Terms of Service

These Terms govern your use of Thumbnailed, a service provided by Findoria UG (haftungsbeschränkt), Kolonnenstraße 8, 10827 Berlin, Germany. By creating an account or using the service, you agree to be bound by them.

1. Service Description

Thumbnailed is an online tool that generates thumbnail images from videos you upload, using third-party AI providers. Our service includes:

• Audio transcription and visual analysis of your video.
• Generation of three thumbnail candidates per run.
• Web access to download the generated thumbnails.

2. Account & Eligibility

• You must verify your email to activate your account.
• You must be at least 16 years old, or have the consent of a legal guardian.
• You are responsible for keeping your credentials secure and for all activity under your account.

3. Pricing & Payment

One credit equals one run. Prepaid credit packs:

• Starter (1 run) — €5
• 5-pack — €20 (€4 / run)
• 10-pack — €40 (€4 / run)
• 25-pack — €80 (€3.20 / run)

New accounts receive one free credit upon email verification, limited to one per person. Credits never expire. All prices include VAT where applicable. Payment is processed securely via Stripe.

4. AI Usage and Limitations

• Generated thumbnails are an artistic interpretation of your video, not an exact reproduction.
• Output quality depends on input quality (resolution, lighting, audio clarity, length).
• Generation is non-deterministic — repeating a run on the same input may produce different results.

5. Your Content

Your video. You keep all rights to the videos you upload. You grant us a limited, worldwide, royalty-free licence to store, process, and transmit them solely to generate thumbnails for you. We do not use your videos to train AI models.

Rights you confirm on upload. By uploading a video you confirm that you own or have all necessary rights, licences, releases, and consents to: (a) the video itself, (b) every person identifiable in it (or are that person), and (c) any music, brand, character, or footage embedded in it. You are solely responsible for any third-party claim arising from your uploads.

Thumbnails we generate for you. We grant you a worldwide, perpetual, royalty-free right to use the thumbnails we generate for any lawful purpose, including commercial use on platforms like YouTube. Note that purely AI-generated images may not qualify for copyright protection in every jurisdiction; you accept that risk by using the service. You are responsible for ensuring the thumbnails do not infringe any third-party rights (e.g. celebrity likenesses, trademarks, or copyrighted characters) when you publish them.

Our use. We may display anonymised, aggregated examples of generated thumbnails as marketing material. We will not tie a thumbnail to your account or video title publicly without your written consent.

6. Prohibited Use

The following are strictly prohibited:

• Child sexual abuse material (CSAM) or any content sexualising minors. This is reported to the relevant authorities (NCMEC and German law enforcement) and the user is permanently banned without refund.
• Content depicting real, identifiable minors in any context — even non-sexual — without verifiable parental consent.
• Non-consensual intimate imagery (NCII) of any person.
• Likeness of any living public figure (politician, actor, athlete, influencer, etc.) without that person's written consent.
• Fabricated content depicting real political figures, election processes, or government communications in misleading contexts.
• Content infringing another party's intellectual property, privacy, or publicity rights — including copyrighted characters, trademarked logos, and broadcast footage you do not own.
• Content that is otherwise illegal, defamatory, hateful, or incites violence.
• Automated mass use, scraping, deliberate prompt-injection, or any attempt to circumvent rate limits, pricing, or upstream content-moderation classifiers.
• Sharing or reselling account credentials, or operating Thumbnailed as part of a competing or downstream service.
• Using the service for any other unlawful purpose.

We rely on the content-moderation systems of our AI providers (Anthropic, OpenAI, Google, Groq) to block prohibited material at the generation step. Violations may also be detected through user reports (see Section 14). We may suspend or terminate accounts that breach these rules; credits forfeited due to breach are non-refundable.

6a. Third-Party AI Providers

Generation runs are processed by third-party AI providers, each governed by its own usage policy:

• Anthropic Acceptable Use Policy (Claude)
• OpenAI Usage Policies (gpt-image-2)
• Google Generative AI Prohibited Use Policy (Gemini)
• Groq Terms of Use (Whisper)

By using Thumbnailed you agree these policies apply to your content. If a provider blocks your run for policy reasons, the credit is treated as having attempted service — see Section 7.

6b. Indemnification

You agree to indemnify, defend, and hold harmless Findoria UG, its officers, employees, and contractors against any claim, demand, loss, or damage (including reasonable legal fees) arising from: (a) content you upload, (b) your use of the service in breach of these Terms, or (c) your infringement of any third-party right. This survives termination of your account.

7. Refunds

Credits are reserved when a generation run starts. If a run fails for reasons attributable to us (infrastructure errors, AI-provider outages), the credit is refunded automatically. Failures attributable to your input — corrupt file, unsupported format, or content blocked by an AI provider's safety classifier — do not qualify for refund.

8. Right of Withdrawal

You have a 14-day right of withdrawal under § 355 BGB on any credit package you purchase.

Used credits.A credit is "used" the moment a generation run begins (when you click Generate). Once a run has started, the underlying service has been performed and that credit is no longer refundable, following § 356 (4) BGB.

Unused credits. If you withdraw within 14 days of purchase and have unused credits remaining, we will refund the pro-rata value of those credits to your original payment method. Email [email protected] from the address associated with your account to start a refund.

The withdrawal right does not apply once all credits in a purchase have been used.

9. Intellectual Property

The Thumbnailed platform — including its design, code, and brand — is the intellectual property of Findoria UG. You may not copy, reverse-engineer, or build a competing service from it.

10. Limitation of Liability

We are not liable for:

• The artistic suitability of generated thumbnails for your specific purpose.
• Click-through rates or any business outcome from using the thumbnails.
• Temporary service unavailability, especially when caused by third-party AI providers or infrastructure outages.
• Loss of data due to force majeure.

To the maximum extent permitted by law, our aggregate liability for any claim is limited to the amount you paid us in the twelve months preceding the claim.

11. Termination

You may delete your account at any time by contacting us at [email protected].

We reserve the right to suspend or terminate accounts that violate these Terms. We operate a repeat-infringer policy: accounts that receive multiple substantiated infringement notices, or that the providers' safety classifiers repeatedly block, will be permanently terminated and any remaining credits forfeited.

12. Changes

We may update these Terms. Material changes will be communicated via the email associated with your account.

13. Governing Law

German law applies. The place of jurisdiction is Berlin, where legally permissible.

14. Reporting Illegal or Infringing Content

We comply with the EU Digital Services Act (Regulation 2022/2065) and Germany's Digital Services Act (DDG / formerly TMG).

• Notices of illegal or infringing content (Art. 16 DSA): submit via our report page. This includes copyright complaints — under European law there is no separate channel.
• Single point of contact for users (Art. 12 DSA): [email protected]
• Single point of contact for authorities (Art. 11 DSA): the same email above.

When we restrict or remove content, we will provide the affected user a statement of reasons (Art. 17 DSA) by email.

15. Contact

Findoria UG (haftungsbeschränkt)
Kolonnenstraße 8, 10827 Berlin, Germany
Email: [email protected]