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Terms of service

1. Scope

These terms of service ("terms") apply to all contracts between Gutruhn Hesener (the "provider") and business customers within the meaning of § 14 of the German Civil Code (the "customer") concerning the use of the software platform Refilmer (the "service"). The service is aimed exclusively at businesses, agencies and professional creators; no contracts are concluded with consumers. Deviating terms of the customer apply only if the provider agrees to them in writing.

2. Service description

The service allows the customer to build a digital character from uploaded reference photos, to generate short videos and images with that character from reference clips or text input, to evaluate public metrics of own and third-party social media accounts, to receive suggestions of viral clips, and to archive generated content together with captions and hashtags. The specific scope (number of characters, number of videos and images per character and month, tracked accounts) follows from the booked plan. Unused allowances expire at the end of the month and are not carried over.

Generation is performed by AI models. Results may differ from expectations, may contain errors, and jobs may fail. The provider owes the provision of the service and the execution of jobs, not a particular artistic or commercial result. Failed jobs for which the provider is responsible are not counted against the allowance.

The provider may change the models, sub-providers and technical procedures used as long as the essential scope of the service is maintained.

3. Conclusion of contract, access

The contract is concluded when the provider confirms the booking, usually by e-mail or messenger, together with the set-up of a workspace and the transmission of access credentials. The customer names the users of its workspace; credentials are confidential and must not be passed on to third parties. The customer is liable for actions taken through its accounts to the extent it is responsible for them.

4. Prices, payment, term

The prices agreed at the time of booking apply, plus statutory VAT. Fees are due monthly in advance. The contract runs for an indefinite period and may be terminated by either party in text form with 14 days' notice to the end of a month. In case of late payment the provider may suspend access after a reminder with a reasonable deadline. The provider announces price changes at least four weeks in advance; the customer may then terminate with effect from the date the change takes effect.

5. Customer obligations, acceptable use

The customer warrants that it holds all necessary rights to the photos, videos and texts it uploads and that the persons shown have consented to the use for creating a digital character and to the publication of the generated content. The following is prohibited in particular:

  • creating characters of real persons without their explicit consent, including public figures;
  • creating content that sexualises minors, and pornographic content insofar as the provider's platforms do not permit it;
  • misleading content that suggests a real person said or did something (deepfakes for deception), defamation, harassment, hate speech or glorification of violence;
  • infringing copyrights, trademarks or personality rights of third parties, for instance by imitating protected works;
  • violating the terms of the platforms on which content is published, and automated bulk use of the service.

When publishing content generated with the service, the customer must label it as AI-generated where the respective platform or applicable law (in particular Art. 50 of Regulation (EU) 2024/1689) requires it. In case of violations the provider may remove content and suspend access; the right to terminate for cause remains unaffected.

6. Rights to content

The customer remains the owner of all rights to its uploaded content and receives, for the videos, images and texts generated with the service, all rights of use available to the provider, unlimited in time and territory, for commercial and non-commercial purposes. The customer grants the provider the non-exclusive right to store and process uploaded and generated content and to transmit it to the sub-providers used, insofar as this is necessary to deliver the service. Any further use by the provider, for example for advertising, requires the customer's separate consent.

7. Availability

The provider aims at a monthly average availability of 99 %. Announced maintenance windows, outages of the third-party services used (AI services, social media platforms) and circumstances outside the provider's control are excluded. The statistics and viral features depend on the respective platforms making public data accessible; no warranty is given in this respect.

8. Liability

The provider is liable without limitation for intent and gross negligence and for damage resulting from injury to life, body or health. In case of slight negligence the provider is liable only for the breach of essential contractual obligations whose fulfilment is a prerequisite for the proper performance of the contract, limited to the typical, foreseeable damage and at most to the fees paid in the twelve months preceding the event. Liability for indirect damage, lost profit and loss of reach on social media platforms is excluded to the extent permitted by law. The customer alone is responsible for the content it uploads or generates and for its publication; it indemnifies the provider against third-party claims based on a breach of section 5.

9. Data protection

The processing of personal data is governed by the privacy policy. Where the provider processes personal data on behalf of the customer (in particular photos of persons uploaded by the customer), the parties conclude a data processing agreement under Art. 28 GDPR on request.

10. Confidentiality

Both parties treat non-public information of the other party that becomes known to them in the course of the contract as confidential. This obligation continues for two years after the end of the contract.

11. Changes to these terms

The provider may change these terms with effect for the future where this is necessary for legal or technical reasons. Changes are communicated to the customer in text form at least four weeks before they take effect. If the customer does not object within that period, the changes are deemed accepted; the notice will point out this consequence.

12. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes is the provider's registered office, provided the customer is a merchant, a legal entity under public law or a special fund under public law. Should individual provisions be invalid, the remainder of the contract remains in force.

Last updated: 2026-09-29