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Terms & Conditions

General Terms and Conditions for B2B product visualisation, product image and product video services.

Last updated: 7 August 2026

Provider and Contractor

Unshootable
Owner: Arian Kasapolli
Welserstraße 3
87463 Dietmannsried
Germany

Phone: +49 171 9226536
Email: info@unshootable.com

Hereinafter referred to as the “Contractor.”

§ 1 Scope and business-customer status

  1. These Terms and Conditions apply to all contracts between the Contractor and its clients concerning the creation, editing and delivery of product visualisations, product images, product videos, animations, usage scenes and related creative, production, editing and export services.
  2. These Terms and Conditions apply exclusively to: (a) entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB); (b) legal entities under public law; and (c) special funds under public law.
  3. By entering into the contract, the Client confirms that it enters into the contract exclusively in the course of its commercial or independent professional activity.
  4. The Contractor does not conclude contracts with consumers on the basis of these Terms and Conditions. Accordingly, no statutory consumer right of withdrawal applies to contracts governed by these Terms and Conditions.
  5. 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 also applies if the Contractor begins performance while aware of such terms.
  6. Individual agreements between the parties, in particular the individual quotation, expressly confirmed changes to the scope of services and an approved project briefing, take precedence over these Terms and Conditions.

§ 2 Quotations, conclusion of contract and contractual documents

  1. Presentations on the website, in sales presentations, showreels, reference projects, personalised previews and other marketing materials do not constitute a binding contractual offer.
  2. The Contractor submits an individual quotation to the Client. Unless otherwise stated, the quotation may be accepted within 14 calendar days from the date of issue.
  3. As a rule, the contract is concluded by the Client digitally signing the individual quotation.
  4. Acceptance by email or another declaration in text form is effective only if expressly confirmed by the Contractor.
  5. The version of these Terms and Conditions applicable to the contract will be provided together with the quotation or within the same electronic-signature process.
  6. By digitally signing the quotation, the Client confirms that it has received and reviewed the complete quotation, received these Terms and Conditions, and agrees to their incorporation into the contract.
  7. Electronic signatures may be provided through an electronic-signature service. A contract shall not be invalid solely because it was concluded or signed electronically.
  8. An acceptance containing additions, restrictions or other changes to the quotation is deemed a new offer by the Client. A contract on the amended terms is concluded only when expressly confirmed by the Contractor.
  9. The following order of precedence applies to the content and scope of the contract: (a) individually negotiated agreements; (b) the individual quotation; (c) expressly confirmed scope changes; (d) the confirmed project briefing including model list, reference images and product specifications; and (e) these Terms and Conditions.
  10. Subsequent requests, comments or approvals by the Client alter the scope of services only if the Contractor expressly confirms the change.
  11. A later amendment of these Terms and Conditions does not alter contracts already concluded without the Client's consent.

§ 3 Subject matter and scope of services

  1. The Contractor may in particular create: (a) AI-assisted product visualisations; (b) product and lifestyle images; (c) seasonal and weather-related product variations; (d) short product and usage videos; (e) animations and moving-image sequences; (f) image and video edits; and (g) digital export versions for websites, online shops, marketplaces and other agreed purposes.
  2. The number, type, subject, format, resolution, aspect ratio, duration, product model, usage scenario, deliverables and other characteristics of the services owed are defined conclusively in the individual quotation.
  3. Unless otherwise agreed in the quotation, each product model is implemented from one defined primary sales-oriented perspective.
  4. Additional perspectives, alternative camera angles or additional views are not part of the standard scope and must be quoted and remunerated separately.
  5. Supporting product images from other perspectives may be used to analyse product shape, material, construction and details without any obligation to deliver additional results from those perspectives.
  6. Where a specific product image is agreed as the binding main reference or “Master,” the product-defining characteristics, proportions, perspective and visible construction details identifiable from that reference form part of the agreed specification.
  7. The Contractor owes the agreed result, but not a particular internal production method, software, platform or AI model unless expressly agreed otherwise.
  8. Unless expressly agreed, the services do not include: open or editable project files; prompts, system instructions, seeds, workflows or automations; intermediate versions, test generations, discarded variants or raw material; user accounts or software licences; legal reviews or intellectual-property searches; technical construction, structural or dimensional verification; print-ready production data; or permanent hosting or archiving.
  9. The visualisations created are intended for commercial product communication. They are not technical drawings, construction documents, assembly instructions, structural calculations or dimensionally accurate construction plans.
  10. The Contractor may refuse instructions that are unlawful, misleading, technically unreasonable or evidently intended to infringe third-party rights.

§ 4 Use of artificial intelligence and technical service providers

  1. 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.
  2. The Contractor may use suitable freelancers, subcontractors and technical service providers and remains responsible to the Client for contractual performance.
  3. The Contractor may change programs, models, platforms and production methods during a project provided the agreed quality and scope are not impaired.
  4. Generative methods are not fully deterministic. Identical repetition of a generation process, permanent technical reproducibility of a particular intermediate result or worldwide uniqueness of a result is owed only if expressly agreed.
  5. Minor technology-related deviations are contractually acceptable where they do not conflict with expressly agreed product characteristics, do not materially impair the identity and recognisability of the product, and do not materially restrict the intended contractual use.
  6. Product details whose exact reproduction is essential to the Client must be expressly identified or clearly highlighted in the quotation, project briefing or reference review.
  7. If the materials used contain trade secrets, unpublished products or information subject to particular security requirements, the Client must inform the Contractor before use. Special security or storage requirements must be separately agreed.

§ 5 Product images, shop materials and Client cooperation

  1. The Contractor may download product images and product information intended for the agreed project directly from the Client's publicly accessible online shop, product catalogue or other digital offering and use them for performance of the contract.
  2. By entering into the contract, the Client authorises the Contractor, for the duration and purpose of performing the contract, to download, store, reproduce, edit, input into technical and AI-assisted production systems, and transmit to necessary technical service providers the agreed product images and product information.
  3. Upon request, the Client shall provide additional information or materials where necessary for an accurate product representation and not clearly apparent from the online shop.
  4. This may include correct product names, dimensions and proportions, colours and materials, product variants, technical data, additional perspectives or detail photographs, and information about particularly critical product features.
  5. The Client is responsible for the factual accuracy and completeness of information provided or published in its shop.
  6. Product details that are not identifiable from the available materials and have not been described by the Client may be plausibly supplemented or simplified as part of the design, provided this does not create a material misrepresentation.
  7. Where possible, the Client shall designate an authorised decision-making contact person.
  8. Feedback from different employees or service providers of the Client must be consolidated into one clear, complete and non-contradictory response.
  9. If required cooperation is delayed, delivery dates are extended by the duration of the delay plus a reasonable restart period.

§ 6 Rights in source materials and indemnity

  1. The Client warrants that it holds all rights, consents and authorisations necessary for the agreed use and editing of the source materials.
  2. This also applies to materials that the Contractor retrieves directly from the Client's online shop or product catalogue on the Client's instruction or with its consent.
  3. The Client's responsibility for rights includes, in particular, copyright and related rights, trademarks and design rights, rights in product depictions and product designs, personality and image rights, data protection rights, and rights in logos, fonts, texts, music and other components.
  4. The Client shall ensure that its rights also cover the agreed AI-assisted editing, modification and further development of the materials.
  5. If a third party asserts claims against the Contractor because of material provided or approved by the Client, the Client shall indemnify the Contractor against justified claims and reasonable defence costs to the extent the infringement arises from the Client's sphere of responsibility.
  6. The indemnity requires the Contractor to inform the Client without undue delay, not make admissions or settlements without appropriate involvement of the Client, and provide information reasonably required for the defence.
  7. The indemnity does not apply to the extent the Contractor has culpably caused the infringement itself.

§ 7 Start of production, delivery times and delays

  1. Unless otherwise agreed in the individual quotation, production and delivery may take up to four weeks.
  2. The delivery period begins only once the contract has been validly concluded, full remuneration has been received, the product models to be implemented have been finally determined, and all information, materials and approvals required for production are available.
  3. The Contractor is not obliged to begin production or reserve a specific production period before full payment has been received.
  4. If a particularly large or complex project requires a longer production period or staged partial deliveries, the different delivery period will be specified in the individual quotation.
  5. Delays caused by late, incomplete, contradictory or subsequently changed information from the Client are not attributable to the Contractor.
  6. Delivery periods are extended in the event of circumstances outside the Contractor's reasonable control, including significant electricity, internet, cloud or platform outages; cyberattacks despite appropriate safeguards; official measures or legal prohibitions; natural events, war, civil unrest or industrial action; and unforeseeable failure of essential technical service providers.
  7. The Contractor will inform the Client of material delays and their anticipated effects.
  8. Delivery periods are extended by the duration of the impediment plus a reasonable restart period.
  9. Reasonable partial deliveries that can be used independently are permitted provided they do not cause a substantial disadvantage to the Client.

§ 8 Production errors, corrections and scope changes

  1. A general creative revision, change or taste-based revision round is not included in the price unless expressly agreed in the individual quotation.
  2. Objectively identifiable production errors or other defects that cause the result to deviate from the expressly agreed specification will be corrected without additional charge.
  3. Such deviations may include, in particular, depiction of the wrong product model; material alteration of product shape or proportions; materially incorrect colour or material representation; missing, additional or invented components; incorrect door, window, handle or component arrangement; material deviation from the agreed main perspective; clearly visible AI artefacts; morphing or product distortion in videos; an incorrect number of agreed files; or missing expressly agreed formats, resolutions or durations.
  4. A production error or free correction does not arise solely because the Client subjectively dislikes an otherwise contract-compliant creative design, later requests a different mood, environment or colour palette, requests another perspective or camera movement, wishes to add or replace people, vehicles or objects, requests a different season, weather or time of day, wishes to change the agreed action or usage scenario, replaces the product or reference image, or requests additional images, videos, formats or variants.
  5. Requests under paragraph 4 are additional scope changes and will be performed only after separate commissioning and remuneration.
  6. Before performing such additional work, the Contractor will inform the Client of the expected additional costs or issue a supplementary quotation.
  7. Complaints must be submitted collectively, specifically and in a comprehensible manner. For videos, the relevant time position should also be stated.
  8. Subject to statutory rules, the Contractor decides whether a justified defect is remedied by editing, replacement delivery or recreation.
  9. Changes requested after acceptance are generally treated as a new order.

§ 9 Delivery and acceptance

  1. Delivery is made digitally through a personally authorised Google Drive folder, a comparable cloud folder, a download link or another agreed digital delivery method.
  2. The Contractor identifies results intended for acceptance as final or ready for acceptance and requests the Client to review them.
  3. The Client shall review the results within ten working days after receipt of the request for acceptance unless a different period has been individually agreed.
  4. If the Client refuses acceptance, it must identify at least one specific defect within the review period.
  5. The complaint must identify the affected file, scene or video time position and the alleged deviation from the agreed specification in a comprehensible manner.
  6. Acceptance may not be refused because of immaterial defects.
  7. The work is deemed accepted in accordance with Section 640(2) BGB if, after 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.
  8. Unreserved publication or productive commercial use of a result marked as final constitutes acceptance of that result.
  9. This does not apply if, prior to use, the Client specifically complained of a material defect and expressly reserved its rights.
  10. Where individual images, videos or project sections can be used independently, partial acceptance may take place.
  11. Acceptance is not prevented by purely subjective change requests where the result complies with the agreed specification.

§ 10 Remuneration and payment terms

  1. Remuneration is set out in the individual quotation.
  2. All prices are net amounts. VAT will be added where legally due.
  3. Unless otherwise agreed in the individual quotation, 100% of the agreed remuneration is payable in advance.
  4. The invoice is due immediately upon receipt without deduction.
  5. Production begins only after full payment has been received.
  6. Before full payment, the Client has no claim to commencement of production, reservation of a specific production period or commencement of the delivery period.
  7. Different advance, instalment or partial-payment arrangements apply only if expressly stated in the individual quotation.
  8. If payment is not made, the Contractor may, after reminder and expiry of a reasonable grace period, withdraw from or terminate the contract in accordance with statutory rules.
  9. In the event of payment default, statutory rules apply, including statutory default interest and, where applicable, the statutory lump-sum compensation for transactions between businesses.
  10. The Contractor may withhold all services until full payment unless mandatory law provides otherwise.
  11. The Client may set off claims only where such counterclaims have been finally adjudicated, are undisputed or are ready for decision. This restriction does not apply to counterclaims arising from the same contractual relationship.
  12. A right of retention may be exercised only in respect of claims arising from the same contractual relationship.

§ 11 Rights of use in final work results

  1. Final rights of use are granted only after full payment and final delivery of the relevant work results.
  2. Before full payment, the Client receives only a revocable right to review transmitted drafts or preview files internally.
  3. Publication or commercial use of drafts, preview files or results not finally approved is permitted only with the Contractor's express consent.
  4. After full payment, the Contractor grants the Client, in relation to the customer-specific work results expressly delivered as final, all rights of use that the Contractor holds and can validly grant within the following scope.
  5. Unless otherwise stated in the quotation, the grant is exclusive only to the extent that an exclusive right can legally exist and be granted, unlimited in time and territory, for analogue and digital forms of use known at the time of contract conclusion, and for the Client's lawful commercial communication, advertising and marketing and that of its products.
  6. Rights of use include, in particular, use on websites and online shops; sales platforms and marketplaces; social networks; digital and print advertising; presentations, catalogues and sales materials; trade fairs and points of sale; and press and public-relations activities.
  7. The Client may reproduce, distribute, make publicly accessible, broadcast, shorten, reformat, combine with other content and convert final results into other file formats.
  8. The Client may pass necessary rights of use to affiliated companies, dealers, distribution partners, platform operators, agencies and service providers insofar as this serves the marketing of its products.
  9. Isolated resale or licensing as standalone stock material, a template, dataset or digital product requires the Contractor's prior consent.
  10. The Contractor will not sell or license final customer-specific results as identical final outputs to other clients. Expressly approved reference or portfolio use remains unaffected.
  11. No rights are transferred in internal methods and production processes, prompts and system instructions, workflows and automations, templates and technical components, software or models used, general know-how, or intermediate and discarded versions.
  12. Components based on third-party licences remain subject to the relevant licence terms.
  13. The Contractor does not guarantee that wholly or partly AI-assisted results are protected by copyright or other intellectual-property rights, can be registered as trademarks or designs, or can be monopolised against independently generated similar results.
  14. The Contractor is not liable for errors or infringements arising only from subsequent changes made by the Client or third parties.

§ 12 Product review, legal responsibility and commercial success

  1. Unless expressly commissioned, the Contractor does not owe a legal review of the work results.
  2. This applies in particular to copyright, trademark, design and personality rights; competition and advertising law; price indication and consumer law; product safety and labelling law; regulatory requirements of the intended sales market; and rules of sales, shop or advertising platforms.
  3. The Client is responsible for the lawfulness of the specific publication, advertising claim and product representation within its sphere of responsibility.
  4. The Client must not use the results in a manner that creates a misleading impression regarding product properties, equipment, dimensions, functions, scope of delivery or possible uses that do not in fact exist.
  5. Technical or advertising claims are considered reviewed or confirmed by the Contractor only where such review was expressly part of the order.
  6. The Client is responsible for determining whether the intended publication requires any legally mandated disclosure or labelling of artificially generated or edited content.
  7. The Contractor does not owe any particular commercial result.
  8. In particular, no specific sales figures, conversion rates, reach, revenue, rankings or approvals by platform operators are guaranteed.

§ 13 Defect rights

  1. A defect exists if, at acceptance, the work result does not possess the expressly agreed specification or is unsuitable for the contractually intended use.
  2. A defect does not exist solely because the Client subjectively dislikes an otherwise contract-compliant creative design.
  3. Minor deviations that do not impair contractual use, including differences caused by screen display, compression or platform conversion, colour-space or format differences, or minor generative variations, do not constitute defects by themselves.
  4. The Client must describe an alleged defect with sufficient specificity to allow the Contractor to understand and examine it.
  5. In the case of justified defects, the Contractor initially has the right to supplementary performance.
  6. Subject to statutory rules, the Contractor decides whether supplementary performance takes the form of editing, replacement delivery or recreation.
  7. The Client shall provide a reasonable period and opportunity for supplementary performance.
  8. If supplementary performance fails or is unreasonable, the Client retains the further statutory defect rights.
  9. Defect rights do not apply to errors that arise after acceptance through modifications by the Client or third parties, use outside the agreed purpose, unsuitable conversion or compression, or combination with unsuitable third-party content, unless the Client proves that the modification was not causative of the defect.
  10. Statutory limitation periods apply to defect claims.

§ 14 Liability

  1. The Contractor is liable without limitation in cases of intent and gross negligence; culpable injury to life, body or health; fraudulent concealment of a defect; to the extent of an expressly assumed guarantee; and under the German Product Liability Act and other mandatory statutory provisions.
  2. In the event of a slightly negligent breach of a material contractual obligation, liability is limited to the damage foreseeable and typical for the contract at the time the contract was concluded.
  3. Material contractual obligations are obligations whose fulfilment is essential for proper performance of the contract and on whose compliance the Client may regularly rely.
  4. Liability for slightly negligent breach of non-material contractual obligations is excluded.
  5. In the event of data loss caused by slight negligence, liability is limited to the typical restoration expense that would have been incurred if proper and regular data backups had been made.
  6. The Contractor is in particular not liable for damage resulting from incorrect or incomplete information supplied by the Client, unlawful instructions from the Client, undisclosed product features, subsequent changes by the Client or third parties, or use outside the agreed purpose, insofar as the Contractor is not itself culpably responsible.
  7. The limitations of liability apply accordingly for the benefit of the Contractor's legal representatives, employees, freelancers, subcontractors and vicarious agents.

§ 15 Termination, non-payment and project interruption

  1. Statutory termination rights remain unaffected.
  2. Where the contract qualifies as a contract for work, the Client may terminate it in accordance with Section 648 BGB until completion of the work. The statutory remuneration consequences remain applicable.
  3. Either party may terminate the contract for good cause in accordance with Section 648a BGB.
  4. Good cause for the Contractor may in particular exist where the Client, despite reminder and a reasonable deadline, fails to make a due payment; fails to provide required cooperation despite a deadline; repeatedly requests unlawful services or services infringing third-party rights; or seriously breaches the contract in a manner that permanently destroys the necessary relationship of trust.
  5. If the agreed advance payment is not received, production will not start and any intended production slot is not bindingly reserved.
  6. If a project interruption caused by the Client lasts more than 30 calendar days, the Contractor may reschedule the project according to its then-current production capacity.
  7. In the event of termination, invoicing is based on services already performed, incurred and non-cancellable third-party costs, and any statutory termination remuneration or compensation.
  8. Advance payments already made will be credited against the remuneration owed. Any resulting surplus will be refunded to the Client.
  9. There is no entitlement to delivery of unfinished intermediate versions, prompts, raw files or project files unless expressly agreed.

§ 16 Confidentiality and reference use

  1. Both parties shall keep the other party's confidential information confidential.
  2. Information is confidential if expressly marked as such or if its confidential nature is apparent from its nature and the circumstances of disclosure.
  3. Confidential information may be used only for performance of the contract and may be disclosed only to employees, subcontractors or technical service providers who need it for that purpose.
  4. The confidentiality obligation does not apply to information that is already publicly known; was demonstrably and lawfully known to the receiving party; becomes public without breach of contract; is lawfully obtained from third parties; was independently developed; or must be disclosed by law or official order.
  5. The general confidentiality obligation applies for five years after termination of the contract. Trade secrets remain confidential for as long as the statutory requirements of a trade secret continue to be met.
  6. The Contractor may use general knowledge, experience, methods and non-customer-specific know-how for other projects.
  7. The Client's name, logo or final work results may be used as a reference, in a portfolio, on the website, on social networks or in sales materials only with the Client's prior consent in text form.

§ 17 Data protection and personal data

  1. Each party complies with the data protection obligations applicable to it under its own responsibility.
  2. 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 agreement pursuant to Article 28 GDPR before the relevant processing begins.
  3. These Terms and Conditions do not replace any required data-processing agreement.
  4. The Client shall transmit only personal data whose processing is necessary and lawful for the project.
  5. Special categories of personal data may be transmitted only after prior express agreement and where an appropriate legal basis exists.
  6. Where images or videos of real persons are used, the Client is responsible for ensuring that any necessary consents and rights of use cover the agreed editing and publication.

§ 18 Data backup, Google Drive, retention and deletion

  1. Final results may be provided through Google Drive or a comparable cloud service.
  2. The Client is responsible for downloading delivered files promptly and maintaining its own permanent backup.
  3. Access to cloud folders or download links may be disabled 30 calendar days after provision unless otherwise agreed.
  4. The Contractor is not obliged to retain project files, intermediate versions or final files permanently.
  5. Unless otherwise agreed, the Contractor may delete project-related production data 90 calendar days after acceptance or final project termination.
  6. Statutory retention obligations remain unaffected.
  7. Prompts, technical intermediate steps, test generations and discarded variants may be deleted during production or immediately after completion.

§ 19 Governing law, jurisdiction and final provisions

  1. All contractual relationships are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
  2. To the extent a jurisdiction agreement is legally permissible, the place of jurisdiction is the Contractor's registered place of business.
  3. The Contractor remains entitled to sue the Client at the Client's general place of jurisdiction.
  4. If individual provisions of these Terms and Conditions are or become wholly or partly invalid, the validity of the remaining provisions remains unaffected.
  5. The statutory provisions apply in place of an invalid provision.
  6. An invalid clause is not automatically replaced by a provision that comes as close as possible to its economic purpose. Such a replacement requires a valid agreement between the parties.
  7. The German-language version of these Terms and Conditions is authoritative. In the event of discrepancies between this English translation and the German version, the German version prevails.
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