This is an English translation of our German Allgemeine Geschäftsbedingungen. In case of differences, the German version prevails.
1. Provider and scope
(1) AvPad is provided by Intermac systems, Sendnicher Str. 58a, 56072 Koblenz, Germany, email hello@avpad.com, VAT ID DE178012433 ("we").
(2) These terms apply to the use of the website avpad.com, the free image tools and the AvPad studio, including the purchase of credits.
(3) AvPad is available to consumers and businesses. You must be at least 18 years old.
(4) Deviating terms of the user do not apply unless we expressly agree to them in text form.
2. Service
(1) AvPad generates and edits images with AI models from external providers (currently OpenAI and Google). You enter a text description and optionally upload your own images; the selected model produces an image from them. Generated images are stored in your account and can be downloaded, edited further and deleted.
(2) The free image tools (resize, crop, convert, compress, HEIC conversion) can be used without an account within limits.
(3) AI images are suggestions made by the model. We owe the generation of an image based on your input, not a particular result. Images may differ from what you had in mind, contain errors (for example in text, hands or details) or be rejected by the model provider's content filters.
(4) We may develop, add or replace models, features and templates. If a model is discontinued, we offer a comparable model at the same or a lower credit price.
(5) We aim for high availability but do not guarantee it. We announce maintenance where possible. The free tools and features marked "Beta" are provided without any availability commitment.
3. Account
(1) The studio requires an account. You sign in with your Google account. On first sign-in a usage agreement for the free part of the service is formed. While the service is in invite mode, use is possible only after an invitation from us; there is no entitlement to an invitation.
(2) On registration you receive a one-time starting balance (currently 10 credits). The starting balance is not transferable and not payable in cash.
(3) An account may be used by one person only. You are responsible for all activity under your account to the extent it is attributable to you. Creating multiple accounts to circumvent the starting balance or usage limits is prohibited.
4. Credits, prices, payment
(1) Image generations are paid with credits. Each model's credit price is shown before generation. Credits are only deducted when the generation succeeds; if it fails, credits are refunded automatically.
(2) You buy credits in one of three packages: Starter with 70 credits for €15, Popular with 200 credits for €35 and Pro with 550 credits for €85. The packages and their prices are also shown on the pricing page. All prices are final prices in euros including statutory VAT. How many credits an image costs depends on the model and the resolution you choose (such as 1K or 2K) and is shown before each generation.
(3) The purchase contract for a credit package is formed when you click the button labelled "Buy" or "Order with obligation to pay" in the checkout and payment through our payment provider Stripe succeeds. Credits are added to your account immediately; you receive a confirmation by email.
(4) Purchased credits do not expire. They are tied to your account, not transferable and, except in the cases of Sections 5 and 9, not payable in cash.
(5) We may change package prices and the credit costs per model and resolution for the future. Credits already purchased keep their value: they are charged at the credit price that applies to the chosen model and resolution at the time of generation and is shown before it, and we do not raise the credit price of an existing model at a given resolution by more than 100 % without four weeks' notice by email.
5. Right of withdrawal for consumers
Consumers have the following right of withdrawal when purchasing credit packages.
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.
To exercise the right of withdrawal, you must inform us (Intermac systems, Sendnicher Str. 58a, 56072 Koblenz, Germany, email hello@avpad.com) of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Early expiry of the right of withdrawal
The right of withdrawal expires early if you have expressly agreed that we begin performing the contract before the withdrawal period ends and have confirmed your knowledge that you lose your right of withdrawal by giving this consent once performance begins. You give this consent in the checkout by ticking the corresponding box. Until credits from the purchased package are first used, we voluntarily refund the full purchase price on withdrawal.
Model withdrawal form
If you want to withdraw from the contract, please fill out this form and send it back to us.
To Intermac systems, Sendnicher Str. 58a, 56072 Koblenz, Germany, hello@avpad.com:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
6. Acceptable use
(1) You may only upload images for which you hold the necessary rights. Photos of other people may only be used with their consent.
(2) It is prohibited to generate or edit images that
- depict or suggest sexual or sexualised content involving minors,
- show real people without their consent in sexual, violent, degrading or deceptive contexts, including so-called deepfakes,
- are intended to mislead about real events, people or products, such as fake news images, documents or identity cards,
- glorify violence, incite hatred or discrimination, or display symbols of unconstitutional organisations,
- reproduce trademarks, logos, protected characters or third-party works without authorisation,
- violate the usage policies of the model providers (OpenAI, Google).
(3) Automated bulk access, circumventing content filters or usage limits, reverse engineering the service and sharing account access are also prohibited.
(4) In case of a violation we may remove content, disable features or suspend or terminate the account. In case of an intentional violation of paragraph 2, unused credits are forfeited without compensation; otherwise Section 9 remains unaffected. We inform you of a suspension and its reason where legally permitted, and you may respond.
(5) We do not systematically review content but act on notices. Please send reports to hello@avpad.com.
7. Rights in images
(1) You retain all rights in your uploaded images and prompts. You grant us the right to store this content, transmit it to the model providers and process it to the extent necessary to provide the service.
(2) You may use, reproduce, edit and publish generated images without restriction for private and commercial purposes. To the extent rights arise in generated images, we transfer them to you or grant you an exclusive licence unlimited in time and territory.
(3) Please note that under current law in many countries AI-generated images enjoy no or only limited copyright protection, and that similar inputs from other users may lead to similar images. We cannot guarantee exclusivity against third parties.
(4) We do not use your images for advertising, example galleries or model training unless you expressly agree.
8. Labelling of AI images
Images generated by AvPad are AI-generated. When you publish such images, you are responsible for complying with applicable labelling obligations, in particular under the EU AI Act (Regulation (EU) 2024/1689) for images that realistically depict real people, places or events. Where model providers attach technical provenance markers (such as metadata or watermarks), these must not be removed where labelling is legally required.
9. Term, termination, account deletion
(1) The usage agreement runs for an indefinite period. You may terminate it at any time by deleting your account in the settings or by emailing us.
(2) We may terminate the usage agreement with four weeks' notice in text form. The right to terminate without notice for good cause, in particular for violations of Section 6, remains unaffected.
(3) When the account is deleted, your images and prompts are deleted immediately. Download any images you want to keep beforehand.
(4) If unused purchased credits remain when the account is deleted, we refund the proportional purchase price on request (package price divided by the credits it contained, multiplied by the remaining credits). Starting balance and gifted credits are not refunded. If we terminate for good cause under Section 6 (4) sentence 2, no refund is made.
(5) If we discontinue the service altogether, we announce this at least eight weeks in advance by email and refund unused purchased credits under paragraph 4 without a request.
10. Warranty and liability
(1) For the free part of the service we are liable only for intent and gross negligence and for damage from injury to life, body or health.
(2) Statutory warranty rights apply to paid services. We are liable without limitation for intent, gross negligence, damage from injury to life, body or health and under the German Product Liability Act. In case of slight negligence we are liable only for the breach of essential contractual obligations (obligations whose fulfilment makes proper performance of the contract possible in the first place and on whose compliance you may regularly rely), limited to the foreseeable damage typical for the contract.
(3) We are not liable for the accuracy, suitability or legality of generated images, nor for third-party claims arising from your use of generated images or from content you upload. You indemnify us against such claims to the extent the violation is attributable to you.
(4) It is not a defect if an image merely does not meet your expectations or a prompt is rejected by the model provider's content filter. In these cases no credits are deducted, or deducted credits are refunded.
11. Changes to these terms
We may change these terms where required by a change in law, case law, the service or the model providers, provided the change does not unreasonably disadvantage you. We notify you of changes at least four weeks before they take effect by email. If you do not object before the effective date, the changed terms are deemed accepted; we point this out in the notification. If you object, either side may terminate the agreement as of the effective date; Section 9 (4) applies accordingly.
12. Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers habitually resident in another EU country, mandatory consumer protection provisions of that country remain unaffected.
(2) If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Koblenz.
(3) The contract language is German. These terms are also available in English translation; in case of discrepancies the German version prevails.
(4) We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
(5) Should individual provisions be invalid, the remainder of the agreement remains valid.