General Terms and Conditions (GTC) of Nani 3D GmbH
1. Scope
These General Terms and Conditions apply to all contracts between Nani 3D GmbH (hereinafter "Provider") and consumers (§ 13 BGB, hereinafter "Customer") regarding the use of the software provided by the Provider as well as the ordering of art objects generated with it.
2. Description of Services
Nani 3D GmbH provides the Customer with AI-supported software with which independently interpreted, digital 3D art objects can be generated from 2D drawings or textual descriptions.
This is an artistic creation process. The resulting 3D models do not represent an exact copy of the input, but a creative interpretation by Artificial Intelligence. The creative character is explicitly part of the service.
3. Product Selection & Customization
After creating the digital 3D object, the Customer can select a physical product based on it (e.g., frame, base, floating variant) and define dimensions. All products are individual custom-made items according to customer specifications.
4. Not a Toy, Art Object Only
The objects produced by Nani 3D GmbH are expressly to be understood as works of art. They are not suitable for use as toys or for safety-relevant applications.
5. Transfer of Rights of Use to Submitted Content
- The Customer assures that they are the holder of all necessary copyright, usage, and personal rights to the submitted content (in particular images, photos, drawings, texts, 3D models) and that no third-party rights are violated by their transmission and use.
- By transmitting content, the Customer grants Nani 3D GmbH, Am Technologiepark 5, 86159 Augsburg, a
temporally, spatially, and materially unlimited, transferable, and sub-licensable exclusive right of
use. This right includes in particular:
- reproduction, editing, adaptation, modification, and translation,
- public availability, publication, and distribution in digital and physical media,
- use for advertising, marketing, and reference purposes,
- storage in databases and archives
- as well as the further marketing of the data generated therefrom.
- The granting of rights is free of charge and irrevocable, insofar as the use is for contract fulfillment or for marketing and presentation purposes of the services of Nani 3D GmbH.
- The Customer indemnifies Nani 3D GmbH from all third-party claims asserted in connection with the contractual use of the transmitted content.
6. Copyrights & Rights of Use
The 3D models generated by Nani 3D GmbH are subject to copyright. Upon purchase of the art object, the Customer receives a simple, non-transferable right of use for private use. Any commercial use, further processing, or reproduction requires the prior written consent of Nani 3D GmbH.
7. Exclusion of Right of Withdrawal
Since the ordered products are unique items made to customer specifications (§ 312g Abs. 2 Nr. 1 BGB), there is no right of withdrawal.
8. Returns & Transport Damages
Exchange or return is excluded. In the event of damage demonstrably caused during transport, the Customer has the right to a free replacement delivery or alternatively a refund. Damages must be reported within 7 days of delivery, submitting appropriate documentation (photos, packaging).
9. Liability
The liability of the Provider is – regardless of the legal ground – limited to intent and gross negligence. For simple negligence, the Provider is only liable for the breach of essential contractual obligations (cardinal obligations), but limited to the foreseeable, typical damage. Further liability is excluded.
10. Availability and Technical Requirements
The use of the software requires appropriate technical prerequisites on the part of the Customer. The Provider assumes no liability for failures caused by insufficient hardware, internet connection, or unsupported formats.
11. Final Provisions
Should individual provisions of these GTC be ineffective or become ineffective, this shall not affect the validity of the remaining provisions.
German law applies, excluding the UN Sales Convention. The place of jurisdiction is, as far as legally permissible, the registered office of Nani 3D GmbH.