Terms and Conditions

Last updated 22 September 2026

Effective date: 22.09.2026

Preamble

F13 GmbH, Brunnenstr. 43, 10115 Berlin, Germany (“F13”, “we”) provides access to foundation models for graphics generation and related tools via an application programming interface (API), a developer dashboard, and associated services (together, the “Services”). These General Terms of Service (“Terms”) govern the contractual relationship between F13 and the customer (“Customer”, “you”). By registering for, accessing, or using the Services, the Customer accepts these Terms.

1. Scope, Business Customers Only

These Terms apply to all use of the Services. General terms and conditions of the Customer do not apply, even if F13 does not expressly object to them, unless F13 has agreed to their application in writing.

The Services are for businesses only. By using them, the Customer confirms it acts as an entrepreneur (Unternehmer, § 14 BGB) or public body. Consumers (§ 13 BGB) are excluded. The Customer's own terms and conditions do not apply.

2. The Services

F13 gives the Customer access to its graphics-generation models via API and dashboard. The Customer submits Inputs, including prompts and reference files, and the Services return Outputs. F13 may further develop the Services and modify, expand, or discontinue functions, model versions, and features, provided the overall functional scope is not unreasonably impaired for the Customer.

3. Accounts and API Credentials

The Customer must keep its account information accurate and up to date. API keys, tokens, and other credentials are confidential and must be protected against unauthorized access. The Customer is responsible for all use of the Services through its account or credentials. If the Customer suspects that any credentials have been compromised, it must promptly revoke or rotate them and notify F13.

4. Fees, Billing, and Taxes

Fees and billing terms are as set out in the applicable pricing, order form, or other agreement between F13 and the Customer. Unless otherwise specified, invoices are due within 14 days of the invoice date.

All fees are exclusive of VAT and any other applicable taxes, duties, or similar charges. F13 may charge any taxes it is required to collect under applicable law. Where the Customer is required to account for taxes, including under a reverse-charge mechanism, the Customer is solely responsible for doing so. The Customer must provide F13 with accurate billing and tax information, including a valid VAT identification number where applicable.

The Customer may set off only claims that are undisputed or have been finally established by a court.

5. Acceptable Use

The Customer must use the Services only in compliance with applicable law and these Terms. The Customer must not use the Services in a way that infringes third-party rights, unlawfully collects or processes data, or interferes with the integrity, security, or availability of the Services (e.g. circumventing security measures, or using bots/scripts to create accounts).

In particular, the Customer must not use the Services for any use prohibited under Regulation (EU) 2024/1689 (the AI Act), for any use classified as high-risk under the AI Act, for the operation or monitoring of safety-critical infrastructure, or in any context where a failure or malfunction of the Services could reasonably be expected to result in serious harm to health or life.

Given that the Services generate faces and likenesses, the Customer must not use the Services to:

  • generate child sexual abuse material, or any sexual content involving minors;

  • generate non-consensual intimate or sexualised imagery of real persons;

  • impersonate real persons or create deceptive “deepfake” depictions of identifiable individuals without a lawful basis and their consent;

  • perform biometric identification, recognition, or profiling of individuals;

  • depict or generate the likeness of any identifiable person without holding the necessary rights and consents (including under § 22 KUG in Germany).

The Customer shall indemnify F13 against third-party claims (including reasonable legal defence costs) arising from the Customer's use of the Services in breach of this Section, except to the extent F13 is itself responsible for the claim.

6. Intellectual Property and Rights of Use

All rights in the Services, models, software, and underlying technology remain with F13 or its licensors. The Customer receives a limited, non-exclusive, non-transferable right to use the Services for its own business purposes and within the agreed scope.

The Customer may not resell or sublicense the Services, reverse engineer or attempt to extract the models or source code, use the Services or Outputs to build or train a competing model or service, circumvent technical restrictions, or remove proprietary notices.

Outputs may be used for the Customer's own business purposes, but may not be resold or distributed as standalone graphics, stock assets, templates, datasets, or through a service primarily intended to resell F13-generated Outputs.

7. Inputs, Outputs & Training

The Customer retains its rights in Inputs and grants F13 the rights necessary to provide, operate, secure, develop, train, and improve the Services and F13's models using Inputs and Outputs. The Customer may use Outputs subject to Section 6. F13 does not warrant that Outputs are unique or free of third-party rights.

Where F13 processes personal data solely on the Customer's behalf as a processor, the DPA applies and such data will not be used for F13's own model training except as expressly agreed or otherwise permitted by applicable law.

8. No Warranty as to Outputs

Outputs are generated by probabilistic models and may be inaccurate, incomplete, or unsuitable for a particular purpose. Outputs may also unintentionally resemble real persons or existing works. F13 does not warrant the accuracy, completeness, or fitness for any purpose of the Outputs. The Customer is responsible for reviewing Outputs before use and for ensuring their use is lawful.

9. Availability and Warranty for Defects

F13 aims to keep the Services available but does not guarantee uninterrupted availability and may restrict or suspend access for maintenance, circumstances beyond F13's control, or Customer misuse. Statutory defect rules apply, except that strict liability for defects existing at the outset under § 536a BGB is excluded. The Customer must report defects promptly and provide the information reasonably required to investigate and reproduce them.

10. Term, Termination & Suspension

The Agreement runs for the agreed term or, if no term is agreed, for an indefinite period and may be terminated in accordance with the applicable order or agreed terms. The right to terminate for good cause remains unaffected.

F13 may immediately suspend access to the Services, in whole or in part, in case of a breach of these Terms or applicable law, payment default, security or operational risk, suspected misuse, or where required by law or a competent authority. F13 may terminate the Agreement for good cause, including material or repeated breaches or payment default not remedied after notice where a cure period is required by law.

Upon termination, the Customer's right to use the Services ends. Data will be handled in accordance with the Privacy Policy and applicable DPA.

11. Confidentiality

Each party must keep the other party's non-public information confidential, use it only for purposes of the Agreement, and disclose it only to persons who need to know it and are subject to appropriate confidentiality obligations. This does not apply to information that is publicly available without breach, was lawfully known to the receiving party, was independently developed, or must be disclosed by law or competent authority. These obligations survive termination.

12. Data Protection

F13's processing of personal data as controller is described in its Privacy Policy. Where F13 processes personal data on behalf of the Customer as a processor, a Data Processing Agreement (“DPA”), available on request, forms part of the Agreement.

13. Changes to these Terms

F13 may amend these Terms for legitimate reasons, including changes in law, regulation, technology, security, the Services, or F13's business operations. F13 will provide reasonable prior notice of material changes. Changes take effect on the date specified in the notice and apply prospectively. Changes to fees may be made in accordance with the applicable pricing or order terms.

14. Limitation of Liability

F13 is liable without limitation for intent and gross negligence, injury to life, body or health, guarantees expressly assumed by F13, and where liability is mandatory by law, including under the German Product Liability Act.

For slight negligence, F13 is liable only for breach of an essential contractual obligation and only for foreseeable damage typical of the Agreement. Such liability is further limited in aggregate to the fees paid or payable by the Customer to F13 during the 12 months preceding the event giving rise to the claim.

All other liability is excluded. These limitations also apply in favour of F13's legal representatives, employees, and vicarious agents. To the extent legally permissible, claims for damages become time-barred after one year, except for the categories of liability stated in the first paragraph.

15. Final Provisions

These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

To the extent permitted by law, the exclusive place of jurisdiction is Berlin, Germany. F13 may also bring proceedings against the Customer at the Customer's general place of jurisdiction.

If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions remain unaffected. The applicable statutory provisions shall apply in place of the invalid or unenforceable provision.

These Terms are drafted in English. The English version is binding. Any translation is provided for convenience only.