AGB – Trickhouse AI Model Agency
Last updated: 01.05.2025
These General Terms and Conditions govern all contractual relationships between Trickhouse, represented by its owner Marvin Hollmach (hereinafter "Trickhouse", "we" or "us"), and the customers who make use of our services (hereinafter "Customer").
1. General Provisions and ScopeThe following terms apply to all contracts concluded by Trickhouse with its customers regarding digital image and video production, AI modeling, avatar creation, content production, consulting services, and other services offered. Any conflicting or deviating terms and conditions of the customer are hereby rejected, unless Trickhouse expressly acknowledges them in writing. These Terms and Conditions apply equally to entrepreneurs within the meaning of § 14 BGB (German Civil Code) and, where expressly provided, to consumers pursuant to § 13 BGB. By concluding a contract, the customer declares that they have read and accepted these Terms and Conditions.
2. Subject Matter of ServicesTrickhouse provides services in the field of generative AI production. This includes in particular the creation of AI-generated models, avatars and influencers, the production of image and video material, digital product staging, the development of brand avatars, storyboards and visual concepts, as well as the processing, retouching and final delivery of digital content. The specific scope of services is always determined by the individual offer, a written service description, or a contractual agreement.We generally owe the provision of digital content. Physical data carriers or raw files are not part of the scope of services unless expressly agreed. This does not involve photographic services of a real person, but rather — unless otherwise defined — synthetic, entirely AI-generated depictions.
3. Conclusion of ContractAll services and prices presented on our website or in informational materials are non-binding and subject to change. A contract is concluded as soon as the customer accepts an offer from Trickhouse in writing or electronically, or Trickhouse confirms a customer's order in writing. Changes or additions to the agreed scope of services are only valid if expressly confirmed by both parties and may result in additional costs.
4. Customer's Duties to CooperateThe customer undertakes to provide all relevant information, materials and specifications required for carrying out the project in a timely and complete manner. This includes in particular product photos, corporate designs, brand guidelines, colors, logos, fonts, text material, and any other specifications regarding style, platform format or target audience.The customer warrants that all materials provided are free of third-party rights or that corresponding usage rights exist. Legal infringements arising from content provided by the customer are entirely the customer's responsibility. Trickhouse is indemnified against all third-party claims to the extent the infringement is based on customer data or customer specifications.If the customer fails to fulfill their duties to cooperate, the delivery time is extended accordingly. Any additional effort resulting from this may be invoiced separately.
5. Creation of AI-Based ContentSafety & AI Clause (Synthetic Models)The AI models created by Trickhouse are generated through multi-stage generative processes and combined AI systems. In doing so, no real persons are deliberately reproduced or depicted. Through the combination of various models and training processes, the likelihood of a match with a real, existing person is technically reduced to a minimum. To the best of our knowledge, a complete match with a real, existing person is highly unlikely, but — as with any generative AI — cannot theoretically be excluded with absolute certainty. The generated content is to be understood as independent, synthetic creations and not as a depiction of real persons.This provision applies exclusively to fully synthetically generated AI models. Expressly excluded from this are so-called "Digital Twins", avatar projects, or other productions based on or specifically depicting real persons. In these cases, creation takes place exclusively on the basis of corresponding consents, contracts, or model releases.
6. Corrections and Project AcceptanceUnless otherwise agreed, Trickhouse grants a certain number of correction rounds per project. Any further corrections are considered additional services. Upon delivery of the preview version, a review period of seven business days begins. If no written notice of defects is submitted within this period, the content is deemed accepted. Following acceptance, Trickhouse delivers the final data in the agreed format, typically via download link or cloud folder.
7. Usage RightsAll rights to the created digital content remain with Trickhouse, unless otherwise contractually defined. Upon full payment, the customer receives a simple, non-transferable right of use for the agreed purpose — in particular within defined platforms, markets, regions and time periods. Any use beyond the agreed scope is only permitted with the written consent of Trickhouse and may result in additional licensing fees. The transfer of content to third parties, sublicensing, or resale is only permitted with explicit approval. Raw data, internal models, prompts or training data are not part of the scope of services.Unless otherwise agreed, the AI models created by Trickhouse (including underlying training data, LoRA models, workflows and generation logic) remain the property of Trickhouse. The customer does not receive a permanent right of use to the AI model itself, but only access to its use within the scope of content production by Trickhouse. The use of the respective AI model for the creation of further content is by default limited to a period of 12 months from the start of the project or the last use.After this period expires, either an extension of the use of the existing model can be agreed upon in exchange for a service flat fee, or a new AI model can be created that meets current requirements. Content (images/videos) already created and delivered is not affected by this provision and may be used without time limitation within the agreed scope.
8. Compensation and Payment TermsThe prices agreed upon in the respective offer apply. Payment is due at the start of the project or in two installments (deposit and final payment), unless otherwise agreed. Invoices are due within 14 days without deduction. In the event of payment default, Trickhouse reserves the right to charge default interest and suspend ongoing work. The right of withdrawal lapses as soon as the customer has expressly agreed that production will begin before the withdrawal period has expired.
9. Delivery TimesDelivery dates are only binding if confirmed in writing. Delays due to force majeure or the customer's failure to cooperate are not within Trickhouse's area of responsibility.
10. Customer's Responsibility for the Use of ContentThe customer is solely responsible for ensuring that the use of the delivered content complies with legal provisions, advertising guidelines, platform rules, and youth protection requirements. Trickhouse is not liable for blocks or rejections by social networks or advertising platforms.
11. Data Protection and Data Collection (Google Analytics & HubSpot)Trickhouse processes personal data exclusively within the framework of the GDPR and in accordance with the privacy policy published on the website. When visiting our website, technically necessary cookies are set. In addition — only with active consent — tracking data is collected by Google Analytics to analyze user behavior and improve our offering. Trickhouse also uses HubSpot as a CRM and contact form system. Data entered via the contact form is transmitted to HubSpot, stored, and processed in order to handle the inquiry. HubSpot complies with applicable GDPR standards. The customer may withdraw their consent at any time.
12. ConfidentialityBoth parties undertake to keep confidential all confidential information received in the course of the collaboration. This obligation continues indefinitely beyond the contractual relationship.
13. LiabilityTrickhouse is liable for property and financial damages only in cases of intent or gross negligence. In cases of ordinary negligence, liability applies only for breach of material contractual obligations. Liability for lost profit is excluded to the extent permitted by law. These limitations of liability do not apply to injury to life, body or health.
14. Term and TerminationProject-related contracts end upon full completion of the services. Ongoing contracts may be terminated in accordance with the agreed notice periods. The right to extraordinary termination for good cause remains unaffected.
15. Right of Withdrawal for ConsumersFor digital content, the right of withdrawal expires as soon as the customer has agreed that production will begin and has been informed that this will result in the loss of their right of withdrawal.
16. Changes to the Terms and ConditionsTrickhouse reserves the right to amend these Terms and Conditions where objective reasons exist. Changes will be communicated to the customer in text form.
17. Jurisdiction and Governing LawGerman law applies. The place of jurisdiction is Düsseldorf, provided the customer is a merchant or entrepreneur.
18. Final ProvisionsShould any provision be invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by one that comes closest to its economic purpose.