

These terms govern the use of Thumbstop (the “Service”), operated by [Full name], [Street and number], [Postal code, City], Germany (“we”, “us”). By creating an account you accept these terms.

The Service is directed exclusively at entrepreneurs within the meaning of § 14 BGB — businesses, freelancers, and agencies acting in their professional capacity. It is not offered to consumers.

2. The Service

Thumbstop generates advertising assets — images, videos, and copy — from the brand and product information you provide, using third-party AI models. Generated output depends on your input and on the behavior of those models; we do not warrant that any particular output will be produced, be free of errors, or be fit for a specific campaign. Review all output before publishing it.

3. Account

You must provide accurate information when registering and keep your credentials confidential. You are responsible for all activity under your account. Accounts are not transferable.

4. Plans, credits, and payment

• Paid plans are billed in advance through our payment provider Stripe, on a recurring basis for the chosen billing period.
• Generation is metered in credits. Credits included in a plan are valid for the billing period stated at purchase; unused plan credits do not carry over unless stated otherwise at purchase.
• Credits are deducted when a generation starts and refunded to your balance if the generation fails on our side.
• All prices are net prices plus applicable VAT, where charged.
• We may change plan prices with effect from the next billing period, with reasonable advance notice. If you do not agree, you may cancel before the change takes effect.

5. Your content

You retain all rights to the content you upload. You grant us the non-exclusive right to store, process, and transmit that content — including to the AI providers named in our privacy policy — solely to provide the Service. You warrant that you hold the rights needed to use the content you upload (including brand assets, product images, and text) and that it does not infringe third-party rights or applicable law.

6. Generated output

To the extent we hold rights in generated output, we assign them to you upon generation; you may use generated assets for your own advertising without restriction. Note that purely AI-generated works may not enjoy copyright protection in every jurisdiction, and similar output may be generated for other customers from similar input. You are responsible for ensuring that your use of generated assets complies with advertising law and the policies of the platforms on which you publish them.

7. Acceptable use

You may not use the Service to:

• create content that is unlawful, misleading, defamatory, or that infringes intellectual-property, personality, or data-protection rights of others;
• generate deceptive advertising, including fake testimonials or impersonation of real persons without their consent;
• probe, overload, or disrupt the Service, circumvent usage metering, or access it by automated means outside the documented interfaces.

We may suspend or terminate accounts that violate these rules.

8. Availability

We operate the Service with reasonable care but do not warrant uninterrupted availability. Maintenance windows, updates, and outages of the third-party AI providers we depend on may temporarily limit the Service.

9. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body, or health, and under the German Product Liability Act. For slight negligence we are liable only for breach of essential contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely), limited to the damage typical for this type of contract and foreseeable at the time of conclusion. Any further liability is excluded.

10. Term and termination

Subscriptions run for the chosen billing period and renew automatically unless cancelled with effect from the end of the current period. You can cancel at any time in your account settings. Either party may terminate for good cause. Upon termination of the account, remaining credits lapse; statutory claims remain unaffected.

11. Changes to these terms

We may amend these terms with effect for the future where the amendment is reasonable for you, in particular to reflect changes in law, in the Service, or in the third-party services we depend on. We will notify you of amendments by email or in the app at least four weeks before they take effect. If you do not object before that date, the amended terms apply; we will point out this consequence in the notification.

12. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is our registered seat. Should individual provisions of these terms be invalid, the remainder stays in effect.