Last updated: December 6, 2025

1. AGREEMENT TO TERMS

By accessing or using colten.app ("Service," "Platform," or "Software"), operated by Joshua Christl, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

Definitions

• "colten.app," "we," "us," or "our" refers to the platform and its operators

• "User," "you," or "your" refers to the individual or entity using the Service

• "Content" refers to images, descriptions, styles, and other data you upload

• "Generated Assets" refers to AI-generated images created through our Service

2. SERVICE DESCRIPTION

What colten.app Provides

colten.app is a SaaS platform that:

• Transforms product photographs into multiple room style variations

• Generates AI-powered images for advertising campaigns

• Integrates with Shopify for product data import

• Connects with Meta Ads API for campaign deployment

• Provides style library management and parametric variation controls

Service Availability

• Services are provided on a subscription or credit-based model

• We strive for 99.9% uptime but do not guarantee uninterrupted access

• Scheduled maintenance will be announced in advance when possible

• Emergency maintenance may occur without prior notice

Service Limitations

All services are provided "as is" without warranties of any kind. We do not guarantee:

• Specific aesthetic results from AI generation

• Advertising performance or conversion rates

• Compatibility with all product types or image formats

• Uninterrupted or error-free operation

3. ACCOUNT REGISTRATION AND SECURITY

Account Requirements

To use colten.app, you must:

• Be at least 18 years old or the age of majority in your jurisdiction

• Represent a legitimate business entity

• Provide accurate and complete registration information

• Maintain the security of your account credentials

• Have authority to bind your organization to these Terms

Account Responsibilities

You are responsible for:

• All activity occurring under your account

• Maintaining confidential login credentials

• Notifying us immediately of unauthorized access

• Compliance with all applicable laws and regulations

Account Termination Rights

We reserve the right to suspend or terminate accounts that:

• Violate these Terms of Service

• Engage in fraudulent or abusive behavior

• Generate excessive API costs through misuse

• Remain inactive for extended periods (with prior notice)

4. ACCEPTABLE USE POLICY

Permitted Uses

You may use colten.app to:

• Generate marketing images for your legitimate business products

• Test different aesthetic styles for advertising campaigns

• Create content for Meta/Facebook advertising

• Integrate with your Shopify store and Meta Ads account

Prohibited Uses

You may NOT:

• Upload images you don't have rights to use

• Generate content that violates intellectual property rights

• Create content that is illegal, harmful, or offensive

• Attempt to reverse-engineer our AI models or platform

• Resell or redistribute our Service without authorization

• Use automated systems to abuse API rate limits

• Generate content depicting minors in any context

• Create misleading, fraudulent, or deceptive advertising

• Violate platform policies of Meta, Shopify, or other integrated services

Content Standards

Your uploaded content must:

• Be owned by you or properly licensed

• Not infringe on third-party copyrights, trademarks, or patents

• Comply with advertising standards and regulations

• Not contain malicious code or harmful elements

5. INTELLECTUAL PROPERTY RIGHTS

Your Content

• You retain all ownership rights to images and content you upload

• You grant us a limited license to process your content solely to provide our Service

• We do not claim ownership of your source images or product data

• You can delete your content at any time through your account

Generated Assets

• AI-generated images created through colten.app belong to you

• You have full commercial rights to use generated images in advertising

• You are responsible for ensuring generated content complies with applicable laws

• We do not claim ownership or royalties on your generated content

Our Intellectual Property

The colten.app platform, including:

• Software code, algorithms, and AI integration methods

• User interface design and functionality

• Style library framework and parametric control systems

• Brand name, logo, and trademarks

...remains our exclusive property. You receive a limited, non-exclusive license to access the Service.

Feedback and Suggestions

If you provide feedback, suggestions, or ideas about colten.app, we may use them without compensation or obligation to you.

6. PAYMENT TERMS

Pricing Models

colten.app offers:

• Subscription Plans: Monthly or annual recurring billing

• Credit-Based System: Pay-per-generation with purchased credits

• Custom Enterprise Plans: Negotiated pricing for high-volume users

Billing and Payments

• All fees are in USD

• Payments are processed through secure third-party providers (e.g., Stripe)

• Subscription fees are billed in advance on a recurring basis

• Credits must be purchased before use and are non-refundable

• We reserve the right to modify pricing with 30 days' notice

API Costs and Usage

• AI generation costs are included in subscription tiers up to specified limits

• Excessive usage beyond plan limits may incur additional charges

• We will notify you before charging for usage overages

• You can set usage limits and alerts in your account settings

Late Payments

• Failed payments may result in service suspension

• Accounts with unpaid balances for 30+ days may be terminated

• You remain liable for all fees incurred before termination

• In case of late payment, an indemnity will be payable in accordance with French Commercial Code (articles L. 441-10). The penalty amount will be three times the legal late payment interest rate, plus a lump sum of forty euros (€40) for recovering costs.

Refund Policy

• Subscription fees are generally non-refundable

• Refunds may be issued at our discretion for service failures

• Purchased credits are non-refundable once issued

• Enterprise customers may have custom refund terms in their agreements

7. THIRD-PARTY INTEGRATIONS

Shopify Integration

• You authorize us to access your Shopify store data as needed

• You are responsible for compliance with Shopify's Terms of Service

• We are not liable for issues arising from Shopify API changes or downtime

• You can revoke access at any time

Meta (Facebook) Ads Integration

• You authorize us to create and manage ads on your behalf

• You remain responsible for ad content and compliance with Meta policies

• We are not liable for ad account suspensions or policy violations

• Meta Ads API access requires active Meta Business account

AI Service Providers

• We use third-party AI services (e.g., ByteDance Seedream-4, OpenAI)

• These services have their own terms and privacy policies

• We are not responsible for third-party service performance or availability

• AI model outputs may occasionally produce unexpected results

8. DATA PROCESSING AND PRIVACY

Data Usage

• We process your data as described in our Privacy Policy

• You grant us rights to process images and data solely to provide our Service

• We implement security measures to protect your data

• See our Privacy Policy for detailed information

GDPR Compliance

• We comply with EU General Data Protection Regulation (GDPR)

• You can exercise data subject rights as described in our Privacy Policy

• We act as a data processor for your customer data

• You are the data controller for your end-users

Data Retention

• Active account data is retained for service provision

• Deleted account data is removed within 30 days (except legal requirements)

• Generated image metadata may be retained for platform improvement

• Backup data is maintained according to our data retention policy

9. LIMITATION OF LIABILITY

No Liability for Business Losses

To the maximum extent permitted by French law, colten.app and its operators shall not be liable for:

• Lost profits, revenue, or business opportunities

• Indirect, incidental, special, or consequential damages

• Damages arising from advertising campaign performance

• Issues caused by third-party services (Shopify, Meta, AI providers)

• Data loss not caused by our gross negligence

• Force majeure events beyond our reasonable control

Exception for Fraud and Gross Misconduct

This limitation does not apply to liability arising from our fraudulent action (dol) or gross misconduct (faute lourde) under French law.

Maximum Liability Cap

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months prior to the event giving rise to liability, or €1,000, whichever is greater.

User Responsibility

You acknowledge that:

• You are solely responsible for advertising content compliance

• You must comply with all applicable advertising regulations

• Generated images should be reviewed before use in campaigns

• We do not guarantee specific ROAS or campaign performance

10. INDEMNIFICATION

You agree to indemnify and hold harmless colten.app, its operators, and affiliates from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service

• Your violation of these Terms

• Your violation of third-party rights (including intellectual property)

• Content you upload or generate through the Service

• Your advertising campaigns and their compliance with applicable laws

11. BETA FEATURES AND MODIFICATIONS

Beta Features

• We may offer experimental features marked as "beta" or "preview"

• Beta features are provided "as is" with no warranties

• Beta features may be modified or discontinued without notice

• Feedback on beta features helps us improve the platform

Service Modifications

We reserve the right to:

• Modify, suspend, or discontinue any feature at any time

• Update our technology, including AI models and integrations

• Change these Terms with 30 days' notice for material changes

• Upgrade or downgrade plans as needed with notice

12. TERMINATION

Termination by You

• You may cancel your subscription at any time through account settings

• Cancellation takes effect at the end of your current billing period

• You remain responsible for charges incurred before cancellation

• You can request data export before account closure

Termination by Us

We may terminate or suspend your account:

• For violation of these Terms

• For non-payment of fees

• For abuse or misuse of the Service

• If required by law or regulatory authorities

• Upon 30 days' notice for any reason

Effect of Termination

Upon termination:

• Your access to the Service will cease

• Unpaid fees become immediately due

• You may request data export within 30 days

• We will delete your data according to our retention policy

• Surviving provisions (payment obligations, liability limitations) remain in effect

13. DISPUTE RESOLUTION

Governing Law

These Terms are governed by the laws of Germany, without regard to conflict of law principles.

Jurisdiction

Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the Regional Court of Munich I (Landgericht München I), Germany. For appeals, the Higher Regional Court of Munich (Oberlandesgericht München) shall have jurisdiction.

Informal Resolution

Before filing a claim, you agree to contact us at contact.coltenai@gmail.com to attempt informal resolution for at least 30 days.

Language of Proceedings

All disputes shall be conducted in French or English, as appropriate, with the English version of these Terms prevailing in case of discrepancies between translations.

14. GENERAL PROVISIONS

Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and colten.app.

Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

No Waiver

Our failure to enforce any right or provision does not constitute a waiver.

Assignment

You may not assign these Terms without our consent. We may assign these Terms without restriction.

Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control (e.g., natural disasters, war, pandemics, internet failures, strikes, or acts of governmental authorities).

Language

This agreement is written in English. Translations may be provided for convenience, but the English version prevails in disputes.

Good Faith

In accordance with French law, both parties agree to negotiate and perform this agreement in good faith.

Updates to Terms

We may update these Terms from time to time. Material changes will be communicated via:

• Email to your registered address

• Prominent notice on the platform

• Updated "Last modified" date

Continued use after changes constitutes acceptance.

15. CONTACT INFORMATION

Service Provider: colten.app
Operated by: Joshua Christl
UstIdNr: DE361376284
Address: Schlierseestraße 54, 81539 München

For Support: contact.coltenai@gmail.com
For Legal Matters: contact.coltenai@gmail.com
For Billing: contact.coltenai@gmail.com

For urgent matters, please mark your email subject line accordingly.

By using colten.app, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These Terms protect both your rights as a user and our ability to provide quality service. If you have questions, please contact us before using the Service.