1. Scope & Parties

These Terms of Use (“Terms”) govern access to and use of the background removal application-programming-interface and related services (collectively, the “API”) provided by Dumpling Software UG (haftungsbeschränkt), Kollwitzstrasse 76, 10435 Berlin, Germany (the “Company”, “we”, “us”).

2. Acceptance & Capacity

By accessing or using the API you represent that you are legally competent and have authority to bind any entity on whose behalf you access the service.

3. License & Access

We grant you a limited, non-exclusive, non-transferable, revocable licence to call the API in accordance with these Terms. Resale, sub-licensing, or white-labelling requires prior written consent.

4. User Content & Image Rights

You retain all rights, title, and interest in and to the images and other content you submit to the API (“User Content”). You represent and warrant that you own or have all necessary rights, licences, and permissions to submit the User Content for processing and that doing so does not violate any third-party rights or applicable law.

You grant the Company a non-exclusive, worldwide, royalty-free licence to process the User Content solely for the purpose of providing the API to you. Images submitted to the API are processed in-memory and are permanently deleted immediately after the processed result is returned. We do not retain or use your images for model training.

5. Compliance With Laws & Third-Party Terms

You bear sole responsibility for ensuring compliance with applicable laws, data-protection regulations, export controls, sanctions, and third-party platform terms when using the API.

6. Prohibited Uses

You may not use the API to:

Violate laws or third-party rights
Process personal data without a valid legal basis
Interfere with platform integrity
Engage in fraudulent or unethical conduct
Reverse-engineer the API or gain unauthorized access

7. Security & Rate Limits

Keep your API credentials confidential. You are liable for all requests made with your key. The Company may throttle or suspend keys exceeding reasonable volumes or the rate limits associated with your plan.

8. Service Availability

The API is offered on a best-effort basis. Functionality may change, be suspended, or be discontinued at any time without notice.

9. Force Majeure

The Company bears no liability for delays caused by circumstances beyond reasonable control, including platform countermeasures, outages, injunctions, war, or natural events.

10. Intellectual Property

All software, documentation, and derivative works created by the Company remain our sole property. Except for the limited licence granted above, no rights are granted.

11. Indemnity

You will indemnify, defend, and hold harmless the Company, its affiliates, and their directors and employees from any claim, damage, loss, or expense arising from your use of the API, your User Content, or your breach of these Terms.

12. Warranty Disclaimer

The API is provided “as is” and “as available.” We make no warranties — express, implied, or statutory — including but not limited to merchantability, fitness for a particular purpose, accuracy, non-infringement, or uninterrupted availability.

13. Limitation of Liability

Unlimited liability for intent, gross negligence, and personal injury.
Simple-negligence liability is limited to foreseeable, typical damages resulting from a breach of a cardinal duty.
No liability for indirect, consequential, or punitive damages.
Obligations under the German Product Liability Act remain unaffected.

14. Refunds & Cancellations

Monthly plans (Pro, Mega, Ultra, Giga). Refunds are available if no API requests were made during the billing period.

Annual plans (Basic and yearly billings of paid plans). Non-refundable except within the 14-calendar-day cooling-off period, with pro-rated refunds for unused time.

The Company may deny refunds where users breach these Terms or engage in prohibited uses.

15. Governing Law & Venue

These Terms are governed by German law, excluding conflict-of-law principles. The exclusive venue for all disputes is the competent court in Berlin-Mitte.

16. EU Data Act Notice

As of 12 September 2025 we will process any data-access or data-sharing requests in accordance with Regulation (EU) 2023/2854 (“EU Data Act”).

17. Amendments

The Company may modify these Terms by posting updated versions. Continued use of the API after such posting constitutes acceptance of the updated Terms.

18. Entire Agreement & Severability

These Terms supersede all prior agreements regarding the API. If any provision is held invalid, the remaining provisions remain in full force.