Terms of Service

1. Contracting party and scope

These Terms govern the contract between you and REexcellent GmbH for use of VivaCreo at vivacreo.com. Mandatory consumer rights in your country remain unaffected. The Legal Notice, Content Rules and Responsible AI Use, Privacy Policy and Withdrawal and Refund Policy form part of the information provided with the service.

2. Eligibility and account

You must be at least 18 years old and legally able to enter into this contract. You must provide accurate information, keep credentials confidential and notify us promptly of suspected unauthorized access. You may not sell, transfer or share an account. We may require email verification and proportionate security checks.

3. Service and AI limitations

VivaCreo provides image generation, editing, upscaling and virtual try-on through probabilistic AI models. Outputs may be inaccurate, biased, unexpected or unsuitable. They are not professional, medical, legal or safety advice. You are responsible for reviewing an output before relying on, publishing or distributing it.

Creations are available only in your private VivaCreo workspace. VivaCreo does not offer public profiles, public galleries or public share links. If you publish a result outside VivaCreo, you are responsible for that publication and any required disclosure.

Features, model parameters and reasonable technical limits may change. We do not promise uninterrupted availability, a particular generation time or that a prompt will produce a specific result.

4. Your content and permissions

You retain your rights in content you upload. You grant us a non-exclusive, worldwide, limited licence to host, copy, transmit, technically modify and process that content only as needed to provide, secure and support the service, comply with law and enforce these Terms. This licence ends when the relevant content is deleted, except for legally required records and temporary backup cycles.

You confirm that you have all rights and permissions needed for each image, prompt, trademark and likeness you submit. For virtual try-on or edits involving a person, you must have that person’s valid permission; you must not upload intimate images or images of minors for sexualized, deceptive or harmful use.

5. Prohibited use

You must also comply with the Content Rules and Responsible AI Use, including the requirements for rights in inputs, consent for a person’s likeness or voice, prohibited content and AI transparency when publishing outside VivaCreo. You may not use VivaCreo to violate law or third-party rights; create or distribute child sexual abuse material, non-consensual intimate imagery, unlawful hate or terrorist content; impersonate or defraud; infringe privacy, copyright or trademark rights; introduce malware; probe or disrupt security; evade rate, safety or billing controls; resell access without written permission; or use outputs for automated high-impact decisions without lawful safeguards and meaningful human review.

We may reject processing, remove or disable access to content, preserve evidence where legally required, and suspend or terminate accounts where reasonably necessary to protect users, third parties or the service. You can report unlawful content or contest a moderation decision through the contact stated in the Legal Notice.

6. Outputs and intellectual property

As between you and us, we claim no ownership of your generated outputs. The legal protectability or exclusivity of AI-generated material is not guaranteed. Similar or identical outputs may be generated for others. Your use remains subject to applicable law, third-party rights and any model-specific restrictions disclosed before use.

VivaCreo is used as the name of the service; no registered-trade-mark status is claimed. The service software, interface, original graphics and documentation are protected only to the extent provided by copyright and other applicable law. No right to copy or present those materials as your own, or to access the underlying service or models, is granted except for the limited use permitted by these Terms.

7. Credits, prices and payments

The credit quote displayed before submission is the number charged for the selected operation. Credits are non-transferable service units, have no cash value and cannot be redeemed for money. Promotional and subscription credits may expire as stated when granted. Separately purchased Top-Up credits currently do not expire, subject to termination and mandatory law.

The total price, currency, applicable taxes, billing interval and essential product features are shown before you place an order. Payments are handled by Stripe. An order is completed only after payment confirmation; a browser redirect alone does not grant credits. Statutory correction, warranty, withdrawal and refund rights are not limited by the credit rules.

8. Subscriptions

Subscriptions renew automatically for successive monthly periods until cancelled. The renewal price and billing date are shown before purchase. You can cancel through the billing portal; cancellation takes effect at the end of the paid period unless mandatory law provides otherwise. Unused subscription credits expire at the end of the applicable billing cycle and do not roll over.

We will give reasonable advance notice of a material price increase or adverse subscription change and explain the available cancellation right. We will not apply a price increase retroactively to an already paid period.

9. Withdrawal and immediate performance

If you are an EU/EEA consumer, you generally have a statutory 14-day right of withdrawal. Details, legal exceptions, the effect of requesting immediate performance and the model withdrawal form are in the Withdrawal and Refund Policy.

An individual AI operation is normally performed electronically and may be fully completed within moments. Once a paid service has been fully performed, the right of withdrawal may expire if the legally required prior request, consent, acknowledgement and information were provided. Successfully delivered and technically usable AI operations are not voluntarily refunded merely because the result differs from subjective expectations.

Adding unused credits or starting a monthly subscription does not automatically prove that every future AI service has already been fully performed. The statutory consequences differ between services and digital content. Your right is not excluded merely by these Terms or by a general “final sale” statement. The checkout confirmation and applicable terms must be supplied on a durable medium.

10. Ending or suspending the service

You may stop using VivaCreo at any time and request account deletion. We may proportionately restrict or suspend access for material breach, fraud, security risk, legal obligation or non-payment. Except where immediate action is reasonably required, we will provide notice and an opportunity to remedy the issue. Termination does not remove accrued payment obligations or records we must retain by law.

11. Statutory warranty and liability

Your mandatory statutory rights for defective digital products remain unaffected. Nothing excludes liability for intent or gross negligence; injury to life, body or health; guarantees; fraudulent concealment; product liability; or any liability that cannot legally be limited.

For slight negligence, we are liable only for breach of an essential contractual obligation and only for the foreseeable loss typical for this contract. This limitation does not apply where mandatory consumer law provides otherwise.

12. Changes to these Terms

We may update these Terms for legal, security or service changes. Material changes affecting an existing paid contract will be notified in advance in a durable form and will not take effect without any consent required by law. The version accepted for an order remains recorded.

13. Governing law and disputes

German law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice does not deprive you of mandatory protection under the law of your habitual residence. Statutory rules on courts and venue remain unaffected.

Unless legally required in an individual case, we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. The former EU Online Dispute Resolution platform was discontinued on July 20, 2025.

14. Contact

Contract and legal notices: help@vivacreo.com. Product and billing requests can be submitted through the Help page. Full operator information is available in the Legal Notice.