General Terms and Conditions (GTC) – Dr. Headshot

1. Scope and Provider

These General Terms and Conditions apply to all contracts for the creation of AI-generated portrait photos between GunzX GmbH, Fenzlgasse 1/14, 1150 Vienna (hereinafter "Provider") and the customer.

Consumers (B2C): Individuals who use the service for private purposes.

Business customers (B2B): Companies or self-employed persons who use the service for their employees or for commercial purposes.

2. Subject Matter and Scope of Services

AI Service: Dr. Headshot creates new portrait photos from uploaded photos using artificial intelligence (AI).

Technology Disclaimer: Results are statistical approximations. The provider does not guarantee 100% similarity; technological artifacts are possible.

Labeling Requirement: The customer is informed that legal regulations (e.g., the EU AI Act) may require AI-generated images to be labeled as such when published in certain contexts. The responsibility for the proper labeling of images when using them lies solely with the customer.

3. Special Provisions for Business Customers (B2B)

Employee Photos: Companies guarantee that they have obtained the necessary consents from employees for the processing of biometric data.

Data Protection (DPA): For the processing of employee data, the provider provides a separate data processing agreement (DPA) in accordance with Art. 28 GDPR upon request or as part of the booking process.

Usage Rights: The business customer receives the right to commercial use for marketing, social media, and internal communication.

4. Copyright and Usage Rights

Uploads: The customer retains the rights to their source images.

Generated Images: After full payment, the customer receives exclusive usage rights to the results.

Legal Classification: Since AI works under current law often do not reach the threshold of originality required for classical copyright protection, the provider transfers all legally possible positions to the customer.

5. Right of Withdrawal for Consumers (B2C)

The right of withdrawal expires prematurely as soon as the provider has begun execution of the contract (AI training). The customer expressly agrees to immediate execution upon ordering and confirms the loss of the right of withdrawal with the start of the computing process.

6. Indemnification

The customer undertakes to fully indemnify and hold harmless the provider from all claims by third parties (in particular due to violation of personal rights, copyrights, or violations of labeling requirements such as the EU AI Act).

This also includes the costs of reasonable legal defense. This applies in particular if the customer uploads images of persons without having their express consent, or uses the generated images unlawfully.

7. Refunds and Warranty

No refund after start of AI training due to the high computing costs.

A goodwill regeneration requires strict compliance with the "photo requirements" when uploading.

After downloading the images, any refund is excluded.

8. Code of Conduct and Prohibitions

The creation of the following is prohibited:

• Sexual, pornographic, or discriminatory content.
• Deepfakes of public figures or third parties without their consent.

9. Limitation of Liability

The provider is liable without limitation in case of intent or gross negligence.

In case of slight negligence, liability is limited to foreseeable, contract-typical damage.

The provider is not liable for the acceptance of images by authorities or employers.

10. Final Provisions

Austrian law applies.

Place of jurisdiction for B2B customers is Vienna.

Should clauses be invalid, the remainder of the contract remains unaffected.