Terms of Service
This is a convenience translation. The German version at /agb is the legally binding original.
1. Scope and Provider
These Terms of Service govern the use of the mobile application "TastySnap" (the "App") and all services offered within it. The provider is LUMOS STUDIO (Stoffels Terren GbR), Theaterplatz 3, 52062 Aachen, Germany ("we"). Contact: support@tastysnap.app.
By installing and using the App you agree to these Terms. Deviating terms of the user do not apply.
2. Service Description
The App allows you to have your own photos of food and drinks edited and re-staged using artificial intelligence (AI). Your uploaded photo is modified by generative AI models; the result is an AI-generated or AI-manipulated image within the meaning of Regulation (EU) 2024/1689 (the "AI Act"). Lighting, background, plating and composition may differ considerably from the original.
Image generation is fully automated. No particular aesthetic outcome and no photorealistic match with the source photo is owed.
3. Credits and Purchases
Image generation requires credits purchased as in-app purchases through the Apple App Store. Purchases are processed via your Apple account; Apple's terms apply in addition. Credits are non-transferable and cannot be redeemed for cash.
For digital content, any statutory right of withdrawal expires if you expressly consent to performance beginning before the end of the withdrawal period and acknowledge that you thereby lose your right of withdrawal. Refunds for App Store purchases are governed by Apple's policies.
4. Rights in Photos and Generated Images
You warrant that you hold all necessary rights in the photos you upload and that their processing does not infringe third-party rights. You grant us the simple usage rights technically required for processing.
We grant you a simple, perpetual right to use the generated images for private and business purposes, to the extent such rights are available to us. Any use is at your own responsibility.
5. AI Marking and User Transparency Obligations
Images created with the App are artificially generated or manipulated. They may contain machine-readable markings (e.g. invisible watermarks and metadata) identifying them as AI-generated. Removing, suppressing or falsifying such markings is prohibited.
If you use or publish generated images in the course of a professional or commercial activity (e.g. on menus, delivery platforms, websites or in advertising), you are a deployer within the meaning of Art. 3(4) of the AI Act. In that case you are yourself responsible for complying with your statutory transparency obligations — in particular the disclosure obligation under Art. 50(4) of the AI Act, under which artificially generated or manipulated image content that resembles real objects, places or events and could falsely appear authentic must be disclosed as artificially generated or manipulated when published. Purely private, non-professional use is not affected.
Independently of the above, you are responsible for ensuring that your use of the images complies with all applicable laws, in particular the prohibition of misleading advertising. When advertising food, the depicted product must substantially correspond to the product actually offered.
If you use generated images in breach of this section and third-party claims or regulatory measures are asserted against us as a result, you shall indemnify us against such claims, including reasonable costs of legal defence, unless you are not responsible for the breach.
6. Prohibited Use
You must not use the App to create unlawful, deceptive or third-party-rights-infringing content, nor technically manipulate, reverse-engineer or abuse the App (e.g. through automated use).
7. Availability
We aim for high availability but do not owe uninterrupted availability. Image generation depends on third-party providers (AI model and infrastructure providers); temporary limitations are possible.
8. Liability
We are liable without limitation for intent and gross negligence and for injury to life, body or health. In cases of slight negligence we are liable only for the breach of essential contractual obligations, limited to the foreseeable damage typical for this type of contract. Liability under the German Product Liability Act remains unaffected.
9. Apple
This agreement is between you and us, not with Apple. Apple is not responsible for the App or its content and provides no maintenance or support. Apple and its subsidiaries are third-party beneficiaries of this agreement and may enforce it against you.
10. Changes to these Terms
We may amend these Terms with effect for the future where required by changed legal or technical circumstances, provided this does not unreasonably disadvantage you. We will announce material changes in the App or on the website.
11. Final Provisions
German law applies. If you are a consumer, mandatory consumer-protection provisions of your country of habitual residence remain unaffected. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute-resolution proceedings before a consumer arbitration board.