1.1 Who we are. lean_art is provided by The Funkatorium GbR, Am Rehwinkel 2a, 14548 Schwielowsee, Germany (“we”, “us”). You can reach us at [email protected] or +49 1515 3272456.
1.2 Scope. These Terms govern your use of lean_art, including our web application and all related services (together, the “Service”).
1.3 Definitions.
(a) Anyone who is not a consumer within the meaning of § 13 of the German Civil Code is a “business customer”.
(b) “Inputs” are everything you upload or enter into the Service, such as messages, prompts, text, images, video, audio, voice recordings and reference material. “Outputs” are what the Service generates for you, including the Assistant’s replies. Inputs and Outputs together are your “Content”.
(c) “Text form” means a legible declaration that the recipient can keep and reproduce unchanged, such as an email.
1.4 Data Processing Agreement. For business customers, our Data Processing Agreement forms part of these Terms.
1.5 No other terms. Terms and conditions of business customers do not apply, even if we do not object to them, unless we have agreed to them in text form.
2.1 Age. You must be at least 18 years old.
2.2 Registration. Provide a valid email address when you register and keep it up to date. Each account is for one person.
2.3 Account security. Keep your login details confidential and tell us without delay if you suspect that someone else is using your account.
2.4 Structure. Your account is based on a contract with us for an indefinite period (the “account contract”). Subscriptions and credit purchases are separate contracts in addition to it.
2.5 How contracts are formed.
(a) Account contract. The contract is formed when you complete the registration.
(b) Subscriptions and credit purchases. By clicking the order button at the end of the checkout you make a binding offer. The contract is formed when we confirm your order by email or activate your purchase, whichever happens first.
(c) The checkout shows what you are ordering and its price before you place the order. Until you click the order button, you can correct your entries there or go back to change your choice. We store the contract text and send it to you with the confirmation of your order. The contract language is English.
2.6 Studios. Your account comes with a studio: the place to which your projects, your credits and your storage belong. We enable team features for individual studios; the holder of such a studio can invite other people to it.
(a) The holder gives each person a role that decides what they may do in the studio, and may set them a monthly spending limit. The holder can change a role or remove a person at any time.
(b) People in a studio use their own account and are bound by these Terms. What they do in the studio, they do for its holder: the Content they create in its projects is the holder’s Content, and the credits they use are the holder’s. The holder, and the people the holder lets manage the studio, can see what each person does in it and what it costs.
(c) If you bring Inputs into another person’s studio, you grant its holder a non-exclusive right, unlimited in time, to use them in that studio’s projects and to use and exploit what is made from them.
(d) The holder answers for the fault of the people they invite, in the studio, as for their own. A person’s access to a studio ends when they leave it, when the holder removes them, or when the holder’s account contract ends.
3.1 What we provide. The Service lets you develop projects with an AI assistant and create, edit, manage and store images, video, audio, text and other media with the help of AI models. Each plan’s features and limits are those shown when you order. Some features, such as using a real person’s likeness or the adult area, are available only after you have verified your identity and age.
3.2 The Assistant. The Service includes an AI assistant (the “Assistant”). On your request, it plans your work, chooses AI models, writes prompts, starts generations on your behalf and answers questions about the Service, including what an action costs. Its cost information is an estimate; credits are consumed under section 4.2.
(a) You can tell the Assistant which models to use or avoid, and you can switch off individual providers in your settings. Otherwise the Assistant chooses. Before it uses a model whose provider restricts how its Outputs may be used (section 5.4), it names the restriction and asks for your approval.
(b) Check the Assistant’s choices and results before you rely on them.
3.3 AI models. The Assistant and the generations use AI models of third-party providers, listed on our Model Terms and Pricing page. The details of each generated image, video and audio file show the model and provider that generated it.
3.4 Your own provider keys. On plans that allow it, you can connect your own account with a model provider. Calls made with your key do not consume credits; the provider bills you directly, and your contract with the provider governs those calls, including how the provider handles your Content.
3.5 Adult content. We can admit individual users to an adult area, in which models may generate sexually explicit content between adults. The adult area is not part of the agreed features of any plan.
(a) We admit only users whose identity and age of at least 18 we have verified, once they have registered their mobile phone number in the same sitting as a new identity check; there is no right to admission. You unlock the adult area for each session with a code sent to that number. An unlocked session locks again after a limited time or after inactivity. An admission ends when a later identity check names another person, when you withdraw your consent under section 2.5 of our Privacy Policy, or when your account contract ends, and we can end it at any time.
(b) Content the adult models create, and everything made from it, is adult content, as is every conversation whose project holds adult content. It is shown only to admitted users in unlocked sessions, also within a studio, and cannot be shared through public links. You can use it as a reference only for the adult models. When your admission ends, your adult content stays hidden; if you withdrew your consent, we delete it.
(c) You must not let anyone else use the adult area through your account or your phone, make adult content accessible to minors, or send it to anyone who has not asked for it.
3.6 Availability. For business customers, we owe an availability of the Service of 98 % per calendar month, not counting maintenance announced at least 24 hours in advance. Outages of individual third-party AI models do not count as long as at least one model per media type remains usable.
3.7 Changes to the Service.
(a) We may add features and models to extend or improve the Service.
(b) We may change, replace or remove features or models if the change is reasonable for you, taking your interests into account, and one of these reasons applies: a model provider changes or discontinues a model, its price or the terms for its use; a feature or model no longer meets security requirements; a change in the law or an official order requires it; the Service must be adapted to a changed technical environment or a substantially increased number of users; or we replace a feature or model with one that is at least equivalent.
(c) If a change impairs your access to or use of the Service more than slightly, we inform you in text form within a reasonable time before it takes effect; for business customers, where a model provider gives us shorter notice, we inform them without undue delay after we learn of it. You may then terminate the affected contract free of charge within 30 days of receiving our notice or of the change taking effect, whichever is later, unless you can keep using the unchanged Service at no extra cost.
3.8 Free offers and beta features. We may end free offers, such as free credits, and features marked “beta” or “preview” at any time. Beta and preview features are not part of the agreed features of your plan.
4.1 Prices. Subscriptions are billed monthly in US dollars at the prices shown when you order. A founding rate applies for as long as you keep your account and stay on a plan the rate covers; our termination rights under sections 9.1 and 9.4 remain unaffected.
4.2 Credits.
(a) You pay for what the Service does for you in credits. One credit is one US dollar, and the Service shows credits as US dollar amounts throughout — your balance, each model’s price and what an action costs. Every model call the Service makes for you consumes credits equal to the list price, at the time of the call, of the company the Service calls for it, multiplied by the model’s price factor; for a model run by a host such as fal, OpenRouter or DeepInfra, the list price is the host’s. This includes the Assistant’s own work, such as planning, reviewing and answering, as well as generating, analysing, transcribing and reading aloud. Other services the Service obtains for you, such as a code sent by text message, consume the credits our Model Terms and Pricing page shows for them.
(b) A model’s price factor is the one we set when we add the model, or 1 where we set none. Our Model Terms and Pricing page shows every factor other than 1 and what each model currently costs. We may raise the factor of a model you can already use only by notifying you in text form at least one month in advance; you may then terminate the account contract free of charge with effect from the change, and section 9.3 applies. We may lower a factor at any time.
(c) A task that is already running may consume more credits than your balance holds; we deduct the difference from your next credits.
(d) Plan credits are included in your subscription for each billing month and expire at its end. We use plan credits before bought credits.
(e) Bought credits are credits you buy in addition, at the price per credit shown when you buy them. They expire at the end of the third calendar year after the year of purchase.
(f) Automatic top-up. By turning on automatic top-up with the button marked as subject to payment, you order bought credits for the amount you chose each time your balance falls below the threshold you chose, and ask us to make them available immediately. Each top-up is a credit purchase formed when we charge your saved payment method. You can turn it off at any time.
(g) No credits are consumed for a generation that fails for technical reasons or whose Output a filter blocks.
(h) Credits cannot be transferred to another account.
4.3 Payment. Subscription fees are charged in advance at the start of each billing month.
4.4 Upgrades. If you change to a higher plan, it starts immediately with a new billing month, and we credit the unused time of your current billing month against its price.
4.5 Missed payments. If a payment is not made when due, we may suspend all generation until it is paid.
4.6 Reverse charge. For business customers, we invoice without VAT under the reverse charge only once the Federal Central Tax Office has confirmed your VAT identification number together with the name and address registered for it, and only until a later answer from that office does not confirm them. If we charged you no VAT and the reverse charge did not apply, you owe the VAT that applied; we may invoice it afterwards and charge it to your saved payment method.
5.1 The licence you give us.
(a) You grant us a non-exclusive, worldwide, royalty-free right to use your Content solely to the extent necessary to:
(i) provide the Service to you, including sending Inputs to AI model providers to generate Outputs, storing your Content, converting formats, creating previews, and finding and fixing errors;
(ii) keep the Service secure and enforce these Terms, including automated filtering and human review of content that is flagged or reported;
(iii) comply with our legal obligations; and
(iv) improve the Service, as section 2.12 of our Privacy Policy describes.
(b) We may pass this right on to the service providers we use for these purposes, such as hosting and AI model providers.
(c) The licence ends when your Content is deleted. Copies we are required by law to keep or need as evidence for legal claims, backup copies until they are overwritten, and copies a model provider keeps under its terms remain covered until they are deleted.
5.2 No training. We do not use your Content to train AI models. Where a model provider may use Inputs and Outputs to improve its models, the Model Terms and Pricing page says so; when the Service uses that provider’s model for you, the right in section 5.1 includes passing your Content to that provider on its terms.
5.3 Outputs are yours.
(a) If we hold any rights in an Output, we transfer them to you. Where a right cannot be transferred, we grant you the exclusive, irrevocable, worldwide right, unlimited in time and scope, to use, edit and exploit the Output in every way, including commercially, and to transfer this right or license it to others.
(b) Where an AI model provider grants us rights in Outputs of its model, we pass these rights on to you to the extent the provider allows.
(c) Sections (a) and (b) give you no rights in identical or similar Outputs that are generated for other users.
(d) Material we put into the Service ourselves, such as the pictures a new project comes with, stays ours, also where an Output contains it. You may use it, including commercially, as part of your Outputs.
(e) Your obligations under sections 5.4 and 6.2 remain unaffected.
5.4 Model rules.
(a) You must not use the Service for anything that a usage policy linked on our Model Terms and Pricing page prohibits.
(b) A restriction on the use of Outputs that you approved under section 3.2(a) applies to the Outputs generated with that model, and you must comply with it.
(c) Eleven Labs Inc. may also require you directly to comply with (a) and (b) for its models. When the Service uses one of its models for you, you grant Eleven Labs Inc. a non-exclusive right to process and use the Content the Service sends to that model, to provide its services.
5.5 Nature of Outputs. We do not owe a check of Outputs for third-party rights, nor that an Output is accurate, suitable for a particular purpose, unique, protected by copyright or other rights, or free of third-party rights such as copyrights, trademarks, design rights or personality rights. For consumers, this section applies only if they agreed to it expressly and separately before ordering.
5.6 Your Inputs. You may only upload or enter Inputs for which you hold all rights and consents that the law requires for us to process them as described in these Terms. If you use a real person’s face, body or voice as a reference for Outputs, you must have that person’s written consent and show it to us on request.
5.7 Storage. We store your Content within the storage limits of your plan for as long as your account exists, unless you delete it or we delete it under section 7.2. Business customers must keep their own copies of Content they need.
5.8 Feedback. We may use suggestions you send us about the Service without restriction or payment.
6.1 Prohibited content. You must not use the Service to create, upload, store or distribute content that:
(a) depicts minors, or persons who appear to be minors, in a sexual or sexualised way, whether real or generated;
(b) depicts sexual acts involving animals, or sexual acts combined with violence;
(c) is sexually explicit, unless it is adult content (section 3.5);
(d) depicts a real, identifiable person in a sexual or intimate way without their consent;
(e) gives instructions for self-harm or suicide;
(f) shows real people saying or doing things they did not say or do, in a way likely to mislead others into taking it as authentic;
(g) harasses, threatens or defames others, or discloses their private information; or
(h) is otherwise unlawful.
6.2 Prohibited conduct. You must not:
(a) circumvent or attempt to circumvent our safety filters or those of our model providers;
(b) intentionally remove, alter or obscure marks, such as metadata or watermarks, that identify Outputs as AI-generated, or use tools designed to do so;
(c) present Outputs as made by a human in order to deceive others;
(d) use Outputs to develop or train AI models;
(e) access the Service by automated means, such as bots or scrapers, other than through interfaces we provide for that purpose;
(f) resell the Service, share your login, or give third parties access to the Service other than by inviting them to a studio;
(g) impair the security or operation of the Service, probe it for vulnerabilities without our permission, or overload it; or
(h) create multiple accounts to evade a restriction we have imposed or to obtain free credits more than once.
7.1 Filters. Automated filters check what you ask the Service to generate, and what it generates, for the sexualisation of minors and for sexually explicit content. In the adult area, they check what you ask for the sexualisation of minors and for sexual content combined with violence. A filter can block a request or an Output without human involvement. We enforce the other rules in section 6 when we learn of a violation, in particular through a report.
7.2 Measures. If you violate these Terms, or the law when using the Service, we may take measures appropriate to the severity of the violation, the degree of your fault, any previous violations and your legitimate interests:
(a) a warning;
(b) blocking the content concerned, or deleting it if storing it is unlawful;
(c) temporarily restricting features or temporarily suspending your account;
(d) terminating the account contract for good cause (section 9.5).
Measures under (a) to (c), except deletion, may also be based on concrete indications of a violation; they then last only until the matter is clarified.
7.3 Payment during a suspension. If we suspend your account because of a violation for which you are at fault, your payment obligations continue during the suspension, less any expenses we save.
7.4 Reporting illegal content. Anyone can report content they consider illegal to [email protected]. Say where it is, for example its link, and why you consider it illegal, and give your name, your email address and a statement that your report is accurate and complete to the best of your knowledge. A report of child sexual abuse material needs no name.
8.1 If we cause damage or futile expenses through slight negligence, we are liable only for the breach of an essential contractual obligation, that is, an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely. Our liability is then limited to the damage that is typical for this type of contract and was foreseeable when the contract was concluded.
8.2 For business customers:
(a) We are not liable without fault for defects that already existed when the contract was concluded.
(b) If data is lost through slight negligence, we are liable only for the effort that would have been required to restore it from the copies you must keep under section 5.7.
(c) Claims for damage or futile expenses caused by slight negligence become time-barred one year after the start of the statutory limitation period.
8.3 Nothing in these Terms limits our liability for intent or gross negligence, for injury to life, body or health, for defects we fraudulently concealed, under the German Product Liability Act (Produkthaftungsgesetz), under Article 82 GDPR towards data subjects, or where we have given a guarantee.
8.4 Sections 8.1 to 8.3 also apply to the personal liability of our partners, employees, representatives and agents.
8.5 Subject to this section, the statutory rights in the event of defects apply.
9.1 Account contract. You can terminate the account contract at any time, by deleting your account or by notice. Your access then ends, and a running subscription ends at the end of its current billing month and is not renewed. We can terminate the account contract with two weeks’ notice, at the earliest with effect from the end of your running subscription.
9.2 Subscriptions run for an indefinite period. You can cancel a subscription at any time with effect from the end of the current billing month, in your settings or with the “Cancel contracts here” link on our website.
9.3 Credit purchases end when their credits are used up or expire, or when the account contract ends. If a credit purchase ends because the account contract ends, we refund the price you paid for its unused credits; we may set off our claims against you.
9.4 Our ordinary termination. We can cancel a subscription with two weeks’ notice to the end of a billing month. If we discontinue the Service as a whole, we can terminate all contracts with one month’s notice.
9.5 Termination for good cause. If we terminate the account contract for good cause, your subscription and credit purchases end with it. Good cause for us exists in particular if you seriously violate section 6.
9.6 After the account contract ends. We delete your Content 30 days after the account contract ends, unless the law requires us to keep it or we need it as evidence for legal claims.
9.7 Switching providers and exporting data.
(a) You can ask at any time to switch to another provider or to your own systems, or to have your data erased when the contract ends. Your request takes effect two months after we receive it.
(b) Then, during a transition period of up to 30 days, the Service continues on the existing terms; we provide your exportable data, give you and any provider you authorise reasonable assistance and the information you need for the switch, inform you of known risks to the continuity of the Service and keep your data secure until it is erased. You may extend the transition period once, for a period you choose. Afterwards you can still retrieve your data for 30 days.
(c) Exportable data are your Inputs, your Outputs, your projects and the metadata generated by your use. We provide Inputs and Outputs in the file formats in which the Service holds them, and the rest in a structured, commonly used and machine-readable format, as described on our Exporting your data page. Exempt, because providing them would disclose our trade secrets, are only our filter scores, internal moderation records and system logs. You prepare your export in the Service and download it there. If you are admitted to the adult area, your export also holds your adult content (section 3.5), and you download it only while the adult area is unlocked; for this, your admission lasts until the retrieval period ends. Any other export leaves adult content out.
(d) The account contract and your subscription end, and we notify you of this, when the switch is complete or, if you only want your data erased, when your request takes effect.
(e) After the retrieval period we erase your exportable data completely, unless the law requires us to keep it.
(f) Switching, exporting and erasure are free of charge.
10.1 Consumers have a right of withdrawal as set out in Annex A. If you withdraw after asking us to start before the withdrawal period ended, you pay: for a credit purchase, the share of its price that corresponds to the share of its credits, bonus credits included, that you have used; for a subscription or an upgrade (section 4.4), the share of the billing month’s fee that corresponds to the time until your withdrawal.
10.2 Your right of withdrawal ends early once we have fully provided the service, if before we started you expressly agreed that we begin before the withdrawal period ends and confirmed that you know you lose your right of withdrawal on full performance.
11.1 Communication. We communicate with you by email to the address registered with your account and through the Service. Notices to us require text form, except a withdrawal (section 10), which needs no particular form.
11.2 Transfer of the contracts. We may transfer the contracts with you to another company that takes over the Service. We inform you before the transfer, and you may terminate the contracts with effect from the transfer.
11.3 Governing law. German law applies. If you are a consumer with your habitual residence in another country, you also keep the protection of the mandatory provisions of the law of that country.
11.4 Place of jurisdiction. If you are a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the courts competent for our place of business have exclusive jurisdiction.
11.5 Consumer dispute resolution. We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
11.6 Infrastructure. Where our infrastructure is located, which law it is subject to and how we guard against access by authorities outside the EU is set out in section 5 of our Privacy Policy.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (The Funkatorium GbR, Am Rehwinkel 2a, 14548 Schwielowsee, Germany, +49 1515 3272456, [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory. You can also exercise your right of withdrawal online in the Service under Settings › Subscription › “Withdraw from contract”. If you use this function, we will send you without undue delay, on a durable medium (e.g. by email), an acknowledgement of receipt stating the content of your withdrawal and the date and time it was received.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To The Funkatorium GbR, Am Rehwinkel 2a, 14548 Schwielowsee, Germany, [email protected]:
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*):
— Ordered on (*):
— Name of consumer(s):
— Address of consumer(s):
— Signature of consumer(s) (only if this form is notified on paper):
— Date:
(*) Delete as appropriate.
lean_art v6.38.0