Terms and Privacy Policy

1. Introduction

Welcome to the Terms and Privacy Policy of Deep5 GmbH ("we," "us," or "our"). This document governs your use of our Software-as-a-Service (SaaS) tool that generates AI images ("Service") using the OpenAI GPT-Image-1 API. By accessing or using the Service, you agree to be bound by these terms and our Privacy Policy.

2. Terms of Service

2.1 Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this requirement.

2.2 License

We grant you a non-exclusive, non-transferable, revocable license to use the Service for personal or commercial purposes, subject to these terms.

2.3 Prohibited Uses

You may not use the Service to:

• Violate any applicable laws or regulations.
• Generate content that is offensive, harmful, or infringes on third-party rights.
• Attempt to reverse-engineer, decompile, or otherwise access the underlying technology of the Service.
• Share or distribute generated images in a manner that violates these terms or third-party rights.

2.4 Third-Party API

The Service relies on the OpenAI GPT-Image-1 API for image generation. We do not own, control, or operate this API and are not responsible for its performance, availability, or the content it generates. Your use of the Service is subject to OpenAI's terms and policies, available at https://openai.com. Deep5 GmbH disclaims all liability for any issues arising from the use of the OpenAI GPT-Image-1 API, including but not limited to inaccuracies, errors, or intellectual property disputes.

2.5 Intellectual Property

You retain ownership of any images you generate using the Service, subject to OpenAI's terms regarding the GPT-Image-1 API. We claim no ownership over generated content. However, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process generated images solely to provide and improve the Service.

2.6 Termination

We may suspend or terminate your access to the Service at our discretion, including for violations of these terms. You may stop using the Service at any time.

2.7 Disclaimer of Warranties

The Service is provided "as is" without warranties of any kind, express or implied. We do not guarantee the accuracy, quality, or legality of generated images. We are not responsible for any damages or losses resulting from your use of the Service or reliance on the OpenAI GPT-Image-1 API.

2.8 Limitation of Liability

To the maximum extent permitted by law, Deep5 GmbH shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Service or the OpenAI GPT-Image-1 API. Our total liability shall not exceed the amount you paid for the Service in the preceding 12 months.

3. Privacy Policy

3.1 Data Collection

We collect the following data when you use the Service:

• Personal Data: Name, email address, and payment information (if applicable) when you create an account or subscribe.
• Usage Data: Information about your interactions with the Service, such as prompts entered, images generated, and IP addresses.
• Technical Data: Device information, browser type, and logs to ensure the Service operates correctly.

3.2 Data Use

We use your data to:

• Provide, maintain, and improve the Service.
• Process payments and manage subscriptions.
• Communicate with you, including for support and updates.
• Monitor and prevent misuse of the Service.

3.3 Data Sharing

We may share your data with:

• OpenAI: Prompts and generated images are processed by the OpenAI GPT-Image-1 API. Please review OpenAI's privacy policy at https://openai.com for details.
• Service Providers: Third-party providers for payment processing, hosting, and analytics, who are bound by confidentiality agreements.
• Legal Authorities: If required by law or to protect our rights.

3.4 Data Security

We implement reasonable technical and organizational measures to protect your data. However, no system is completely secure, and we cannot guarantee absolute security.

3.5 Data Retention

We retain your personal data for as long as your account is active or as needed to comply with legal obligations. Generated images and usage data may be retained to improve the Service, subject to applicable laws.

3.6 Your Rights

Under the General Data Protection Regulation (GDPR), you have the right to:

• Access, correct, or delete your personal data.
• Restrict or object to data processing.
• Request data portability.
• Lodge a complaint with a supervisory authority.

To exercise these rights, contact us at the address below.

3.7 Cookies

We use cookies to enhance your experience, analyze usage, and deliver personalized content. You can manage cookie preferences through your browser settings.

4. Governing Law

These terms and your use of the Service are governed by the laws of Germany. Any disputes shall be resolved in the courts of Braunschweig, Germany.

5. Changes to These Terms

We may update these terms and the Privacy Policy from time to time. We will notify you of significant changes via email or through the Service. Continued use of the Service after changes constitutes acceptance of the updated terms.

6. Contact Us

If you have questions about these terms or our Privacy Policy, please contact us at:

Deep5 GmbH
Sophienstraße 33
38118 Braunschweig
Deutschland
Email: [email protected]