Terms of Use for Groupsheets and COLL-E

Last Updated: 28 June 2023

1. General Points

We are Contaction AG. We operate the platform groupsheets, on which a variety of related web applications can be offered.

These terms of use apply to groupsheets in general. Some provisions are relevant specifically to the application COLL-E. With this application, you can create and edit images using the DALL-E2 service, either as an individual or within an authorized group.

To use our service beyond an initial free trial phase, you must register and create a user account. Wregistering, you accept our by clicking on "I accept". Registration without this acceptance is not possible.

Our website and its associated services are intended solely for adults who are over 18 years old. If the age of majority in your country is over 18, then the actual age of majority in your country applies. In cases where the age of majority is below 18, the minimum age remains 18.

Subject to your compliance with these terms, we grant you a personal, nonexclusive, revocable, worldwide right to use our application in accordance with these terms. All other uses are prohibited without our prior written consent.

Contaction AG reserves the right to further develop, modify, or discontinue COLL-E at any time without giving reasons. Information on refunds and saving your own work results can be found further down in the terms of use. The use of COLL-E is only possible in the current version of the terms of use, which completely replaces all older versions.

To register and create a user account, only your email address and your first and last name are required. Contaction AG uses this information in accordance with the applicable privacy policy and in compliance with current laws. Our privacy policy is also part of these terms o refer to the terms  of DALL-E2 (https://openai.com/terms/). In particular, you are not allowed to create images that violate the conditions of the DALL-E2 program.

2. User Account

The creation of a user account is possible only for natural persons; in the case of legal entities, an account may be created by a legally authorized natural person. An account is intended to be used for an extended period of time, but it can be revoked or terminated.

The account is not automatically inheritable. If you wish to give another person access to your account in the event of your death, please ensure that this person receives all of the necessary information for signing in. This person is then also obliged to inform us that they have inherited the account.

Account creation (registration) and signing in are managed with the "Keycloak" identity and access management solution (https://www.keycloak.org). This solution offers users the option of linking their Contaction account to their Google or Microsoft accounts, so as not to have to create and remember a separate Contaction password. If a user takes advantage of this option, they will be asked to grant to COLL-E access to just a few explicitly listed pieces of information associated with the third-party account, such as first and last name and email address, which will be used only to manage the user's access to COLL-E.

Use of COLL-E involves accessing one or more projects within the more general web-based platform groupsheets, which is maintained by Contaction. A user who creates a specific groupsheets project can allow other registered users to access this project. To do this, the first user specifies the email addresses associated with the other users' accounts. The first user is responsible for ensuring that the email addresses specified actually belong to the desired participants.

If a user who has been granted access in his way generates images with COLL-E, these images are paid for with the credit points (see below) of the user who granted them access.

The responsibility for any unauthorized action with COLL-E lies with the user who performed the action, insofar as their identity can be determined. Otherwise, the responsibility lies with the user who created the groupsheets project.

The created groupsheets and the images created within them are available on Contaction AG's server until the account under which they were created has been deleted. Any user who has access to a groupsheets project can view its groupsheets at any time and download the images stored in them regardless of who created the images. If a person who is not authorized to access a groupsheet project learns the unique, unguessable web address of an image stored within that project's groupsheeets, this person will also be able access that image (though not the groupsheeets themselves).

You can delete your user account at any time and re-register. If but if you have been barred by Contaction from using groupsheets, you will not be allowed to create a new account.

Contaction AG reserves the right to delete, block and exclude user accounts on a case-by-case basis. To pursue criminal offenses, we will pass on data – within the scope of our legal obligations – at the request of the responsible authority.

3. COLL-E and Credit Points

3.1 Provision of COLL-E

Contaction AG provides the groupsheets platform program within the scope of its technical capabilities and continuously develops its technical capabilities to stay up to date with technology. In the case of compelling technical reasons or necessary maintenance work, the service may be interrupted or impaired. Also, in the case of technical or other problems that are not within Contaction's sphere of influence (force majeure, third party negligence, etc.), access to the service may be temporarily unavailable. If the DALL-E2 program is altered or suspended, this also constitutes a situation not under the control of Contaction AG. The user is responsible for the currency and suitability of the software and hardware that they use when accessing COLL-E.

3.2. Credit Points

You can use the image-generation features of COLL-E by consuming credit points. You can obtain credit points directly via your account. 100 credit points cost 1 US dollar. For each image that a user requests DALL-E2 to create, credit points are deducted from the responsible account according to a price table that the customer agrees to during the purchase process. This table takes into account, among other things, the size of the image created.

The prices cover (a) the costs that Contaction AG pays to OpenAI for the generation of the images and (b) the effort and expense that Contaction AG has to invest to be able to offer the COLL-E application.

By clicking on "Buy Credit Points", the user makes a binding purchase request, which is accepted when Contaction AG confirms receipt of the request. You will receive an email to this effect. Before this confirmation, the order can be withdrawn; and if within 14 days the credit points have not been used, the purchase can be revoked. Please refer to Section 5 of these Terms of Use for more information about revocation.

We, Contaction AG, reserve the right to decline purchase requests. Upon request, a reason will be provided.

All prices are in U.S. dollars; they include the usual value-added tax in the consumer's country.

Credit Points can be paid for via the PayPal service. In this context, we refer to the terms and conditions and privacy policy of PayPal, as this provider enters into a separate contract with you during the payment process.

PayPal collects claims on its own account and not as our representative. In any case, personal data that the user enters during the payment process are neither collected, forwarded, nor stored by Contaction. With regard to these transactions, Contaction stores only the number of credits purchased for a given account and related information such as the time of purchase.

Feigning a payment or submitting false or fraudulently obtained data leads to immediate exclusion from the use of Contaction's services. We reserve the right to initiate appropriate legal proceedings.

In case of exclusion or termination by us, there will be a pro-rata calculation and refund of the unused credit points via the selected payment method.

3.3 Refunding of Credit Points

Should it for some reason become impossible for us to maintain our service, upon request a refund of the unused credit points will be made via the payment method requested at that point in time by the customer. Moreover, in this case it will be possible within a reasonable period of time, which will be communicated via the email address associated with the cusomter's account, to download the generated works and to export other data.

4. Copyright, Personal and Other Third Party Rights, Downloading Content, and Third-Party Claims

4.1. General Points

For any images that you upload for processing by DALL-E2 via your user account, you as the user are responsible for ensuring that the image may be uploaded. In particular, you agree that you are the sole owner of the rights. The DALL-E2 Terms of Use contain additional restrictions regarding the images that may be uploaded.

Contaction AG transfers the intellectual property rights of the input and the resulting image to the user. The usage rights are also transferred. In this context, we expressly refer again to the DALL-E2 Terms of Use.

We point out that no guarantee is given that the images generated by DALL-E2 via COLL-E can actually be protected as trademarks or that they do not violate the (stronger) rights of third parties in any way. A transfer of copyright cannot be guaranteed. Damages claims arising from the commercial use of images created by us are completely the liability of the user. You would have to initiate an appropriate procedure for trademark protection yourself.

4.2 Prohibited Use of the Groupsheets Platform and Its Applications

You may not use the Groupsheets platform or COLL-E  to plan or prepare criminal offences or to create risks to life, body, health, or others' property . You may not do anything that is unlawful or inappropriate, including: anything that would violate a person's privacy (including uploading private or personal information without a person's consent) or other legal rights; Furthermore, you may not use this website and its applications to:

4.3. Liability on Our Part

As the operator of the groupsheets platform and the COLL-E application, Contaction is liable for damages in connection with their use only in the cases of intent and gross negligence — including intent or gross negligence of any representatives or vicarious agents of the operator — and in the case of culpable injury to life, body, or health.

Otherwise, Contaction is liable only under the Product Liability Act, in the case of culpable violation of essential contractual obligations whose fulfillment is essential for the proper execution of the contract in the first place and on whose compliance the user may regularly rely — or insofar as the operator maliciously concealed the defect or assumed a guarantee for the quality of the goods.

In the case of culpable violation of essential contractual obligations, the liability is limited to the damages foreseeable at the time of the making of the contractual agreement which would typically be expected to occur. Liability for consequential damages is excluded to the extent possible. To the extent permitted by law, we assume no liability for third-party providers; but we do commit to selecting these carefully. To the extent permitted by law, we assume no liability for data loss but commit to making backup copies at regular intervals.

4.4 Alternative Dispute Resolution

The European Commission provides an online platform for out-of-court dispute resolution. You can reach the dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr .

In case of a disagreement regarding our contract, we will try to settle it amicably with you. Beyond that, we are not obliged to participate in a dispute resolution procedure and will not participate in a dispute resolution procedure before a consumer arbitration board.

5. Revocation

If you have credit points credited to your account for a fee, you have a statutory right of revocation as follows:

5.1 Instruction on the Right of Revocation
5.1.1 Right of Revocation

You have the right to revoke this contract within fourteen days without giving reasons if no use of the purchased credit points (see Section 3 above) has been made . The revocation period is fourteen days from the date of conclusion of the contract. To exercise your right of revocation, you must inform us (in accordance with the Contact Information) by means of a clear statement (e.g., email or a letter sent by postal mail) of your decision to revoke this contract. You can use the sample revocation form below, but this is not required. To meet the revocation deadline, it is sufficient for you to send the notice of the exercise of the right of revocation before the expiry of the revocation period.

5.1.2 Consequences of Revocation

If you revoke this contract, we must repay any payments that we have received from you, including any delivery costs, immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

5.2 Sample Revocation Form

If you would like to revoke the contract, you can fill out this form and send it by email to info@contaction.li or by postal mail to the following address:

Contaction AG
Oberbühl 45
9487 Gamprin

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the credit points to provide the service of Contaction AG in connection with the use of COLL-E(*).

Ordered on (*) / received on (*): __

Name of the customer(s): __

Address of the customer(s): __

Signature of the customer(s) (only in the case of communication on paper)

Date: __

(*) Delete the inapplicable words.

6. Concluding Provisions

The laws of the Principality of Liechtenstein apply exclusively, excluding UN Sales Law and international private law.

Compulsory consumer protection provisions of the country in which the customer has their habitual residence remain unaffected by this choice of law.

The agreed-upon and exclusive place of jurisdiction is Vaduz, Liechtenstein.

If parts of these terms of use should not, no longer, or not fully comply with the applicable legal situation, the other parts remain unaffected in their content and validity.