General Terms and Conditions
General Terms and Conditions – Trickhouse
As of: September 2026
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 use our services (hereinafter “Customer”).
1. General provisions and scope
The following terms apply to all contracts that Trickhouse concludes with its customers for digital image and video production, AI modelling, avatar creation, content production, consulting services and other services offered. Conflicting or deviating terms and conditions of the Customer are hereby rejected, unless Trickhouse expressly acknowledges them in writing. These Terms apply equally to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) and – where expressly provided for – also to consumers pursuant to Section 13 BGB.
By concluding the contract, the Customer declares that they have taken note of and accepted these Terms.
2. Subject matter of the services
Trickhouse provides services in the field of generative AI production. These include 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 always results from the individual offer, a written service description or a contractual agreement.
As a rule, we owe the provision of digital content. Physical data carriers or raw files are not part of the scope of services unless expressly agreed. These are not photographic services of a real person but – unless defined otherwise – synthetic, fully AI-generated depictions.
3. Conclusion of contract
All services and prices shown on our website or in information 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 an order from the Customer in writing. Changes or additions to the agreed scope of services are only valid if they have been expressly confirmed by both parties and may cause additional costs.
4. Customer's duties to cooperate
The Customer undertakes to provide, in good time and in full, all relevant information, materials and specifications required to carry out the project. This includes in particular product photos, corporate designs, brand guidelines, colours, logos, fonts, text materials and all other specifications regarding style, platform format or target group.
The Customer warrants that all materials provided are free of third-party rights or that the corresponding rights of use exist.
Infringements of rights arising from content provided by the Customer are entirely the Customer's responsibility. Trickhouse is released from all third-party claims insofar as the infringement is based on Customer data or Customer specifications.
If the Customer does not fulfil their duties to cooperate, the delivery time is extended accordingly. Additional effort resulting from this may be invoiced separately.
5. Creation of AI-based content
Security & AI clause (synthetic models)
The AI models created by Trickhouse are generated using multi-stage generative processes and combined AI systems. No real persons are deliberately reproduced or depicted in the process.
By combining different models and training processes, the likelihood of a match with real existing persons is technically reduced to a minimum.
To the best of our knowledge, a complete match with a real existing person is extremely unlikely, but – as with any generative AI – cannot theoretically be ruled out with absolute certainty.
The content generated 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 that are based on real persons or deliberately depict them. In these cases, creation takes place exclusively on the basis of corresponding consents, contracts or model releases.
6. Corrections and project acceptance
Unless agreed otherwise, Trickhouse grants a certain number of correction rounds per project. Corrections beyond this are considered additional services.
With delivery of the preview version, the Customer receives a reasonable period to review the service. Unless a different period has been agreed, this is seven working days. Obvious defects should be reported in writing within this period. Deemed acceptance only occurs insofar as this is legally permissible and the Customer was expressly informed beforehand of the consequences of failing to make a declaration.
After acceptance, Trickhouse delivers the final data in the agreed format, usually via a download link or cloud folder.
7. Rights of use
All rights to the digital content created remain with Trickhouse, unless defined otherwise by contract.
After full payment, the Customer receives a simple, non-transferable right of use for the agreed use – in particular within defined platforms, markets, regions and periods.
Use beyond the agreed scope is only permitted with the written consent of Trickhouse and may trigger additional licence fees.
Passing the content on to third parties, sub-licensing or resale are only permitted with explicit approval.
Raw data, internal models, prompts or training data are not part of the scope of services.
Unless agreed otherwise, the AI models created by Trickhouse (including underlying training data, individually trained AI 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 merely access to its use within the content production carried out by Trickhouse.
Use of the respective AI model for creating further content is by default designed for a period of 12 months from the start of the project or the last use. After this period has expired:
- either an extension of the use of the existing model can be agreed against a service fee, or
- a new AI model can be created that meets the current requirements.
Content already created and delivered (images/videos) is not affected by this provision and can be used for an unlimited time within the agreed framework.
8. Remuneration and payment terms
The prices agreed in the respective offer apply. Unless agreed otherwise, remuneration is payable at the start of the project or in two instalments (down payment and final payment).
Invoices are due within 14 days without deduction. In the event of late payment, Trickhouse reserves the right to charge the statutory default interest and to suspend ongoing work until overdue claims have been settled.
For contracts with consumers, the statutory provisions on the right of withdrawal apply. If the consumer expressly requests that Trickhouse begin the service before the withdrawal period has expired, then in the event of withdrawal and under the statutory conditions, compensation for the value of the services rendered up to that point may be owed. For services, the right of withdrawal generally only expires once the service has been fully provided, provided the statutory requirements for this are met. For digital content not supplied on a tangible medium, the special statutory requirements for the expiry of the right of withdrawal apply.
9. Delivery times
Delivery dates are only binding if they have been confirmed in writing. Delays due to force majeure or lack of cooperation by the Customer are not within Trickhouse's area of responsibility.
10. Customer's responsibility when using the content
The Customer is themselves responsible for ensuring that the use of the content delivered complies with statutory provisions, advertising guidelines, platform rules and youth protection requirements. Trickhouse is not liable for blocking or rejection by social networks or advertising platforms.
11. Data protection and data collection (Google Analytics, Meta Pixel & HubSpot)
Trickhouse processes personal data exclusively within the framework of the applicable data protection laws and in accordance with the privacy policy published on the website.
When visiting the website, technically necessary cookies and comparable technologies are used insofar as this is necessary for the operation and security of the website. Analytics and marketing services such as Google Analytics and the Meta Pixel are only activated if the user has previously consented to the corresponding data processing via the cookie banner.
Trickhouse uses HubSpot as its CRM and form system. Data that users submit via the contact form or the application form is transmitted to HubSpot and processed there in order to handle the respective enquiry. This processing is to be distinguished from the use of analytics or marketing services and takes place exclusively for the purposes described in the privacy policy.
Consent given to analytics or marketing services can be revoked at any time with effect for the future. Details on the services used, legal bases, recipients and storage periods can be found in the privacy policy.
12. Confidentiality
Both parties undertake to keep secret all confidential information received in the course of the collaboration. This obligation continues indefinitely beyond the contractual relationship.
13. Liability
Trickhouse is liable without limitation for damages based on intentional or grossly negligent conduct, as well as for damages from injury to life, body or health.
In the event of a slightly negligent breach of essential contractual obligations, Trickhouse is only liable for the damage typical for the contract and foreseeable at the time the contract was concluded. Essential contractual obligations are those obligations whose fulfilment is what makes the proper performance of the contract possible in the first place and on whose observance the contractual partner may regularly rely.
Otherwise, liability for property damage and financial loss caused by slight negligence is excluded, insofar as this is legally permissible.
Mandatory statutory liability provisions remain unaffected.
14. Term and termination
Project-based contracts end upon full performance of the services. Ongoing contracts can be terminated in accordance with the agreed periods.
The right to extraordinary termination for good cause remains unaffected.
15. Right of withdrawal for consumers
In the case of distance contracts, consumers are in principle entitled to the statutory right of withdrawal, unless a statutory exception applies.
In the case of services, the right of withdrawal under the statutory conditions in principle only expires once Trickhouse has fully provided the agreed service and the consumer, before the start of the service, expressly agreed that Trickhouse may begin the service before the withdrawal period has expired and confirmed their awareness that their right of withdrawal expires upon full performance of the contract.
In the case of digital content not supplied on a tangible medium, the right of withdrawal may, under the statutory conditions, already expire at the start of performance of the contract if the consumer has expressly agreed that Trickhouse may begin performance of the contract before the withdrawal period has expired and has confirmed that they thereby lose their right of withdrawal.
16. Changes to the Terms
Trickhouse reserves the right to change these Terms if there are objective reasons. Changes will be communicated to the Customer in text form.
17. Place of jurisdiction and applicable law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as no mandatory statutory provisions conflict with this.
If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with the contractual relationship is – insofar as legally permissible – Düsseldorf.
For consumers, the statutory places of jurisdiction apply.
18. Final provisions
Should any provision be invalid, the validity of the remaining provisions remains unaffected. In place of the invalid provision, a provision that comes closest to the economic purpose shall apply.