Terms and Conditions

1. SELLER AND CONTRACTUAL PARTNER

Ersan Yüksel (WTDM), Gothaerstraße 10, 27755 Delmenhorst, Germany
Email: support@vikkisky.com
VAT ID: DE308621363

The seller named above is your sole contractual partner. Payments are processed
on our behalf by Stripe Payments Europe, Ltd. as our payment service provider.

2. MAIN CHARACTERISTICS OF THE PRODUCT

Vikki Sky Character System is a guided digital system for defining, storing, structuring and
outputting reusable character, scene, visual-style and voice-related prompt
specifications for use with external compatible AI tools. It provides structured
prompt specifications, workflows, reference material and an in-browser builder.
It does not generate or control third-party results, is not affiliated with any
third-party AI provider, and cannot guarantee identical, specific or reproducible
output from those tools.

In concrete terms the purchase includes:

  - a browser-based builder for defining and saving characters, scenes, visual
    style and voice-related prompt specifications;
  - a structured library of reusable prompt specifications and workflows;
  - written guidance and reference material for using those specifications with
    compatible third-party AI tools;
  - copy-out of your specifications as plain text for use in those tools.

The contract is a mixed contract. It consists of (a) non-tangible digital content
that is supplied to you immediately, and (b) continuing platform access as a
digital service, provided for as long as we operate the Character System. The two
components are treated separately where the law provides different rules, in
particular for the right of withdrawal.

3. PRICE, PAYMENT AND INVOICING

The total price is the amount displayed on the checkout page immediately before
you place the order. It is a single, one-time payment and includes all taxes
applicable at the time of purchase. There are no recurring charges, no renewal
fees and no shipping costs, because the product is delivered digitally. Payment
is due immediately on conclusion of the contract, by the payment methods offered
at checkout. Your purchase confirmation on a durable medium is issued by email
directly after payment.

4. CONCLUSION OF CONTRACT AND IMMEDIATE DIGITAL DELIVERY

The contract is concluded when your payment is confirmed. Delivery is digital and
immediate: access to the product is granted to the account associated with the
email address used at checkout, normally within seconds and at the latest without
undue delay. There is no physical delivery and no waiting period.

5. TECHNICAL REQUIREMENTS, FUNCTIONALITY AND COMPATIBILITY

To use the product you need:

  - a current version of a standard web browser (Chrome, Edge, Safari or Firefox)
    with JavaScript and browser storage enabled;
  - a stable internet connection;
  - an account with the email address used at checkout, signed in on our
    platform.

The product runs entirely in the browser on desktop and mobile; no installation
and no additional software licence from us is required. Content you create can be
exported as plain text and is therefore interoperable with any tool that accepts
text input. The product contains no digital rights management and no technical
protection measures that restrict this export.

6. THIRD-PARTY AI TOOLS ARE NOT INCLUDED

Image, video, voice or text generation tools of third-party providers are NOT part
of this purchase and are not resold by us. Any account, credit, subscription or
usage fee for such tools is agreed directly between you and that provider, under
its own terms, pricing and content policies. We do not control those services and
make no representation about their availability, quality, legality or about the
reproducibility of any output they produce.

7. LICENCE, YOUR CONTENT AND THIRD-PARTY OUTPUT

You receive a personal, non-transferable licence to use the product for your own
private or commercial projects. You may not resell, redistribute, publish,
sublicense or share the product's prompt specifications, templates or materials.

We claim no ownership of the inputs you provide or of the outputs you obtain. We
do not restrict your commercial use of those outputs on our side.

We cannot and do not promise that you own, or acquire copyright in, material
generated by a third-party AI tool. Whether such output is protected at all,
who holds any rights in it, and how it may be used commercially depend on the
applicable law, on the degree of your own human contribution and on the terms of
the third-party provider you selected. Please check that provider's terms before
publishing or commercialising its output.

8. REFERENCE MATERIAL, LIKENESS AND PROHIBITED USE

You are solely responsible for ensuring that you hold every right, permission and
lawful basis required for any photograph, likeness, name or other reference
material you use with the Character System. Purchasing this product grants you no
rights in another person's identity, image, voice, privacy or publicity rights,
copyright or trademark. Where the material depicts a real, identifiable person
other than yourself, you confirm that you have that person's informed consent for
this specific use, or that you are that person.

You must not use the product to: create or attempt to create a likeness of a
real, identifiable person without that person's consent, including public
figures; produce non-consensual intimate, sexual or degrading content of any real
person; impersonate another person with intent to deceive, defraud or harass;
depict a minor in a sexualised context under any circumstance; or otherwise
violate applicable law, including data-protection, personality-rights,
publicity-rights and synthetic-media or digital-replica law in your jurisdiction
(including, without limitation, such laws in the European Union, the United
Kingdom and US states).

This product is intended for users aged 18 and over. By purchasing, you confirm
that you are at least 18 years old.

We may suspend or terminate access where we have a good-faith belief that these
rules have been violated, without prejudice to your mandatory statutory rights
and to any other legal remedy.

Where applicable law, including the EU AI Act, requires you to disclose that
published image, audio or video content was artificially generated or
manipulated, you are responsible for making that disclosure clearly and
understandably at the point the content is first encountered by its audience.

9. TERM AND MEANING OF ACCESS

The purchase is a one-time purchase and not a subscription. Access is granted for
an indefinite period without any further payment by you: you have access while the
Character System is operated. This is not a guarantee that the service will be
operated for any specific number of years. If we permanently discontinue the
product, we will inform you in advance in text form and give you a reasonable
opportunity to export your content.

10. UPDATES AND AVAILABILITY

We supply the updates, including security updates, that are necessary to keep the
digital product in conformity for the period the consumer may reasonably expect.
We aim for continuous availability but do not warrant uninterrupted access;
planned maintenance and third-party outages may cause temporary interruptions.

11. STATUTORY CONFORMITY AND REMEDIES FOR DIGITAL PRODUCTS

We are liable under the statutory rules for digital products (§§ 327 ff. BGB) that
the product has the agreed quality, is fit for the contractually assumed use and
for the ordinary use, and is supplied with the agreed updates. If the product is
not in conformity you may, under the statutory conditions and in the statutory
order, demand that conformity be restored, reduce the price or withdraw from the
contract, and you may claim damages or reimbursement of futile expenses. There is
no separate commercial guarantee and no certificate of conformity beyond these
statutory rights. If you were charged more than once for the same product, or
charged in error, the surplus payment is refunded in full. Your mandatory
statutory consumer rights always remain unaffected.

12. SUPPORT AND CONTACT

Support is provided by email at support@vikkisky.com. Please state your order
reference. We answer support requests in English or German, normally within two
business days.

13. RIGHT OF WITHDRAWAL

Consumers have a statutory right of withdrawal for distance contracts. Because
this contract has a digital-content component and a continuing-service component,
the two are assessed separately:

  - Digital content: under § 356 (6) BGB the right of withdrawal expires early
    once we have begun supplying the digital content, provided that you expressly
    requested that we begin before the end of the withdrawal period, expressly
    acknowledged that you thereby lose that right, and we provide you with the
    contract confirmation under § 312f BGB.
  - Continuing platform access as a service: this component is assessed under the
    rules for services. It does not lapse merely because initial access was
    granted, and where a withdrawal remains possible you may owe proportionate
    value compensation for the part already provided.

You can withdraw at any time during a running withdrawal period using our
electronic withdrawal function at https://builder.vikkisky.com/withdrawal, or by
any other clear statement. The full conditions, the consequences of withdrawal and
the model form are set out in the Withdrawal Information and the Model Withdrawal
Form supplied together with this document.

14. LIABILITY

We are liable without limitation for intent and gross negligence, for injury to
life, body or health and under the Product Liability Act. In cases of slight
negligence we are liable only for breach of an essential contractual obligation
and only for the foreseeable damage typical of this type of contract. We are not
liable for results produced by third-party AI tools.

15. INTERNATIONAL AVAILABILITY AND SANCTIONS COMPLIANCE

This product is offered worldwide. You may not purchase or use the product if you
are located in, ordinarily resident in, or accessing it from a country or region
that is subject to comprehensive trade sanctions imposed by the European Union,
the United Nations, the United States (OFAC) or the United Kingdom, or if you are
listed on any applicable restricted-party or denied-persons list. You are
responsible for ensuring that your use of the product complies with the laws
applicable to you, including local content, likeness, publicity, data-protection
and consumer-protection law. We reserve the right to refuse, cancel or reverse an
order where required to comply with applicable sanctions or export-control law.

16. GOVERNING LAW AND DISPUTES

German law applies. Mandatory consumer protection provisions of your country of
residence remain unaffected, including if you are located in the United Kingdom,
the United States or any other country. We are neither obliged nor willing to
participate in dispute resolution proceedings before a consumer arbitration
board.

Questions about these Terms can be sent to support@vikkisky.com.