Terms & Conditions (Businesses)

Effective: 28.08.2026

1. Provider, scope & precedence

These Terms apply to the use of the "Picco-AI" software by entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special public-law funds. The provider, licensor and operating company is Teaser-Factory UG (haftungsbeschränkt) i.G., Fehrbelliner Straße 57, 10119 Berlin, Deutschland — see imprint. Conflicting or deviating terms of the customer do not become part of the contract unless we expressly agree to their validity in writing.

Upon registration of Teaser-Factory UG (haftungsbeschränkt) in the German commercial register, the contract will be continued by the registered company unchanged and without interruption; the customer's rights are fully preserved. We will announce the completed registration in the imprint.

2. Subject matter & license

Picco-AI is desktop software for AI-assisted video production. For the term of the contract we grant the customer a simple, non-exclusive, non-transferable right of use. B2B plans include commercial team use within the agreed scope (number of projects/seats), direct invoicing and commercial exploitation of the generated results. The unlocked scope of functionality depends on the selected plan and is determined server-side via the license. For AI-generated outputs: we cannot warrant copyright protectability or exclusivity; due to the nature of the technology, identical or similar outputs may be generated for third parties.

Insofar as intellectual-property rights arise in the results created with the software, the rights of use belong to the customer within the scope of the selected B2B plan; the customer may exploit the results commercially without restriction. The customer is responsible for the lawfulness of the inputs provided (third-party texts, images, trademarks, voices) and the use of the results, and indemnifies us against justified third-party claims. Depending on how they are created, AI-generated outputs may not reach the threshold of originality required for copyright; we do not warrant any particular IP status of the results.

3. Order processing via Paddle (Merchant of Record) & sales partners

Payment is processed via Paddle.com (Paddle.com Market Ltd.) as Merchant of Record. Paddle is the seller and issuer of invoices towards the customer, charges VAT and remits it. We act solely as licensor. We ourselves do not issue invoices.

If the contract was mediated by a sales or reseller partner, the usage contract for the software is nevertheless concluded exclusively between the customer and us; ordering and payment are handled by Paddle.com Market Ltd. as Merchant of Record (section 3 para. 1); the partner is not a party to the contract and is not authorized to make deviating commitments on our behalf. Scope of services, support and warranty are governed exclusively by these Terms and the plan description. The internal relationship between us and the partner (commission, settlement) is subject to a separate partner agreement and does not affect the customer's rights.

4. Prices & payment

The prices stated in the checkout apply. B2B plans have a 12-month minimum term; the stated monthly price refers to this term. Payments are due in advance for the respective period.

Price adjustments for subsequent periods are permitted no more than once per contract year, must be oriented to the development of our relevant costs (in particular for upstream AI services, infrastructure and payment processing) and are announced in text form at least six weeks before they take effect; they take effect no earlier than the next billing period. If the customer does not object within four weeks of receipt of the announcement, the adjustment is deemed accepted; if the customer objects, either party may terminate the contract as of the date the adjustment takes effect. We point out these consequences in the announcement. If the relevant costs decrease on a sustained basis, we take this into account by the same standards.

5. Term, renewal & cancellation

Unless otherwise agreed, the term is 12 months. It renews automatically for further periods of 12 months each unless cancelled with three months' notice to the end of the term. Extraordinary termination for good cause remains unaffected. No pro-rata refund of fees already paid is granted.

6. Customer obligations

The customer uses the software within the scope of the license, protects license keys against unauthorized access and ensures that only authorized users within the purchased seats have access. AI generation is provided for the regular plans as a managed service via the subscription (the software uses our accounts with upstream third-party AI services for this — currently in particular Google, Anthropic and ElevenLabs, details in the privacy policy (B2B); the included scope depends on the plan). It is prohibited to use the software or the generated outputs to develop or train competing AI models insofar as this violates the terms of the upstream AI services. Optionally, for the concept phase (Phase 1), the customer may additionally connect a locally operated AI model via Ollama, for whose operation the customer is then responsible. In both cases the customer is responsible for the content entered and its lawfulness.

The customer ensures that the software is not used to create or distribute unlawful content — in particular deceptive deepfakes, disinformative or personality-rights-infringing depictions, or practices prohibited under Art. 5 of the EU AI Act. In the event of reasonable suspicion of a serious or continued violation, we are entitled to suspend the affected license after prior notice.

7. Voice cloning & rights in third-party voices

Insofar as the software enables the creation or use of individual AI voices from uploaded audio material ("voice clone"), the following provisions apply in addition. In the event of a conflict they take precedence over the general usage obligations in section 6.

(a) Warranty of rights & obligation to provide evidence. For every uploaded voice sample the customer warrants that it is either the owner of the voice or holds the express, informed, voluntary and documented consent of the voice owner. That consent must cover the cloning of the voice, the creation of synthetic speech recordings and their intended exploitation — expressly including advertising use in the case of commercial use — and must state purpose, scope, duration and the right to withdraw at any time. Where minors are concerned, the consent of the legal guardians is additionally required. The customer retains proof of consent for the duration of use and for three years thereafter and submits it to us in text form within 14 days upon request. If the customer fails to provide such evidence in time, we are entitled to block the affected voice clone.

(b) Express prohibitions. The following are prohibited in particular: cloning or imitating the voice of real persons without their consent, in particular public figures, artists, voice talent, politicians and public officials; creating content that gives the impression that a real person made a statement they did not in fact make, unless this is openly recognisable and takes place within permissible satire, parody, art or journalism; using cloned voices for deception, identity impersonation, circumvention of voice-based authentication procedures, fraud, extortion, harassment, disinformation or election interference; and any use that infringes the general right of personality, §§ 22, 23 KUG (applied by analogy), § 201 of the German Criminal Code (confidentiality of the spoken word), § 263 of the German Criminal Code or Art. 5 of the EU AI Act. The voice of deceased persons may be used only with the consent of those entitled to exercise their rights.

(c) Indemnity. The customer indemnifies us, our legal representatives, employees and vicarious agents against all third-party claims asserted against us on account of the creation, storage, processing or use of a voice clone created or deployed by the customer — in particular claims based on personality rights, data protection law, copyright and neighbouring rights, trademark and competition law, and criminal law. The indemnity also covers — to the extent such pass-through is legally permissible — detriments from administrative proceedings resulting from the customer's conduct, as well as the necessary costs of legal defence including court and lawyer fees at the statutory rate. We will inform the customer of any claim without undue delay, give the customer the opportunity to comment, and will make no admission without the customer's consent. The indemnity does not apply to the extent the claim is based on circumstances for which we are responsible.

(d) Blocking & deletion. Upon reasonable suspicion of a breach of paragraphs (a) or (b), or upon a substantiated complaint by an affected person, we are entitled to block the affected voice clone, the associated audio material and the outputs generated from it without undue delay, to restrict access to the speech-synthesis feature and, in the event of serious or repeated breaches, to suspend the account and terminate the contract for good cause without notice. Where the unlawfulness is manifest or there is imminent danger, blocking takes place without prior notice; otherwise we inform the customer without undue delay, stating the reasons, and give the customer the opportunity to comment. If the customer does not dispel the suspicion within a reasonable period, we delete the blocked voice clone and the associated audio material.

(e) Third-party provider ElevenLabs. Speech synthesis and voice cloning are technically provided via the third-party provider ElevenLabs Inc. (USA). The AI voice-over is included in the regular plans as a managed service via our ElevenLabs account; Professional Voice Cloning (voice clone), by contrast, always requires the customer's own ElevenLabs account and is not part of the managed service. In both cases, in addition to these Terms, the ElevenLabs terms of use, voice-cloning terms and prohibited-use policy (available at elevenlabs.io/terms-of-use and elevenlabs.io/use-policy) as amended from time to time apply; the customer is obliged to comply with them — in particular with their requirements regarding the voice owner's consent — and the restrictions in this section 7 are intended to be at least as strict as those ElevenLabs terms. ElevenLabs Inc. is a third-party beneficiary of the obligations under this section 7 and may itself enforce compliance with them. The customer will cooperate to a reasonable extent in clarifying a concretely substantiated suspicion of misuse; this includes producing the evidence of consent under paragraph (a). Note that under its own terms ElevenLabs permits Professional Voice Cloning exclusively for the account holder's own, verified voice; cloning another person's voice is not permitted there even with that person's consent. We owe the availability and quality of the ElevenLabs services only within the scope of the managed service; suspensions or changes to prices or services by ElevenLabs for which we are not responsible do not constitute a defect in our performance.

(f) Data protection (GDPR). Recordings and models of a human voice are personal data within the meaning of Art. 4(1) GDPR; where they are processed for the purpose of uniquely identifying a natural person they additionally constitute biometric data under Art. 4(14) GDPR, which are subject to the special protection of Art. 9 GDPR. For the processing of third-party voices in the context of voice cloning, the customer is the controller. The customer itself obtains the required legal basis — as a rule the express consent of the voice owner under Art. 6(1)(a) and, where Art. 9 GDPR applies, additionally under Art. 9(2)(a) GDPR — informs the voice owner pursuant to Art. 13 or 14 GDPR and is able to demonstrate consent pursuant to Art. 7(1) GDPR. If the voice owner withdraws consent, the customer ceases use of the voice clone without undue delay and arranges for its deletion, including at ElevenLabs.

(g) Labelling under Art. 50 EU AI Act. Audio content generated with a voice clone is artificially generated content. We are the provider of the Picco-AI AI system within the meaning of Art. 3(3) of Regulation (EU) 2024/1689 and mark generated outputs machine-readably pursuant to Art. 50(2) of the Regulation. Where the customer deploys or publishes such content, the transparency and disclosure obligations of Art. 50(4) of the Regulation apply to the customer as deployer — in particular the obligation to disclose deepfakes as artificially generated or manipulated; the customer is responsible for complying with them upon publication and distribution. For details see AI transparency.

8. Warranty

We warrant the contractually agreed quality of the software. Defects must be notified without undue delay. We provide subsequent performance, at our option, by rectification or by providing a defect-free version. A guarantee is assumed only where expressly designated as such. No-fault claims for initial defects are excluded.

We aim for high availability of the license and activation server. Where the selected plan expressly includes a specific service level (e.g. "priority support" or an availability/response commitment), this applies to the extent described for that plan; the relevant metrics follow from the plan description in the checkout or on the pricing page. Otherwise — in particular for plans without an expressly committed service level — we do not owe any specific availability. Scheduled maintenance windows, disruptions at upstream providers (hosting, payment provider, upstream AI platform, AI providers used by the customer themselves) and force majeure do not constitute a defect. Individual commitments beyond the plan service levels require a separate written agreement.

9. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, for fraudulent concealment of a defect, and to the extent of a guarantee assumed. For slight negligence we are liable only for breach of a material contractual obligation (cardinal duty) whose fulfilment is essential to the proper performance of the contract and on whose observance the customer may regularly rely; in that case liability is limited to the damage foreseeable at the time of contracting and typical for this type of contract. Per event of damage, an amount equal to the fees paid by the customer in the twelve months preceding the damaging event — but no less than one contract year's fees — is deemed foreseeable and typical. These limitations do not apply in the cases listed in sentence 1. The customer is responsible for regular data backups; for loss of data we are liable in cases of slight negligence only up to the recovery effort that would have been incurred had proper backups been made.

10. Data protection & data processing

Details on the processing of personal data are set out in our privacy policy (B2B). Insofar as the content entered by the customer during AI generation contains personal data and this is processed in managed mode via our access, we act as the customer's processor in that respect. A data processing agreement under Art. 28 GDPR, including the sub-processors used, must be concluded before any such processing begins; the customer requests it at the time of contracting via info@teaser-factory.de and we provide it without delay. If the customer uses the optional local Ollama model, this content is not transmitted to us and no processing on the customer's behalf takes place in that respect.

11. Governing law & jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and its conflict-of-law rules. If the customer is a merchant, a legal entity under public law or a special public-law fund, the exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is Berlin, Germany. We are additionally entitled to bring proceedings at the customer's general place of jurisdiction.

12. Final provisions & language version

Amendments and supplements require text form. Should any provision be invalid, the validity of the remaining provisions remains unaffected; the statutory rule takes the place of the invalid provision. The German version of these Terms is authoritative; the English version is a non-binding translation provided without warranty.

13. Changes to these Terms

We notify the customer of changes to these Terms for ongoing contracts in text form at least six weeks before they take effect. If the customer does not object within four weeks of receipt, the changes are deemed accepted; we point out the right to object and the deadline separately in the notification. Material changes to the scope of services remain subject to mutual agreement.

The German version of these Terms is authoritative; the English version is a non-binding convenience translation.

© 2026 Picco-AI · Teaser-Factory UG (haftungsbeschränkt) i.G., Berlin