Terms of Service
This is a translation. The German version is the binding one.
Terms of Service for scenebright
Version 2.0, 27 September 2026 (draft). This is a translation. The German version is the binding one.
§ 1 Provider, scope
(1) scenebright is provided by Florian Stemmer, sole trader, Huttengrundstr. 22, 36396 Steinau an der Straße, Germany (“Provider”). (2) These terms apply to all contracts for scenebright concluded via scenebright.com or the customer portal app.scenebright.com, including the free trial and the High Resolution add-on. (3) The customer’s own terms do not apply, even if the Provider does not object to them.
§ 2 Businesses only
(1) scenebright is available exclusively to businesses within the meaning of § 14 German Civil Code (BGB), i.e. persons or entities acting in the course of their trade, business or profession. (2) Consumers cannot enter into a contract. The customer confirms at checkout that it acts as a business. The Provider may request proof (e.g. VAT number, business registration, register extract) and may terminate for cause if proof is not provided or the confirmation was incorrect. (3) As only businesses contract, no consumer rights apply, in particular no right of withdrawal.
§ 3 Services
(1) scenebright is software provided over the internet (software as a service). The customer uploads product photos. The service places the product in newly generated scenes using generative AI, creates images and, depending on the plan, videos, writes captions and hashtags per platform and publishes or schedules the posts on the customer’s connected social media accounts after approval. (2) The scope follows from the plan booked (§ 4) and the service description on the website at the time of order. (3) The Provider owes the provision of the service and the creation and publication of posts within the quota, not a specific creative result (§ 12). (4) Community management, paid ads, legal or marketing advice and any review of the lawfulness of the customer’s content are not included. (5) The Provider uses service providers for hosting, AI models, email and payments; data protection is governed by the data processing agreement (§ 15). (6) The Provider may develop the service further and change functions, AI models or service providers if there is a valid reason (technical progress, discontinuation or change of a service, security, law), the change is reasonable for the customer and the agreed scope is not materially reduced. New sub-processors are governed by § 5 of the data processing agreement.
§ 4 Plans, quotas, add-on
(1) The plans and prices on the pricing page at the time of order apply. As of 27 September 2026, net prices: Starter 89 EUR / 99 USD per month or 890 EUR / 990 USD per year, 12 posts per month, 2 channels, no video. Grow 189 EUR / 199 USD per month or 1,890 EUR / 1,990 USD per year, 30 posts, 4 channels, zoom video from the image. Pro 389 EUR / 399 USD per month or 3,890 EUR / 3,990 USD per year, 42 posts, all channels, up to 15 AI videos, otherwise zoom video. (2) The annual plan costs ten monthly fees (two months free) and is billed twelve months in advance. (3) A post is one publication on one platform; a motif appearing on three platforms counts as three posts. Unused posts expire at the end of each billing month, also on the annual plan. (4) Posts rejected by the customer or failing the automatic quality check are credited back. (5) Upgrades take effect immediately and are billed pro rata; downgrades take effect at the end of the current billing period. (6) High Resolution add-on: 49 EUR / [USD price] net per month for up to 12 jobs per month additionally rendered in 4K for download. It can be booked with any plan, cancelled monthly to the end of the billing month and ends with the main contract at the latest. (7) To prevent abuse and unforeseeable costs, the Provider may limit jobs per hour and compute costs per customer and day; limits allow the monthly quota to be reached under normal use.
§ 5 Free trial
(1) A contract starts with a free 7-day trial if the business has not used a trial before (paragraph 6). The customer stores a valid payment method with Stripe. No fee is charged during the trial. (2) The trial is limited to 5 posts; add-ons are not included. (3) The customer may cancel at any time during the trial in the portal (Subscription and invoices); the contract then ends when the trial ends, free of charge. (4) If the customer does not cancel, the contract continues on the chosen plan (monthly or annual) when the trial ends, and the stored payment method is charged for the first billing period, on the annual plan for twelve months. Date and amount of the first charge are shown at checkout and in the confirmation email. (5) At least 3 days before the trial ends, the Provider reminds the customer by email of the date and amount of the first charge and of the option to cancel. (6) One trial per business. The Provider may refuse a further trial if there are indications that the same business has already used one.
§ 6 Conclusion of contract
(1) The plans shown on the website are not a binding offer. (2) The customer makes a binding offer by choosing a plan and billing interval, confirming its business status, accepting these terms and the data processing agreement and completing checkout with Stripe via the “Start free trial” button. (3) The contract is concluded when the Provider confirms the order by email and activates portal access. (4) The Provider stores the contract text; the customer receives these terms and the data processing agreement with the confirmation and can access them in the portal. (5) Contract languages are German and English. Both versions are linked at checkout. In case of discrepancies the German version prevails.
§ 7 Term and termination
(1) After the trial the contract runs for one month (monthly plan) or twelve months (annual plan) and renews automatically for the same period unless cancelled before the end of the current period. (2) The customer may cancel without notice period to the end of the current period: the end of the current contract month or contract year. The Provider may cancel with one month’s notice to the end of the current period. The customer cancels in the portal or in text form to kontakt@scenebright.com; the Provider cancels in text form to the stored email address. (3) Termination for good cause remains unaffected, in particular if the customer is in default with more than one monthly fee, materially breaches § 9 despite a warning, or a platform blocks the Provider’s access because of the customer’s content. (4) After termination no new posts are created; posts already scheduled with a platform are still published unless the customer deletes them. (5) If the customer cancels ordinarily, fees prepaid for the running period are not refunded. If the Provider terminates ordinarily, either party terminates for good cause not attributable to the customer, or the customer terminates under § 16(2), § 18(2) or § 5(2) of the data processing agreement, prepaid fees for the time after termination are refunded pro rata.
§ 8 Prices, payment, default
(1) All prices are net; VAT is added where applicable, calculated by Stripe based on the customer’s location and VAT number; reverse charge may apply outside Germany. (2) Fees are payable in advance at the start of each billing period and collected by Stripe from the stored payment method (card or, where offered, SEPA direct debit). Invoices are provided electronically by Stripe; the customer agrees to electronic invoices. (3) If a payment fails, the Provider notifies the customer and retries. Until payment, no new jobs are accepted; running jobs are completed. Costs of a chargeback caused by the customer are borne by the customer. (4) The Provider may change prices with at least six weeks’ notice in text form, effective from the start of a new billing period. In case of an increase the customer may cancel with effect from that date; the notice will point this out. On the annual plan a new price applies from the next contract year at the earliest. (5) In case of default, statutory default interest (§ 288(2) BGB) and the flat fee under § 288(5) BGB apply. (6) The customer may set off only undisputed or finally established claims and may exercise a right of retention only in respect of claims arising from this contract. This does not apply to counterclaims for defects or partial non-performance under this contract.
§ 9 Customer obligations
(1) Rights: the customer uploads only photos, logos and texts for which it holds the rights needed for editing, reproduction and publication, and grants the Provider a simple, non-transferable right to store, edit and transmit them to the AI services used and to publish the results on the connected accounts, for the term of the contract and beyond to the extent required for § 7(4) and § 15(2) and (3). (2) Third-party trademarks, designs and works: if photos or settings show third-party trademarks, logos, protected designs or works, the customer ensures it may use them as intended, for example because it lawfully sells the goods, and that posts do not suggest a connection with a brand owner that does not exist. (3) No people: no photos showing identifiable people and no special category data (Art. 9 GDPR). (4) Lawful content: no content that violates the law or the policies of the platforms or AI providers, in particular misleading advertising, prohibited products, hate speech, violence or sexual content. (5) Factual claims: the customer checks prices, offers, product features, health or environmental claims and all other factual statements before approval. The product in the image remains the customer’s real product; the scene is generated. The customer ensures posts do not create a false impression of the product. (6) Approval and auto-publish: approval of every post is the default. If the customer enables auto-publish, it approves in advance every post that passes the automatic checks and is responsible for it as if approved individually. Posts that fail a check are not published automatically but presented for approval. (7) The customer protects access to the email inbox used for login and connects only accounts it is entitled to use. (8) Indemnity: if the customer culpably breaches paragraphs 1 to 5 or 7, it indemnifies the Provider against third-party claims and the costs of regulatory proceedings, to the extent they result from the breach and indemnification is legally permissible, including reasonable legal defence costs. The Provider informs the customer without delay and coordinates the defence.
§ 10 AI-generated content and labelling
(1) Images, videos and texts are created with generative AI; scenes are artificially generated. Results may contain errors in details, lettering, proportions or colours. (2) The Provider labels every post as AI-generated: a line at the end of the post text, covering the whole post (“AI-generated image” or “AI-generated video” in the post’s language), the platform’s own AI label where offered, and machine-readable marking in the file where technically possible (Article 50 of Regulation (EU) 2024/1689, AI Act). (3) The customer does not remove or hide the label, also when using the content outside scenebright. If the customer uses content without this label, it bears, in relation to the Provider, responsibility for disclosure under Art. 50(4) AI Act and indemnifies the Provider under § 9(8).
§ 11 Content checks, notices, restrictions
(1) Before any automatic publication the Provider checks posts automatically for clearly impermissible content (e.g. violence, hate, sexual content, identifiable people, misleading claims). An AI model performs the check; the Provider reviews flagged cases personally. A flagged post is not published automatically but presented to the customer for approval. (2) The Provider may block, not publish or delete content that is clearly unlawful or breaches § 9 and informs the customer of the measure in text form at the latest when it takes effect (Art. 17 of Regulation (EU) 2022/2065, Digital Services Act). The statement names the measure, the facts relied on, whether automated means were used, the legal provision or contract term concerned and the options to object and to go to court. The customer may object by email to kontakt@scenebright.com; the Provider reviews the objection personally and communicates the result. (3) Third parties can report content they consider unlawful by email to kontakt@scenebright.com or via the contact form (Art. 16 DSA). A notice should contain the reasons why the content is unlawful, its exact location (link), the name and email address of the notifier and a statement that the information is accurate and complete to the best of their knowledge. The Provider confirms receipt, decides promptly and communicates its decision with information on redress. The single point of contact for authorities and users under Articles 11 and 12 DSA is kontakt@scenebright.com; languages: German and English. (4) There is no general obligation of the Provider to check the lawfulness of the customer’s content; the customer’s responsibility under § 9 remains unaffected.
§ 12 No guaranteed results, defects
(1) The Provider owes a carefully generated result automatically checked for product fidelity, not a specific style or effect. The customer may reject results and regenerate within its quota. (2) No guarantee of reach, engagement, followers, revenue or other business results. (3) Defects are to be reported in text form with a comprehensible description and are remedied within a reasonable time. Strict liability for defects existing at conclusion of the contract (§ 536a(1) first alternative BGB) is excluded.
§ 13 Rights in the output
(1) The customer may use, edit and publish the generated images, videos and texts for its business purposes without limitation in time or territory, also outside the connected accounts. To the extent the Provider holds rights in the output, it grants them to the customer as a simple, transferable right upon creation. (2) AI-generated content is usually not protected by copyright under German law; third parties may create similar content. No exclusivity or protection against imitation. (3) Rights in the customer’s photos, logos and products remain with the customer. (4) The Provider does not use customer content as a reference, for advertising or to train AI models without separate consent in text form.
§ 14 Liability
(1) Unlimited liability for intent and gross negligence, injury to life, body or health, under the Product Liability Act, for fraudulently concealed defects and under any guarantee given. (2) For slight negligence the Provider is liable only for breach of an essential contractual obligation (an obligation whose fulfilment makes proper performance possible and on which the customer regularly relies), limited to the foreseeable damage typical for the contract. (3) Otherwise liability for slight negligence is excluded. (4) Except in the cases of paragraph 1, the Provider is liable for loss of data only for the effort that would have been required for restoration had the customer properly backed up its original photos. scenebright is not an archive; media of completed jobs are deleted after 90 days. (5) These rules also apply to the Provider’s representatives, employees and agents. (6) Claims for defects become time-barred one year after the statutory start of the limitation period, except in the cases of paragraph 1.
§ 15 Data protection, retention, deletion
(1) The Provider processes the customer’s personal data as contracting party under its privacy notice. Where it processes personal data on the customer’s behalf, the data processing agreement under Art. 28 GDPR applies, accepted at checkout and part of this contract. (2) The customer may request an export of its data at any time until 30 days after termination. (3) During the term, photos and media of completed jobs are deleted 90 days after completion. Between 30 and 37 days after termination all customer data is deleted, and removed from backups at the latest 14 days later (§ 9 of the data processing agreement), except invoicing and contract data subject to statutory retention, monthly totals without content (number of jobs and posts, costs per month) and content check records under § 11, kept for up to 365 days after the check to defend against claims. (4) Deleted data cannot be restored. The Provider does not delete posts already published on the platforms.
§ 16 Platforms and connected accounts
(1) Publishing uses the platforms’ interfaces (e.g. Instagram, Facebook, TikTok, X, LinkedIn, Pinterest). The customer connects and disconnects its accounts itself; the platforms’ terms apply. (2) If a platform changes its interface or rules or blocks access, the Provider may suspend publishing there and informs the customer. If the suspension is not merely temporary, the customer may terminate for cause (refund under § 7(5)).
§ 17 Availability
(1) The Provider makes the portal and processing available at [98] percent per calendar month, excluding announced maintenance of up to [8] hours per month, carried out outside peak times where possible and announced at least 2 days in advance. (2) Also excluded are disruptions of the social media platforms and the internet outside the Provider’s sphere of control. The Provider’s AI providers are its agents; the Provider is liable for them under § 14.
§ 18 Changes to these terms
(1) The Provider may change these terms for the future for a valid reason (changes in law or case law, platform rules, services used or technical processes) as long as the balance of performance and consideration is not shifted to the customer’s disadvantage. Changes to main services and prices follow only § 3(6) and § 8(4). (2) Changes are notified in text form at least six weeks before they take effect, with a comparison of old and new text. If the customer does not object before that date, the changed terms apply; the customer may instead cancel with effect from that date. The notice explains the deadline, the right to object, the right to cancel and the effect of silence. If the customer objects, the previous terms continue; the Provider may then terminate ordinarily.
§ 19 Final provisions
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. (2) If the customer is a merchant, a legal entity under public law or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction is the Provider’s seat (Steinau an der Straße, Germany, Regional Court district of Hanau). The Provider confirms this agreement in text form with the order confirmation. The Provider may also sue at the customer’s seat. (3) If a provision is invalid, the remainder stays valid and the statutory rule applies. (4) Amendments require text form.