1.1 These general terms and conditions (“GTC”) govern the use of the software-as-a-service (“SaaS”) platform marton.ai (“platform”), which is operated by Marton GmbH, based in Karlsruhe. The platform is used exclusively under the conditions set out here.

1.2 The platform is aimed exclusively at companies, traders and self-employed persons within the meaning of § 14 BGB (“users”). Consumers within the meaning of § 13 BGB are excluded from use, as the services offered are specifically aimed at commercial and professional applications.

1.3 Divergent, conflicting or supplementary general terms and conditions of the user do not apply unless Marton GmbH has expressly agreed to their validity in writing. This applies even if the provider provides services without reservation in the knowledge of conflicting conditions.

2.1 The marton.ai platform offers users the opportunity to automatically create real estate videos by uploading images of properties using artificial intelligence. These videos can be used to market, present, and document real estate.

2.2 The platform provides various usage models:

• Subscription models: Users receive a fixed number of coins or credits that can be used to create real estate videos.
• Flexible plan: There are no monthly or annual basic fees in this model. Users have the option to purchase individual videos (“pay-per-use”).

2.3 New users can first test the service without obligation. Up to 3 videos can be created for this purpose, which contain a visible watermark (watermark). Users have the option to activate these videos for a fee (removal of the watermark). After the test videos have been used or activated for the first time, the user is automatically included in the “Flexible Plan”, unless they actively opt for a subscription model.

3.1 Registration is required to use the platform. The user must provide correct, complete and up-to-date information about himself or his company. An incorrect or incomplete information may result in the account being blocked.

3.2 By completing the registration, the user submits a binding offer to conclude a user agreement with Marton GmbH. Acceptance of this offer is made either by express confirmation by email or by making the platform available for use.

4.1 The platform is used for a fee in accordance with the selected model (subscription or individual purchase). The prices for the various subscriptions and for the purchase of individual videos in the Flexible Plan can be found in the current price list on the platform.

4.2 Payment for subscriptions is made either monthly or annually in advance. Payment for individual videos or the activation of videos is due immediately upon purchase. A refund of payments already made is excluded, unless there is a demonstrable defect in the service.

4.3 All prices quoted are net prices plus the applicable statutory value added tax.

4.4 If the user defaults on a payment due, Marton GmbH is entitled to temporarily block access to the platform until outstanding claims have been settled. After two delays in payment, the contract can be terminated by Marton GmbH without notice.

5.1 By purchasing a subscription or an individual video, the user receives a simple, non-exclusive, non-transferable and time-limited right to use the platform or the content created.

5.2 The user undertakes to upload only images for which he has the necessary rights. Use of copyrighted material without permission from the copyright holder is prohibited.

5.3 The user may not misuse the platform, in particular not for purposes that are illegal, immoral or harmful to the operation of the platform.
Eine Zuwiderhandlung führt zum sofortigen und rückwirkenden Erlöschen des Nutzungsrechts. Die Marton GmbH behält sich in diesem Fall ausdrücklich vor, zivil- und strafrechtliche Schritte einzuleiten sowie Schadensersatzansprüche geltend zu machen.

5.4 If the user activates the function on the platform to approve the content for marketing purposes (via “Feature Me” toggle), he grants Marton GmbH the simple, spatially unlimited, sub-licensable and transferable right to make the videos created and the image materials, logos and other content contained therein publicly available, reproduce and distribute (in particular on social media platforms such as Instagram, LinkedIn, TikTok, YouTube and your own website).

The user guarantees that he has all necessary rights and that the use by Marton GmbH does not infringe the rights of third parties (in particular copyrights of photographers or personal rights of depicted persons). In this respect, he indemnifies Marton GmbH from all claims made by third parties.

Continuation of rights: The right to make content already published by Marton GmbH on social media channels publicly available remains unaffected by the termination of this contract. Marton GmbH is not obliged to delete social media posts that have already been published after the end of the contract, unless this is precluded by mandatory legal deletion obligations (e.g. under data protection law when consent for personal data is withdrawn).

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6.1 Marton GmbH guarantees an average platform availability of 99% on an annual average. This does not include maintenance periods and times when the service cannot be reached due to technical or other problems beyond Marton GmbH's control.

6.2 Marton GmbH's liability is limited to intent and gross negligence. Marton GmbH is only liable for simple negligence in the event of a breach of essential contractual obligations and limited to foreseeable damage typical of the contract.

7.1 The subscription contract has a duration in accordance with the selected period (e.g. monthly or yearly) and is automatically renewed for the same period unless cancelled in due time.
‍Flexible plan: The contract in the Flexible Plan runs for an indefinite period of time and does not cause any running costs. It ends when the user deletes their account.

7.2 The user can cancel a subscription directly in the software in the “Manage subscription” area (via the payment service provider Stripe). The termination is effective at the end of the respective contract period already paid. Until that time, access to the platform and subscription features will remain.

7.3 The right to extraordinary termination for good cause remains unaffected. An important reason exists in particular if the user breaches essential contractual obligations or repeatedly defaults on payments.

8.1 Marton GmbH processes the user's personal data in compliance with applicable data protection laws. A detailed description of data processing is contained in the privacy policy, which is available on the platform.

8.2 The user agrees to the processing of his personal data to fulfill the contract. He has the right to obtain information about the stored data and to request its deletion at any time, provided that this does not conflict with legal storage obligations.

9.1 Marton GmbH reserves the right to change or supplement these terms and conditions at any time, insofar as this is necessary and does not unduly disadvantage the user.

9.2 The user will be notified of significant changes at least 30 days in advance by email or via the platform.

9.3 If the user does not object to the changes within 14 days of notification, they are considered accepted. In the event of an objection, the contract can be terminated by both parties with immediate effect.

10.1 Should individual provisions of these terms and conditions be or become invalid, the effectiveness of the remaining provisions remains unaffected.

10.2 The ineffective provision shall be replaced by an effective provision which comes closest to the economic purpose of the original provision.

10.3 The same applies to any regulatory gaps.

11.1 The law of the Federal Republic of Germany applies, excluding the UN Sales Convention (CISG).

11.2 The exclusive place of jurisdiction for all disputes arising from or in connection with these terms and conditions is the registered office of Marton GmbH, to the extent permitted by law.