Terms of Service for Interstitial AI

Last updated: 2 June 2026 · Version 2.1

These Terms govern your access to and use of Interstitial AI, including our website at https://interstitial-ai.com, the web application and editor, the Revit plugin and any other plugins or integrations we publish, and any rendering or processing endpoints we expose. We refer to all of that as the “Service”.

1. Who We Are

Interstitial AI GbR
Fraunhoferstrasse 39, 80469 Munich, Germany
Email: support@interstitial-ai.com
Phone: +49 178 5398360

The partnership is represented jointly by its three partners, Linus Grimminger, Hans Onneken, and Jacob Piazolo (joint representation under § 720 BGB).

For the legally required disclosures under § 5 DDG please see our Imprint. For details on how we process personal data please see our Privacy Policy. The rules for what you may and may not do with the Service are set out in our Acceptable Use Policy, which forms part of these Terms in the version in force when the contract is concluded, currently Version 2.0 of 2 June 2026. Later changes to the Acceptable Use Policy become part of the contract only in accordance with Section 18.

2. Scope, Eligibility, Definitions

These Terms apply to:

Consumers within the meaning of § 13 BGB, that is, natural persons who use the Service for a purpose that is mostly outside their trade, business, or profession; and
Business customers, that is, entrepreneurs (§ 14 BGB), legal entities under public law, and special funds under public law.

If you use the Service on behalf of an organisation, you confirm that you have authority to bind that organisation. We may rely on your confirmation.

You must be at least 18 years old to use the Service.

In these Terms:

Input means anything you upload, paste, draw, generate via prompt, or otherwise submit to the Service: images, CAD or BIM files, scenes, layers, masks, prompts, references, project metadata, free-form text, and similar content.
Output means anything the Service returns to you: generated images, generated videos, upscaled images, segmentations, scene exports, model analyses, and similar results.
Plan means the subscription or one-off credit pack that governs your access, including the included credits, model entitlements, and limits, as displayed at checkout or in the application.

3. The Service

We provide the Service as software-as-a-service. Some functionality runs on third-party model providers, which we name in Section 3.6 and in the Privacy Policy.

3.1 What We Promise

We make the Service available within the scope of your Plan. We commit to functional availability, not to a specific creative, technical, economic, or legal result. Generated content is the product of probabilistic models, and you should treat it as a starting point, not a finished deliverable.

3.2 AI Is Variable and Sometimes Wrong

The Service uses general-purpose AI models. Their outputs can be inaccurate, incomplete, or implausible. They can also drift over time as model providers update their systems. You are responsible for reviewing every Output before you rely on it, share it, publish it, or otherwise put it to use, and especially before you use it in any architectural, structural, safety, budgeting, legal, or compliance context. The Service does not replace professional review.

3.3 No Guarantee of Uniqueness or Non-Infringement

We do not promise that any Output is unique. We do not promise that any Output avoids infringing third-party rights. Where you publish or commercially use an Output, you are responsible for the rights clearance.

3.4 Service Changes

We may modify, replace, suspend, or discontinue features, models, parameters, integrations, or parts of the Service for objectively justified reasons such as security, legal or regulatory compliance, technical evolution, performance, or cost. Where a change disadvantages you materially, we will notify you in advance. Changes that protect security or comply with binding law may take immediate effect.

3.5 Availability and Maintenance

We make reasonable efforts to keep the Service available. We do not guarantee uninterrupted access. Maintenance windows and updates may apply.

3.6 Third-Party Model Providers

The Service depends on third-party services. The current Plan exposes models from the providers listed below. The active Plan, the model picker in the editor, and the Privacy Policy together describe what is available to you and where data is processed.

Replicate, LLC (San Francisco, USA): hosting and inference for FLUX.2 (Pro / Dev / Klein / Max), Seedream 4 and 4.5, Seedance 2.0, Kling v2.5 Turbo Pro and Kling v3, Runway Gen-4 Turbo, and Meta SAM 2 segmentation.
OpenAI Ireland Limited (Dublin, Ireland) for the OpenAI API: GPT Image 2. OpenAI models are hosted in the EU.
Google Cloud EMEA Limited (Dublin, Ireland) for Vertex AI: Gemini 3 Flash analysis, Nano Banana Pro and Nano Banana 2 image generation, Veo 3.1 video generation. Google models are hosted in the EU.
Freepik Company S.L.U. (Malaga, Spain) for Magnific image upscaling.
World Labs, Inc. (USA) for the Marble world generation models.

Some of these models were developed by entities outside the European Economic Area. We name the originating entity in the Privacy Policy, in our subprocessor list, and where relevant via an information notice in the model picker.

If we change the set of providers materially, we update Section 3.6 of these Terms and the Privacy Policy, and re-prompt you for acceptance where the change is material.

4. Account and Contract Formation

You must create an account to access most of the Service. You agree to provide accurate information and to keep it current.

A contract between you and us is formed when:

we activate your account after a successful registration; or
you purchase a paid Plan or a credit pack and the payment is confirmed; or
we counter-sign an order form,

whichever happens first.

For consumers concluding a paid contract online, the cancellation button under § 312k BGB is publicly available via the account and profile menu. The cancellation flow does not require login.

5. Licence We Grant You

Subject to these Terms and to your Plan, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service for the duration of your contract.

You must not, and must not allow anyone else to:

reverse-engineer, decompile, disassemble, or attempt to derive source code, model weights, system prompts, or internal methods; mandatory statutory rights, in particular § 69e UrhG, remain unaffected;
scrape, crawl, harvest, or mass-download Outputs or other data; bypass rate limits; or work around technical safeguards;
use the Service or Outputs to develop, train, fine-tune, benchmark, or otherwise improve a competing product or model, including model extraction, systematic Output collection, or dataset building for training;
resell, rent, lease, share, or operate the Service as a service bureau for third parties without our prior written agreement;
interfere with the security, integrity, or availability of the Service, including by uploading malware, attempting unauthorised access, or running denial-of-service patterns;
submit content that violates the Acceptable Use Policy.

All rights in the Service and in our underlying technology, including software, user interface, workflows, documentation, trademarks, and assets we provide, remain with us or with our licensors.

5a. Rights in Outputs

No copyright in pure AI outputs. Outputs are produced by generative AI models. Under applicable law, purely machine-generated outputs are as a rule not protected by copyright, because they lack the personal intellectual creation required by § 2(2) UrhG. We therefore do not warrant any protectability, uniqueness, or exclusivity of Outputs.

We claim no rights in Outputs. Where rights nonetheless arise in an Output or in an edit you make using the Service, those rights belong to you. To the extent necessary and legally permissible, we hereby assign to you any rights we may hold in the Outputs you generate and, in the alternative, grant you an unlimited (in time, territory, and content), transferable, and sub-licensable right of use.

Commercial use. Subject to the third-party model terms below and to your own rights clearance under Section 3.3, you may use, reproduce, edit, and publish Outputs for any lawful purpose, including commercial purposes.

Third-party model terms reserved. The usability of Outputs may be restricted by the terms of the model used (Section 3.6). Those restrictions apply in addition; we grant you no rights beyond those we ourselves hold. We flag material model-specific restrictions in the model picker or in the Privacy Policy.

Outputs are not exclusive. Owing to how generative AI works, other users may obtain similar or identical Outputs.

6. Licence You Grant Us for Your Inputs

6.1 Operational Licence

You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, process, transmit, transform, and display your Inputs and Outputs to the extent reasonably necessary for the purposes below. This licence serves solely to operate the Service (an accessory operational licence) and leaves your rights in Outputs under Section 5a unaffected; it is necessary to:

operate the Service and produce Outputs you request;
maintain, secure, debug, and support the Service;
prevent fraud, abuse, and security incidents; and
comply with our legal obligations.

6.2 No Training on Your Content

We do not use your Inputs or Outputs to train, fine-tune, or improve our own AI models. We use aggregated and anonymised technical and usage data, such as performance metrics and error logs, to operate, secure, and improve the Service.

The “no training” commitment relies on the upstream contracts of our model providers. Where a third-party model provider’s public terms expressly disclaim training on API inputs (Vertex AI, OpenAI), the commitment is contractually backed. Where a third-party model provider does not publish such a disclaimer — currently the World Labs Marble models — individual third-party models may use Inputs for training unless an opt-out applies; where an opt-out is available we have activated it. We narrow the commitment accordingly and explain the details in the Privacy Policy.

6.3 Your Representations

You represent and warrant that you have the rights and permissions needed for every Input you submit, and that your Inputs and your use of the Service do not:

infringe copyrights, design rights, trademarks, patents, trade secrets, or other rights;
violate privacy, personality, or data-protection rights, including the Kunsturhebergesetz where you depict identifiable individuals;
breach confidentiality obligations such as NDAs or professional secrecy; or
violate applicable law.

7. Your Responsibilities

You are responsible for activity under your account. Keep your credentials confidential. Use a strong password. Enable multi-factor authentication where we offer it. Tell us immediately if you suspect unauthorised access.

You must verify Outputs before you publish, share, or otherwise rely on them. The Service is not a substitute for professional review or compliance work.

8. Content Rules and Notice-and-Action

8.1 No General Pre-Screening

We do not pre-screen Inputs or Outputs as a matter of routine. We do run automated safety checks for unlawful content categories and reserve the right to act on signals we detect.

8.2 Enforcement

We may remove content, restrict features, suspend access, or terminate accounts when we have reasonable grounds to believe that content or use violates law, third-party rights, these Terms, or the Acceptable Use Policy, or where we identify a security or abuse risk. We may act immediately to prevent harm.

8.3 Notice and Action Under DSA Article 16

You can notify us of allegedly illegal content or content that violates these Terms by emailing support@interstitial-ai.com. To allow us to act, your notice should include:

a clear identification of the content (project, file, layer, link, or ID);
an explanation of why you believe the content is illegal or non-compliant;
your contact details, including an email address; and
a statement that, to the best of your knowledge, the information in the notice is correct and the notice is submitted in good faith.

We send an automated confirmation of receipt to the email address in your notice. We process notices in a timely, diligent, non-arbitrary, and objective manner, and we tell you about our decision and the available redress.

8.4 Statement of Reasons Under DSA Article 17

When we restrict your content or your account on the basis that it is illegal or breaches these Terms or the Acceptable Use Policy, we provide you with a statement of reasons that includes the type and the territorial and temporal scope of the decision, the facts and circumstances, whether the decision was made by automated means, the legal or contractual ground, and the redress available to you.

8.5 Repeat Infringers

We may suspend or terminate accounts of users who repeatedly post content that we have determined to be illegal or non-compliant.

8.6 Notification of Suspected Criminal Offences

Where we become aware of information that gives rise to a suspicion of a criminal offence involving a threat to the life or safety of a person, we inform the competent law-enforcement authorities without undue delay, in accordance with DSA Article 18.

8.7 Small-Enterprise Exemption

We qualify as a small enterprise within the meaning of Recommendation 2003/361/EC and rely on Article 19 of the DSA to the extent applicable. We will adapt this Section if our status changes.

9. Plans, Credits, and Payment

9.1 What We Offer

We offer monthly and annual subscriptions and one-off credit packs. Prices, included credits, and limits are shown at checkout and in the application. One credit equals one euro cent at the time of credit grant.

9.2 Payment Processor

Payments are processed by Stripe Payments Europe Limited (Dublin, Ireland) on our behalf. You must keep your payment details current. By proceeding through checkout, you accept Stripe’s checkout-page terms in addition to ours. See our Privacy Policy for details on payment data processing.

9.3 Tax

Interstitial AI GbR operates under the small business regulation (Kleinunternehmerregelung) pursuant to § 19 UStG. The price shown at checkout is the final price, and no German VAT is charged where applicable. Users outside Germany may be responsible for self-assessing VAT or import taxes where applicable.

9.4 Subscription Credits and the 2x Rollover Cap

Subscription credits are added at the start of each billing cycle. Unused subscription credits roll over, but your subscription-credit balance is capped at twice your regular per-cycle subscription allocation. Anything above the cap does not accrue.

9.5 Credit Packs

Credit-pack purchases add credits as described at checkout. Unless stated otherwise at checkout, credit-pack credits do not expire while your account is active.

9.6 Order of Consumption

Unless we tell you otherwise, your oldest available credits are consumed first.

9.7 Cancellation and Refunds

Subscriptions renew automatically until cancelled. You can cancel at any time using the cancellation button or via your account settings. Cancellation takes effect at the end of the current billing period.

For business customers, fees already paid for a billing period that has started are non-refundable; statutory claims remain unaffected.
For consumers, the statutory right of withdrawal under Section 10 applies. Once the withdrawal period has expired and the service has been performed, fees are non-refundable, except where mandatory law requires a refund.
Credit-pack purchases are non-refundable once credits have been added to your account, except where mandatory law requires a refund.

9.8 Late Payment and Chargebacks

If a payment is overdue or a chargeback occurs, we may suspend access until the matter is resolved. Statutory default interest and reasonable recovery costs may apply.

10. Consumer Right of Withdrawal

You have a right of withdrawal under § 355 BGB. The standard period is 14 days from the date the contract is concluded.

To exercise the right, send us a clear declaration of withdrawal, for example by email to support@interstitial-ai.com. We provide a withdrawal instruction and a model withdrawal form; the model form is also available on request.

For paid digital services, the right of withdrawal expires when we begin performance, provided that you (i) have given express prior consent to the performance starting before the withdrawal period ends, (ii) have acknowledged that you lose the right of withdrawal once performance is complete, and (iii) we have confirmed the contract on a durable medium. We obtain these acknowledgements at checkout where applicable. Where the right of withdrawal does not expire under those conditions and you exercise it after performance has begun, you owe us a proportionate amount calculated on the agreed contract price.

11. Term, Suspension, Termination, Your Data

11.1 Term

Subscription Plans run for the billing period you selected and renew automatically unless you cancel.

11.2 Suspension or Termination for Cause

We may suspend or terminate immediately for material breach (including repeated breaches of the Acceptable Use Policy), non-payment, security risks, or compliance reasons.

11.3 Export and Deletion

You can export project data through the application during your contract and for thirty days after termination. After that period we delete or anonymise your data, subject to legal retention requirements (for example § 257 HGB and § 147 AO for invoice data) and to legitimate interests in defending legal claims.

You can request deletion of your account at any time from your account settings or by emailing support@interstitial-ai.com. The Privacy Policy sets out how data subject rights under the GDPR are exercised.

11.4 Switching Providers and Data Export

To the extent the EU Data Act (Regulation (EU) 2023/2854) applies, we support you in switching to another provider and in porting your data to your own infrastructure. On request, we export your data in a structured, commonly used, machine-readable format and support a switch of provider; we do not charge a fee for this.

12. Defects and Warranty

12.1 AI Variability Is Not a Defect

Non-determinism, stylistic variation, hallucination, and changes caused by upstream model updates are characteristics of generative AI. They do not constitute defects.

12.2 Consumer Warranty Rights

For consumers, statutory warranty rights for digital products and digital services under §§ 327 ff. BGB remain unaffected.

12.3 Remedy

If the Service materially deviates from the agreed scope and the deviation significantly impairs your use, we will use reasonable efforts to restore functionality through a fix or workaround.

13. Liability

13.1 Unlimited Liability

We are liable without limit for damage caused by intent or gross negligence, for injury to life, body, or health, and under mandatory product-liability law, including the statutory strict (no-fault) product liability for products (including software and AI systems). Such mandatory statutory liability is neither excluded nor limited by these Terms, in particular not by the liability cap in Section 13.5.

13.2 Liability to Consumers

For consumers, we are liable in accordance with mandatory law. For simple negligence we are liable only for breach of essential contractual obligations and only for foreseeable, typical damage.

13.3 Liability to Business Customers

For business customers, we are liable for simple negligence only for breach of essential contractual obligations, and limited in amount to the foreseeable, contract-typical damage at the time the contract was concluded. For data loss, we are liable under the foregoing sentences only to the extent that recovery would have been necessary even if you had carried out proper and regular data backups. Section 13.1 remains unaffected.

13.4 No Liability for Reliance on Outputs

We are not liable for decisions, actions, or outcomes you base on Outputs. You remain responsible for verification and for the lawful, appropriate use of Outputs. Sections 13.1 to 13.3 remain unaffected.

13.5 Liability Cap for Business Customers

Otherwise, our liability to business customers for simple negligence is limited to the contract-typical, foreseeable damage; it amounts to at most the fees paid in the twelve months before the event giving rise to the claim, but in any event to no less than €1,000. This limitation does not apply to liability under Section 13.1, nor to the extent that the contract-typical, foreseeable damage from breach of an essential contractual obligation exceeds the above amount.

14. Indemnity (Business Customers)

If you are a business customer, you defend us against, and hold us harmless from, third-party claims (including reasonable legal fees) that arise from your Inputs, your use or publication of Outputs, alleged infringement, or your breach of these Terms, the Acceptable Use Policy, or applicable law. We may take control of the defence; you support us as reasonably required.

15. Feedback

If you send us ideas, suggestions, or feedback, you grant us the right to use them at no cost, without time limit, and without confidentiality, to operate and develop the Service.

16. Data Protection

We process personal data in accordance with our Privacy Policy and applicable law. Where we act as a processor on your behalf, we offer a GDPR-compliant Data Processing Agreement under Article 28 GDPR on request to business customers.

17. Force Majeure

We are not liable for failures or delays caused by events outside our reasonable control, such as natural disasters, war, terrorism, civil unrest, strikes, or failures of upstream networks or cloud providers.

18. Changes to These Terms

We may update these Terms for objectively justified reasons such as legal changes, security needs, or technical evolution.

We notify consumers in text form at least 30 days before any change that materially disadvantages you takes effect, and at the start of that period we expressly point out the change, your right to terminate, and the meaning of your silence. Changes to your main performance obligations (in particular the scope of services) or to the fees take effect only with your express consent. For other changes — in particular minor changes, changes that do not disadvantage you, or changes mandated by binding law — your consent is deemed given unless you object before the change takes effect. You may terminate the contract before the change takes effect.

For business customers, the change takes effect on the date stated in the notice; continued use after that date constitutes acceptance.

19. EU AI Act Notes (Regulation (EU) 2024/1689)

Our role. For the generative functions of the Service, we are both a provider and a deployer of AI systems within the meaning of Regulation (EU) 2024/1689. We do not develop the underlying AI models ourselves; we integrate third-party models (see Section 3.6) and make an AI system available from them under our own name.

Marking of generated content (Art. 50(2)). As far as technically feasible and in line with the generally recognised state of the art, we ensure that image and video outputs generated by the Service are machine-readably detectable as artificially generated or manipulated, for example through provenance metadata (e.g. C2PA) and/or invisible watermarks (e.g. SynthID), where the model used supports this. These techniques are examples and not exhaustive. We do not strip marks set by models; you must not strip them either.

Your disclosure duty for deep fakes (Art. 50(4)). If you publish to the public an output that depicts a real person, place, or event and that constitutes a deep fake within the meaning of Article 3(60) of the Regulation, you, as the deployer of the publication, have a duty to disclose that the content is artificially generated or manipulated (Article 50(4)). You are responsible for complying with that duty and with applicable national law.

Application. The transparency obligations under Article 50 apply from 2 August 2026.

20. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding the conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer-protection provisions of the state in which the consumer has their habitual residence remain unaffected.

For merchants (Kaufleute), legal entities under public law, and special funds under public law, the exclusive place of jurisdiction is Munich, Germany. Otherwise, the statutory places of jurisdiction apply.
For consumers, the statutory rules on jurisdiction apply.

The German version of these Terms is the binding version and is available in the application; this English text is a non-binding courtesy translation. Mandatory consumer-protection provisions remain unaffected.

21. Consumer Arbitration

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of § 36 (1) Nr. 1 VSBG.

22. Miscellaneous

You may not assign your rights or obligations under these Terms without our prior consent. We may assign in connection with a corporate transaction or succession.

If any provision of these Terms is invalid or unenforceable, the remaining provisions stay in force. Invalid or unenforceable provisions are replaced by the applicable statutory rules (§ 306(2) BGB).

These Terms, together with the Acceptable Use Policy, the Privacy Policy, the Imprint, and any plan-specific or order-form documents incorporated by reference — each in the version, identified by version number, in force when the contract is concluded — set out the full agreement between you and us about your use of the Service. Later changes become effective only in accordance with Section 18.

Contact

Interstitial AI GbR
Fraunhoferstrasse 39, 80469 Munich
Email: support@interstitial-ai.com

Terms of Service