Elevate Pix
Legal Information
Terms & Conditions
Please read these terms carefully before using our service.
1. Scope and Contracting Parties
- These General Terms and Conditions (GTC) apply to all contracts for the use of Elevate Pix photo retouching and related subscription services concluded via this website.
- The contracting parties under these GTC are the company operating Elevate Pix, a Backdropify brand (hereinafter "Provider"), and the respective customer (hereinafter "Customer").
- These GTC apply to all offers and services provided by the Provider, particularly AI-assisted retouching of marketplace product photos uploaded by the Customer and monthly subscription plans.
2. Subject Matter of the Contract
- The subject matter of the contract is access to Elevate Pix retouching tools and generation quotas under the selected plan (Free, Pro, or Business).
- The description of the service is derived from the respective product and plan presentation on the website.
- Delivery of results is made exclusively in electronic form (on-screen preview and download).
3. Conclusion of the Contract
- Plan displays on the website do not constitute a legally binding offer but an invitation to submit an offer.
- By creating an account and activating a plan, or by completing Stripe Checkout for a paid plan, the Customer submits a binding offer.
- The Provider accepts the offer by activating the plan and granting access to the generation quota.
4. Prices and Payment Terms
- All prices are as displayed on the pricing page. Paid plans are billed monthly via Stripe unless expressly stated otherwise.
- Payment for paid plans is processed by Stripe using the payment methods offered at checkout.
- Subscription fees become due according to the billing cycle shown at checkout.
5. Delivery of Digital Content
- Upon successful generation, the Customer may preview and download the retouched image within the application.
- The Provider undertakes to produce results in accordance with the service description, within the limits of available AI models and the Customer's remaining quota.
- Digital content shall be deemed delivered when the retouched image is made available for download in the application.
6. Usage Rights and Copyright
- The Customer retains rights to original photos they upload. Upon generation, the Customer receives a simple, non-transferable license to use the retouched output for their own commercial marketplace listings.
- Any resale of Elevate Pix as a standalone service, or use that circumvents plan limits, requires the express written consent of the Provider.
- The software, prompts, and platform remain the intellectual property of the Provider.
- The Customer warrants they have the right to upload and process the submitted images.
7. Right of Withdrawal and Cancellation
- Due to the nature of digital content and immediate service access, statutory withdrawal rights may expire once generation begins or digital content is delivered, where the Customer has agreed to early performance.
- Paid subscriptions may be cancelled via the Stripe customer portal; access continues until the end of the current billing period unless otherwise stated.
- A refund shall only be provided in the case of verifiable defects that the Provider is unable to remedy within a reasonable period.
8. Liability and Warranty
- The Provider shall be liable for damages only in cases of intent or gross negligence, except in the event of breaches of essential contractual obligations (cardinal obligations).
- In the event of slight negligence, the Provider shall only be liable in cases of breach of essential contractual obligations and shall be limited to the typical, foreseeable damages.
- Liability is, as far as legally permissible, limited to the fees paid by the Customer in the twelve months preceding the claim.
- The Provider shall not be liable for outages of third-party providers (e.g. Leonardo AI, Stripe, email delivery) beyond the Provider's control.
9. Data Protection
- The Provider processes the Customer's personal data solely in accordance with statutory provisions.
- The Customer consents to storage and processing of uploaded images and account data as necessary to fulfill the contract, including quality control where required for service delivery.
10. Final Provisions
- The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
- The place of jurisdiction for all disputes arising from this contract shall, if the Customer is a merchant, be the registered office of the Provider.
- Should any provision of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
- Any amendments or additions to these GTC must be made in writing.
By using our service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.