Effective Date: [January 9, 2025]
1.1. These Terms and Conditions (hereinafter "T&C") govern the use of the website www.skysparxx.ai and all associated services (hereinafter "Platform") by users (hereinafter "Users").
1.2. The T&C apply to all contracts between Nafis Khan, Magazingasse 12, Top 5, 9020 Klagenfurt am Wörthersee, Austria (hereinafter "Provider" or "SkySparxx AI") and users.
1.3. Deviating, conflicting, or supplementary T&C of the user will not become part of the contract, even if known, unless the provider expressly agrees to their validity in writing.
1.4. By registering on the platform or using the services, the user agrees to the validity of these T&C.
2.1. The provider provides a platform that enables users to create AI-generated images and videos. The use of the platform is based on a credit system that the user can purchase.
2.2. The scope of services and characteristics of AI-generated content may vary and depend on the selected settings, entered prompts, and the respective AI model. SkySparxx AI does not guarantee specific results or the quality of generated content.
3.1. Registration and creation of a user account is required for the use of paid services. The user is obliged to provide truthful and complete information during registration.
3.2. The user is responsible for keeping their access data (password) confidential and is liable for all activities that occur through their user account. In case of suspicion of misuse, the user must inform the provider immediately.
3.3. The provider reserves the right to block or delete user accounts in case of violation of these T&C or applicable law.
4.1. Content generation is based on credits/balance. The user can purchase credits through the payment methods offered on the platform.
4.2. All prices on the platform are quoted in US Dollars (USD).
4.3. The provider is exempt from VAT as a small business according to § 6 para. 1 Z 27 of the Austrian Value Added Tax Act (UStG). Therefore, no VAT is shown on invoices.
4.4. Credits are credited to the user account after successful payment. Purchased credits are non-refundable unless there is a legal right of withdrawal.
4.5. The provider reserves the right to adjust credit prices at any time. Price changes have no effect on already purchased credits.
5.1. Content Filtering and Credit Deduction: To comply with legal requirements and protect against the creation of illegal, offensive, or harmful content, SkySparxx AI uses automated filters. The user acknowledges that generation may fail when entering prompts or using images that violate these filter rules. The credits used for generation are still consumed in this case, as the computing power and API request have already been used for the attempt to create. A refund of credits for filter failures is excluded.
5.2. Failed Credit Transactions: If you purchase credits through one of our payment service providers but they do not appear in your user account within a reasonable period, please contact our support immediately. Please include proof of your payment (e.g., a payment confirmation from PayPal). After reviewing the transaction, the credits will be manually credited to your account.
5.3. Technical Errors in Credit Billing: Despite the greatest care, technical errors may occur that result in more credits being deducted from your account during content generation than indicated on the website. If you notice such an error, please contact our support. After review and confirmation of the error, the incorrectly debited credits will be refunded immediately.
6.1. Right of Withdrawal for Consumers: As a consumer within the meaning of the Consumer Protection Act (KSchG), you have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day of conclusion of the contract (purchase of credits).
6.2. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an email). The statement is to be addressed to: skysparxx.ai@gmail.com.
6.3. Expiry of Right of Withdrawal for Digital Content: The right of withdrawal expires for contracts for the supply of digital content not stored on a physical data carrier (e.g., credits) if the provider has begun execution of the contract (e.g., crediting of credits) after the consumer has expressly agreed that the provider may begin execution of the contract before the expiry of the withdrawal period and has confirmed their knowledge that they lose their right of withdrawal by giving their consent.
6.4. By purchasing credits and using them immediately, the user agrees to the start of contract performance and confirms that they thereby lose their right of withdrawal.
7.1. Copyright on AI-Generated Content: It is legally disputed whether and to what extent AI-generated content enjoys copyright protection. The provider does not warrant that the content created by AI enjoys copyright protection.
7.2. User Rights: The user receives an unrestricted, non-exclusive, transferable, and sublicensable right to use the content they create for personal and commercial purposes, provided they have paid the credits for the generation.
7.3. User Liability: The user is solely responsible for the inputs (prompts, uploaded images, etc.) and the content they create. The user undertakes not to generate content that violates applicable laws (in particular copyright, trademark, personality, or youth protection rights).
7.4. The provider reserves the right to delete content that violates these T&C and to block the user account. The user indemnifies the provider from all claims by third parties arising from the violation of third-party rights by the content created by the user.
8.1. The provider is only liable for damages that are due to intentional or grossly negligent behavior. Liability for slight negligence, except for personal injury, is excluded.
8.2. The provider assumes no liability for the constant availability of the platform or the accuracy, completeness, and timeliness of generated content.
8.3. The provider is not liable for damages caused by force majeure, server failures, technical disruptions, or attacks by third parties.
9.1. The protection of your data is important to us. The processing of personal data is carried out in accordance with the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG).
9.2. Detailed information on the processing of your data can be found in our Privacy Policy.
10.1. Austrian law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of private international law.
10.2. For disputes arising from or in connection with these T&C, the jurisdiction of the competent court in Klagenfurt am Wörthersee is agreed.
10.3. Should individual provisions of these T&C be or become invalid, this does not affect the validity of the remaining provisions. The invalid provision is to be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.