Terms and Conditions

1.1 These Terms apply to all contracts between Ferkelkram GmbH and users of the ferkelkram.de website and the associated AI studio (together, “Ferkelkram” or the “Service”).

1.2 Any deviating terms of the user apply only if Ferkelkram GmbH has expressly agreed to them in text form (Textform).

1.3 Users may be consumers or traders. A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession. A trader is a natural or legal person or a partnership with legal capacity that, when entering into the contract, acts in the exercise of its trade, business or profession.

1.4 Ferkelkram’s Content Policy forms part of these Terms. The Privacy Policy also applies. The Privacy Policy provides information about the processing of personal data and does not form part of the contractual description of the Service.

Your contracting party is: Ferkelkram GmbH Ruffiniallee 30A 82166 Gräfelfing Germany Represented by its managing director: Günther Vollert Email: [email protected] Telephone: +49 89 2173212

Contract-related enquiries and requests for technical support may be sent to [email protected]. Legal notices, reports of illegal content and other communications under the Digital Services Act may be sent to [email protected].

3.1 The presentation of the Service and the available credit packs on the website does not constitute a legally binding offer, but an invitation to submit an offer.

3.2 An account is generally required to use the studio. By submitting the registration form, you make an offer to enter into a free user agreement. Ferkelkram GmbH may accept this offer by activating the account, issuing a corresponding confirmation or making the Service available. If confirmation of your email address is required, use of the account may remain restricted until confirmation has been completed.

3.3 If you register using Google Sign-In, the information required to create the account is transmitted by Google. In this case too, the user agreement is formed only when the account is activated, express confirmation is issued or the Service is made available.

3.4 When purchasing a credit pack, you make a binding offer to purchase the selected pack by clicking the appropriately labelled order button. You may identify and correct input errors before submitting the order. The contract is formed when Ferkelkram GmbH confirms the order, accepts the payment or credits the purchased credits to your account.

3.5 The order confirmation and the contract information required by law will be provided on a durable medium, in particular by email. The contract language is German.

4.1 The Service may be used only by natural persons who are at least 18 years old and have full legal capacity. If a higher age of majority applies at your place of residence or stay, you must also have reached that age.

4.2 By registering, you confirm that you meet the requirements set out in Section 4.1. If there are reasonable grounds for doubt, Ferkelkram GmbH may request suitable proof of age and restrict access until the matter has been clarified.

4.3 You must provide complete and accurate information when registering. Any changes to the information stored in your account, particularly your email address, must be updated in the account or reported to support without undue delay.

4.4 Login credentials must be kept confidential and protected against access by third parties. Accounts may not be sold, transferred, rented out or permanently made available for use by another person. If you suspect unauthorised use, you must notify Ferkelkram GmbH without undue delay at [email protected].

4.5 You are liable for activities conducted through your account only to the extent that you are responsible for them. Ferkelkram GmbH may take temporary protective measures, including suspending the account or requiring you to sign in again, if there are specific indications of unauthorised access.

4.6 A small amount of free starter credit may be granted after confirmation of your email address. There is no entitlement to starter credit. Starter credit cannot be paid out and may be limited to particular features, models or periods of use, provided that any such restriction is clearly stated when the credit is granted.

5.1 Ferkelkram is an AI-powered creative studio. In particular, registered users can use text prompts and their own uploads to create or edit images and short videos of fictional adults.

5.2 Depending on the features currently available, the Service may offer, in particular, text-to-image, image-to-video and text-to-video generations, image editing, photoshoots based on your own photos, outfit changes, and duo or kissing scenes. The features, models, formats, resolutions and credit costs displayed in the user interface at the relevant time apply.

5.3 Prompts, uploads and settings are processed automatically to perform the requested generation and may be transmitted for this purpose to integrated AI model and inference providers. Further details are provided in the Privacy Policy.

5.4 AI systems produce results probabilistically. Even when the same input is used, results may differ, be incomplete, contain visual errors or fail to meet your expectations. No particular artistic, technical, commercial or other outcome is owed unless expressly agreed otherwise.

5.5 Created content is generally stored privately in your account’s personal library. Subject to the available features, it can be viewed, downloaded and deleted. Ferkelkram is not a public social network and does not publish created content merely because it has been generated.

5.6 You are responsible for reviewing results before use to determine their factual accuracy, suitability and lawfulness and whether they may infringe third-party rights. In particular, Ferkelkram does not warrant that a result is unique or bears no similarity to other existing content.

6.1 Ferkelkram GmbH endeavours to keep the Service available with as few interruptions as possible. However, a specific level of availability is owed only if expressly agreed.

6.2 Temporary restrictions may result, in particular, from maintenance, security measures, technical faults, capacity limits, failures of telecommunications networks or third-party services, or events outside Ferkelkram GmbH’s reasonable control.

6.3 Ferkelkram GmbH may develop, replace or discontinue features, models and user interfaces, provided that users’ legitimate interests are appropriately taken into account and the contractual use of purchased credits is not unreasonably impaired.

6.4 In the event of significant restrictions that are not merely temporary, Ferkelkram GmbH will offer appropriate remedies. Statutory warranty rights remain unaffected.

7.1 Generations and certain editing operations are paid for using credits. The number of credits required will be displayed before the operation is performed or in the user interface.

7.2 Credits are offered in packs for a one-time payment. They are not a subscription. There is no automatic renewal or recurring charge.

7.3 Prices are displayed in US dollars (USD). Where applicable, taxes and other price components will be shown during the order process. Depending on the selected payment method and the account currency, the payment service provider or account-holding institution may carry out currency conversions using its own exchange rates and may charge additional fees. Ferkelkram GmbH has no control over such third-party exchange rates or fees.

7.4 Payments are processed through the third-party provider specified during the order process, [Zahlungsdienstleister]. The terms of the respective payment service provider additionally apply insofar as they concern the payment processing relationship.

7.5 Credits will be added to the account following successful confirmation of payment. Ferkelkram GmbH may withhold activation until payment has been received or bindingly confirmed.

7.6 Credits are not legal tender, electronic money or a transferable asset. They may be used only within Ferkelkram, may not be transferred between accounts and, subject to mandatory statutory claims, cannot be redeemed for cash.

7.7 Purchased credits do not expire for as long as the account remains in existence. The consequences of account deletion or termination of the contract are governed by Section 15.

7.8 If a generation is not successfully completed due to an identified technical error, the credits deducted for it will generally be credited back automatically. A technically successful result that merely differs from your subjective expectations is not considered a failed generation. Statutory rights in respect of defects remain unaffected.

7.9 In the event of chargebacks, unauthorised payments or reasonable suspicion of fraud, Ferkelkram GmbH may temporarily block or reverse the affected credits. This does not apply to the extent that you are not responsible for the relevant circumstances or are exercising statutory rights.

Consumers generally have the statutory right of withdrawal described below for contracts concluded online.

Instructions on Withdrawal (Widerrufsbelehrung)

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date on which the contract is concluded.

To exercise your right of withdrawal, you must inform us at Ferkelkram GmbH Ruffiniallee 30A 82166 Gräfelfing Germany Email: [email protected] Telephone: +49 89 2173212 of your decision to withdraw from this contract by means of an unequivocal statement, for example a letter sent by post or an email. You may use the model withdrawal form below, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period expires.

Effects of Withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs—with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us—without undue delay and no later than fourteen days from the date on which we receive notice of your withdrawal from this contract.

We will make the reimbursement using the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no event will you incur any fees as a result of the reimbursement.

Expiry of the Right of Withdrawal for Digital Content

For a contract concerning the supply of digital content not supplied on a tangible medium, the right of withdrawal expires when we begin performance of the contract after you have expressly consented to our beginning performance before expiry of the withdrawal period, you have acknowledged that by giving your consent you lose your right of withdrawal once performance of the contract begins, and we have provided you with confirmation of the contract in accordance with the statutory requirements.

Where the immediate supply of digital content is requested during the order process, the required express consent and acknowledgement will be obtained separately. Without valid consent and acknowledgement, the right of withdrawal will not expire early. Mandatory statutory rights remain unaffected.

Model Withdrawal Form (Muster-Widerrufsformular)

If you wish to withdraw from the contract, please complete this form and return it to: Ferkelkram GmbH Ruffiniallee 30A 82166 Gräfelfing Germany Email: [email protected]

– I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the purchase of the following goods (*)/provision of the following service (*):

– Ordered on (*)/received on (*):

– Name of consumer(s):

– Address of consumer(s):

– Signature of consumer(s) (only if this form is submitted on paper):

– Date:

(*) Delete as appropriate.

9.1 “User Content” includes, in particular, prompts, text, images, videos, photographs, reference materials and other content that you upload, enter or otherwise provide for processing.

9.2 You retain all rights in your own User Content. Uploading User Content does not transfer ownership rights in that content to Ferkelkram GmbH.

9.3 For the duration and purposes of performing the contract, you grant Ferkelkram GmbH a non-exclusive, worldwide right to technically reproduce, store, transmit and edit User Content and disclose it to integrated service providers to the extent necessary to carry out the requested generation, make the content available in the private library, provide support, perform security and content checks, prevent misuse or comply with legal obligations.

9.4 You represent that you have all rights, consents and other authorisations required for all User Content and its processing in accordance with the contract. Uploads depicting real people are permitted only if they depict you or if the person depicted has demonstrably consented to the recording, upload and intended editing.

9.5 User Content must not infringe any third-party rights. These include, in particular, copyright, trade mark rights, personality rights, data protection rights and related rights. If there is any doubt as to whether the necessary authorisation or consent has been obtained, the content concerned must not be uploaded or processed.

10.1 “Results” means images, videos and other outputs generated or edited by the Service on the basis of the inputs provided.

10.2 To the extent that rights arise in a Result and such rights belong to Ferkelkram GmbH, upon full payment of the credits required for that Result, Ferkelkram GmbH grants you a perpetual, worldwide, transferable and sublicensable right to use the Result for private and commercial purposes. This right includes, in particular, the right to reproduce, distribute, make publicly available and edit the Result.

10.3 To the extent that a Result is based exclusively on the User Content of a particular user, the right under Section 10.2 is granted exclusively to that user as against Ferkelkram GmbH. Technically or legally unavoidable rights in underlying software, models, systems, templates or third-party components are not transferred.

10.4 Whether and to what extent purely AI-generated Results are protected by copyright or other rights under the applicable law may be legally uncertain. Ferkelkram GmbH therefore does not warrant that exclusive rights will arise or that a Result will be unique. Other users or other AI services may generate similar or identical results.

10.5 The grant of rights does not permit any use that violates these Terms, the Content Policy, applicable law or third-party rights. You remain responsible for the specific use and publication of a Result.

11.1 You must comply with the version of Ferkelkram’s Content Policy applicable whenever you use the Service. The Service is intended exclusively for lawful creative content involving fictional, clearly adult persons.

11.2 The following are prohibited in particular:

– Content involving minors, persons under the age of 18, or persons who appear to be underage or whose age is ambiguous; this applies in particular to sexualised depictions, youth-related or childlike scenarios and corresponding prompts.

– Use of a real person’s face, body, name, voice, identity or other characteristics without that person’s informed consent and the necessary rights.

– Non-consensual intimate depictions, sexualised deepfakes, deceptive impersonations, face swaps or other content that depicts, exposes, harasses or demeans a real person without that person’s consent.

– Content that depicts, promotes or facilitates violence, sexual abuse, exploitation, hatred, discrimination, threats, extortion, stalking, doxxing or other serious harm.

– Illegal content and content whose creation, possession, processing, publication or distribution violates applicable law or third-party rights.

– Attempts to circumvent, manipulate or disable safeguards, content filters, age restrictions or other security mechanisms.

11.3 Uploads may depict only you or persons who have consented to the upload and the specifically intended AI processing. Consent may be withdrawn at any time in relation to future processing; this does not affect processing that was lawfully carried out before withdrawal.

11.4 The fact that content is stored in a private library does not exempt it from these requirements. Prohibited content remains prohibited even if used solely in private.

12.1 To protect affected persons, prevent misuse and comply with legal obligations, prompts, uploads and generation requests may be automatically checked for potential violations of these Terms and the Content Policy.

12.2 If a violation is suspected or established, Ferkelkram GmbH may reject a generation; block or remove User Content or Results; restrict individual features; withhold credits used for abusive operations; temporarily suspend the account; or terminate the contract in accordance with Section 15. Any measure must be proportionate, taking into account the nature, severity, frequency and consequences of the violation.

12.3 To the extent legally permissible and provided that doing so would not undermine the effectiveness of security measures or official investigations, the affected user will be informed of material moderation measures and the reasons for them. You may request a review by contacting [email protected].

12.4 Suspected illegal content, infringements of personality rights and violations of the Content Policy may be reported to [email protected]. The report should include a comprehensible description, the location or other identifying characteristics of the content and, where possible, the reasons for the report.

12.5 Where required by law or where necessary to protect affected persons and legally permissible, Ferkelkram GmbH may preserve illegal content and related information and transmit it to the competent authorities or reporting bodies. This applies in particular to content connected with the sexual abuse or exploitation of minors.

13.1 The Service must not be misused. Prohibited activities include, in particular, interference with the technical infrastructure, automated bulk requests without express permission, the distribution of malware, circumvention of access restrictions and actions that may significantly impair the Service or other users.

13.2 Security vulnerabilities or technical malfunctions must not be exploited. Relevant information must be reported confidentially to [email protected].

13.3 You are responsible for appropriately safeguarding downloaded Results. Ferkelkram is not a substitute for your own permanent archive or backup system.

14.1 Ferkelkram GmbH has unlimited liability for loss or damage caused intentionally or by gross negligence; for loss or damage resulting from injury to life, limb or health; to the extent of any guarantee given; and under the German Product Liability Act (Produkthaftungsgesetz).

14.2 In the event of a slightly negligent breach of a material contractual obligation, liability is limited to the loss or damage typical of the contract and foreseeable when the contract was concluded. Material contractual obligations are obligations whose performance is essential to the proper performance of the contract and on compliance with which you may ordinarily rely.

14.3 In all other respects, Ferkelkram GmbH’s liability for slight negligence is excluded.

14.4 The above limitations of liability apply accordingly for the benefit of Ferkelkram GmbH’s legal representatives, employees and vicarious agents.

14.5 Mandatory statutory claims, particularly under the provisions governing digital products and other consumer protection legislation, remain unaffected.

15.1 The free user agreement governing the account is concluded for an indefinite term.

15.2 You may terminate the user agreement at any time without notice by using the deletion function provided in the account or by notifying [email protected].

15.3 Before deleting your account, you should download all Results that you still require. When the account is deleted, creations and User Content stored in the library will be deleted unless statutory retention obligations, legitimate security interests or other legal grounds preclude immediate deletion.

15.4 Any remaining credits expire when you initiate deletion of your account. They cannot be paid out or transferred unless mandatory statutory claims apply. Before deletion is completed, you will be informed of any remaining credit balance and of this consequence.

15.5 Ferkelkram GmbH may ordinarily terminate the user agreement by giving 14 days’ notice in text form (Textform). If Ferkelkram GmbH gives ordinary notice of termination, you will either be given an appropriate further opportunity to use any remaining credits purchased for payment or be reimbursed for the proportion of the purchase price attributable to those credits. Credits granted free of charge will not be paid out.

15.6 Both parties’ right to terminate for cause remains unaffected. Ferkelkram GmbH may have cause to terminate, in particular, in the event of a serious or repeated violation of the Content Policy, prohibited content, manipulation of the Service, fraud or a significant risk to third parties or the Service.

15.7 If the cause consists of a remediable breach of an obligation, termination for cause will generally take place only after an unsuccessful warning or expiry of a reasonable cure period. No prior warning is required if it would evidently be unsuccessful, the violation is particularly serious, or immediate action is required by law or justified after weighing the interests of both parties.

15.8 Statutory claims for reimbursement, warranty remedies, damages and deletion remain unaffected.

16.1 Ferkelkram GmbH may amend these Terms at any time for future contracts. Amendments apply to existing contractual relationships only in accordance with the following provisions.

16.2 Intended amendments affecting existing contractual relationships will be communicated to users in text form (Textform). The notice will explain the content of the amendments and their intended effective date.

16.3 Amendments that materially affect the contractual balance, particularly amendments to payment obligations, liability provisions, rights of use or material services, require your express consent.

16.4 Other amendments may be made if there is an objective reason for them, particularly due to changes in legislation or case law, binding regulatory requirements, security requirements, technical developments or necessary adjustments to the Service, and if the amendment is reasonable for you. The legitimate interests of both parties must be appropriately taken into account.

16.5 Where consent is required but is not given, the previous Terms will continue to apply. If continuing the contract under the previous conditions is not technically, legally or commercially reasonable, Ferkelkram GmbH may terminate the contract by observing the ordinary notice period. Credits already purchased will be treated in accordance with Section 15.5.

17.1 The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

17.2 If you are a consumer whose habitual residence is in another country, this choice of law does not affect the mandatory consumer protection provisions of that country from which no derogation may be made by agreement.

17.3 In relation to merchants (Kaufleute), legal persons under public law and special funds under public law, the registered office of Ferkelkram GmbH is the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship. The same applies if you have no general place of jurisdiction in Germany, unless mandatory statutory provisions provide otherwise.

17.4 The statutory places of jurisdiction apply to consumers.

Ferkelkram GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle).

19.1 Individual agreements between Ferkelkram GmbH and you take precedence over these Terms.

19.2 If any provision of these Terms is or becomes invalid in whole or in part, the validity of the remaining provisions remains unaffected. The invalid provision will be replaced by the applicable statutory provisions.

19.3 Legally relevant communications from Ferkelkram GmbH may be sent to the email address stored in your account. You are responsible for keeping a working email address on file and updating any changes without undue delay.