Terms of Service

1. INTRODUCTION AND ACCEPTANCE

These Terms of Service ("Terms") govern your use of iken ("we," "us," "our"), an AI-powered 3D icon generation platform operated by Matti Schulz, a sole proprietor registered under German law with registered office at Bertolt-Brecht-Straße 43, 18507 Grimmen, Germany.

By accessing or using our service at iken.app ("Service"), you ("User," "you," "your") agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Service.

For EU Users: These Terms comply with the EU Digital Services Act, GDPR, and applicable EU consumer protection directives. You have specific rights as an EU consumer that cannot be waived.

2. DIGITAL SERVICES ACT COMPLIANCE

2.1 Service Classification

Under the EU Digital Services Act (DSA), iken operates as an online platform providing AI-generated content services. We are committed to full DSA compliance including:

• Transparent content moderation policies and procedures
• Clear terms of service and community guidelines
• Effective notice and action mechanisms for illegal content
• User-friendly complaint and redress procedures
• Regular transparency reporting on content moderation actions

2.2 EU Legal Representative

Our designated EU legal representative for DSA purposes is Matti Schulz, Bertolt-Brecht-Straße 43, 18507 Grimmen, Germany. You may contact them regarding DSA compliance matters at legal@matti-schulz.de.

2.3 Content Moderation

We employ both automated systems and human review to detect and remove illegal content, including but not limited to:

• Copyright-infringing materials
• Hate speech and discriminatory content
• Content promoting violence or illegal activities
• Child sexual abuse material (CSAM)
• Content violating intellectual property rights

3. SERVICE DESCRIPTION AND AVAILABILITY

3.1 Core Service

iken provides AI-powered 3D icon generation services through a web-based platform. Users can create custom icons using artificial intelligence technology and download them for specified uses.

3.2 Service Plans

3.3 Service Availability

We strive for 99.9% uptime but cannot guarantee uninterrupted service. Planned maintenance will be announced 48 hours in advance when possible. We are not liable for service interruptions beyond our reasonable control.

4. EU CONSUMER RIGHTS AND PROTECTIONS

4.1 Right of Withdrawal (14-Day Cooling-off Period)

EU consumers have the right to withdraw from subscription purchases within 14 days of the initial purchase without giving any reason, unless:

• You have explicitly requested immediate service provision
• You have used the service beyond the free allocation
• You have downloaded content after purchase

To exercise withdrawal rights, contact us at hello@matti-schulz.de with clear withdrawal notice. Refunds will be processed within 14 days using the original payment method.

4.2 Unfair Contract Terms Protection

Under EU Directive 93/13/EEC, any terms deemed unfair to consumers are void. We commit to:

• Plain language in all contractual terms
• No hidden fees or charges
• Transparent pricing and billing practices
• Clear cancellation procedures

4.3 Digital Content Rights

Under EU Directive 2019/770, you have rights regarding digital content quality, conformity, and remedies for non-conforming content including repair, replacement, price reduction, or termination.

5. GDPR COMPLIANCE AND DATA PROTECTION

5.1 Data Controller and Processor

We act as both data controller and processor. Our Data Protection Officer can be contacted at privacy@matti-schulz.de. We process personal data under the following legal bases:

• Contract performance: Account management, service delivery, billing
• Legitimate interest: Service improvement, fraud prevention, security
• Consent: Marketing communications (where applicable)
• Legal obligation: Tax records, law enforcement requests

5.2 Your GDPR Rights

Under GDPR, you have the following rights:

• Right of access: Request copies of your personal data
• Right to rectification: Correct inaccurate personal data
• Right to erasure: Request deletion of your personal data
• Right to restrict processing: Limit how we use your data
• Right to data portability: Transfer your data to another service
• Right to object: Object to processing based on legitimate interests
• Right to withdraw consent: Withdraw consent for consent-based processing
• Right to lodge a complaint: File complaints with supervisory authorities

5.3 Data Processing Details

We process the following categories of personal data:

• Account information (email, name, authentication data via Clerk)
• Usage data (prompts, generated icons, usage statistics)
• Payment information (processed by Stripe, not stored by us)
• Technical data (IP addresses, browser information, device data)

5.4 International Data Transfers

Data may be transferred outside the EU to our service providers. All transfers are protected by:

• Standard Contractual Clauses (SCCs)
• Adequacy decisions where applicable
• Additional safeguards as required by law

5.5 Data Retention

We retain personal data for the following periods:

• Account data: Until account deletion + 30 days
• Generated content: 90 days after generation
• Payment records: 10 years (tax law requirement)
• Support communications: 3 years
• Marketing data: Until consent withdrawal + 30 days

6. USER ACCOUNTS AND AUTHENTICATION

Account creation and authentication are managed through Clerk, a third-party service. By creating an account, you agree to:

• Provide accurate and current information
• Maintain account security and confidentiality
• Promptly notify us of any security breaches
• Take responsibility for all activities under your account

We reserve the right to suspend or terminate accounts that violate these Terms or applicable law.

7. BILLING, PAYMENTS, AND SUBSCRIPTIONS

7.1 Payment Processing

Payments are processed securely through Stripe. We do not store payment card information. All payments are subject to Stripe's terms and privacy policy.

7.2 Subscription Billing

Pro subscriptions are billed monthly in advance. Billing cycles begin on the subscription start date and renew automatically unless cancelled. Price changes will be communicated 30 days in advance.

7.3 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. We offer refunds in the following circumstances:

• EU withdrawal rights (within 14 days of purchase)
• Service unavailability exceeding 72 consecutive hours
• Billing errors or unauthorized charges
• Failure to deliver promised service features

7.4 VAT and Taxes

Prices include applicable VAT for EU customers. VAT rates are determined by your billing location. You are responsible for any additional taxes in your jurisdiction.

8. CONTENT OWNERSHIP, LICENSING, AND INTELLECTUAL PROPERTY

8.1 User-Generated Content

You retain ownership of text prompts and inputs you provide. By using our Service, you grant us a non-exclusive, worldwide license to process your inputs for service provision and improvement.

8.2 AI-Generated Icons License

Free Plan: Personal use license only. You may not use generated icons for commercial purposes, resale, or distribution.

Pro Plan: Commercial use license included. You may use generated icons for commercial purposes, including in products, marketing materials, and client work.

8.3 Intellectual Property Compliance

You warrant that your use of the Service does not infringe third-party intellectual property rights. We implement measures to prevent generation of copyrighted or trademarked content, but cannot guarantee complete prevention.

8.4 DMCA and Intellectual Property Complaints

We respond to valid intellectual property complaints. To report infringement, contact us at legal@matti-schulz.de with:

• Description of copyrighted work claimed to be infringed
• Identification of allegedly infringing material
• Your contact information and authority to act
• Good faith statement of unauthorized use
• Statement of accuracy under penalty of perjury

9. PROHIBITED USES AND CONTENT RESTRICTIONS

9.1 Prohibited Content

You may not use our Service to generate or attempt to generate:

• Illegal, harmful, or offensive content
• Content violating intellectual property rights
• Hate speech, discrimination, or harassment content
• Adult, sexual, or explicit content
• Content promoting violence or illegal activities
• Misleading or deceptive content
• Content violating privacy or dignity rights

9.2 Platform Misuse

Prohibited platform activities include:

• Attempting to circumvent usage limits or payment
• Reverse engineering or extracting underlying AI models
• Automated or scripted access beyond normal use
• Sharing account credentials or circumventing authentication
• Interfering with service operation or other users

9.3 Enforcement and Penalties

Violations may result in:

• Content removal and generation blocking
• Account warnings or temporary suspension
• Permanent account termination
• Legal action for severe violations
• Cooperation with law enforcement when required

10. TECHNICAL INFRASTRUCTURE AND DEPENDENCIES

10.1 Service Architecture

Our Service relies on the following third-party infrastructure:

• Authentication: Clerk (user account management)
• AI Processing: Replicate API(icon generation)
• Storage: Vercel Blob (temporary file storage)
• Database: Firebase (user data and metadata)
• Payments: Clerk Billing (subscription billing)
• Hosting: Vercel (application hosting)

10.2 Third-Party Service Dependencies

Service availability depends on third-party providers. We are not liable for:

• Third-party service outages or performance issues
• Changes to third-party service terms or pricing
• Data loss or corruption due to third-party failures
• Security breaches at third-party providers

10.3 Data Storage and Retention

Generated icons are stored temporarily for download purposes and automatically deleted after 90 days. User data is stored in compliance with GDPR requirements and our data retention policy.

11. AI AND ALGORITHMIC TRANSPARENCY

11.1 AI System Disclosure

Our Service uses artificial intelligence systems for icon generation. Under EU AI Act requirements, we disclose:

• AI systems are used for content generation
• Generated content may not always be accurate or appropriate
• Human oversight is available through our moderation systems
• Users can report issues with AI-generated content

11.2 Algorithmic Decision-Making

We use automated systems for:

• Content moderation and filtering
• Usage limit enforcement
• Quality control and error detection
• Security and fraud prevention

You have the right to request human review of automated decisions that significantly affect you.

11.3 Content Generation Limitations

AI-generated content may contain inaccuracies, biases, or unintended outputs. We implement safeguards but cannot guarantee perfect results. Users should review generated content before use.

12. LIMITATION OF LIABILITY AND WARRANTIES

12.1 Service Warranty Disclaimer

To the extent permitted by EU law, the Service is provided "as is" without warranties of any kind. We do not warrant that the Service will be uninterrupted, error-free, or meet your specific requirements.

12.2 Liability Limitations

Our liability is limited as follows, subject to mandatory EU consumer protection laws:

• No limitation: Death, personal injury, or fraudulent misrepresentation
• Capped liability: Direct damages limited to 12 months of subscription fees paid
• Excluded liability: Indirect, consequential, or punitive damages (where permitted by law)

12.3 EU Consumer Protection Override

Nothing in these Terms limits rights that cannot be excluded under EU consumer protection law, including:

• Rights under consumer sales and guarantee directives
• Rights to conforming digital content
• Rights to effective remedies and damages
• Rights under unfair contract terms legislation

13. DISPUTE RESOLUTION AND GOVERNING LAW

13.1 Governing Law

These Terms are governed by German law and EU regulations. For EU consumers, mandatory consumer protection laws of your residence country also apply where they provide greater protection.

13.2 Jurisdiction

German courts have jurisdiction, except:

• EU consumers may bring claims in their home country courts
• We may only sue EU consumers in their home country courts
• Small claims may be resolved in local courts

13.3 Online Dispute Resolution

EU consumers can access the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/ for resolving disputes arising from online purchases.

13.4 Alternative Dispute Resolution

We participate in alternative dispute resolution procedures with the German Bar Association Consumer Arbitration Board. This does not limit your right to pursue legal action.

14. FORCE MAJEURE AND SERVICE INTERRUPTIONS

We are not liable for delays or failures due to circumstances beyond our reasonable control, including:

• Natural disasters, pandemics, or governmental actions
• Internet infrastructure failures or cyber attacks
• Third-party service provider outages
• Labor disputes or supply chain disruptions

We will make reasonable efforts to minimize service interruptions and communicate issues promptly.

15. NOTICE AND TAKEDOWN PROCEDURES

15.1 Reporting Illegal Content

To report potentially illegal content, contact us at abuse@matti-schulz.de with:

• Detailed description of the allegedly illegal content
• URL or identification of the specific content
• Explanation of why the content is considered illegal
• Your contact information

15.2 Response Timeline

We will respond to valid reports within:

• 24 hours for urgent safety issues
• 72 hours for intellectual property claims
• 7 days for other legal compliance issues

15.3 Appeals Process

If your content is removed, you may appeal by contacting support@matti-schulz.de with evidence supporting your position. We will review appeals within 14 days.

16. CHANGES TO TERMS AND SERVICE

16.1 Terms Updates

We may update these Terms to reflect legal changes, service improvements, or business developments. For material changes:

• 30 days advance notice via email and platform notification
• Clear explanation of changes and effective date
• Right to terminate subscription if you disagree with changes
• Continued use constitutes acceptance of new terms

16.2 Service Changes

We may modify, suspend, or discontinue service features with reasonable notice. For significant changes affecting paid subscriptions, we will provide 60 days notice and offer appropriate remedies.

17. ACCOUNT TERMINATION

17.1 Termination by User

You may terminate your account at any time through account settings or by contacting support. Upon termination:

• Active subscriptions continue until the end of the billing period
• Account data is deleted according to our retention policy
• Generated content remains accessible for 30 days
• No refunds for partial billing periods (except where legally required)

17.2 Termination by Us

We may terminate accounts for Terms violations, fraudulent activity, or legal requirements. Before termination, we will:

• Provide notice and opportunity to cure violations (where appropriate)
• Explain reasons for termination
• Provide access to data export (where technically feasible)
• Process applicable refunds for unused services

18. ACCESSIBILITY AND INCLUSIVITY

We are committed to making our Service accessible to users with disabilities in accordance with EU accessibility requirements. We strive to meet WCAG 2.1 AA standards and continuously improve accessibility features.

If you encounter accessibility barriers, please contact us at accessibility@matti-schulz.de and we will work to provide reasonable accommodations.

19. CONTACT INFORMATION AND SUPPORT

20. SEVERABILITY AND ENTIRE AGREEMENT

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions remain in full force. Invalid provisions will be replaced with valid provisions that most closely reflect the intended effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and iken regarding the Service. No waiver of any term will be deemed a further or continuing waiver of such term or any other term.

Effective Date: 6/18/2025
Version: 2.0 (EU Compliance Enhanced)