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Terms of Service

Last Updated: December 30, 2025

1. Introduction and Acceptance

  • 1.1 These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Ahoi Kapptn FlexCo, an Austrian company ("GenAerial", "we", "us", or "our"), governing your access to and use of the GenAerial platform and services (collectively, the "Service").
  • 1.2 By accessing, registering for, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

  • 2.1 GenAerial is an artificial intelligence-powered platform that creates cinematic aerial visualizations. The Service transforms coordinates into AI-generated imagery for various use cases including, but not limited to, marketing, visualization, and creative projects.

3. AI-Generated Content Disclaimer

IMPORTANT: All imagery produced by GenAerial is generated by artificial intelligence and is not real photography.

You acknowledge and agree that:

  • 3.1 AI Hallucinations: AI-generated images may contain inaccuracies, distortions, or fabricated elements commonly referred to as "hallucinations." These outputs may not accurately represent the actual physical characteristics, dimensions, features, or current state of any real-world location or property.
  • 3.2 Not Real Photography: The generated images are artistic interpretations and simulations, not photographs or accurate representations of reality.
  • 3.3 No Reliance for Critical Decisions: You must not rely on GenAerial outputs for any critical decision-making purposes including, but not limited to: real estate transactions, property valuations, urban planning, construction planning, legal proceedings, insurance claims, surveying, or any other purpose requiring factual accuracy.
  • 3.4 Verification Required: Any decisions based on AI-generated imagery must be independently verified through proper professional channels, including site visits, professional photography, surveying, or other appropriate means.
  • 3.5 Liability Disclaimer: GenAerial expressly disclaims all liability for any decisions, actions, or consequences arising from reliance on AI-generated imagery. Use of the Service and its outputs is entirely at your own risk.

4. Data Source and Third-Party Compliance

  • 4.1 Third-Party Data Providers: The Service utilizes various third-party services and data providers, including but not limited to:
    • 4.1.1 AI Technology: The Service utilizes Google's Gemini AI model and Nano Banana Pro as the primary AI image generation model.
    • 4.1.2 Google Maps API: For location selection and place-based services.
    • 4.1.3 Payment Processing: Stripe for secure payment processing and subscription management.
    • 4.1.4 Other Services: Additional third-party services necessary for Service operation and delivery.
  • 4.2 User Responsibility: You are solely responsible for ensuring that your use of the Service and any generated outputs comply with all applicable laws, regulations, and third-party terms of service. GenAerial is not responsible for any violations you commit regarding third-party terms or policies.

5. Intellectual Property Rights and Licensing

  • 5.1 Platform Ownership: All intellectual property rights in the GenAerial platform, including but not limited to software, algorithms, user interface, branding, and documentation, are and remain the exclusive property of GenAerial.
  • 5.2 Output Ownership and Licensing (Tiered): Ownership varies by plan:

    5.2.1 Starter Plan (Free Tier):

    • 5.2.1.1 GenAerial retains full and exclusive ownership of all AI-generated outputs.
    • 5.2.1.2 Users are granted a limited, non-exclusive, non-transferable, revocable license for personal, non-commercial purposes only.
    • 5.2.1.3 Commercial use, resale, redistribution, or public display for commercial purposes is strictly prohibited.
    • 5.2.1.4 GenAerial reserves the right to use outputs for marketing, promotional, and operational purposes.

    5.2.2 Paid Plans (Basic and Ultra):

    • 5.2.2.1 Users are granted a perpetual, worldwide, non-exclusive, royalty-free license for both personal and commercial purposes.
    • 5.2.2.2 This includes the right to reproduce, display, modify, and distribute outputs as part of commercial projects.
    • 5.2.2.3 GenAerial retains ownership of the underlying AI related implementation, such as used prompts, but does not claim ownership of your specific outputs.
    • 5.2.2.4 You may not resell raw outputs as standalone products that directly compete with GenAerial.
  • 5.3 Attribution: While not required, we appreciate attribution when you use GenAerial-generated imagery in public-facing materials. Attribution is never required under paid plans.

6. Account Registration and Security

  • 6.1 Account Creation: You must provide accurate, current, and complete information during registration and keep it updated.
  • 6.2 Account Security: You are responsible for maintaining credential confidentiality and all activities under your account. Notify GenAerial immediately of unauthorized use.
  • 6.3 Age Requirement: You must be at least 18 years old to use the Service.

7. Subscription Plans, Payments, and Credits

  • 7.1 Subscription Plans: Features, credit allocations, and pricing for our plans are detailed on our pricing page.
  • 7.2 Payment Processing: All payments are processed through Stripe. You authorize GenAerial to charge fees to your designated payment method.
  • 7.3 Credit System:
    • 7.3.1 Monthly Allocation: Credits are allocated per billing cycle (typically monthly).
    • 7.3.2 Use-It-or-Lose-It: Unused credits expire at the end of each billing cycle and do not roll over.
    • 7.3.3 Credit Top-Ups: Add-on credits expire at the end of the current billing cycle unless specified otherwise.
    • 7.3.4 No Refunds: Unused credits have no cash value and are non-refundable.
  • 7.4 Billing and Renewal: Subscriptions automatically renew unless canceled. Price changes will be communicated with 30 days' notice.
  • 7.5 Cancellation: Cancel at any time in account settings. Access remains until the end of the paid period; no partial refunds are provided.
  • 7.6 Taxes and Payment Method: Fees are exclusive of taxes (including EU VAT). We use Stripe Managed Payments for secure payment processing. By making a purchase, you agree to pay through Stripe and acknowledge their Privacy Policy. You are responsible for all applicable taxes.

8. Right of Withdrawal (EU Consumer Rights)

  • 8.1 Statutory Right: EU/Austrian consumers have a 14-day right to withdraw without giving reasons.
  • 8.2 Waiver: By actively using credits to generate imagery, you expressly request immediate performance and waive your right of withdrawal for the completed performance.
  • 8.3 Partial Services: If only partial credits are consumed, the right of withdrawal is waived proportionally.
  • 8.4 Exercising the Right: Inform us at support@genaerial.com before consuming any credits.

9. Acceptable Use Policy

  • 9.1 Prohibited Uses: You agree not to:
    • 9.1.1 Use the service for illegal purposes or law violations.
    • 9.1.2 Infringe on third-party intellectual property or privacy.
    • 9.1.3 Generate depictions of illegal activities, violence, or hate speech.
    • 9.1.4 Reverse engineer or extract underlying AI models.
    • 9.1.5 Use automated systems/bots exceeding normal human usage.
    • 9.1.6 Circumvent credit limits or payment systems.
    • 9.1.7 Resell account access or sub-license to third parties.
    • 9.1.8 Disrupt service functionality or security.
    • 9.1.9 Generate imagery for surveillance or harassment purposes.
    • 9.1.10 Violate Google's or other third-party terms.
  • 9.2 Consequences: Violation may result in immediate account termination without refund.

10. Service Availability and Modifications

  • 10.1 Availability: No guarantee of uninterrupted operation. Downtime may occur for maintenance or updates.
  • 10.2 Modifications: We reserve the right to modify or discontinue any aspect of the Service with reasonable notice for material changes.
  • 10.3 No Liability: GenAerial is not liable for losses resulting from downtime or modifications.

11. Warranties and Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

  • 11.1 Disclaimer of Warranties: We disclaim all warranties including:
    • 11.1.1 Merchantability and fitness for a particular purpose.
    • 11.1.2 Accuracy or quality of AI-generated outputs.
    • 11.1.3 Error-free operation or meeting specific requirements.
    • 11.1.4 Security of data transmission.
  • 11.2 Third-Party Services: Not responsible for Google Maps or Stripe performance.
  • 11.3 Consumer Rights: Statutory rights under Austrian/EU law that cannot be waived remain unaffected.

12. Limitation of Liability

  • 12.1 Exclusion of Damages: To the extent permitted by law, we are not liable for:
    • 12.1.1 Indirect, incidental, or punitive damages.
    • 12.1.2 Loss of profits, data, or business opportunities.
    • 12.1.3 Reliance on AI-generated "hallucinations."
    • 12.1.4 Unauthorized data access or third-party content.
  • 12.2 Aggregate Liability Cap: Total liability shall not exceed the amount paid in the preceding 12 months, or €100, whichever is greater.
  • 12.3 Mandatory Liability: Nothing excludes liability for death, personal injury, or fraud as required by Austrian law.

13. Indemnification

  • 13.1 You agree to indemnify GenAerial against claims arising from:
    • 13.1.1 Misuse of the Service or violation of Terms.
    • 13.1.2 Infringement of third-party rights.
    • 13.1.3 Decisions made based on AI-generated imagery.

14. Privacy and Data Protection

  • 14.1 Usage is governed by our Privacy Policy.
  • 14.2 Data is processed in compliance with GDPR and Austrian Datenschutzgesetz.

15. Termination

  • 15.1 Termination by You: You can cancel your subscription at any time in account settings. Access remains until the end of the paid period; no partial refunds are provided. You can also delete your account irrevocably in the account settings.
  • 15.2 Termination by GenAerial: We may suspend access for cause (non-payment, fraud, or term violations) without notice.
  • 15.3 Effect of Termination:
    • 15.3.1 Immediate cessation of Service access.
    • 15.3.2 Forfeiture of unused credits.
    • 15.3.3 Revocation of Starter Plan licenses.
    • 15.3.4 Commercial licenses for existing paid outputs survive.

16. Changes to Terms

  • 16.1 Right to Modify: We will notify you of material changes 30 days in advance via email or notice on the Service.
  • 16.2 Acceptance: Continued use after changes constitutes acceptance.
  • 16.3 Version Control: The current version and "Last Updated" date are always available on this page.

17. Governing Law and Dispute Resolution

  • 17.1 Governing Law: Laws of Austria, excluding conflict of law provisions.
  • 17.2 Jurisdiction: Exclusive jurisdiction of courts in Vienna, Austria.
  • 17.3 EU Consumer Rights: EU consumers may bring proceedings in their country of residence.
  • 17.4 Online Dispute Resolution: Consumers may use the EU ODR platform.

18. Miscellaneous

  • 18.1 Entire Agreement: Terms and Privacy Policy constitute the full agreement.
  • 18.2 Severability: If one provision is invalid, others remain in force.
  • 18.3 Waiver: Failure to enforce a term is not a waiver of future enforcement.
  • 18.4 Assignment: GenAerial may assign Terms; users require written consent.
  • 18.5 Force Majeure: Not liable for delays beyond reasonable control (natural disasters, third-party failures).
  • 18.6 Language: English version prevails in case of translation conflicts.

19. Contact Information

By using GenAerial, 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 rights as a service provider. We encourage you to review them carefully and contact us with any questions.