Allgemeine Nutzungsbedingungen

Essential Information

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF THIS TERMS OF USE (“AGREEMENT”). YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT IS AN ABSOLUTE CONDITION OF YOUR USE OF THE BLIEVE.AI WEBSITE, ANY OTHER WEBSITE, SERVICE, TOOL, AND/OR APPLICATION MADE AVAILABLE BY 123RF (AS DEFINED BELOW) OR ITS SUBSIDIARIES OR AFFILIATES (INDIVIDUALLY AND COLLECTIVELY, THE “SITE”) AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND 123RF PTE. LTD. (HEREAFTER “123RF”). BY ACCESSING ANY SERVICE OR PART THEREOF UNDER THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. 123RF RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE, AND YOU AGREE TO BE BOUND BY SUCH CHANGES. THIS AGREEMENT IS NOT INTENDED TO ALTER THE TERMS AND CONDITIONS OF ANY LICENSE AGREEMENT YOU MAY HAVE WITH 123RF, ITS SUBSIDIARIES OR AFFILIATES, AND TO THE EXTENT OF ANY CONFLICT, THE TERMS AND CONDITIONS OF YOUR LICENSE AGREEMENT SHALL PREVAIL.

1. Ownership

The Site is owned and operated by 123RF Pte. Ltd. All images on the Site are protected by international copyright laws and international treaty provisions. 123RF retains all rights not expressly granted by this Agreement. In addition, 123RF reserves the right to terminate the Site without notice.

2. Authorized Use

123RF hereby grants you a non-exclusive, limited, non-transferable, and revocable license to use and access the Site, subject to terms of your purchase, as may be applicable. 123RF reserves the right to modify, suspend, or discontinue any part of the Site at any time and without notice to you. 123RF shall not be liable to you or any third party for such actions.

Any content generated by you from the Site, including, without limitation, any files, texts, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Content”) is provided to you by 123RF.

Subject to the terms and conditions therein, when you use our artificial intelligence (“AI”) tools and services, you retain ownership of all intellectual property rights in the text and/or content you input into the AI tools and services. 123RF retains ownership of the underlying AI tools and services, algorithms, and any intellectual property rights used to provide the AI tools and services.

You also agree that your input may be retained by us for a reasonable period of time for the purposes of: (i) improving or enhancing the Site; (ii) analysing and measuring the effectiveness of the Site; (iii) fulfilling contractual obligations; and for the (iv) compliance with legal obligations.

For the usage of the AI services and tools, you understand and acknowledge that similar or identical creations may be created by other parties using their prompts, and you understand that all AI creations are fictitious and are not intentionally related to a real person and/or property. You also acknowledge and agree that the AI Content is algorithmically generated and may not be entirely error-free. You are solely responsible for reviewing and editing the AI Content to ensure it meets your specific needs. 123RF shall not be liable for any damages arising from your use of the AI tools and services or any errors or inaccuracies in the AI Content.

3. Links to Third Party Sites

123RF provides links to third-party sites as a convenience to you. 123RF does not control third party sites or links to third party sites. Links to third-party sites are not an endorsement by 123RF of such sites. 123RF is not responsible for the content of any linked sites.

4. Limited Warranty

123RF represents that it has the right to enter into this Agreement and has the right to grant this Agreement under these terms.

EXCEPT AS PROVIDED ABOVE, THE CONTENT AND THE SITE, ARE PROVIDED 'AS IS' 'AS AVAILABLE' AND 'WITH ALL FAULTS' BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 123RF DOES NOT WARRANT THAT THE CONTENT AND THE SITE WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT AND THE SITE ARE WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT 123RF OR AN AUTHORIZED PERSONNEL OR OTHER COMPUTER DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE USAGE OF AI IS A NEW TECHNOLOGY AND IT DOES NOT ALWAYS WORK AS EXPECTED. NO GUARANTEES ARE MADE TO THE QUALITY, ACCURACY, SUITABILITY AND RELIABILITY OF THE RESULTS.

Certain states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from state to state.

5. You Represent, Warrant, and Covenant That

  1. You are at least sixteen (16) (if you are residing in EU) / eighteen (18) years of age (if you reside everywhere else aside from EU) and have the right to enter into this Agreement;

  2. Your use of the Content and the Site will not and/or cause to violate any rights including but not limited to copyrights, intellectual property rights, trademark, privacy, or any other applicable law or regulation of any country, state, other governmental entities or any third party; and

  3. The information you provide to 123RF is accurate and true, including without limitation all credit card information.

6. DMCA Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and it is accessible on this Site, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). To be effective under the DMCA, a notification of claimed infringement must be a written communication provided to 123RF designated agent that includes substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that Site;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit 123RF to locate the material;

  • Information reasonably sufficient to permit 123RF to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

  • A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information must be submitted as a written notification to the following Designated Agent of 123RF at the email address: dmca@123rf.com.

Written notifications may also be sent to the below address, but please note there may be a significant delay in receiving your notice:

PLEASE NOTE THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

This information should not be construed as legal advice, for further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).

NOTE: This information is provided exclusively for notifying 123RF that your copyrighted material(s) might have been infringed. Any other inquiries, including technical support requests, billing questions, reports of email abuse and third-party reports of piracy, will not receive a response through this process.

7. DMCA Counter-Notifications

If you believe in good faith that your content was wrongly removed in response to a copyright complaint, you may send a counter-notification to our Designated Agent, as mentioned in Section 6 above, containing the following information:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled providing specific URLs is recommended;
  • A statement under penalty of perjury that you have good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
  • Your name, address, telephone number, and email address; and
  • A statement that (i) you consent to the jurisdiction in the Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, that you consent to jurisdiction in the Central District of California, and (ii) you will accept service of process from the person who provided notification of the alleged infringement (or an agent of such person).

8. Counter Repeat Infringer Policy and Takedown Policy

123RF is committed to complying with the DMCA and requires all users of the Site to comply as well. In order to protect the rights of copyright holders, 123RF implements a repeat infringer policy under which it may terminate the accounts of users who repeatedly violate the DMCA. 123RF’s repeat infringer policy is implemented seriously. A user may be a “repeat infringer” due to multiple copyright complaints against them within a certain period of time; however, 123RF reserves the right to terminate a user upon receiving any number of DMCA notifications from content owners. If a user’s account is terminated pursuant to 123RF’s repeat infringer policy, the user will be notified.

The Site might use AI to generate creations and such creations may be unintentionally similar to copyrighted protected material or any real person. We respect rights holders internationally. If you believe your copyrighted work or image is being infringed on the Site, please send a takedown notice per Section 6 above and we will process your request.

9. Removal of Content

123RF reserves the right to remove the Content if 123RF determines that the Content infringes the copyright, trademark, or other intellectual property rights, is misappropriation, unlawful, harassing, or improper ("Illegal Content").

If you notice any Illegal Content on this Site, 123RF encourages you to report the Illegal Content by submitting a written notification to 123RF at the email address: dmca@123rf.com by including all the necessary information.

10. Incorrect Pricing and Information

123RF has used reasonable effort to ensure that the pricing and information stated on the Site are accurate, however there are possibilities due to genuine error that the Content's information is incorrect or the Content is priced wrongly, in such situation 123RF has the right to cancel the transaction, and refund the payment, if the transaction has been made.

11. Limitation of Remedies

Under no circumstances whatsoever will 123RF be liable to you for any damages, including any lost profits or revenues, lost savings, or other special, general, punitive, incidental, or consequential damages arising out of the use or inability to use the Content and the Site even if 123RF or a distributor authorized by 123RF has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

12. Indemnification

You agree to fully defend and indemnify 123RF, its employees, directors, and officers, and anyone else associated with 123RF, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys' fees and expenses, arising from the breach of the warranty above or the terms of this Agreement.

13. Usage

123RF reserves the right to change and amend the prices of any subscription package or the credit download rates for each generation, provision of any associated services and/or tools, bundling of such services and/or tools without prior notice to you. However, 123RF will always endeavour to notify you of any impending price changes.

SUBSCRIPTION PLANS

  • Should you choose to upgrade your existing plan, the new plan will be automatically activated, and any unused portion of your current subscription plan will be rolled over to the upgraded plan.
  • Should you choose to downgrade your plan, the downgrade will take effect only in the following month, upon the expiration of the current subscription period.
  • There shall be no extension of subscription period if you fail to generate any Content due to Internet connectivity problems. 123RF will fully reimburse the 'lost days' only if the Site is inaccessible worldwide (i.e. system down) for a continuous duration of eight (8) hours or more.
  • The Content will no longer be available for generation once the subscription period ends.
  • Auto Renewal subscription plans will be automatically renewed upon expiration. You can cancel Auto Renewal at any time on the Site by contacting our support team.

14. No Waiver

Failure by 123RF to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.

15. Restrictions

You may NOT:

  • use or try to use any automated means to download the Content and/or access the Site;
  • disclose your account details and password to any unauthorised person;
  • license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit any part of the Site, or any content displayed on the Site without 123RF prior written authorization;
  • modify and/or alter any part of the Site;
  • access the Site through any technology or means, other than the technology as may be provided by 123RF;
  • use or launch any automated system, including without limitation, “robots”, “spiders”, or “offline readers” that accesses the Site in a manner not humanly possible;
  • collect or harvest any personally identifiable information, including account names from the Site or to use the communication systems provided by the Site for any solicitation purposes; and/or
  • solicit, for commercial purposes, any users of the Site with respect to their content on the Site.

16. Fair Use

123RF may, at its sole discretion, restrict and/or disable any person or entity from using the Site should it be determined that such usage adversely impacts the behavior of the Site and/or performance of the servers.

17. Termination

123RF reserves the absolute right to block, restrict, suspend and/or terminate your access to the Site or any part thereof, and/or the Content at any time and without notice or liability to you.

18. Jurisdiction

This Agreement shall be governed by the laws of Singapore, without regard to the conflict of laws principles.

All disputes arising out of or in connection with the performance of this Agreement shall be settled through friendly negotiations. If the parties are unable to resolve any such dispute within thirty (30) days after the commencement of negotiations, the parties agree that the dispute shall be settled by arbitration in Singapore under the Singapore International Arbitration Centre (“SIAC”) administered SIAC Arbitration Rules in force when the notice of arbitration is submitted in accordance with these rules. The number of arbitrators shall be one (1). The language of the arbitration shall be English. The arbitral award shall be final and binding upon both parties.

You acknowledge and agree that any breach of any covenant, representations and warranties contained in this Agreement would cause irreparable injury to 123RF such that damages and remedies under Singapore Law for any breach of any such covenant would be inadequate. You further acknowledge and agree that the arbitral tribunal may order any interim measure it deems necessary or proper in accordance with the applicable laws of Singapore, including without limitation, any injunctive or enjoining procedural orders or interlocutory awards.

19. Legal Fees

If 123RF is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse 123RF for its legal fees, costs, and disbursements if 123RF is successful.

20. Assignability

The parties are independent contractors and no employment, agency, or joint venture is created hereunder. This Agreement, and any rights and licenses granted hereunder may not be transferred or assigned by You but may be assigned by us without restriction

21. Entire Contract

You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between you and 123RF, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and 123RF relating to the subject of this Agreement. The explanations to FAQ's and other explanations and content provided in the Site are for your information only and are not, and shall not be construed as, part of this Agreement.

22. Severability

Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions.

23. Privacy Policy

We only use your information as described in the Privacy Policy which is incorporated into this Agreement by reference.

You further agree that by your continued use of the Site, you agree to the terms of this Agreement and Privacy Policy. If you do not agree to your information being used in the manner stated in our Privacy Policy, please cease from using the service(s) provided by the Site.

Your continued use of the Content, services and/or the Site implies your full consent to 123RF’s use of your corporate / business identity logos for promotional purposes of 123RF without the need for payment of any consideration thereof.

25. Language

This Agreement is written in English with a reference translation in another language (if necessary). In the event of any conflict in interpreting or construing the terms of this Agreement, the English version shall prevail.

Last Updated: 17 March 2025