1. The Service & Eligibility

1.1. StandOut Engine provides an automated, proprietary rendering and digital mockup generation platform designed for e-commerce and apparel sellers.

1.2. You must be at least 18 years old and capable of forming a binding legal contract to use the Service. If you use the Service on behalf of a company or commercial entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. User Accounts & Security

2.1. Access to the core features requires creating an account via our authentication provider. You agree to provide accurate, current, and complete information during registration.

2.2. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use.

3. Subscriptions, Tokens & Payment

3.1. Token System: Use of the generation engine is metered via digital units ("Tokens"). Generating a high-resolution mockup consumes a designated amount of Tokens (e.g., 100 Tokens per rendered output). Tokens provided as part of a recurring monthly subscription are valid solely for the duration of the respective monthly billing period. Unused subscription tokens expire at the end of each billing cycle and do not roll over to subsequent months. Tokens purchased via one-time packages do not expire.

3.2. Paid Plans & Top-Ups: We offer recurring monthly subscriptions and one-time token packages as displayed on our pricing page. Subscriptions automatically renew each month unless canceled prior to the renewal date via your account settings.

3.3. Small Business Taxation Notice: Due to small business status pursuant to Section 19 of the German Value Added Tax Act (UStG), value-added tax (VAT) is neither charged nor separately stated on invoices.

3.4. Third-Party Payment Processors: Payments are processed securely via external payment providers (such as Stripe). We do not store your full credit card details.

4. Intellectual Property & Commercial License

4.1. Your Designs (Input): We claim no ownership of the graphic designs, typography, illustrations, inspo photos, and other images you upload to the Service ("User Content"). You keep all rights you hold in them. You grant us only the limited license to process and store your User Content, including passing it to our technical and AI service providers, solely to generate your mockups and provide the Service.

4.2. Generated Mockups (Output & Commercial Rights): Upon successful generation, you are granted a perpetual, worldwide, non-exclusive, fully paid-up commercial license to use, publish, display, and distribute the generated mockup images for your commercial business, including but not limited to online store listings (e.g., Etsy, Shopify, Amazon), digital marketing, and social media.

4.3. Our Intellectual Property: We and our licensors retain all rights, title, and interest in and to the StandOut Engine platform, user interface, design systems, algorithms, prompt frameworks, software code, and underlying reference assets. You may not copy, modify, distribute, or create derivative works of our software.

5. Content Warranties & Trademark Indemnification (Crucial)

5.1. Your Responsibility: You represent and warrant that you own or possess all necessary rights, licenses, and permissions for any graphic design, logo, inspo photo, or other image you upload to the Service.

5.2. Strict Prohibition of Infringing Content: You must not upload any content that infringes upon third-party copyrights, trademarks, publicity rights, or other proprietary rights (e.g., unauthorized brand logos, counterfeit goods graphics).

5.3. Indemnification (Freistellung): You agree to defend, indemnify, and hold harmless StandOut Engine, its operator, and affiliates from and against any claims, damages, liabilities, losses, costs, or expenses (including reasonable legal fees) arising out of or related to your User Content, your violation of third-party intellectual property rights, or your violation of these Terms.

5.4. Inspo Photos: Inspo photos serve as inspiration for pose, framing, light, setting, and mood. You may upload an inspo photo only if you are allowed to use it in this way. You must not use the Service to recreate a specific photograph, to imitate a recognizable person, or to reproduce third-party artwork or brands.

6. Prohibited Conduct & Blackbox Protection

You strictly agree NOT to:

• Reverse engineer, decompile, disassemble, or attempt to extract the source code, prompts, internal pipelines, or model directives of the Service.
• Use automated scrapers, bots, or extraction tools to harvest data or bulk-generate images outside the intended user interface.
• Circumvent, disable, or interfere with security features, token limits, or access controls.
• Use the Service to generate defamatory, obscene, pornographic, hateful, or unlawful material.

We reserve the right to suspend or terminate any account immediately without refund if a violation of this Section occurs.

7. Nature of Generative Services & Warranty Disclaimer

7.1. Nature of Automated Rendering: You acknowledge that the Service utilizes advanced automated generation algorithms. Results are generated dynamically; minor artistic variations, lighting differences, or rendering artifacts may occur. We do not guarantee that every generated output will meet your subjective aesthetic preferences.

7.2. "As-Is" Provision: The Service is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

7.3. AI-Generated Results: All mockups are AI-generated images, not photographs of a real person or of your actual product. Because they are generated automatically, a result may resemble an existing image, person, or brand, or may differ from your actual product. You are responsible for reviewing each result before you use it and for following the rules of the marketplaces where you publish it (e.g., Etsy's rules on photos and AI-generated images).

8. Cancellation & Refund Policy

8.1. Immediate Execution of Digital Services: Because token generation initiates digital rendering processes and consumes real-time server resources instantly, Tokens and generated image renders are non-refundable once consumed.

8.2. Consumer Right of Withdrawal (EU Customers): If you are an EU consumer, you have a statutory 14-day right of withdrawal for digital purchases. However, by purchasing and immediately utilizing Tokens to generate mockups, you expressly consent to the immediate performance of the contract and acknowledge that you lose your right of withdrawal once digital rendering has commenced.

8.3. Subscription Cancellation: You may cancel your monthly subscription at any time via your account portal. Cancellation takes effect at the end of the current billing cycle. Unused Tokens tied to an active subscription expire in accordance with your plan rules.

9. Limitation of Liability

9.1. We are liable without limitation for intent (Vorsatz) and gross negligence (grobe Fahrlässigkeit), as well as for damages resulting from injury to life, body, or health.

9.2. In cases of slight negligence (einfache Fahrlässigkeit), we are only liable for breach of an essential contractual duty (Kardinalpflicht). In such cases, our liability is strictly limited to foreseeable, typically occurring contractual damages.

9.3. To the extent permitted by law, we shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, loss of data, shop suspensions, or business interruptions (e.g., issues arising with third-party marketplaces such as Etsy or Shopify).

10. Modifications to the Service and Terms

We reserve the right to update or modify these Terms at any time. We will notify you of material changes by updating the "Last Updated" date at the top of this page or via in-app notification. Your continued use of the Service following such updates constitutes your acceptance of the revised Terms.

11. Governing Law & Dispute Resolution

11.1. These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict of laws principles and the UN Convention on Contracts for the International Sale of Goods (CISG).

11.2. If you are a merchant (Kaufmann), a legal entity under public law, or have no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the operator's place of business in Germany.