Terms of use

"Pixup-AI-Translator"

1. scope of validity and application

(1) These terms of use apply to the services of Pixup GmbH, Invalidenstr. 34, 10115 Berlin ("Pixup") in connection with the use of "Pixup- AI- Translator" for entrepreneurs, i.e. for natural or legal persons or partnerships with legal capacity acting in the exercise of a commercial or independent professional activity. Pixup operates a B2B online web application. "Pixup- AI- Translator" offers an online translator at www.translator.pixupmedia.com, which is aimed exclusively at users who have reached the age of 18 and at companies within the meaning of Section 14 (1) of the German Civil Code (BGB).

(2) These Terms of Use exclusively govern the use of "Pixup- AI- Translator" at www.translator.pixupmedia.com by the customers ("Customer") of Pixup.

(3) The "Pixup- AI- Translator" is a web application that enables the customer to translate texts manually. Furthermore, the "Pixup- AI- Translator" offers an API to connect external web applications and translate the content of these external web applications. The "Pixup- AI- Translator" automatically recognises the original content, copies it to its own server (www.translator.pixupmedia.com), transfers it to the translation service provider www.deepl.com via an API connection, copies the translation to its own server again and inserts the translation into the places predefined by the customer in the external web application. The "Pixup- AI- Translator" then deletes all saved data from its own server.

(4) The "Pixup- AI- Translator" uses the API interface of the third-party provider deepl.com for the translation of the content and is not responsible for the type, quality and accuracy of the translation by this third-party provider. Pixup has decided to work with DeepL, as experience has shown that we have been able to achieve the best results through this translation service provider, but cannot guarantee them. The available languages that can be selected for translation correspond to the available languages of DeepL.

(5) These Terms of Use apply exclusively. The customer's general terms and conditions shall only apply insofar as Pixup has expressly agreed to them in writing.

2. changes to these terms of use

(1) Pixup may amend these Terms of Use due to changes in the legal situation, case law, market conditions or the introduction of or changes to products and services. Changes are deemed to be recognised with renewed use of the services affected by the changes, unless the customer has objected to the changed conditions in writing within a period of four weeks after notification. Pixup will inform the customer of this legal consequence separately when a change is announced.

3. conclusion of contract

(1) The "Pixup- AI- Translator" can only be used after registration by the customer. To do so, the customer must log in or register using the registration form in the "my Pixup system". Registration is only possible if the customer actively agrees to the validity of these terms of use. The terms of use thus become part of the contract.

(2) After registration, the customer acquires a quota of "characters" required for the translation. One character corresponds to the value of one character. If a text with a certain number of words is to be translated, the corresponding number of characters is required in accordance with the number of characters needed. These characters also include spaces between words and all forms of special characters.

(3) As soon as the characters have been used up, the customer will be informed that they have been used up and no further translation is possible until the customer purchases additional characters. These can be purchased in the form of licence packages.

(4) In order to make full use of the functions of Pixup- AI- Translator, Pixup is authorised to save content and pass it on to the third-party provider deepl.com for translation in compliance with data protection law.

4 Subject matter of the contract, rights of use

(1) Upon conclusion of this contract, Pixup grants the customer a non-exclusive, non-transferable and limited right to use Pixup- AI- Translatoras a programme executable in the browser or via API within the scope of these terms of use. This includes the right, limited to the aforementioned extent, to use the platform of the "Pixup- AI- Translators" via the Internet to the extent granted in the contract for the customer's business purposes and purposes permitted under this contract.

(2) The customer does not acquire any further rights, in particular the customer is not authorised to reproduce, distribute, make publicly accessible, modify or edit the "Pixup- AI- Translator". The granting of sub-licences is not permitted; the customer has no claim to the surrender of the source and source code.

5. copyrights

(1) The translations are carried out by the translation service provider DeepL (deepl.com). DeepL does not claim any copyrights to the translations. For further questions on copyright provisions, please refer to the General Terms and Conditions of DeepL https

(2) Your content may be subject to your own or third-party copyrights or other intellectual property rights. By concluding a contract, you grant us a worldwide, non-exclusive and limited licence to access, use, process, reproduce, pass on, export, display and also remove your content. This only applies insofar and as long as this is necessary for the operation or provision of Pixup or for legal reasons, taking into account the interests of the rights holder.

6. protective measures, misuse, customisation of the software

(1) Pixup is authorised to take appropriate technical measures to protect the "Pixup- AI- Translators" from use that is not in accordance with the contract.

(2) Pixup may amend the "Pixup- AI- Translator" (including its system requirements) to adapt to technical or economic market changes and for good cause. An important reason exists in particular if the change is necessary due to a necessary adaptation to a new legal situation or jurisdiction, changed technical framework conditions (new browser versions or technical standards), the protection of system security or the further development of the web application (for clarification: within the scope of these terms of use, however, Pixup does not owe any further development of the web application).

(3) The customer must protect his registration data from unauthorised access by third parties, misuse or fraudulent use. The customer must immediately report any unauthorised, improper or fraudulent use of his account, as well as any suspicion that his account could be exposed to such a risk, by email to support@pixupmedia.com.

(4) Pixup will not refund any amounts paid by the customer for the "Pixup- AI- Translator" before the customer has reported the unauthorised access, misuse or fraudulent use.

(5) Pixup has the right to close or cancel the account of any registered customer in the event of misuse or fraudulent use of the account.

7. remuneration

(2) If you are not yet a registered customer of the Pixup- AI- Translator web application, you must first register so that you can order fee-based packages. Details of the charges for the fee-based packages and functions can be found at: www.translator.pixupmedia.com.

8 Warranty and liability

(1) Pixup is liable for damages incurred by the customer in connection with this contract insofar as Pixup, its representatives or vicarious agents are guilty of intent or gross negligence.

(2) The customer shall indemnify Pixup against all claims made by third parties against Pixup due to an infringement of their rights, e.g. copyrights, by the content posted by the customer within Pixup- AI- Translator. The customer shall assume the costs of a necessary legal defence of Pixup, including all court and lawyer's fees in the statutory amount. This does not apply if the infringement of rights is not attributable to any culpable behaviour on the part of the customer.

(3) In the event of a claim by a third party, the customer is obliged to inform Pixup immediately, truthfully and completely of all information available to him that is necessary for an examination of the claims and a defence. Further claims for damages by Pixup against the customer remain unaffected.

(4) Pixup is also liable for damages incurred by the customer in connection with this contract, insofar as these have been caused by Pixup, its representatives or vicarious agents through the negligent breach of a material contractual obligation. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. In this case, the liability of Pixup is limited to the damages that were typically foreseeable when this contract was concluded.

(5) This limitation of liability applies to all obligations to pay damages, irrespective of the legal grounds, including, inter alia, pre-contractual or ancillary contractual claims. However, this limitation of liability shall not limit any mandatory statutory liability, including liability under the German Product Liability Act or liability for personal injury caused by negligence.

(6) The strict liability of Pixup for defects already existing at the time of conclusion of the contract in accordance with Section 536 a (1) BGB is expressly excluded.

(7) The customer is responsible for regularly backing up the content created in "Pixup- AI- Translator" and can save it locally on his hardware for this purpose.

(8) Pixup assumes no guarantee or liability that the web application "Pixup- AI- Translators" will be constantly, completely and error-free available, or that the required software and hardware will work without errors.

(9) Pixup does not guarantee that data transport via external systems, in particular the Internet or telecommunication networks, will not be tracked, recorded or falsified by third parties.

(10) The use of the services offered by Pixup by the customer is exclusively at the customer's own risk. This applies without restriction to

9. data protection

(1) Customers are requested to observe the separate data protection provisions available at www.translator.pixupmedia.com/datenschutz. Furthermore, the customer must observe the respective country-specific data protection regulations and act accordingly when handling the corresponding data.

10. CANCELLATION POLICY

10 Place of fulfilment, place of jurisdiction, severability clause

(1) All agreements that contain an amendment, supplement or concretisation of these Terms of Use, as well as special assurances, guarantees and warranties, are subject to the following conditions

(2) Should individual provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining Terms of Use. The parties shall replace the ineffective provision with an effective provision that comes as close as possible to the content and economic purpose of the ineffective provision. In the event of loopholes, the parties shall agree a provision that they would have agreed if they had considered the point in question when concluding the Terms of Use.

(3) The customer may only offset or assert a right of retention with claims other than his contractual counterclaims from the respective legal transaction concerned if this claim is undisputed by Pixup or has been legally established.

(4) The parties agree that the law of the Federal Republic of Germany shall apply to all legal relationships arising from this contractual relationship.

(5) The place of fulfilment is the registered office of Pixup.

(6) The exclusive place of jurisdiction for all disputes between the parties arising from or in connection with the business relationship is Berlin.