Terms of Service
Last updated: December 2024
1. Scope
These Terms of Service (hereinafter "Terms") apply to the use of the mobile application "Hairu" (hereinafter "App"), operated by Max App Studio, Raderstraße 16, 54568 Gerolstein (GER) (hereinafter "Provider" or "we").
By downloading, installing, or using the App, you agree to these Terms. If you do not agree to these Terms, you may not use the App.
2. Description of Services
Hairu is a mobile application that allows users to:
- Upload photos of themselves
- Virtually try different hairstyles and hair colors
- Generate realistic preview images with desired hairstyles
- Describe custom wishes via text input
Image generation is performed using artificial intelligence and advanced image processing technology.
3. Contract Formation
The user agreement is formed upon registration and creation of a user account. By registering, you make a binding offer to enter into a user agreement. We accept this offer by activating your account.
4. User Account and Registration
- Registration is required to use the App
- You must be at least 16 years old
- You must provide truthful and complete information
- You are responsible for keeping your access credentials confidential
- Each account may only be used by one person
- Sharing access credentials with third parties is prohibited
5. Usage Rights
5.1 Permitted Use of the App
We grant you a non-exclusive, non-transferable, revocable right to use the App.
Permitted Use:
- Private Use: Using the App for personal purposes
- Commercial Use: Using the App in a commercial context (e.g., hairdressers using the App for their customers)
- Generated Images: Full commercial and private usage rights to all generated images (see Section 8)
5.2 Prohibited Activities
The following activities are expressly prohibited:
- Reselling or sublicensing the App itself to third parties
- Reverse engineering, decompilation, or disassembly of the App or its source code
- Removal or modification of copyright notices, trademarks, or other proprietary markings
- Use of automated systems (bots, scrapers, automated queries) without prior consent
- Abusive or unlawful use that violates these Terms or applicable law
- Overloading or disrupting the App infrastructure or servers
Note: These restrictions apply exclusively to the App software itself, not to the images generated by the App, which you may use without restriction.
6. User-Generated Content
6.1 Uploaded Images
- You may only upload images to which you hold the necessary rights
- You may not upload images of third parties without their consent
- Uploaded images must not contain unlawful, offensive, discriminatory, or violence-glorifying content
- Images of minors may only be uploaded with parental consent
6.2 License Grant
By uploading images, you grant us a worldwide, non-exclusive, royalty-free right to use, store, and process these images solely for the purpose of providing our service (generating hairstyle preview images).
6.3 Prohibited Content and Consequences
Uploading the following content is strictly prohibited and will result in immediate action:
Absolutely prohibited include:
- Pornographic or sexually explicit content
- Violence-glorifying, violent, or extremist content
- Illegal content of any kind (including child pornography, terrorism, hate speech)
- Discriminatory, racist, or inhumane depictions
- Content that violates applicable law
- Depictions of crimes or incitement to commit crimes
Consequences of Violation:
- Immediate and permanent suspension of your account without prior notice
- No right to refund of amounts already paid
- Report to competent law enforcement authorities if criminal activity is suspected
- Civil and criminal prosecution in accordance with applicable laws
- Storage and forwarding of evidence to authorities
Important Notice: We use automated detection systems and conduct random checks. If illegal content is suspected, we are legally obligated to report it to the authorities. Violations will be prosecuted consistently.
7. Payments and Refunds
7.1 Free Trial and Subscription Model
Free Trial:
After downloading the App and creating an account, you can generate one image for free in lower quality. This allows you to test the App's functionality before subscribing.
Subscription Options:
To generate additional images in full quality, you can purchase a paid subscription:
- Monthly subscription
- Annual subscription
Exact prices and available subscription options are displayed in the App's paywall. All prices include applicable value-added tax.
7.2 Payment Terms
Payment is made through the payment methods offered in the App (e.g., in-app purchase, credit card, PayPal). A binding contract is concluded upon completion of the purchase.
7.3 Right of Withdrawal and Refunds
Right of Withdrawal for Digital Content:
According to § 356 para. 5 BGB (German Civil Code), your right of withdrawal expires for contracts concerning the delivery of digital content not supplied on a physical medium if:
- You have expressly agreed that we begin performance before the expiry of the withdrawal period, and
- You have acknowledged that you lose your right of withdrawal by giving your consent once we begin contract performance
By using the App and generating images, you expressly agree that the service is provided immediately and confirm that you thereby lose your right of withdrawal.
No Refund for Services Rendered:
After image generation through our AI technology, refunds are generally excluded because:
- The service has been fully performed
- Significant computing resources and AI infrastructure have been consumed, incurring real costs
- These resources cannot be reversed or refunded
- You have already received the generated results
Exceptions:
Refunds may only be considered in the following exceptional cases:
- Technical errors that make use of the App impossible
- Double charges
- At our discretion in justified individual cases
8. Generated Images
8.1 Ownership and Usage Rights
Complete Rights Transfer:
All images generated by the App belong 100% to you as the user. You receive all rights to the generated images.
You have the unrestricted right to:
- Use the generated images for private purposes
- Use the generated images for commercial purposes
- Publish, share, and distribute the images
- Edit and modify the images
- Use, reproduce, and exploit the images in any manner
The Provider retains no rights to the generated images. You do not need additional permission or license to use your generated images.
8.2 Quality and Accuracy
- We make no guarantee regarding specific accuracy or quality of generated images
- Generated images are preview images and not binding representations of actual hairdresser results
- You are solely responsible for decisions you make based on generated images
9. Availability
- We strive for maximum availability of the App
- There is no entitlement to constant and uninterrupted availability
- Maintenance work may lead to temporary restrictions
- We reserve the right to modify, expand, or discontinue the App at any time
10. Liability
10.1 Limitation of Liability
We are fully liable for intent and gross negligence, as well as for damages resulting from injury to life, body, or health.
For slight negligence, we are only liable for breach of essential contractual obligations (cardinal duties). In this case, liability is limited to foreseeable damage typical for this type of contract.
Liability under the Product Liability Act remains unaffected.
10.2 No Warranty
The App is provided "as is." We make no warranty regarding:
- The accuracy, completeness, or quality of generated images
- The suitability of the App for specific purposes
- Error-free or uninterrupted availability
11. Data Protection
The processing of personal data is carried out in accordance with our Privacy Policy, which is part of these Terms. Please read our Privacy Policy carefully.
12. Termination
12.1 Ordinary Termination
Both parties may terminate the user agreement at any time without notice. You may delete your account at any time in the App settings.
12.2 Extraordinary Termination
We reserve the right to suspend or delete your account without notice if:
- You violate these Terms
- You use the App abusively
- Unlawful content is uploaded
- There is good cause
13. Changes to Terms
We reserve the right to change these Terms at any time. You will be notified of material changes via email or in-app notification. Changes are deemed approved if you do not object within 4 weeks of receiving the change notification. In case of objection, the user relationship ends.
14. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
15. Final Provisions
15.1 Applicable Law
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
15.2 Jurisdiction
Place of jurisdiction for all disputes is [Your jurisdiction], to the extent legally permissible.
15.3 Severability Clause
Should individual provisions of these Terms be or become invalid, this shall not affect the validity of the remaining provisions.
Contact
Provider:
Max Klink / Max App Studio
Raderstraße 16, 54568 Gerolstein (GER)
hi@hairu.app
Last updated: December 2024
