General Terms and Conditions for Product Visualizations, Product Images and Product Videos by Unshootable
 

Last updated: 23 July 2026

Service Provider and Contractor

Unshootable
Owner: Arian Kasapolli
Welserstraße 3
87463 Dietmannsried
Germany

Telephone: 0171 9226536
Email: info@Unshootable.de

Hereinafter referred to as the “Contractor.”
 

Section 1 – Scope and Business-Customer Status

These General Terms and Conditions apply to all contracts between the Contractor and its clients relating to the creation, editing and delivery of product visualizations, product images, product videos, animations, usage scenes and associated creative, production, editing and export services.

These General Terms and Conditions apply exclusively to:

a) entrepreneurs within the meaning of section 14 of the German Civil Code (Bürgerliches Gesetzbuch – BGB),
b) legal entities under public law, and
c) special funds under public law.

By entering into the contract, the Client confirms that it is concluding the contract exclusively in the course of its commercial or independent professional activities.

The Contractor does not enter into contracts with consumers on the basis of these General Terms and Conditions. Consequently, no statutory consumer right of withdrawal applies to contracts governed by these General Terms and Conditions.

Any deviating, conflicting or supplementary terms and conditions of the Client shall become part of the contract only if the Contractor has expressly agreed to their application in text form. This shall also apply where the Contractor commences performance with knowledge of such terms and conditions.

Individual agreements between the parties, in particular the individual quotation, expressly confirmed changes to the scope of services and an approved project briefing, shall take precedence over these General Terms and Conditions.

Section 2 – Quotation, Formation of Contract and Contractual Documents

Presentations on the Contractor’s website, in sales presentations, showreels, reference projects, personalized preview files and other marketing materials do not constitute a binding contractual offer.

The Contractor shall provide the Client with an individual quotation. Unless otherwise stated in the quotation, it may be accepted within 14 calendar days of its date of issue.

As a rule, the contract is formed when the Client digitally signs the individual quotation.

Acceptance by email or by another declaration in text form shall be effective only if expressly confirmed by the Contractor.

The version of these General Terms and Conditions applicable to the contract shall be made available to the Client together with the quotation or as part of the same electronic signature process.

By digitally signing the quotation, the Client confirms that it:

a) has received and reviewed the complete quotation,
b) has received the attached General Terms and Conditions, and
c) agrees to their incorporation into the contract.

Electronic signatures may be provided through an electronic signature service. The contract shall not be invalid merely because it was entered into or signed electronically.

Any declaration of acceptance containing additions, restrictions or other amendments to the quotation shall constitute a new offer by the Client. A contract incorporating such amended terms shall be formed only upon the Contractor’s express confirmation.

The following order of precedence shall apply in determining the content and scope of the contract:

a) expressly negotiated individual agreements,
b) the individual quotation,
c) expressly confirmed changes to the scope of services,
d) the approved project briefing, including the model list, reference images and product specifications, and
e) these General Terms and Conditions.

Subsequent requests, comments or approvals by the Client shall alter the scope of services only if the Contractor expressly confirms the change.

Any subsequent amendment of these General Terms and Conditions shall not alter contracts already entered into without the Client’s consent.

Section 3 – Subject Matter and Scope of Services

The Contractor provides, in particular:

a) AI-assisted product visualizations,
b) product and lifestyle images,
c) seasonal and weather-related product variations,
d) short product and usage videos,
e) animations and motion-picture sequences,
f) image and video editing, and
g) digital export versions for websites, online stores, marketplaces and other agreed purposes.

The number, type, subject, format, resolution, aspect ratio, duration, product model, usage scenario, deliverables and other characteristics of the contractual results shall be conclusively determined by the individual quotation.

Unless otherwise agreed in the quotation, each product model shall be presented from one defined, commercially effective key perspective.

Additional perspectives, alternative camera angles or further views are not included in the standard scope and must be quoted and remunerated separately.

Supporting product images from other perspectives may be used to analyze the product’s shape, materials, construction and details without creating any obligation to deliver additional results from those perspectives.

Where a particular product image has been agreed as the binding principal reference or “master,” the product-defining characteristics, proportions, perspective and visible construction details identifiable from that reference shall form part of the agreed specifications.

The Contractor owes the agreed result, but not any particular internal production method, software, platform or AI model unless expressly agreed otherwise.

Unless expressly agreed otherwise, the services do not include:

a) open or editable project files,
b) prompts, system instructions, seeds, workflows or automations,
c) intermediate versions, test generations, discarded variations or raw material,
d) user accounts or software licences,
e) legal reviews or intellectual-property searches,
f) technical construction, structural-engineering or dimensional reviews,
g) production-ready print data, or
h) permanent hosting or long-term archiving.

The visualizations created are intended for commercial product communication. They are not technical drawings, construction documents, assembly instructions, structural calculations or dimensionally accurate construction plans.

The Contractor may reject instructions that are unlawful, misleading, technically indefensible or clearly intended to infringe third-party rights.

Section 4 – Use of Artificial Intelligence and Technical Service Providers

The Client acknowledges that the Contractor may use generative artificial intelligence, image and video models, cloud services, editing software, post-production software and automated production processes in performing the services.

The Contractor may engage suitable freelancers, subcontractors and technical service providers. The Contractor shall remain responsible to the Client for contractual performance.

The Contractor may replace programs, models, platforms and production processes during a project, provided that this does not adversely affect the agreed specifications or scope of services.

Generative processes are not fully deterministic. An identical repetition of a generation process, the permanent technical reproducibility of a particular intermediate result or the worldwide uniqueness of a result shall be owed only if expressly agreed.

Minor technology-related deviations shall comply with the contract provided that they:

a) do not conflict with expressly agreed product characteristics,
b) do not materially impair the identity or recognizability of the product, and
c) do not materially restrict the contractually intended use.

Product details whose exact reproduction is essential to the Client must be expressly identified or clearly highlighted in the quotation, project briefing or during the reference review.

If the materials used contain trade secrets, unpublished products or information subject to particular security requirements, the Client must inform the Contractor before such materials are used. Special security or storage requirements must be agreed separately.

Section 5 – Product Images, Store Materials and Client Cooperation

The Contractor may download the product images and product information intended for the agreed project directly from the Client’s publicly accessible online store, product catalogue or other digital offering and use them for contractual performance.

By entering into the contract, the Client authorizes the Contractor, for the duration and purpose of contractual performance, to:

a) download,
b) store,
c) reproduce,
d) edit,
e) enter into technical and AI-assisted production systems, and
f) transmit to required technical service providers

the agreed product images and product information.

Upon request, the Client shall provide additional information or materials where these are required for an accurate product representation and are not clearly identifiable from the online store.

These may include, in particular:

a) correct product names,
b) dimensions and proportions,
c) colours and materials,
d) product variants,
e) technical data,
f) additional perspectives or detailed photographs, and
g) information concerning particularly critical product characteristics.

The Client is responsible for the factual accuracy and completeness of the product information supplied or published in its store.

Product details that cannot be identified from the available materials and have not been described by the Client may be plausibly supplemented or simplified as part of the design process, provided that this does not create any material misleading impression.

Where possible, the Client shall appoint a contact person with decision-making authority.

Feedback from different employees or service providers of the Client must be consolidated into one clear, complete and non-contradictory response.

If the Client fails to provide required cooperation, delivery dates shall be extended by the duration of the delay plus a reasonable restart period.

Section 6 – Rights in Source Materials and Indemnification

The Client warrants that it holds all rights, consents and authorizations required for the agreed use and editing of the source materials.

This also applies to materials obtained directly by the Contractor from the Client’s online store or product catalogue at the Client’s instruction or with its consent.

The Client’s responsibility for rights includes, in particular:

a) copyright and neighbouring rights,
b) trademark and design rights,
c) rights in product images and product designs,
d) personality and image rights,
e) data-protection rights, and
f) rights in logos, fonts, texts, music and other components.

The Client shall ensure that its rights also cover the agreed AI-assisted editing, alteration and further development of the materials.

If a third party asserts a claim against the Contractor in relation to materials provided or approved by the Client, the Client shall indemnify and hold the Contractor harmless against justified claims and reasonable legal-defence costs to the extent that the infringement originates within the Client’s area of responsibility.

The indemnification obligation is subject to the Contractor:

a) informing the Client without undue delay,
b) not making any acknowledgement or entering into any settlement without appropriately involving the Client, and
c) providing the information required for the defence.

The indemnification obligation shall not apply to the extent that the Contractor has itself culpably caused the infringement.

Section 7 – Commencement of Production, Delivery Period and Delays

Unless otherwise agreed in the individual quotation, the production and delivery period shall be up to four weeks.

The delivery period shall begin only once:

a) the contract has been validly entered into,
b) the full remuneration has been received by the Contractor,
c) the product models to be implemented have been conclusively determined, and
d) all information, materials and approvals required for production have been provided.

The Contractor is not obliged to commence production or reserve a specific production period before receipt of full payment.

Where a particularly large or complex project requires a longer production period or staged partial deliveries, the different delivery period shall be stated in the individual quotation.

Delays caused by late, incomplete, contradictory or subsequently amended information from the Client shall not be attributable to the Contractor.

Delivery periods shall be extended where circumstances outside the Contractor’s reasonable control occur, including in particular:

a) significant electricity, internet, cloud-service or platform outages,
b) cyberattacks despite reasonable security measures,
c) official measures or statutory prohibitions,
d) natural events, war, civil unrest or industrial action, and
e) unforeseeable outages of essential technical service providers.

The Contractor shall inform the Client of material delays and their anticipated consequences.

Delivery periods shall be extended by the duration of the disruption plus a reasonable restart period.

Reasonable and independently usable partial deliveries are permitted, provided that they do not cause the Client any material disadvantage.

Section 8 – Production Errors, Corrections and Changes to Services

No general creative revision, amendment or taste-based revision round is included in the price unless expressly agreed in the individual quotation.

Objectively identifiable production errors or other defects causing a result to deviate from the expressly agreed specifications shall be remedied free of charge.

Such deviations may include, in particular:

a) depiction of the wrong product model,
b) material alteration of the product’s shape or proportions,
c) materially incorrect colour or material representation,
d) missing, additional or invented components,
e) incorrect arrangement of doors, windows, handles or other components,
f) material deviation from the agreed key perspective,
g) clearly visible AI artefacts,
h) morphing or product deformation in videos,
i) an incorrect number of agreed files, or
j) missing expressly agreed formats, resolutions or durations.

A production error or entitlement to free correction shall not arise solely because:

a) the Client subjectively dislikes a creative design that otherwise complies with the contract,
b) a different atmosphere, environment or colour scheme is subsequently requested,
c) a different perspective or camera movement is requested,
d) people, vehicles or objects are to be added or replaced,
e) a different season, weather condition or time of day is requested,
f) the agreed action or usage scenario is to be changed,
g) the product or reference image is replaced, or
h) additional images, videos, formats or variations are requested.

Requests under paragraph 4 shall constitute additional changes to the services and shall be carried out only following a separate order and additional remuneration.

Before performing such additional work, the Contractor shall inform the Client of the anticipated additional costs or issue a supplementary quotation.

Complaints must be submitted collectively, specifically and in a comprehensible manner. In the case of videos, the relevant timecode should also be stated.

Within the limits of applicable law, the Contractor shall decide whether a justified defect is remedied through editing, replacement delivery or recreation.

Changes requested following acceptance shall generally be treated as a new order.

Section 9 – Delivery and Acceptance

Delivery shall be made digitally through a personally authorized Google Drive folder, a comparable cloud folder, a download link or another agreed digital transfer method.

The Contractor shall identify results intended for acceptance as final or ready for acceptance and request that the Client review them.

The Client shall review the results within ten business days of receipt of the request for acceptance unless another period has been individually agreed.

If the Client refuses acceptance, it must identify at least one specific defect within the review period.

The complaint must clearly identify the affected file, scene or video timecode and the alleged deviation from the agreed specifications.

Acceptance may not be refused due to immaterial defects.

In accordance with section 640(2) BGB, the work shall be deemed accepted if, following completion, the Contractor sets a reasonable deadline for acceptance and the Client does not refuse acceptance within that deadline while identifying at least one defect.

The unconditional publication or productive commercial use of a result identified as final shall constitute acceptance of that result.

This shall not apply where the Client has specifically notified the Contractor of a material defect before use and has expressly reserved its rights.

Where individual images, videos or project sections can be used independently, partial acceptance may take place.

Acceptance shall not be prevented by purely subjective requests for changes where the result complies with the agreed specifications.

Section 10 – Remuneration and Payment Terms

The remuneration shall be specified in the individual quotation.

All prices are net amounts. Value-added tax shall be added where legally applicable.

Unless otherwise agreed in the individual quotation, 100 per cent of the agreed remuneration shall be paid in advance.

The invoice shall be due immediately upon receipt without deduction.

Production shall commence only after full payment has been received.

Before full payment has been received, the Client shall have no entitlement to:

a) commencement of production,
b) reservation of a particular production period, or
c) commencement of the delivery period.

Different advance-payment, instalment or partial-payment arrangements shall apply only if expressly agreed in the individual quotation.

If payment is not made, the Contractor may, following a reminder and the expiry of a reasonable additional period, withdraw from or terminate the contract in accordance with applicable law.

In the event of default, the statutory default provisions shall apply, including statutory default interest and, where the requirements are met, the statutory fixed compensation for recovery costs in business-to-business transactions.

The Contractor may withhold all services until payment has been made in full unless mandatory statutory provisions provide otherwise.

The Client may set off claims only where its counterclaims have been finally adjudicated, are undisputed or are ready for adjudication. This restriction shall not apply to counterclaims arising from the same contractual relationship.

The Client may exercise a right of retention only in respect of claims arising from the same contractual relationship.

Section 11 – Rights of Use in the Work Results

Final rights of use shall be granted only after full payment and final delivery of the respective work results.

Before full payment, the Client shall receive only a revocable right to review submitted drafts or preview files internally.

Drafts, preview files and results not finally approved may be published or commercially used only with the Contractor’s express consent.

Following full payment, the Contractor grants the Client all rights of use held by the Contractor and capable of being validly granted in the work results expressly delivered as final, to the extent set out below.

Unless otherwise stated in the quotation, the grant of rights shall be:

a) exclusive, insofar as an exclusive right can legally exist and be granted,
b) unlimited in time and territory,
c) applicable to all analogue and digital forms of use known at the time the contract is entered into, and
d) applicable to the lawful commercial communication, advertising and marketing of the Client and its products.

The rights of use include, in particular, use:

a) on websites and in online stores,
b) on sales platforms and marketplaces,
c) on social networks,
d) in digital and printed advertising,
e) in presentations, catalogues and sales materials,
f) at trade fairs and points of sale, and
g) in press and public-relations activities.

The Client may reproduce, distribute, make publicly available, broadcast, shorten, reformat, combine with other content and convert final results into other file formats.

The Client may pass on the necessary rights of use to affiliated companies, retailers, distribution partners, platform operators, agencies and service providers insofar as this serves the marketing of its products.

The isolated resale or licensing of the results as standalone stock material, templates, datasets or digital products requires the Contractor’s prior consent.

The Contractor shall not sell or license final, Client-specific work results as identical final results to other clients. Expressly approved portfolio or reference use shall remain unaffected.

No rights are transferred in:

a) internal methods and production processes,
b) prompts and system instructions,
c) workflows and automations,
d) templates and technical components,
e) software or models used,
f) general know-how, or
g) intermediate versions and discarded variations.

Components based on third-party licences shall additionally be subject to the respective licence terms.

The Contractor does not warrant that wholly or partly AI-assisted results:

a) are protected by copyright or other intellectual-property rights,
b) can be registered as trademarks or designs, or
c) can be monopolized against independently created similar results.

The Contractor shall not be liable for errors or infringements arising only as a result of subsequent alterations by the Client or third parties.

Section 12 – Product Review, Legal Responsibility and Commercial Success

Unless expressly commissioned, the Contractor does not owe any legal review of the work results.

This applies in particular to:

a) copyright, trademark, design and personality rights,
b) competition and advertising law,
c) pricing and consumer-protection law,
d) product-safety and labelling requirements,
e) regulatory requirements in the intended sales market, and
f) requirements imposed by sales, store or advertising platforms.

The Client is responsible for the legality of the specific publication, advertising claim and product representation within its area of responsibility.

The Client may not use the results in a manner that creates a misleading impression regarding product characteristics, equipment, dimensions, functions, scope of delivery or possible uses that do not actually exist.

Technical or advertising claims shall be deemed to have been reviewed or confirmed by the Contractor only if such review was expressly included in the order.

The Client shall independently assess whether the intended publication is subject to any statutory disclosure or labelling requirement for artificially generated or edited content.

The Contractor does not owe any particular commercial result.

In particular, no specific sales figures, conversion rates, reach, revenue, rankings or approvals by platform operators are guaranteed.

Section 13 – Rights in the Event of Defects

A defect exists where, at the time of acceptance, the work result does not possess the expressly agreed specifications or is unsuitable for the contractually intended use.

A creative design that complies with the contract shall not be defective merely because the Client subjectively dislikes it.

Minor deviations that do not impair contractual use shall likewise not constitute defects where they result from:

a) differences between screen displays,
b) compression or platform conversion,
c) colour-space or format differences, or
d) minor generative variations.

The Client must describe any alleged defect with sufficient specificity to enable the Contractor to understand and assess it.

In the event of justified defects, the Contractor shall initially have the right to subsequent performance.

Subject to applicable law, the Contractor shall decide whether subsequent performance is provided through editing, replacement delivery or recreation.

The Client shall provide the Contractor with a reasonable period and opportunity for subsequent performance.

If subsequent performance fails or is unreasonable, the Client shall be entitled to the further statutory remedies.

No rights in respect of defects shall apply to errors arising after acceptance due to:

a) alterations by the Client or third parties,
b) use outside the agreed purpose,
c) unsuitable conversion or compression, or
d) combination with unsuitable third-party content,

unless the Client proves that the alteration was not the cause of the defect.

The statutory limitation periods shall apply to claims for defects.

Section 14 – Liability

The Contractor shall have unlimited liability:

a) in cases of intent and gross negligence,
b) in cases of culpable injury to life, limb or health,
c) where a defect has been fraudulently concealed,
d) to the extent of an expressly assumed guarantee, and
e) under the German Product Liability Act and other mandatory statutory provisions.

In the event of a slightly negligent breach of a material contractual obligation, the Contractor’s liability shall be limited to the damage foreseeable at the time the contract was entered into and typical for this type of contract.

Material contractual obligations are obligations whose performance is essential to the proper implementation of the contract and on whose performance the Client may ordinarily rely.

Liability for slightly negligent breaches of non-material contractual obligations is excluded.

In the event of data loss caused by slight negligence, liability shall be limited to the typical restoration costs that would have been incurred had proper and regular backups been made.

In particular, the Contractor shall not be liable for damage resulting from:

a) incorrect or incomplete information supplied by the Client,
b) unlawful instructions from the Client,
c) undisclosed product characteristics,
d) subsequent alterations by the Client or third parties, or
e) use outside the agreed purpose,

unless the Contractor is itself at fault in a manner giving rise to liability.

The limitations of liability shall apply correspondingly in favour of the Contractor’s legal representatives, employees, freelancers, subcontractors and vicarious agents.

Section 15 – Termination, Non-Payment and Project Interruption

Statutory termination rights shall remain unaffected.

Where the contract constitutes a contract for work and services, the Client may terminate the contract before completion in accordance with section 648 BGB. The statutory consequences regarding remuneration shall remain applicable.

Either party may terminate the contract for good cause in accordance with section 648a BGB.

Good cause for termination by the Contractor may exist in particular where the Client:

a) fails to make a due payment despite a reminder and a reasonable additional period,
b) fails to provide required cooperation despite being granted an additional period,
c) repeatedly requests unlawful services or services infringing third-party rights, or
d) permanently undermines the necessary relationship of trust through a material breach of contract.

If the agreed advance payment is not received, production shall not commence. Any proposed production period shall not be bindingly reserved.

If a project interruption caused by the Client lasts for more than 30 calendar days, the Contractor may reschedule the project in accordance with its then-current production capacity.

Upon termination, the following shall be invoiced:

a) services already performed,
b) third-party costs incurred and no longer cancellable, and
c) any statutory termination remuneration or compensation owed.

Advance payments already made shall be credited against the remuneration owed. Any surplus resulting from the final statement shall be refunded to the Client.

The Client shall have no right to receive unfinished intermediate versions, prompts, raw files or project files unless expressly agreed.

Section 16 – Confidentiality and Reference Use

Both parties shall treat the other party’s confidential information as confidential.

Information shall be deemed confidential where it is expressly marked as confidential or where its confidential nature is apparent from the nature of the information and the circumstances of its disclosure.

Confidential information may be used exclusively for contractual performance and may be disclosed only to employees, subcontractors or technical service providers who require access for that purpose.

The confidentiality obligation shall not apply to information that:

a) is already publicly known,
b) was demonstrably and lawfully known to the receiving party,
c) becomes publicly known without a breach of contract,
d) is lawfully obtained from third parties,
e) is independently developed, or
f) must be disclosed pursuant to a statutory, official or regulatory order.

The general confidentiality obligation shall continue for five years following termination of the contract. In relation to trade secrets, it shall continue for as long as the statutory requirements for trade-secret protection remain satisfied.

The Contractor may use general knowledge, experience, methods and non-Client-specific know-how for other projects.

The Contractor may use the Client’s name, logos or final work results as references, in its portfolio, on its website, on social networks or in sales materials only with the Client’s prior consent in text form.

Section 17 – Data Protection and Personal Data

Each party shall independently comply with the data-protection obligations applicable to it.

Where the Contractor processes personal data on behalf of the Client and the requirements for commissioned processing are met, the parties shall enter into a separate data-processing agreement in accordance with Article 28 GDPR before the relevant processing begins.

These General Terms and Conditions do not replace any required data-processing agreement.

The Client shall transmit only personal data whose processing is necessary for the project and lawful.

Special categories of personal data may be transmitted only following prior express agreement and where an appropriate legal basis exists.

In the case of images or videos of real individuals, the Client is responsible for ensuring that all required consents and authorizations also cover the agreed editing and publication.

Section 18 – Data Backup, Google Drive, Retention and Deletion

Final results may be provided through Google Drive or a comparable cloud service.

The Client is responsible for promptly downloading and independently retaining permanent backups of the delivered files.

Access to cloud folders or download links may be deactivated 30 calendar days after provision unless otherwise agreed.

The Contractor is not obliged to retain project files, intermediate versions or final files permanently.

Unless otherwise agreed, the Contractor may delete project-related production data 90 calendar days after acceptance or final termination of the project.

Statutory retention obligations shall remain unaffected.

Prompts, technical intermediate steps, test generations and discarded variations may be deleted during production or immediately following its completion.

Section 19 – Governing Law, Place of Jurisdiction and Final Provisions

All contractual relationships shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.

Where a jurisdiction agreement is legally permissible, the place of jurisdiction shall be the Contractor’s registered place of business.

The Contractor shall remain entitled to bring proceedings against the Client at the Client’s general place of jurisdiction.

If any provision of these General Terms and Conditions is or becomes wholly or partly invalid, the validity of the remaining provisions shall remain unaffected.

The statutory provisions shall apply in place of any invalid provision.

An invalid provision shall not automatically be replaced by a provision that most closely reflects its intended commercial purpose. Any such replacement provision requires a valid agreement between the parties.

The German-language version of these General Terms and Conditions shall prevail.

Last updated: 23 July 2026

Important Note Before Actual Use

This version is a detailed working draft, but it does not constitute a legal review or a guarantee that every clause will be valid in every individual case.

In particular, the following matters should be reviewed once by a lawyer specializing in IT, media or contract law before the document is used commercially:

• the requirement for 100 per cent advance payment,

• the distinction between free defect remediation and chargeable change requests,

• the chain of rights arising from the AI services used, and

• data protection and commissioned processing.

Digital signatures may generally be used for contractual documentation. An electronic signature may not be denied legal effect or admissibility as evidence solely because it is in electronic form. Only a qualified electronic signature is expressly treated as equivalent to a handwritten signature in all cases.

A separate data-processing agreement is required where personal data is in fact processed by the Contractor on the Client’s documented instructions.