Consumer Terms of Service

Effective 14 Nov 2024

Welcome to 20Vision! We invite you to carefully review these User Terms of Service before proceeding to access our services.

The following Terms of Service ("Terms") and our Usage Policy (alternatively referred to as our "Acceptable Use Policy" or "AUP") establish the agreement between you and 20Vision GmbH ("20Vision") regarding the use of Portal and related services we may provide for individuals, including any associated applications, software, and websites (collectively referred to as our "Services"). We encourage you to thoroughly review and understand these terms. By utilizing the Services or explicitly agreeing to these Terms, you accept to be bound by all conditions contained herein, including any modifications that may be implemented in accordance with these Terms. Our partners, licensors, distributors, and service providers (collectively "Providers") are not parties to these Terms.

1. Our Identity and Purpose

20Vision is dedicated to ensuring Humanity's Eternity through the advancement of knowledge, energy, and life itself. We maintain our commitment to pushing the boundaries of what's possible while ensuring responsible and ethical development of our services.

2. Account Creation and Service Access

Age Requirements

Service access is restricted to individuals who have reached the age of 18 or above.

Your 20Vision Account

To utilize our Services, you will need to establish an account (referred to as your "Account"). This process requires you to submit specific information, including a valid email address, and establish a secure password. You hereby confirm that all information provided will be accurate, current, and complete. Furthermore, you authorize us to employ this information for service-related communications. Should any of your provided information change, you agree to promptly notify us of such changes. Any official communications we send using your provided information will fulfill all legal notice requirements.

Account Security and Access

The sharing of your Account credentials, including login information and password, with any other individual is strictly prohibited. Additionally, you may not make your Account accessible to others. You bear full responsibility for all activities that occur under your Account. In the event you become aware of any unauthorized access to your Account, you agree to notify us immediately by contacting support@20.vision.

Account Termination

You retain the right to close your Account at any time by submitting a request to support@20.vision. The process and implications of account closure are detailed in subsequent sections of these Terms.

Account Inactivity

We reserve the right to deactivate accounts that have remained inactive for a period exceeding twelve months, provided there are no active paid subscriptions associated with the account. Prior to any such deactivation, we will provide advance notice to the email address associated with your account.

3. Service Usage Guidelines

Permitted Usage

Access to and utilization of our Services is permitted exclusively in accordance with these Terms, our Acceptable Use Policy, and any additional guidelines or supplementary terms we may publish on the Services (collectively defining the "Permitted Use").

Prohibited Activities

You are expressly prohibited from accessing, using, or assisting others in accessing or using our Services in the following ways:

  • In any manner that contravenes applicable laws or regulations—including, but not limited to, any laws concerning data or software export from the European Union or other relevant jurisdictions.
  • To develop any products or services that compete with our Services, including using our image generation technology to train or develop competing AI models or services.
  • To attempt to decompile, reverse engineer, disassemble, or otherwise reduce our Services to human-readable form, except where such restrictions are explicitly prohibited by applicable law.
  • To engage in automated data collection, scraping, or harvesting from our Services beyond what is explicitly permitted under these Terms.
  • To utilize our Services or generated content to gain unauthorized access to any system or information or to deceive any individual.
  • To infringe upon, misappropriate, or violate any intellectual property rights or other legal protections (including rights of publicity or privacy).
  • To access the Services through automated means or non-human methods, including bots, scripts, or other automated processes, unless explicitly authorized by us in writing.
  • To engage in any conduct that we reasonably determine could restrict or inhibit any person from using our Services, or that might expose us—or any of our users, affiliates, or third parties—to potential liability, damages, or detriment of any kind, including reputational harm.

Service Protection

You must not engage in activities that abuse, harm, interfere with, or disrupt our Services, including but not limited to:

  • Introduction of malicious software or code
  • Engaging in denial-of-service attacks
  • Attempting to circumvent any of our security measures
  • Overloading our infrastructure
  • Interfering with the proper functioning of our services

4. Content Usage, Prompts, and Generated Images

Definitions

When using our Services, you may submit images, text descriptions, or other materials for processing (referred to as "Prompts"). Our Services will generate image-based responses to your Prompts (referred to as "Outputs"). Prompts and Outputs are collectively referred to as "Materials."

Rights and Responsibilities

You maintain responsibility for all Prompts you submit to our Services. You must ensure that:

  • You possess all necessary rights, licenses, and permissions for any images or content included in your Prompts.
  • Your submission of Prompts complies with these Terms, our Acceptable Use Policy, and all applicable laws and regulations.
  • You have the legal right to use and submit any third-party content included in your Prompts.

Ownership and Rights

To the extent permitted by applicable law:

  • You retain any existing rights you hold in your Prompts.
  • Subject to your compliance with these Terms, we assign to you all our right, title, and interest (if any) in Outputs generated specifically for you through our Services.
  • You grant us a non-exclusive, worldwide, royalty-free license to use, store, and process your Prompts as necessary to provide and improve our Services.

Important Considerations

Please be aware that artificial intelligence and image generation technologies represent evolving technologies that continue to improve in accuracy, reliability, and safety. When using our Services, you acknowledge and agree that:

  • Generated images may not always perfectly match your intentions or requirements.
  • You should review all generated content before using it for any purpose.
  • The Services and any Outputs may not always reflect current, complete, or entirely accurate information.
  • Generated images may contain imperfections, artifacts, or unintended elements.

Service Enhancement

We may use Materials to maintain, improve, and enhance our Services. However, we will not train our models on any Materials that are not publicly available, except in cases where:

  • You provide explicit feedback about the Materials through our designated feedback channels.
  • Materials are flagged for trust and safety review, in which case we may analyze them to improve our safety mechanisms.

5. Credits, Subscriptions, and Payment Terms

Credit System

Our Services operate on a credit-based system. Credits are required to generate AI images and can be obtained through:

  • Monthly subscription plans that provide a fixed number of credits each billing cycle
  • One-time credit purchases
  • Free credits that may be available through our reward system (subject to availability)

Credit Expiration

Credits have different expiration terms based on how they were obtained:

  • Subscription credits expire at the end of each billing cycle (monthly subscription period)
  • Purchased credits expire 60 days from the date of purchase
  • Free credits, when available, expire 60 days from the date they are claimed

Payment Processing and Billing

All payments are processed through Stripe, our authorized payment processor. When purchasing credits or subscribing to our Services, you must provide complete and accurate billing information ("Payment Method").

By providing your Payment Method, you confirm that:

  • The payment method being used belongs to you, or you have explicit authorization from the account holder to use it
  • You accept responsibility for any unauthorized use of the Payment Method
  • You authorize us to charge applicable fees and taxes to your Payment Method

Subscription Terms

Subscription plans provide a fixed number of credits on a monthly basis. The number of credits and pricing for each plan are detailed on our pricing page. Each subscription automatically renews monthly unless canceled. Subscription credits are deposited at the start of each billing cycle and expire at the end of that cycle.

One-Time Credit Purchases

One-time credit packages are available in various denominations as displayed on our pricing page. Purchased credits are valid for 60 days from the date of purchase. Any unused credits will expire after this period.

Subscription Changes and Cancellation

You may modify or cancel your subscription at any time through:

  • Your account settings in the customer portal
  • Contacting our support team

Upon cancellation:

  • No refund will be provided for the current billing period
  • You will maintain access to your current credits until they expire
  • Subscription credits will expire at the end of the current billing period
  • Purchased credits will remain valid for their original 60-day term

European Consumer Rights

If you are a consumer within the European Union, you have the right to withdraw from your subscription within 14 days without providing a reason. To exercise this right:

  • Notify us of your decision to withdraw before the 14-day period expires
  • Contact our support team through the customer portal or via email
  • We will process any applicable refund within 14 days of receiving your withdrawal notice

Price Changes

We reserve the right to modify our subscription plans and credit prices with advance notice. If we change our pricing:

  • We will provide at least 30 days notice before implementing any price increase
  • Changes will not affect your current subscription term or previously purchased credits
  • You may cancel your subscription before the new pricing takes effect

6. Third-Party Services and Integrations

Third-Party Responsibilities

In relation to third-party services:

  • We carefully select our service providers but cannot assume direct responsibility for their operations
  • We do not guarantee the continuous availability of third-party services
  • We make no representations or warranties regarding third-party services
  • Your use of such services may be subject to separate terms and conditions from these providers

Service Limitations

Please be aware that:

  • Service availability may be affected by the performance or availability of third-party providers
  • Processing times may vary based on server load and third-party service conditions
  • We will make reasonable efforts to maintain service quality but cannot guarantee uninterrupted service

Data Processing

Regarding data handling with third-party services:

  • Your images and prompts may be processed through third-party infrastructure
  • We ensure appropriate data protection measures are in place with our providers
  • We maintain compliance with applicable data protection regulations
  • Processing is conducted in accordance with our Privacy Policy

Risk and Liability

Your use of our Services, including integrated third-party services:

  • Is at your own discretion and risk
  • We will not be liable for any loss or damage arising from third-party service issues beyond our reasonable control
  • You may be subject to additional terms, conditions, or policies of third-party providers

7. Software and Platform Updates

Platform Updates

To ensure optimal performance and enhance your experience with Portal:

  • We may deploy updates to our platform and services at any time without prior notice
  • These updates may include improvements to our image generation capabilities
  • Updates may modify, add, or remove certain features or functionalities
  • Service availability may be temporarily affected during update deployments

Web Interface

Regarding our web-based platform:

  • Access requires use of a modern, up-to-date web browser
  • We recommend enabling JavaScript and maintaining current browser versions
  • Some features may require specific browser settings or capabilities
  • We strive to maintain compatibility with major web browsers

Technical Requirements

To ensure optimal service performance:

  • Your device must meet minimum technical specifications
  • A stable internet connection is required
  • Image uploads must comply with our specified format and size requirements
  • Certain features may have additional technical requirements

Service Evolution

As our technology evolves:

  • New features and capabilities may be introduced
  • Existing features may be modified or enhanced
  • We may optimize our image generation algorithms
  • User interface elements may be updated or redesigned

Compatibility

While we strive to maintain broad compatibility:

  • We cannot guarantee functionality on all devices or browsers
  • Older browser versions may not support all features
  • Mobile device compatibility may vary
  • We recommend using the latest version of major web browsers

8. Intellectual Property Rights and Ownership

Service Ownership

Portal and related services are owned, operated, and maintained by 20Vision GmbH and our technology partners. Specifically:

  • The platform, including its underlying technology and infrastructure, remains the exclusive property of 20Vision GmbH
  • The image generation algorithms and models are operated in partnership with our technology providers
  • All intellectual property rights in the service are reserved by 20Vision GmbH and our partners

Generated Content Rights

Regarding images generated through our service:

  • You receive usage rights to images generated specifically for your account, subject to payment of applicable fees
  • Generated images must be used in compliance with these Terms and our Acceptable Use Policy
  • You may not claim intellectual property rights in our underlying technology or algorithms
  • Attribution to 20Vision is appreciated but not required for generated images

Branding and Trademarks

Our brand identity elements are protected:

  • The "20Vision" name and logo are registered trademarks
  • "Portal" and related product names are our intellectual property
  • Use of our trademarks requires explicit written permission
  • To request permission for trademark usage, contact marketing@20.vision

User Submissions

Regarding content you submit to our service:

  • You retain ownership of original content you upload
  • You grant us necessary licenses to process your content for service provision
  • You must have rights to any content you submit
  • We respect third-party intellectual property rights

Restrictions

The following activities are prohibited:

  • Reverse engineering our technology or algorithms
  • Creating derivative services based on our platform
  • Attempting to extract or replicate our image generation models
  • Using our service outputs to train competing AI systems

9. Warranties, Liability, and Indemnification

Service Provision

While we strive to provide excellent service quality:

  • Our Services are provided on an "as is" and "as available" basis
  • We continuously work to improve our image generation technology
  • Service availability and performance may vary

Legal Rights and Consumer Protection

Nothing in these Terms excludes or limits our liability for:

  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Any matter where it would be unlawful to exclude or limit our liability
  • Your statutory rights as a consumer under applicable EU law

Limitation of Liability

Subject to the above exceptions, our liability is limited as follows:

  • Our total liability for any losses arising from these Terms will not exceed the greater of:
    • The amount you paid for our Services in the six months prior to the incident
    • €100
  • We are not liable for any loss or damage that is not reasonably foreseeable
  • We are not responsible for business losses as our service is for personal use only

Service Performance

Regarding service performance and outputs:

  • We cannot guarantee specific results from our image generation service
  • Generated images may vary in quality or accuracy
  • Processing times may vary based on system load and complexity
  • Service interruptions may occur for maintenance or updates

User Responsibilities

You acknowledge and agree that:

  • You are responsible for reviewing and validating generated content
  • You must ensure compliance with applicable laws and regulations
  • You must obtain necessary rights for any content you upload
  • You use the service at your own risk

Indemnification

You agree to indemnify and hold harmless 20Vision GmbH from:

  • Claims arising from your violation of these Terms
  • Unauthorized use of the Services
  • Violation of any third-party rights
  • Misuse of generated content

10. General Terms

Service Modifications

As our technology evolves, we may need to update our services:

  • We reserve the right to modify, suspend, or discontinue any aspect of our Services
  • We will provide at least 30 days' notice for material changes affecting service functionality
  • Urgent changes (security, legal compliance, technical stability) may be implemented immediately
  • If you disagree with any changes, you may terminate your subscription and receive a pro-rata refund

Terms Modifications

These Terms may be updated:

  • We will notify you of significant changes 30 days in advance
  • Continued use of our Services after changes indicates acceptance
  • Changes required by law may take effect immediately
  • Current Terms are always available on our website

Account Termination

We may terminate or suspend access to our Services:

  • For material violations of these Terms
  • To comply with legal requirements
  • For security reasons
  • After 12 months of account inactivity

Severability

If any provision of these Terms is found to be unenforceable:

  • That provision will be modified to the minimum extent necessary
  • Remaining provisions continue in full effect
  • Invalid terms will be replaced with valid terms of similar intent

Assignment

  • 20Vision may assign these Terms without restriction
  • Users may not assign their rights without our written consent
  • These Terms bind and benefit the parties' successors

Entire Agreement

These Terms constitute:

  • The complete agreement between you and 20Vision
  • Supersede all prior agreements and understandings
  • Can only be modified in writing by 20Vision

Waiver

Regarding enforcement of these Terms:

  • Failure to enforce any right doesn't waive that right
  • Any waiver must be in writing
  • Waiver of one breach doesn't waive subsequent breaches

Force Majeure

We are not liable for failures or delays due to:

  • Circumstances beyond our reasonable control
  • Natural disasters or acts of nature
  • Internet service provider failures
  • Third-party service provider outages

11. Dispute Resolution and Governing Law

Governing Law

Legal framework governing these Terms:

  • These Terms are governed by Austrian law
  • EU consumer protection laws apply where mandatory
  • Local laws may provide additional consumer rights

Jurisdiction

For legal proceedings:

  • Primary jurisdiction lies with the competent courts in Vienna, Austria
  • EU consumers may also file legal proceedings in their country of residence
  • Mandatory local consumer protection forums remain available

Dispute Resolution

Process for resolving disagreements:

  • We encourage direct resolution through support@20.vision
  • Formal complaints should be submitted in writing
  • We aim to respond to disputes within 14 business days
  • Alternative dispute resolution mechanisms are available

Online Dispute Resolution

For EU consumers:

  • Access to the EU's online dispute resolution platform is available at: http://ec.europa.eu/consumers/odr/
  • This platform provides an out-of-court resolution mechanism
  • Use of the platform is voluntary and non-binding

Contact Information

For legal notices and dispute resolution:

20Vision GmbH

Anisgasse 30

1220 Vienna

Austria

Email: support@20.vision

Language

Regarding communication and proceedings:

  • These Terms are provided in English
  • Official communications may be in English or German
  • Legal proceedings may require German translation
  • In case of discrepancy, the English version prevails

Consumer Rights

Protection of consumer interests:

  • These Terms do not limit your statutory consumer rights
  • Local consumer protection laws remain applicable
  • Mandatory consumer protection provisions prevail
  • Right to withdraw from distance contracts remains valid

12. Final Provisions and Contact Information

Contacting Us

For any questions about these Terms or our Services:

20Vision GmbH

Anisgasse 30

1220 Vienna

Austria

General Inquiries: support@20.vision

Marketing: marketing@20.vision

Model Cancellation Form

[Complete and return this form only if you wish to cancel the contract]

To: 20Vision GmbH (support@20.vision, Anisgasse 30, 1220 Vienna, Austria):

Subject: Cancellation Request

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the provision of Portal services:

  • Ordered on [*]
  • Name of Consumer(s):
  • Email address of Consumer(s) used to process the order:
  • Address of Consumer(s):
  • Signature of Consumer(s): (only if this form is notified on paper)
  • Date:

[*] Delete as appropriate

Document Information

  • Terms of Service Version: 1.0
  • Last Updated: 14 Nov 2024
  • Effective Date: 14 Nov 2024

Acknowledgment

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

Impressum

Information according to § 5 ECG und § 14 UGB, § 25 MedienG:
20Vision GmbH
Corporate Register Number: 578589t
Company register court: Commercial Court of Vienna
Business Purpose: Softwaredevelopment
UID Number: ATU78179659
Member of the WKÖ: https://www.wko.at/ 
Authority in Charge: magistrate in charge for the 22th district
Consumers have the right to file complaints to the online complaint system of the EU: http://ec.europa.eu/odr  They can also file complaints to the email above. There is no disposition for the participation in such proceeds.
RIS-Gewerbeordnung: RIS - Gewerbeordnung 1994 - Bundesrecht konsolidiert: https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10007517 

© 2024 20Vision GmbH. All rights reserved.