TryYourWig is a brand of Reverchon Consulting GmbH
Provider: Reverchon Consulting GmbH, Am Gasteig 6, 82335 Berg, Germany (hereinafter referred to as "Provider" or "we")
1.1. These General Terms and Conditions ("T&Cs") apply to all contracts concluded between Reverchon Consulting GmbH (operating under the brand "TryYourWig") and business customers ("Customer" or "you") regarding the use of the TryYourWig software-as-a-service platform.
1.2. The Service is directed exclusively at businesses (B2B) within the meaning of § 14 of the German Civil Code (BGB). We do not contract with individual consumers.
1.3. Conflicting or deviating terms and conditions of the Customer shall not apply unless we have expressly agreed to them in writing.
2.1. The Provider offers a web-based AI simulation tool that allows the Customer (e.g., wig shops, stylists) to virtually visualize wigs on photos of their end-users ("Service").
2.2. The Service is provided as Software-as-a-Service (SaaS). The Provider utilizes third-party AI interfaces (including Google Gemini API) to generate the images.
2.3. The quality of the generated images depends on the input data (quality of the selfie). The Provider owes the provision of the generation service, not a specific artistic result or biometric accuracy.
3.1. The presentation of the Service on the website does not constitute a binding offer.
3.2. By clicking the "Subscribe" or "Purchase" button in the checkout process, the Customer submits a binding offer to conclude a contract. The contract is formed when the Provider confirms the subscription or grants access to the Service.
3.3. The Customer warrants that all data provided during registration is accurate and that they are acting in a commercial or self-employed professional capacity.
4.1. Monthly Packages: The fee for the Service is determined by the selected package ("The Pixie Cut", "The Full Volume", "The Salon Pro"). Each package includes a defined quota of image generations ("Credits") per billing month.
4.2. Expiration of Credits: Unused Credits from the monthly package expire at the end of the respective billing month and do not roll over to the following month.
4.3. Top-Ups ("The Extensions"): If the Customer exhausts their monthly Credits, they may purchase additional Credits ("The Extensions"). In accordance with the service description, these additional Credits are valid until the end of the current billing period.
4.4. Payment Terms: Subscription fees are due in advance. Payments are processed via Stripe or PayPal. The Customer authorizes the Provider to charge the deposited payment method automatically at the start of each billing period.
4.5. All prices are net prices in Euro plus the applicable statutory value-added tax (VAT), if applicable.
5.1. End-User Consent: The Customer is solely responsible for obtaining all necessary consents from their end-users (clients) before uploading their photos to the Service. The Customer warrants that they have a legal basis (e.g., explicit consent under GDPR or relevant local laws) to process these photos.
5.2. Indemnification: The Customer shall indemnify and hold the Provider harmless from all claims by third parties (including end-users) resulting from a violation of Section 5.1 (e.g., uploading photos without permission).
5.3. Prohibited Use: The Customer may not use the Service to generate illegal, offensive, pornographic or other unethical content.
6.1. The parties agree that the Provider acts as a Data Processor for the Customer.
6.2. The Customer remains the "Controller" of the end-user data under Data Protection Law.
6.3. The processing is governed by a separate Data Processing Agreement (DPA), which is considered part of this contract.
6.4. The Provider deletes all uploaded images and generated results immediately after the session or in accordance with the deletion cycles defined in the Privacy Policy.
7.1. The Provider strives for an average annual availability of 98%. This excludes maintenance work or downtime caused by the upstream AI provider (Google API).
7.2. The Provider is entitled to update or modify the Service to reflect technical advances or changes in the underlying AI models.
8.1. The contract is concluded for an indefinite period.
8.2. Cancellation: The Customer may cancel the subscription at any time via the account admin area. The cancellation takes effect at the end of the current billing period.
8.3. The right to extraordinary termination for good cause remains unaffected.
9.1. The Provider is liable without limitation for intent and gross negligence.
9.2. In cases of slight negligence, the Provider is only liable for the breach of essential contractual obligations (cardinal duties). In this case, liability is limited to the typical, foreseeable damage.
9.3. The Provider assumes no liability for the continuous availability of the third-party AI APIs (e.g., Gemini) required for the Service.
10.1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
10.2. The exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Reverchon Consulting GmbH.
10.3. Should individual provisions of these T&Cs be ineffective, the validity of the remaining provisions shall remain unaffected.