Legal

General Terms and Conditions (GTC)

§ 1 Scope, provider

(1) These GTC apply to all contracts concerning the use of the OVERLAY service (AI-powered editing of vehicle photos), available at overlay.photo and via the OVERLAY app, between Thomas Leibel, Leipziger Str. 21, 75031 Eppingen, Germany ("provider") and the customer.

(2) Customers may be entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (in particular car dealers and dealerships) as well as consumers within the meaning of Section 13 BGB. Where individual provisions apply only to consumers or only to entrepreneurs, this is indicated.

(3) Deviating terms of the customer do not apply unless the provider expressly agrees to them in writing.

§ 2 Subject of the contract

(1) OVERLAY processes vehicle photos taken by the customer using artificial intelligence and creates images with a virtual studio background ("studio images"). Photos are taken via the OVERLAY app with guided shooting angles.

(2) The provider owes the delivery of the edited images in the app or for download. A specific economic outcome (e.g. faster vehicle sales, more clicks on listings) is not owed.

(3) The annual average availability of the service is 98%. Maintenance windows and disruptions outside the provider's sphere of influence are excluded.

§ 3 Conclusion of contract

(1) The presentation of the service on the website does not constitute a binding offer.

(2) The contract for image editing is concluded when the customer confirms a paid editing order in the app and the provider begins processing.

§ 4 Prices and payment

(1) The price per image displayed in the app or on the website at the time of the order applies. There is no subscription, no base fee and no minimum purchase volume.

(2) All prices are final prices. If VAT applies, it is included in the price and shown on the invoice.

(3) Payment is made via the payment methods offered in the app. The provider may require advance payment.

§ 5 Customer obligations, rights to the photos

(1) The customer warrants that they hold the necessary rights to the uploaded photos and that their content does not violate applicable law or third-party rights.

(2) The customer grants the provider the simple right, limited in time to the performance of the contract, to reproduce and technically process the uploaded photos for the purpose of editing.

(3) The customer may use the edited studio images without restriction in time or place for their own purposes, in particular for vehicle listings on online platforms.

(4) The provider will only name the customer as a reference with separate consent.

§ 6 AI notice and labelling

(1) The studio backgrounds are generated by artificial intelligence. The vehicle itself is not altered; wheels, paint, equipment and condition remain unedited as far as technically possible.

(2) The customer is responsible for complying with any platform or statutory labelling requirements for edited images when listing vehicles.

§ 7 Storage and deletion of files

Uploaded original photos and generated studio images are deleted automatically after the storage period indicated in the app. The customer is obliged to download their results in time.

§ 8 Right of withdrawal for consumers

(1) Consumers are generally entitled to a statutory right of withdrawal. Details can be found in the withdrawal notice.

(2) For contracts concerning the delivery of digital content not on a physical medium, the right of withdrawal expires if the provider has begun performing the contract after the consumer has expressly consented to performance beginning before the end of the withdrawal period and has confirmed their knowledge that they lose their right of withdrawal upon commencement of performance (Section 356 (5) BGB).

§ 9 Satisfaction promise

Irrespective of statutory rights: if the customer is not satisfied with an individual studio image, they may notify the provider within 14 days of delivery. The image in question will then not be charged, or the amount paid for that image will be refunded. Statutory warranty rights remain unaffected.

§ 10 Warranty and liability

(1) Statutory warranty rights apply.

(2) The provider is liable without limitation for intent and gross negligence as well as for injury to life, body or health.

(3) In cases of simple negligence, the provider is only liable for breaches of essential contractual obligations (cardinal obligations), limited to the foreseeable damage typical for the contract.

(4) Liability under the German Product Liability Act remains unaffected.

§ 11 Data protection

Information on the processing of personal data can be found in the privacy policy.

§ 12 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the provider's registered office.

(3) Should individual provisions of these GTC be invalid, the validity of the remaining provisions remains unaffected.

Last updated: June 2026