Terms of Service

for the iOS app "VideoFails – Photo to Video AI" and its landing page

(Effective: May 2025)

1. Scope

  1. These Terms of Service ("Terms") govern every contract and legal relationship between
    • Provider: Selami Selvi, sole proprietor, e‑mail: [email protected], and
    • Users of the iOS application "VideoFails – Photo to Video AI" ("App") including the accompanying one‑page marketing website ("Landing Page").
  2. The version displayed in the App or on the Landing Page at the moment of use or purchase is binding.

2. Description of the Service

  1. The App transforms pictures uploaded by Users into short videos by means of artificial intelligence ("Service").
  2. Each video generation consumes one Credit. Credits are virtual items that can be obtained exclusively via in‑app purchases processed by Apple's App Store.
  3. The resulting video is stored
    • locally inside the App on the User's device, and
    • additionally on the Provider's servers for a maximum of seven (7) days, after which it is automatically deleted.
  4. Downloading, sharing or otherwise using the video is the sole responsibility of the User.

3. Registration & Accounts

  1. The Service can be used without creating an account (anonymous mode). Optionally, Users may sign in via "Sign in with Apple" or Google Sign‑In.
  2. Minimum age: 13 years. Minors require the consent of their legal guardians.
  3. Users may delete their account at any time within the App; all associated data and videos will be erased from the database without undue delay.

4. User Obligations

  1. Users may upload only content for which they own all necessary rights.
  2. The following content is strictly prohibited:
    • Pornographic, violent, extremist or otherwise illegal material;
    • Material infringing any third‑party personality, copyright, trademark or other rights.
  3. In case of violations the Provider may, without prior notice, suspend or delete accounts or individual content; unused Credits are forfeited.

5. Purchase of Credits & Conclusion of Contract

  1. Credits are purchased solely through Apple's in‑app purchase mechanism; Apple's payment terms apply.
  2. By tapping the price button the User submits a binding offer. The contract is concluded once Apple confirms the transaction.
  3. Right of withdrawal: For digital content the statutory right of withdrawal expires once execution (credit top‑up) begins (Section 356 (5) German Civil Code – BGB), provided the consumer has expressly consented to the commencement of execution and acknowledged the lapse of the right; this consent is obtained within Apple's dialog.

6. Redemption & Expiration of Credits

  1. One Credit entitles the User to create one video from one picture.
  2. Credits are tied to the respective Apple/App Store account, non‑transferable, non‑refundable and do not expire.
  3. The Provider may modify the Credit system (price, features, etc.) at any time; Credits already purchased retain their functionality as defined at the time of purchase.

7. Licence Rights

  1. To provide the Service, the User grants the Provider a non‑exclusive, royalty‑free, worldwide licence to store (for up to seven days), technically reproduce, analyse and transform the uploaded picture into a video.
  2. All exploitation rights in the generated videos pass to the User. The Provider retains no rights other than those technically required to deliver the Service.

8. Availability & Liability

  1. The Provider does not warrant uninterrupted availability of the App or servers. Maintenance, updates or outages may lead to downtime.
  2. The Provider is liable – regardless of the legal basis – only
    • for intent or gross negligence,
    • for damages to life, body or health, and
    • under the German Product Liability Act.
  3. In cases of ordinary negligence the Provider is liable solely for typical, foreseeable damages arising from the breach of material contractual duties (cardinal obligations). Any further liability is excluded.

9. Changes to the Terms

  1. The Provider may amend these Terms when justified by objective reasons (e.g. legal changes, new features) and if Users are not unreasonably disadvantaged.
  2. Changes will be communicated by updating the "Effective" date within the App and on the Landing Page. If a User does not object within 30 days of becoming aware, the amended Terms are deemed accepted.

10. Final Provisions

  1. These Terms are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
  2. If the User is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the Provider's registered seat.
  3. If any provision is or becomes invalid, the validity of the remaining provisions shall remain unaffected.

11. Contact

Questions regarding these Terms or the Service?
Selami Selvi – E‑mail: [email protected]

(End of Terms)

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