Terms of Service

Last Updated: February 27, 2025

1. Introduction and Scope

The following Terms of Service (hereinafter “Terms”) govern the contractual relationship between Karl BRICKS AI GmbH, registered in the Commercial Register of the Local Court of Hamburg, HRB 190832 (hereinafter “Provider,” “we,” or “us”) and the users of our platform (hereinafter “Users,” “you,” or “your”).

These Terms apply to all services offered by us, particularly the provision and use of our website, the processing of orders, and the execution of deliveries (hereinafter collectively “Services”).

By accessing or using our Services, you agree to these Terms. If you disagree with any provisions or these Terms in their entirety, you are not permitted to use our Services.

2. Service Description

2.1 Provider Services

The Provider operates a platform that enables AI application development teams (hereinafter “Clients”) to offer customized checkout experiences for their users or fans (hereinafter “Recipients”). The platform includes the following core functions:

• Creation and provision of individually branded checkout pages
• Processing of gift item orders
• Personalization of products with the Client’s branding and, if applicable, individual elements for the Recipient
• Organization of production and shipping of gift items

2.2 Free Use for Clients

The creation and provision of branded checkout pages is free of charge for our Clients. Costs are incurred exclusively for the products actually ordered and their shipping.

3. User Relationships and Responsibilities

3.1 Clients (AI Development Teams)

Clients within the meaning of these Terms are development teams or companies that operate AI applications and use our Services to send gifts to their users or fans. Clients are responsible for:

• The accuracy and legality of the information provided, particularly regarding brands, logos, and personalization requests
• The selection of Recipients and the initiation of gift invitations
• Payment for all ordered gift items and associated costs
• Compliance with all applicable laws regarding promotional gifts, promotions, and marketing

3.2 Recipients (End Users)

Recipients are individuals who receive gift invitations from Clients and claim gifts through our checkout systems. Recipients:

• Are not required to make any payments to receive gifts
• Are obligated to provide correct shipping information
• Agree to these Terms when using our checkout system
• Are responsible for any import duties, taxes, or fees for international shipments

4. Payment Terms

4.1 Prices and Fees

Clients bear all costs associated with the gift items, including product costs, personalization, and shipping. Our current pricing structure is available upon request. All prices are exclusive of statutory value-added tax.

4.2 Payment Processing

We accept payments via [list payment methods, e.g., credit card, PayPal, bank transfer]. All payments are securely processed through our payment service providers. Billing occurs immediately after the order is placed by the Recipient.

4.3 Invoicing

Invoices are sent electronically to the email address provided by the Client. The Client agrees to electronic invoicing.

4.4 Late Payment

In case of late payment, we are entitled to charge interest at the statutory rate. We reserve the right to claim further damages caused by delay.

5. Delivery and Shipping

5.1 Shipping Information

Recipients must provide correct and complete shipping information. We assume no responsibility for delivery errors due to incorrect or incomplete information.

5.2 Delivery Times

Estimated delivery times are displayed at checkout. We cannot guarantee specific delivery dates as shipping depends on carrier conditions beyond our control.

5.3 International Shipping

For international shipments, import duties, taxes, or customs fees may apply, which are to be borne by the Recipient. These fees vary by country and are outside our sphere of influence.

5.4 Transfer of Risk

The risk of accidental loss or accidental deterioration passes to the Client upon handover of the goods to the shipping service provider.

6. Product Quality and Returns

6.1 Product Quality

We strive to ensure that all products meet quality standards. Images shown on our platform are representative, but actual products may vary slightly.

6.2 Defects and Complaints

In case of defective products, Recipients should contact us within 14 days of receipt. We will work with the Client to find a solution that complies with German consumer law.

6.3 Returns

For the return of defective goods, Recipients will receive a return address. We bear the costs for returning defective goods. For justified complaints, we will, at our discretion, provide a replacement delivery or credit.

7. Intellectual Property

7.1 Client Content

Clients retain all rights to their brands, logos, and customer-specific designs. By uploading such content, Clients grant us a limited license to use these materials solely for the purpose of fulfilling orders.

7.2 Our Content

Our platform, including its design, code, and content not provided by Clients, is protected by intellectual property rights owned by us or our licensors.

7.3 Usage Rights

We grant Clients and Recipients a limited, non-exclusive, non-transferable right to use our Services within the framework of these Terms. Any use beyond this is not permitted.

8. Privacy

We process personal data in accordance with our Privacy Policy and applicable data protection laws. Our Privacy Policy is incorporated into these Terms by reference.

9. Limitations of Liability

9.1 Service Availability

We strive to provide uninterrupted services but cannot guarantee that our Services will be available at all times. We reserve the right to modify or discontinue the Services with reasonable notice.

9.2 Liability Cap

To the extent permitted by law, our liability is limited to the amount paid by the Client for the specific transaction giving rise to the claim.

9.3 Disclaimer of Warranties

The Services are provided “as is” and “as available.” We make no express or implied warranties regarding the Services.

9.4 External Links

Our Service may contain links to external websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

9.5 Unlimited Liability

The above limitations and exclusions of liability do not affect our liability for:

• Damages resulting from injury to life, body, or health
• Intent and gross negligence
• Fraudulent concealment of a defect
• Expressly assumed guarantees
• Claims under the Product Liability Act

10. Term and Termination

10.1 Term

The contractual relationship begins with the Client’s registration or the Recipient’s use of our Services and runs indefinitely.

10.2 Termination by the Client

Clients may terminate their user account at any time without notice. Termination does not affect orders already placed.

10.3 Termination by Us

We reserve the right to terminate or suspend access to our Services immediately, without prior notice, for any breach of these Terms. Additionally, we may terminate the contractual relationship with 14 days’ notice.

11. Dispute Resolution and Applicable Law

11.1 Applicable Law

These Terms and any disputes arising from or in connection with them are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

11.2 Jurisdiction

The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is, to the extent legally permissible, Hamburg, Germany.

11.3 Alternative Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which can be found at https://ec.europa.eu/consumers/odr/. We are not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

12. Changes to these Terms

We reserve the right to modify these Terms at any time. We will inform you of significant changes. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.

13. Contact Information

14. Severability Clause

Should individual provisions of these Terms be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a legally permissible provision that comes closest to the economic purpose of the invalid provision.