Terms and Conditions
itsreal.media GmbH
Date: 14/04/2026 | Version: 0.4 | Replaces: Version v0.3
This English version is a convenience translation of the German original. In case of discrepancy, the German version prevails.
between
itsreal.media GmbH
Julius-Hatry-Straße 1, 68163 Mannheim, Germany
Email: contact@itsreal.media
(hereinafter: the "Provider")
and the respective customer (hereinafter: the "Customer")
(the Provider and the Customer each a "Party", together the "Parties")
§ 1 Subject Matter of the Contract
(1) The subject matter of this contract is the paid and term-limited provision of the web-based software solution itsreal.media (hereinafter "Software") for the automated analysis of digital image content, as well as the rendering of accompanying IT services by the Provider under a Software-as-a-Service (SaaS) model.
(2) The Software is a fully automated AI-based analysis system (hereinafter: "Bot") that analyzes image content by machine and evaluates it with respect to its authenticity and possible AI generation. No manual or individual review by persons takes place.
(3) The Software is operated exclusively on the Provider's servers. No physical transfer of the Software takes place.
§ 2 Provider's Services
(1) The Provider shall grant the Customer access to the current version of the Software via the internet for the duration of the contract. Use is browser-based and requires no local installation. Access is restricted to registered, authorized user accounts.
(2) The Software analyzes image files for typical characteristics of AI generation or manipulation and delivers a probabilistic assessment ("Score") together with related signals. Results are made available through a customer-specific dashboard.
(3) The Provider makes available server-side storage for the processing of images uploaded by the Customer and for the provision of analysis results. Data is stored only temporarily and is regularly deleted upon completion of processing, unless an expressly agreed archiving function has been activated.
(4) The Customer additionally receives access to an application programming interface ("API") through which image files may be submitted for automated analysis. The Provider may limit or prioritize the use of the API insofar as this is necessary to maintain system operations.
(5) The Software currently achieves an average detection accuracy of over 98% in the analysis of digital image content. This metric refers to the Software's ability to distinguish real images from AI-generated images based on the current model with high probability. It is a statistical value derived from internal test series and does not represent absolute error-free performance. The Provider expressly notes that analysis results may be false positive or false negative in borderline cases. The final assessment should be supplemented by a qualified human review.
(6) The results provided by the Software serve exclusively to support the assessment of digital image content and do not constitute legally binding determinations. Fully automated decision-making based on the analysis results that produces legal effects vis-à-vis natural persons or similarly significantly affects them is not permitted. The Customer is obligated to ensure a qualified review by a suitable natural person before using the analysis results for legally or factually significant decisions.
§ 3 Scope and Rights of Use
(1) The Customer receives, for the duration of the contract, a simple, non-exclusive, non-transferable and non-sublicensable right to use the Software within the contractually agreed number of users. Use is exclusively through the web interface and the API provided by the Provider. No physical transfer or provision of the Software takes place.
(2) Local installation, reproduction, decompilation, reverse engineering, disassembly or other technical analysis of the Software is not permitted unless mandated by applicable law. The recovery of training data or model parameters from the analysis results (so-called "Data Extraction" or "Model Inference") is likewise prohibited.
(3) The Software is not intended for use in high-risk application areas within the meaning of Article 6 of the AI Act. In particular, use for high-risk activities within the meaning of Article 6(3) in conjunction with Annex III of the AI Act (e.g., biometric identification, use in educational institutions or automated government decisions) is prohibited. The Provider reserves the right to block access to the Software in the event of a breach of this purpose limitation.
(4) The Customer undertakes not to upload or process any unlawful content when using the Software, in particular no content infringing copyrights, pornographic, glorifying violence, or personal data without an appropriate legal basis.
(5) The Customer is not entitled to permit third parties to use the Software, unless they are the Customer's own employees or, within the scope of the contractually permitted use, processors acting on the Customer's instructions.
§ 4 Conclusion of Contract and Remuneration
(1) The contract for the use of the Software is concluded through the registration of a user account on the Provider's platform and the express acceptance of these terms and conditions.
(2) The Customer owes the Provider the agreed remuneration for the use of the Software. The amount is determined by the respectively agreed tariff model and the type of use (subscription or usage-based). The Provider shall inform the Customer of planned changes to remuneration in text form no later than four weeks before they take effect. In the event of an increase, the Customer shall have the right to extraordinary termination. All prices are exclusive of the applicable statutory value-added tax.
§ 5 Customer's Obligations to Cooperate
(1) The use of the Software requires a stable internet connection and a current web browser.
(2) The Customer is responsible for the secure custody and confidential handling of the access credentials provided. Disclosure to unauthorized third parties is not permitted. The Customer shall inform the Provider without undue delay as soon as any misuse or loss of access credentials becomes known or is suspected.
(3) The Customer may only upload content the use of which does not violate applicable laws, official orders, or the rights of third parties.
§ 6 Contact Point
The Provider maintains a contact point for reports of potential legal violations and for security concerns at: contact@itsreal.media. Reports are treated with priority.
§ 7 Warranty
(1) A defect exists if the Software, when used in accordance with the contract, does not fulfill the functions described in § 2 and its suitability for the contractually intended use is thereby materially impaired. Temporary unavailability within the scope of announced maintenance or minor functional deviations do not constitute a defect.
(2) The Customer shall report defects without undue delay in text form. The Provider is entitled to determine the method of defect remedy at its own discretion.
(3) If the defect remedy fails or is unreasonably delayed, the Customer is entitled to a proportional reduction of the fee.
§ 8 Liability
(1) The Parties shall have unlimited liability in cases of intent, gross negligence, and culpable injury to life, body, or health.
(2) In cases of slight negligence, the Provider shall only be liable for breach of material contractual obligations, limited to the foreseeable, contract-typical damage at the time of conclusion of the contract.
(3) Further liability claims, in particular for indirect damages, consequential damages, and lost profits, are excluded to the extent that no mandatory statutory liability applies.
(4) The Provider shall indemnify the Customer against third-party claims for intellectual property infringements arising from the intended use of the Software and not based on a breach of duty by the Customer.
(5) The Customer shall indemnify the Provider against all third-party claims arising from unlawful use of the Software by the Customer.
§ 9 Contract Term and Termination
(1) The contract is initially concluded for the term agreed at the time of conclusion. Unless otherwise agreed, the contract shall automatically renew for additional twelve-month periods unless terminated by either Party in text form with one month's notice prior to the end of the respective term.
(2) The right to extraordinary termination for cause remains unaffected.
(3) Upon termination of the contract, the Provider shall make available to the Customer, upon the Customer's written request, a copy of the stored data in a common machine-readable format. The Customer must assert this request no later than 30 days after the end of the contract. After expiry of this period, the Provider is entitled to irrevocably delete all of the Customer's data.
(4) Upon the effectiveness of termination, the Customer's right to use the Software shall end.
§ 10 Service Level Agreement
(1) The Provider shall make the Software available in principle 24 hours a day, seven days a week. Exceptions are necessary maintenance windows, emergency measures, security updates, and periods of force majeure.
(2) Technical availability shall be at least 99% on a monthly average per calendar month.
(3) Scheduled maintenance work shall not be taken into account when calculating the availability rate.
§ 11 Data Protection, Data Processing, and Confidentiality
(1) The Parties undertake to comply with all applicable data protection provisions, in particular Regulation (EU) 2016/679 (GDPR) and the German Federal Data Protection Act (BDSG).
(2) In normal operations, the Provider does not process personal data within the meaning of the GDPR on behalf of the Customer, but exclusively on its own responsibility in the context of platform provision. Insofar as the Customer uploads personal content (e.g., image files), the processing of such content for the performance of the contract is based on Article 6(1)(b) GDPR. The Customer is responsible for the lawful collection, transmission, and processing of such data.
(3) Insofar as data processing on behalf within the meaning of Article 28 GDPR applies in individual cases, the Parties shall conclude a separate data processing agreement (DPA). A standard DPA is available as an annex to these terms and conditions. Customers requiring individually negotiated data protection arrangements may request a separate DPA.
(4) In the event of a security incident affecting the confidentiality, integrity, or availability of customer data, the Provider shall inform the Customer without undue delay after becoming aware of the incident. The notification shall include, to the extent available, a description of the nature of the incident, the categories and approximate scope of the data affected, and the measures taken or planned to remedy and mitigate the effects. This obligation is without prejudice to the Provider's separate obligations under Articles 33 and 34 GDPR.
(5) The Provider undertakes to treat all confidential information obtained in the course of performing this contract confidentially and not to disclose it to third parties without authorization. This obligation does not apply insofar as disclosure is required by law or ordered by an official or judicial decision.
§ 12 Final Provisions
(1) Should any provision of this contract be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The application of § 139 of the German Civil Code (BGB) is expressly excluded.
(2) Amendments and supplements to this contract require written form. This also applies to the waiver of the written form requirement.
(3) Assignment or transfer of rights and obligations by the Customer is only permitted with the prior written consent of the Provider.
(4) This contract is governed by the laws of the Federal Republic of Germany, excluding international private law and the UN Convention on Contracts for the International Sale of Goods (CISG).
(5) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is — provided the Customer is a merchant, a legal entity under public law, or a special fund under public law — Mannheim.
Annexes
Annex 1 — Data Processing Agreement (DPA)
Attached as a separate document. The standard DPA governs the processing of personal data by the Provider on behalf of the Customer in connection with the use of the itsreal.media platform.
Status: DPA template in preparation. Publication together with or prior to the onboarding of the first customer.