Last updated and effective date: 14. February 2024
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using Zackplan/Hugepano and services offered by Zackplan.com and Hugepano.com.
THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE ZACKPLAN.COM WEBSITE AND ALL RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, ANY FEATURES, CONTENT, WEBSITES (INCLUDING ZACKPLAN.COM, HUGEPANO.COM) OR APPLICATIONS OFFERED FROM TIME TO TIME BY Zackplan/Hugepano GMBH IN CONNECTION THEREWITH (COLLECTIVELY “SERVICE(S)”). BY USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
If you don’t agree to these Terms, you may not use Zackplan/Hugepano.
Zackplan/Hugepano provides you immediate access to digital content as soon as you complete your purchase, without waiting the 14-day withdrawal period. Therefore, you expressly waive your right to withdraw from this purchase. Due to the high costs of GPU processing, we're not able to offer refunds because we reserve servers and incur high costs for your usage immediately.
You will be charged for your Zackplan/Hugepano subscription on the first day of each billing cycle.
Unless otherwise stated, your subscription fees (“Fees”) do not include federal, state, local, and foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment or additional evidence that we may reasonably require. If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment.
You can cancel your Zackplan/Hugepano subscription at any time. Your account will be downgraded automatically at the end of the last paid billing cycle.
If you cancel your subscription, you will not receive a refund or credit for any amounts that have already been billed or paid. Zackplan/Hugepano reserves the right to change its prices at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal.
Zackplan/Hugepano and its original content, features and functionality are and will remain the exclusive property of Zackplan.
Zackplan/Hugepano constantly changes and improves the service. Zackplan/Hugepano may add, alter, or remove functionality from a service it provides to you at any time without prior notice. Zackplan/Hugepano may also limit, suspend, or discontinue a service provided to you at its discretion. If Zackplan/Hugepano discontinues a Service, we will give you reasonable advance notice.
By using Zackplan/Hugepano, you agree that the Service is intended solely for the purpose of creating architectural AI images of your projects or other individuals for whom you have obtained explicit consent. You acknowledge and agree that when creating AI images, you have their express permission to use their images and to create, train, and generate AI-generated images.
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action (including making use of the Site, any Assets or our models or derivatives of our models) that: would constitute a violation of any applicable law, rule or regulation; infringes upon any intellectual property or other right of any other person or entity; is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, furthering of self-harm or profane; creates Assets that exploits or abuses children; generates or disseminates verifiably false information with the purpose of harming others; impersonates or attempts to impersonate others; generates or disseminates personally identifying or identifiable information; creates Assets that implies or promotes support of a terrorist organization; creates Assets that condone or promote violence against people based on any protected legal category.
You agree to not use the Service for the purpose of generating nudes or pornography.
By using the Service and uploading any content, you expressly acknowledge and agree that you will not upload, post, generate or share any photographs or content depicting minors (individuals under the age of 18). You further agree that, in compliance with applicable laws and regulations, we reserve the right to monitor and review any uploaded any generated content, and if we identify any content featuring minors, we will immediately remove such content and report any instances of potential child exploitation, endangerment, or abuse to the appropriate law enforcement authorities in your respective jurisdiction. By using our platform, you consent to such monitoring, review, and reporting, and you understand that you may be subject to legal repercussions if you violate these terms.
Further, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Zackplan’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Zackplan/Hugepano may use to prevent or restrict access to the Service (or parts thereof); (iv) use any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods, other than as permitted through an allowable API; (v) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services that are not open (except to the extent such restrictions are contrary to applicable law); and (vi) reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without our express written permission.
Zackplan/Hugepano utilizes artificial intelligence systems to produce the Assets. Such Assets may be unintentionally similar to copyright protected material or trademarks held by others. We respect rights holders internationally and we ask our users to do the same. If you believe your copyright or trademark is being infringed by the Service, please write to and we will process and investigate your request and take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement.
You shall defend, indemnify, and hold harmless Zackplan/Hugepano, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Service, or (ii) your violation of the Terms of Use or any applicable law, contract, policy, regulation or other obligation. Zackplan/Hugepano reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Zackplan/Hugepano in connection therewith.
IN NO EVENT SHALL Zackplan/Hugepano OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE OR, IF GREATER, $500. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Your use of Zackplan/Hugepano is solely at your own risk. Zackplan/Hugepano is provided on an “AS IS'' and “AS AVAILABLE” basis. Zackplan/Hugepano is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
ALL USE OF THE SERVICE AND ANY CONTENT IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE ZACKPLAN.COM APP AND ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
By accessing the Services, you confirm that you’re at least 18 years old and meet the minimum age of digital consent in your country. If you are not old enough to consent to our Terms of Use in your country, your parent or guardian must agree to this Agreement on your behalf.
Please ask your parent or guardian to read these terms with you. If you’re a parent or legal guardian, and you allow your teenager to use the Services, then these terms also apply to you and you’re responsible for your teenager’s activity on the Services. No assurances are made as to the suitability of the Assets for you.
Zackplan/Hugepano may contain links to third-party websites or services that are not owned or controlled by Zackplan.
Zackplan/Hugepano has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Zackplan/Hugepano shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
To find out what personal data we collect and how we use it, please visit our Privacy Policy.
These Terms shall be governed and construed in accordance with the laws of Austria, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and the Owner regarding Zackplan/Hugepano, and supersede and replace any prior agreements that may have been made between you and the Owner regarding Zackplan.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use Zackplan/Hugepano after such revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please cancel your Zackplan/Hugepano subscription and stop using Zackplan.
We reserve the right to cancel your subscription (without refund) and prevent you from using Zackplan/Hugepano if you breach any of these Terms. We may also terminate or suspend access to Zackplan/Hugepano immediately, and without prior notice or liability, for any other reason. Upon termination, your right to use Zackplan/Hugepano will immediately cease.
All provisions of the Terms which by their nature should survive termination, shall survive termination.
Zackplan GmbH
HUGEPANO Department
Lessinggasse 23/6
1020 Vienna
AUSTRIA