Adam Commerce – Inhaber (Owner) Timo Adam
Bogenstraße 15, 40724 Hilden, Germany
Email: legal@gainpilot.net
Owner/Managing Director: Timo Adam
VAT ID: DE359530079
These Terms govern the use of GainPilot.net and related services ("Service") operated by Adam Commerce – Inhaber Timo Adam ("we", "us").
Last updated: 13 August 2025
These Terms apply to all contracts concerning the use of the Service. Conflicting terms of the customer ("Customer" or "you") do not apply unless expressly agreed in writing.
A binding contract for a paid plan is concluded when you complete checkout and click a clearly labeled button indicating a payment obligation (e.g., "order with obligation to pay"). For consumer subscriptions, we provide a legally compliant online cancellation button.
After ordering, we send an email confirmation including essential contract information (plan, term, price, withdrawal information for consumers).
Account: your user account for the Service.
Content: (i) data you provide (e.g., text, images, logos, prompts) and (ii) Outputs the Service generates (e.g., AI images, short videos, texts), and (iii) related metadata.
Plan/Tier: free use, paid subscription, add-ons, usage-based credits.
DPA: the Data Processing Agreement under Art. 28 GDPR (Annex A).
The Service is a cloud platform for AI-assisted content creation and planning (e.g., image/short-video generation, templates/personas, media library, scheduling/export, AI chat assistant with memory/RAG features).
The current feature scope, limits (credits, rate limits, storage), integrations and supported formats are shown in the order flow / dashboard.
Beta/Labs features may be experimental, unstable, or changed/removed at any time.
No professional advice: Outputs are machine-generated and may be inaccurate or infringing. You must review and validate suitability, accuracy, and legality before any use or publication.
Registration requires accurate, complete information. Team use is permitted only if your plan explicitly allows it.
Keep credentials confidential; you are responsible for all activities under your Account. Notify us immediately if you suspect misuse.
We may suspend Accounts for misuse, legal violations, repeated payment failures, or security risks.
Prices are shown in the order flow; consumer prices include VAT (business prices may be shown net).
Payment methods (e.g., cards, SEPA, wallets) are offered via our payment providers; their terms may apply.
Subscriptions are billed in advance for each term. Usage-based fees (e.g., extra credits) are billed immediately or retrospectively.
Late payment may lead to suspension and statutory default interest.
Price changes take effect for existing subscriptions only at the next renewal; we notify you with reasonable notice.
Unless stated otherwise, plans run monthly and renew automatically for the same term unless cancelled in time.
Cancellation: You may cancel at any time to the end of the current term, using the online cancellation button (for consumers) or by text form (email is sufficient).
Extraordinary termination for cause remains unaffected (e.g., material breach).
Consumers have a 14-day statutory withdrawal right.
For digital services provided immediately, the right can expire early if you (i) expressly agree we start performing before the end of the withdrawal period and (ii) acknowledge losing the withdrawal right. Details and a model form are in Annex B.
If withdrawal applies when performance has started, a value compensation may be due.
Outputs generated by the Service: to the extent legally possible, we grant you a non-exclusive, transferable, worldwide, perpetual right to use, edit, and exploit Outputs for any purpose.
No exclusivity or uniqueness is promised; similar Outputs may be produced for others. We do not guarantee Outputs are free of third-party rights.
Your Inputs/Content: you must ensure your uploads/prompts/references do not infringe copyrights, trademarks, personality rights, design rights, or data protection rights, and do not contain unlawful content.
Deepfakes / depictions of persons: only with proper consent and in compliance with applicable law; absolutely prohibited for minors, non-consensual content, or illegal pornographic deepfakes.
You grant us a non-exclusive license to process your Content solely for providing, maintaining, securing, and improving the Service (e.g., storage, transcoding, backup, moderation). We will not use your Content for advertising without your separate consent.
Prohibited, in particular:
We may remove content, restrict features, or suspend Accounts upon credible reports or violations.
References: Technology Quotient • datenkompetenz.cloud • Securiti • Gesetze im Internet • Technology's Legal Edge • cec-zev.eu • European Commission • Taylor Wessing
We aim for industry-standard availability of core functionality; uninterrupted availability is not guaranteed. Maintenance windows and outages may occur.
Third-party dependencies (AI models, cloud/CDN, payments, transcoding) can affect performance and availability.
Support channels and response targets are defined per plan.
We may evolve the Service and adjust features/plans provided this does not materially reduce the contractually agreed core functionality. Material adverse changes are announced at least 6 weeks in advance; you may terminate at the change date.
The Service is provided as a service (SaaS). For free use, we are liable only for intent and gross negligence.
For paid use, we are liable for intent and gross negligence; for simple negligence only for breach of material contractual duties (cardinal duties), limited to foreseeable, typical damages.
Unaffected: liability under the Product Liability Act, for injury to life, body, health, or where we have given a guarantee.
You are responsible for the lawful use of Outputs and the legality of your Inputs/publications.
You shall indemnify us from third-party claims arising from your unlawful Inputs/uses or breaches of these Terms, including reasonable legal defense costs.
We process personal data in accordance with our Privacy Policy.
Where we process personal data on behalf of business customers, the DPA (Annex A) applies and becomes part of the contract.
We will not use your Content to train models unless you explicitly opt-in or a clear legal basis exists.
We implement appropriate technical and organizational measures (TOMs); see Annex A (Sec. 6).
To report illegal content or rights infringements, please contact legal@gainpilot.net with sufficient details (URL/path, description, rights basis, your contact).
We review notices in line with applicable law and remove or disable access where required. We may inform affected users and authorities where appropriate.
Use of the Service is prohibited if it violates applicable sanctions, export or re-export rules. You warrant compliance with relevant laws.
You may not assign contract rights/obligations without our consent (monetary claims excluded).
Set-off/retention is permitted only with undisputed or finally adjudicated claims.
We may modify these Terms for valid reasons (law/jurisprudence changes, security, functionality) without unreasonable detriment to you.
We notify you at least 6 weeks before effectiveness via email/dashboard. If you object, consumers may terminate free of charge; otherwise the changes take effect on the stated date.
We are not obliged and not willing to participate in consumer dispute resolution before a consumer arbitration board. Note: the EU Online Dispute Resolution (ODR) platform was discontinued on 20 July 2025.
German law applies, excluding the UN CISG. Mandatory consumer protection law of the consumer's EU residence remains unaffected.
If you are a merchant (Kaufmann), the exclusive venue is the competent court at our business seat (Hilden, Germany).
We may provide translations. In case of discrepancies, the English version of these Terms controls (unless we expressly designate another language as controlling).
Parties: Controller (Customer) ↔ Processor (Adam Commerce – Inhaber Timo Adam)
Subject & Duration: processing personal data to provide the Service; duration = contract term + statutory retention.
Nature & Purpose: hosting, storage, display, processing, transfer, logging, support/diagnostics.
Data Types/Categories: user/admin data, contact/billing data, usage logs, uploaded assets, end-customer data (if you choose to process such data).
Data Subjects: your users/employees; your end-customers/leads (if applicable).
Processor Obligations: process only on documented instructions; confidentiality; TOMs; assistance with data subject rights; breach notifications; DPIA support; deletion/return at end of term.
TOMs (examples): access control (MFA/RBAC), encryption in transit/at rest, hardening/logging/monitoring, backup & recovery, environment separation, least privilege, subprocessors vetting, incident handling (72-hour window to notify Controller upon awareness of a personal data breach affecting the Controller's data).
Sub-processors: per current list in the dashboard/website; updates with advance notice and a right to object for important reasons.
Third-country transfers: only with a valid legal basis (e.g., EU SCCs) and supplementary measures as needed.
Audits: reasonable audits of documentation and certifications (e.g., ISO/SOC reports, pen-test summaries); on-site audits with notice and confidentiality.
Liability: per GDPR and the main contract.
Deletion/Return: upon termination, return or delete personal data within 30/60/90 days unless statutory retention applies (choose your period in production).
Right of Withdrawal: You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period begins on the day the contract is concluded.
Special note for digital services: The right of withdrawal expires early once we have started performing the contract after you (i) expressly agreed we begin before the withdrawal period ends and (ii) confirmed your knowledge that you thereby lose your right of withdrawal.
How to exercise your right: Use the online cancellation/withdrawal button in your Account or send an email to legal@gainpilot.net with your declaration of withdrawal. Sending the notice before the deadline is sufficient to meet the deadline.
Effects of withdrawal: We will refund all payments within 14 days from receipt of your withdrawal notice, potentially minus value compensation if the service has already been partly performed.
Model withdrawal form (complete and return only if you wish to withdraw):
— To Adam Commerce – Inhaber Timo Adam, Bogenstraße 15, 40724 Hilden, Germany, legal@gainpilot.net
— I/We hereby withdraw from my/our contract for the following service: ⟨…⟩
— Ordered on/received on: ⟨…⟩
— Name of consumer(s): ⟨…⟩
— Address of consumer(s): ⟨…⟩
— Signature (only if on paper) • Date
No unlawful, hateful, violent, pornographic, or fraudulent content.
No use of third-party IP (logos, brands, designs, artworks, architecture, celebrity likenesses) without permission; be careful with trade dress and personality rights.
Youth protection applies; absolutely no material involving minors.
We may remove content, restrict features, or suspend Accounts upon credible reports or violations.