Terms of Service (AGB) – TAILRD

Note: This is an English translation of our German Terms (AGB). It is provided for convenience. In case of discrepancies, the German version prevails.

1. Scope

These Terms govern all contracts and services between TAILRD, Grenzstraße 18, 01640 Coswig, Germany ("TAILRD", "we") and persons using our Telegram bot service ("user", "customer"). Contract language is German. Conflicting customer terms do not apply unless expressly agreed in writing.

2. Service description

TAILRD operates a Telegram bot where users upload their own image data (input data) and receive 80 AI‑generated portraits (results) as digital content. Creation is automated based on the input data. Variations, artifacts or stylistic deviations are technically possible. Sample images are non‑binding and not a guaranteed characteristic.

3. Technical requirements

• Active Telegram account, internet access and a suitable device
• Sufficient image quality of the input data
• Sufficient rights to the uploaded images

4. User obligations; permitted content

• Only image data may be uploaded whose use is lawful (copyright/personality rights).
• Depicted persons must consent to upload and processing; the user obtains any required consents.
• Prohibited are unlawful, offensive, hate‑inciting, harmful‑to‑minors or otherwise impermissible content.
• The user refrains from any use violating laws, third‑party rights or these Terms.

5. Rights in input data; license to TAILRD

The user remains holder of the rights in their input data. The user grants TAILRD a non‑exclusive, worldwide, royalty‑free license limited to the term of the contract to store, copy, prepare and process the input data for contract performance and generating results. We will use data for model training only with the user's separate, explicit consent.

6. Usage rights in results

Upon provision of the results, the user receives a simple, time‑ and territory‑unlimited right of use for private and business purposes. Use may not infringe third‑party rights or violate laws. No credit to TAILRD is required unless mandated by law.

7. Quality, artifacts, deviations

AI methods may lead to artifacts, inaccurate details or stylistic deviations. The results are not a photographic 1:1 reproduction of reality. This does not constitute a defect as long as the agreed number and digital provision of images is fulfilled.

8. No liability for the user's deployment

The user bears the sole risk for using the results across media and contexts. TAILRD is not liable for administrative, legal, economic or reputational consequences of such use (e.g., rejected ads, moderation decisions, professional disadvantages). The user indemnifies TAILRD against all third‑party claims resulting from unlawful use, missing consents or breaches of these Terms.

9. Prices and payment

Prices shown in the bot apply (e.g., Telegram Stars). Prices include VAT where applicable unless stated otherwise. Service begins after successful payment.

10. Delivery, download, availability

After payment, the 80 images are provided within the timeframe stated in the bot. Availability may be limited by maintenance, network or platform issues (e.g., Telegram); there is no claim to permanent availability. The user is responsible for their own backups.

11. Storage period, deletion

Input data and intermediates are regularly deleted after a short period (e.g., 24 hours), unless statutory retention duties apply or explicit consent to longer storage was given. After expiry, data may be deleted; re‑download is then impossible.

12. Right of withdrawal (consumers)

For digital content not supplied on a tangible medium, the statutory right of withdrawal expires once we start performance after the user expressly consented and acknowledged the loss of the right (Section 356(5) German Civil Code). The bot flow captures these confirmations.

13. Defects in digital products

Statutory provisions (Sections 327 et seq. German Civil Code) apply as modified where permitted. Obvious defects must be notified within 14 days after provision. AI‑related artifacts/deviations do not in themselves constitute a defect as long as the agreed quantity was delivered.

14. Liability

TAILRD is liable without limitation for intent and gross negligence. For simple negligence, we are liable only (a) for damages from injury to life, body or health and (b) for breaches of essential contractual duties (cardinal duties) – then limited to the typical, foreseeable damage. Liability under product liability law remains unaffected; otherwise liability is excluded.

15. Platform and third‑party rules

Third‑party terms (e.g., Telegram Terms of Use) apply additionally. Third‑party decisions are outside our control and do not constitute claims against TAILRD.

16. Abuse, suspension, termination

On suspicion of legal violations, abuse or breaches of these Terms, we may review content, suspend accounts, refuse services or terminate contracts for cause. There is no claim to restoration of suspended content.

17. Changes to service / Terms

We may change, improve or temporarily limit the service where legitimate interests (security, performance, compliance) require and it is reasonable. Changes to Terms will be communicated; if the user does not object within 30 days, they are deemed accepted (we will inform about the right to object).

18. Privacy

Details on processing personal data are set out in the Privacy Policy. The user ensures to obtain required consents (e.g., from depicted persons).

19. Consumer information, ODR

The EU Commission provides an online dispute resolution platform: https://ec.europa.eu/consumers/odr/. We are neither obligated nor willing to participate in dispute resolution before a consumer arbitration board.

20. Minors

The service is intended for adults. Minors require consent of their legal guardians.

21. Assignment, set‑off

The user may assign claims from this contract only with our consent. Set‑off is permitted only with undisputed or finally adjudicated claims.

22. Venue, law

German law applies, excluding the UN Sales Convention. If the user is a merchant, a legal entity under public law or a special fund under public law, exclusive venue is Dresden, Germany. Statutory venues apply for consumers.

23. Severability

If any provision is or becomes invalid, the remaining provisions remain unaffected. The invalid provision is replaced by a valid one that comes closest to the economic purpose.

24. Contact

TAILRD, Grenzstraße 18, 01640 Coswig, Germany · Email: support@tailrd.art