Terms of Service

Provider

These General Terms and Conditions ("Terms") govern the use of the online platform instababe.io, operated by Algorithmo GmbH, Haus-Endt-Str. 90, 40593 Düsseldorf, Germany, email hello@algorithmo.de, phone +49 211 94624337 — referred to below as "instababe.io", "we", "us" or "the provider".

The full provider details, including the authorised representatives, the commercial register entry and the VAT identification number, are set out in our Legal Notice.

Subject matter

instababe.io is an internet-based software-as-a-service platform that lets users create, edit and manage artificially generated virtual characters, influencers and media content.

Depending on the plan you choose, the following functions may be available:

• creating virtual or AI-generated influencers and characters
• generating images, video, text and other media content
• editing and varying content you have already created
• creating social media content
• managing characters and content
• scheduling and technical support for publishing content on social media platforms
• use of third-party AI models and AI services
• use of a plan-dependent credit system
• further functions instababe.io may offer in future

Application

These Terms apply to every contract for the use of instababe.io, whether you use the platform as a consumer or for commercial, self-employed or other professional purposes ("business user").

Consumers additionally enjoy the mandatory statutory consumer protection rules.

Deviating terms put forward by a business user apply only where instababe.io has expressly agreed to them.

Contract language

Unless stated otherwise during the order process, the contract language is German or English.

These Terms are provided in several languages. The authoritative version is the one in the language in which the contract was concluded; otherwise the German version applies.

Account

"Account" means a user's personal user account with instababe.io.

Credits

"Credits" are virtual usage units that can be spent within the platform to use certain functions.

Content

"Content" means everything a user uploads, enters, creates, edits, generates, stores or publishes through instababe.io.

This includes in particular text, prompts, images, video, audio, character descriptions, names, logos and other files.

AI content

"AI content" means content generated or materially altered through the use of artificial intelligence.

Influencer / character

"AI influencer" or "character" means a virtual or artificially generated character created by a user, including its visual appearance, name, description, personality and associated content.

Plan

"Plan" means the paid or free usage model selected by the user.

Subscription

"Subscription" means a recurring paid subscription for the use of a particular plan.

Social media platforms

"Social media platforms" are external platforms and services such as Instagram, TikTok, X, YouTube, Facebook or comparable services.

Registration

Certain functions of instababe.io require an account. Registration requires that you are of legal age.

You undertake to provide complete and accurate information when registering and to keep it up to date.

Credentials

You must keep your credentials confidential and protect them against access by third parties.

You may not pass your account to other people or let others use it, unless the plan you have chosen provides a multi-user function.

Responsibility for the account

You are responsible for all activity carried out through your account, to the extent you are answerable for it.

If you suspect unauthorised access, notify instababe.io without delay.

Company accounts

Under B2B plans, additional users, employees or other authorised persons can be enabled in line with the relevant plan.

The business user is responsible for ensuring that those people comply with the applicable terms of use.

Free use

Where instababe.io offers a free plan or a free trial, the contract comes into existence once registration succeeds and the corresponding account is enabled.

Paid plans

The presentation of plans on the website is not in itself a binding offer.

By completing the order process you make a binding offer to enter into a contract.

The contract is formed once instababe.io confirms the order or enables the booked service, unless the order process states otherwise.

Order process for consumers

For contracts with consumers, the order process is designed in line with statutory requirements.

Before you place the order, we show in particular the price, the billing period, the essential features of the service and, where applicable, the contract term and cancellation conditions.

The button that concludes a paid contract is clearly labelled as required by law.

Confirmation

After the contract is formed you may receive an electronic confirmation of your order.

Plan-dependent functions

The actual scope of the service depends on the plan booked.

A plan may be limited in particular in respect of:

• the number and type of items that can be generated
• the number of AI influencers or characters
• resolution or quality
• generation speed
• the AI models available
• the editing functions available
• social media functions
• available credits
• NSFW / adult content functions
• storage space
• the number of connected social media accounts
• API or automation functions

Changes to the scope of service

instababe.io may develop, improve, change or replace functions with comparable ones.

Mandatory statutory consumer rights are unaffected. Where a digital product supplied on a continuous basis is materially changed, the consumer's statutory rights apply.

Third parties

Individual functions may rely on technical services, AI models, hosting providers, payment service providers or social media interfaces operated by third parties.

The availability of individual third-party functions may therefore depend on circumstances outside instababe.io's control.

Subscription

Paid plans may be offered as a recurring subscription.

You pay the price stated in the order process for the billing period you selected.

Billing

Payment is made through the payment service provider offered during the order process.

Depending on the plan, billing may be monthly, annual or at another stated interval.

Automatic renewal

Where the order process says so, a subscription renews automatically for the agreed billing period unless it is cancelled in time.

The statutory rules on contract term and cancellation that apply to consumers are unaffected.

Cancellation

You can cancel your subscription using the function provided in your account.

Where the law requires it, instababe.io provides consumers with an electronic cancellation option including the statutory cancellation button.

End of the subscription

After an effective cancellation, the paid plan generally remains available until the end of the billing period already paid for, unless the law or the contract provides otherwise.

Refunds

Fees already paid are generally not refunded where the service was provided in accordance with the contract for the billing period in question and no statutory right to a refund exists.

Mandatory consumer rights are unaffected.

Credit system

instababe.io may limit the use of certain functions through credits.

The number of credits available depends on the plan.

Consumption

Credits may be spent, for example, on generating images, video or other AI content.

The credit cost of individual functions is shown within the platform or follows from the relevant plan description.

Daily limit

Certain plans may include a daily usage limit. The daily limit resets at the billing or reset time defined by instababe.io.

Unless a plan expressly says otherwise, unused daily credits do not carry over to the next day.

Monthly credits

Where a plan includes a monthly credit allowance, unused credits may expire at the end of the billing period unless the plan states otherwise.

No cash payout

Credits are not a currency and do not represent a balance in a bank or payment account.

Credits cannot be exchanged for cash or another means of payment, and cannot be paid out.

Abuse

You may not circumvent technical or organisational measures in order to defeat credit limits or other usage restrictions.

This includes in particular creating multiple accounts to get around limits, automated manipulation, exploits and other technical circumvention attempts.

Incorrect credit deductions

If credits are consumed incorrectly because of a technical fault, you can report this to support.

instababe.io may re-credit incorrectly deducted credits after reviewing the case.

Automated generation

instababe.io uses artificial intelligence to generate and edit content.

AI systems can produce results that are incomplete, faulty, unexpected or unsuitable.

No guarantee of a particular result

You acknowledge that the output of generative AI is not fully predictable.

instababe.io therefore does not guarantee that a given prompt will lead to a given result.

Resemblance to real people

AI-generated content may coincidentally resemble real people, places, brands, characters or other protected material.

You are responsible for checking whether a result you publish or use commercially is legally permissible.

Duty to check

Before publishing or commercially using AI content, you must check whether that content is suitable and legally permissible for the intended purpose. This applies in particular to:

• personality rights
• copyright
• trade mark rights
• design rights
• name rights
• data protection rights
• competition law
• other third-party rights
• the rules of the relevant social media platform

Creation

You may create virtual characters and AI influencers using the functions provided.

Fictional identities

Unless expressly stated otherwise, influencers and characters generated by instababe.io are virtual or artificially generated figures.

You may present such a character as a virtual influencer, provided this does not breach any statutory labelling or transparency obligations.

Real people

You may not depict or imitate real people without the necessary rights or consents in a way that infringes their rights or creates a false impression among third parties about that person's identity, agreement or involvement.

Deception and identity abuse

It is prohibited in particular to use the platform to deceive others about the identity of a real person, to fraudulently assume an identity, or to deliberately harm a person.

Your responsibility

You are responsible for the characters you create and for their use outside the platform.

Principle

instababe.io may enable the creation and processing of NSFW or adult content on certain paid plans.

Which functions and content are available on which plan follows from the relevant plan description and the technical capabilities of the platform.

Age requirement

Functions intended exclusively for adults may only be used by people of legal age.

You may not use such functions if you have not reached the required minimum age.

Strictly prohibited content

Regardless of the plan booked, it is prohibited to create, upload, store, distribute or otherwise process content through instababe.io that:

• sexualises minors or people depicted as minors
• depicts or promotes the sexual exploitation of minors
• depicts or promotes sexual violence or non-consensual sexual acts
• depicts real people in sexualised content without the necessary consent
• serves to sexually humiliate or harass real people
• constitutes other sexual content prohibited under applicable law
• promotes human trafficking or sexual exploitation
• instructs in or promotes sexual offences

Real-person content

The fact that you can upload an image of a real person does not mean you are entitled to generate sexualised or otherwise sensitive depictions from it.

You must hold all necessary rights and consents.

Platform rules

Even permitted adult content may not be transferred to or published on an external platform where doing so breaches that platform's rules or applicable law.

You are responsible for complying with the rules of the relevant social media platform.

Restriction of functions

instababe.io may technically restrict, disable or change individual NSFW functions where this is necessary because of legal requirements, service provider requirements, security requirements or technical circumstances.

Your ownership

You retain your rights in the content you upload, to the extent those rights are actually yours.

Licence granted to instababe.io

You grant instababe.io the non-exclusive rights necessary to provide the agreed services: to store, reproduce and process your content technically, to transmit it to the technical service providers involved, and otherwise to use it as far as necessary to provide the platform.

No further use

instababe.io will not publish user content for its own marketing purposes unless separate consent or another legal basis exists.

Responsibility for uploads

You warrant that you hold all rights necessary to upload content to instababe.io and to have it processed within the platform.

Indemnity for infringements

To the extent permitted by law, you indemnify instababe.io against justified third-party claims arising because you uploaded, processed or published unlawful content or did not hold the necessary rights.

This does not apply where instababe.io is itself answerable for the infringement.

Generated results

To the extent rights in a result generated by instababe.io vest in you or can be granted to you under applicable law, you may use that result for your own purposes within the scope of your plan.

No guarantee of copyright protection

You acknowledge that purely AI-generated content may not enjoy copyright protection.

instababe.io gives no guarantee that a given result is protected by copyright or that you hold exclusive rights in it.

Third-party models

AI content may be generated using third-party AI models and technologies.

Additional terms of the respective provider may apply to their specific technical characteristics and use.

No guarantee of exclusivity

instababe.io does not guarantee that any given AI content is unique.

On the basis of comparable inputs, AI systems can produce similar or identical results for different users.

Connecting external accounts

Where offered, you can connect your social media accounts to instababe.io.

You must hold the necessary permissions to do so.

Authorisation

By connecting a social media account you authorise instababe.io to carry out the technical actions required for the function in question.

Third-party platforms

Social media platforms are operated by independent third parties. instababe.io has no full control over:

• their availability
• their algorithms
• their content policies
• their moderation decisions
• API changes
• account suspensions
• reach
• monetisation
• deletion or restriction of content

No guarantee of reach

instababe.io guarantees no particular number of followers, views, likes, comments, shares, revenue, leads, sales or other social media outcomes.

Responsibility for what you publish

You decide what content is published.

You are responsible for ensuring that published content meets legal requirements and the rules of the relevant platform.

Measures

Where these Terms, applicable law or legitimate security interests are breached, instababe.io may take appropriate measures. These may include:

• removing individual content
• restricting individual functions
• temporary suspension
• permanent suspension
• termination of the account
• restricting access to certain plans or functions

Legal obligations

instababe.io may remove content or restrict access where this is necessary to comply with legal obligations.

Urgent cases

In the event of serious breaches or immediate security risks, suspension may occur without prior warning.

No arbitrary removal

Where the law requires it, instababe.io takes the user's interests and the nature and severity of the breach into account.

Availability

instababe.io works to keep the platform as available as possible.

Constant or uninterrupted availability is not guaranteed unless expressly promised in a plan or a separate agreement.

Maintenance

instababe.io may carry out maintenance, updates and technical changes.

Third-party outages

Outages or restrictions affecting third parties, AI models, hosting services, payment service providers or social media APIs can impair the availability of individual functions.

Beta functions

Functions marked "beta", "preview", "experimental" or similar may be limited, faulty or only temporarily available.

Prices

The prices shown at the time the contract is formed apply.

Where required, taxes and duties are shown during the order process.

Prices for consumers

Consumers are shown prices including statutory VAT, where VAT is chargeable.

Prices for business users

For business users, the prices stated in the order process or the contract apply, plus any applicable VAT.

Late payment

In the event of late payment, instababe.io may restrict or suspend access to paid functions in accordance with statutory provisions.

Your statutory rights are unaffected.

Payment service providers

Payments may be processed through external payment service providers.

Supplementary terms of the respective payment service provider may apply to payment processing.

Statutory right of withdrawal

Consumers generally have a statutory right of withdrawal unless a statutory exclusion applies.

The details are set out in the withdrawal instructions in Annex 1.

Starting performance early

For digital services, a consumer may, under certain statutory conditions, request that instababe.io begin performance before the withdrawal period has expired.

This may require the express declarations and confirmations prescribed by law.

Digital content

Where instababe.io supplies digital content, the statutory conditions for digital content may apply to the loss of the right of withdrawal.

instababe.io will obtain the necessary information and consents during the order process.

Consumers

For consumers, the statutory provisions on conformity and liability for defects in digital products and digital services apply.

Business users

For business users, the statutory rights in case of defects apply with the limitations set out in these Terms, to the extent those limitations are legally permissible.

AI output

The mere fact that an AI-generated result does not match the user's subjective expectations is not a defect of the platform, provided the platform works as contractually agreed and no other contractual assurance has been given.

Unlimited liability

instababe.io is liable without limitation for damage:

• caused intentionally or through gross negligence
• arising from injury to life, body or health
• under mandatory statutory liability, in particular the Product Liability Act
• to the extent an expressly given guarantee so provides

Liability towards business users

Towards business users, instababe.io is liable for slight negligence only where an essential contractual obligation has been breached.

In that case liability is limited to the foreseeable damage typical of this kind of contract.

Liability towards consumers

Towards consumers, the statutory liability provisions apply.

The liability limitations in these Terms do not apply where mandatory consumer law says otherwise.

AI content

instababe.io gives no guarantee that AI-generated content is:

• factually correct
• complete
• up to date
• free of third-party rights
• suitable for a particular commercial purpose
• accepted by social media platforms
• usable without legal restriction

Commercial outcomes

instababe.io gives no guarantee of any particular commercial or social outcome from using the platform.

In particular, no guarantee is given as to social media reach, follower counts, revenue or sales.

Platform rights

All rights in the platform itself, including software, user interface, designs, trade marks, logos, databases, technical concepts and other components, remain with instababe.io or the respective rights holders.

Right of use

For the duration of the contract you receive a simple, non-exclusive, non-transferable right to use instababe.io in accordance with the plan you have booked.

No transfer

Using instababe.io transfers no ownership or other rights in the software to you.

Feedback

If you voluntarily give instababe.io feedback or suggestions for improvement, instababe.io may use them to develop its products further, unless mandatory rights of yours prevent this.

General

instababe.io may change these Terms where this is necessary because of changes in the law, technical developments, changes to the platform or other objectively justified reasons.

Towards consumers

Towards consumers, the statutory requirements for changes to contractual terms apply.

No change will be made in a way that the law does not permit.

Towards business users

Towards business users, changes may be notified with reasonable advance notice.

Where consent is required, it will be obtained accordingly.

Termination by you

You may terminate your account unless statutory or contractual provisions say otherwise.

Termination for cause

Both parties' right to terminate for cause without notice is unaffected. Good cause may exist in particular where the user:

• commits significant or repeated breaches of these Terms
• distributes illegal content through the platform
• commits payment fraud
• manipulates security mechanisms
• repeatedly circumvents credit limits
• significantly abuses the platform

Consequences of termination

When the contract ends, the right to use paid functions generally ends with it.

Where the law or the technology provides for it, you can export your data within a reasonable period.

Deletion

After the contract ends, instababe.io may delete accounts and stored data, unless statutory retention obligations apply.

Governing law

For business users, the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

For consumers, German law likewise applies, provided this does not remove the protection afforded by mandatory provisions of the state in which the consumer is habitually resident.

Place of jurisdiction

For business users, the registered office of instababe.io is agreed as the place of jurisdiction, to the extent the law permits.

In relation to consumers, the statutory rules on jurisdiction apply.

Severability

Should any provision of these Terms be or become wholly or partly invalid, the validity of the remaining provisions is unaffected.

The statutory provisions take the place of the invalid provision.

Contract text

You can access these Terms and the contractual conditions before the contract is formed and save them in reproducible form.

Priority of mandatory law

Where individual provisions of these Terms conflict with mandatory statutory provisions, in particular consumer protection provisions, the mandatory statutory provisions prevail.

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 day the contract was concluded.

To exercise your right of withdrawal, you must inform us — Algorithmo GmbH, Haus-Endt-Str. 90, 40593 Düsseldorf, hello@algorithmo.de — by means of a clear statement of your decision to withdraw from this contract. You may use the model withdrawal form in Annex 2, but you are not obliged to.

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

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery, without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw.

We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested that the service begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

Early expiry of the right of withdrawal

For digital content not supplied on a tangible medium, the right of withdrawal may expire early under the statutory conditions if:

• you have expressly agreed that we begin performing the contract before the withdrawal period expires, and
• you have confirmed that you are aware that, by giving that agreement, you lose your right of withdrawal once performance begins.

The specific conditions are implemented during the order process in line with statutory requirements.