Legal

Terms of Service

Last updated: 31 October 2026

These Terms of Service ("Terms") govern your use of kwirk, meaning the website kwirk.ai and our apps (together, the "Service"). The Service is provided by Siggipiet UG (haftungsbeschränkt), Merseburger Straße 393, 06132 Halle (Saale), Germany ("kwirk", "we", "us"). Our full contact details are in the Imprint.

By creating an account you agree to these Terms, including our Content Rules. How we handle personal data is explained in our Privacy Policy.

1. Who can use kwirk

You must be at least 18 years old. You can use kwirk as a consumer or for your business. If you use kwirk on behalf of a company, you confirm that you are allowed to accept these Terms for it.

2. Your account

• Give us accurate information and keep it up to date.

• Keep your login secure. You are responsible for what happens in your account, unless you are not at fault.

• Your account is personal. Do not share, sell or transfer it.

3. What kwirk does

kwirk lets you create AI characters and generate short videos from your instructions, choices, reference images and reference videos ("Inputs"). The results ("Outputs") are created automatically by AI models, including models of third-party providers.

AI results can be unexpected or imperfect, and other users may receive similar results. We do not promise a specific result. We work to keep kwirk available at all times but may need short interruptions for maintenance, security or reasons outside our control.

We may change or update features if the change is reasonable for you, for example to improve kwirk, keep it secure or comply with the law. We will not remove essential features of a paid plan during your current billing period.

4. Credits, plans and payment

4.1 Credits

Creating characters and videos uses credits. You always see how many credits a generation costs before you start. If a generation fails for technical reasons, the credits are refunded automatically.

4.2 Plans and credit packs

Paid plans (Creator, Pro, Ultra) are monthly subscriptions that include a set number of credits every month. Plan credits are valid for the billing period they come with and do not carry over. Credit packs you buy separately are valid for 12 months from purchase. Free credits are a gift, have no cash value and expire after 30 days.

4.3 Prices and payment

Prices are shown in US dollars without VAT. Where VAT applies, it is added at checkout and shown before you pay. Payments are processed by our payment provider Stripe. Subscriptions are billed in advance at the start of each billing month and renew automatically until cancelled.

Credits have no cash value, cannot be transferred and are not refundable unless the law or these Terms provide otherwise.

4.4 Price changes

We will only change the price of your existing subscription with your consent. We will ask you at least 30 days before the change would take effect. If you do not agree, your subscription continues at the current price.

5. Term and cancellation

You can cancel your subscription at any time, effective at the end of the current billing period. Cancel in your account settings or with the Cancel contracts here button, which is available on every page without logging in. You keep access to your plan until the end of the period you have paid for.

We can end a subscription with 30 days' notice to the end of a billing period. Both sides keep the right to terminate without notice for good cause, for example if you seriously or repeatedly break our Content Rules.

You can delete your account at any time in your settings. This also ends your subscription at the end of the current billing period.

6. Right of withdrawal

If you are a consumer, you have a statutory right of withdrawal. You will find the details, the model withdrawal form and the Withdraw from contract here button on our Right of withdrawal page. Please note that your right of withdrawal can end early if you ask us to start right away.

7. Your Inputs

You keep all rights to your Inputs. By using an Input, you confirm that:

• you own it or have all rights and permissions needed to use it with kwirk, including for any image or video you upload;

• every identifiable real person shown in it has agreed that you use their face, body or voice in this way; and

• it does not break the law or anyone's rights, such as copyright, trademark, privacy or personality rights.

When you upload a video as a reference, we use it only for your generation. You are responsible for being allowed to use it, for example because you made it yourself or have the owner's permission.

You give us a non-exclusive, worldwide, royalty-free licence to store, process and transmit your Inputs, including to our AI providers, only as far as needed to run kwirk for you and keep it safe. This licence ends when you delete the Input, except for copies in backups, which are deleted on our regular schedule.

8. Your Outputs

We do not claim ownership of your Outputs. As between you and us, you may use them for any lawful purpose, including commercial use, as long as you follow these Terms. Please note that AI-generated content may not be protected by copyright and that similar Outputs may be created for other users.

You allow us to store your Outputs, show them to you and check them for safety. We will only use your Outputs in our own marketing if you have given us permission.

Outputs may contain invisible, machine-readable information that identifies them as AI-generated, as required by EU law. Do not remove or alter this information.

9. Publishing your videos

You decide where and how you publish your Outputs, and you are responsible for doing so lawfully. In particular:

• Follow the rules of the platforms you post on, such as TikTok and Instagram, including their rules on AI-generated content.

• Where the law requires it, disclose that your content is AI-generated. Under the EU AI Act this applies, for example, to realistic content that resembles real people, places or events (so-called deepfakes).

• Do not use Outputs to mislead people, for example by suggesting that a real person said or did something they did not.

10. Things you must not do

Our Content Rules are part of these Terms. In addition, you must not:

• bypass our safety filters, usage limits or payment;

• remove or alter the AI markings in Outputs;

• access kwirk with bots, scrapers or other automated means without our written permission;

• copy, decompile or reverse engineer kwirk, or use it to build a competing product;

• resell or sublicense access to kwirk; or

• attack, overload or interfere with our systems.

11. Moderation and reports

We use automated filters and human review to enforce these Terms and our Content Rules. We may block a generation, remove content, or restrict or suspend an account. If we do, we tell you why and how you can contest the decision, unless the law prevents us. You can contest any decision by contacting us, and a person will review it.

Anyone can report illegal content or content that breaks our rules using our report form.

12. Other platforms

Our Discover page shows trending videos from TikTok and Instagram through the platforms' official embed players, with credit to the original creators. These videos belong to their owners and are governed by the terms of those platforms. kwirk is not affiliated with, endorsed or sponsored by TikTok, Instagram or Meta.

13. Liability

We are liable without limitation for damage caused intentionally or through gross negligence, for injury to life, body or health, under the German Product Liability Act and where we have given a guarantee.

For slight negligence, we are only liable if we breach an essential contractual obligation, meaning an obligation that makes the proper performance of the contract possible in the first place and on which you may regularly rely. In that case our liability is limited to the typical damage that was foreseeable when the contract was concluded. Otherwise our liability for slight negligence is excluded.

These limitations also apply to our employees, representatives and agents. If you are a consumer, your statutory rights for defects in digital products (sections 327 et seq. of the German Civil Code) remain unaffected.

14. Business users

If you use kwirk for business purposes, you will indemnify us against third-party claims arising from your Inputs or from your use of Outputs in breach of these Terms, including reasonable legal costs.

15. Creator referral program

Every account gets a personal code and link. People who sign up with it get 20% off their first month, on monthly and yearly plans. You receive 10% of the net amount (after discounts, excluding VAT, refunds and chargebacks) that each referred customer pays for subscriptions during their first 12 months. Approved Partners receive 20% instead of 10%.

Attribution: a sale counts for you if the customer enters your code at checkout, or buys within 60 days after clicking your link. If a different code is entered at checkout, that code counts.

• Payouts: commissions are released after a 30-day hold, so refunds and withdrawals can be taken into account. Once at least $20 is available, you can request a payout at any time: as kwirk credits worth 1.5 times the commission, right away and without fees, or in cash to your bank account or debit card (via our payment provider) or PayPal. Cash payouts have a fee of $2.50 plus 1% of the amount, which covers the transfer costs and is deducted from the payout.

• Advertising: clearly mark posts in which you promote kwirk as advertising (for example "#ad" or "Werbung") and follow the rules of each platform.

• Partners: to keep Partner status, your TikTok or Instagram bio must show "kwirk Creator" and your kwirk link. Partner bonus credits are only granted while this is the case. We may review Partner status at any time.

• Refunds and chargebacks: if a referred payment is refunded, withdrawn or charged back, the commission for it is cancelled. Commissions already paid out may be deducted from future payouts.

• Not allowed: referring yourself or your own extra accounts (we check payment details, email and devices), purchases with payment methods you are not authorized to use, spam, misleading promises, posting your code on coupon or deal sites, and paid search ads that use the name "kwirk" or similar terms. Commissions earned this way will not be paid, and we may close the referral account.

• Taxes: you are responsible for declaring and paying taxes on your commissions.

• Changes: we may change or end the program with 30 days' notice. Commissions already earned remain unaffected.

16. Changes to these Terms

We may update these Terms for good reasons, such as new features, changes in the law or court decisions. We will inform you by email at least 30 days before changes take effect. Changes that affect the main obligations of the contract or the balance between price and service require your express consent. If you do not agree to a change, you may cancel before it takes effect.

17. Governing law and disputes

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer living in another country, you also keep the protection of the mandatory consumer laws of that country.

If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Halle (Saale), Germany.

We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

18. Final provisions

If any provision of these Terms is invalid, the rest remains valid. These Terms are available in English. Questions? Contact us.