Terms of Service

3.1 Registration Requirements

Use of the Platform beyond browsing public content requires the creation of a user account. Registration is available via email address with password or through Google OAuth. During registration, you must provide a valid email address and choose a username.

3.2 Age Requirement

You must be at least 16 years of age to register for and use the Platform. By registering, you represent and warrant that you are at least 16 years old. If we become aware that a User is under 16, we will terminate their account and delete their personal data without undue delay.

3.3 Account Accuracy

You agree to provide truthful and complete information during registration and to keep your account information up to date. Each natural person may maintain only one account. Creating multiple accounts is prohibited and may result in termination of all accounts.

3.4 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately if you become aware of any unauthorized use of your account or any other breach of security. We shall not be liable for any loss or damage arising from your failure to comply with these security obligations.

3.5 Right to Refuse Registration

We reserve the right to refuse registration or to terminate accounts at our reasonable discretion, in particular where a User has previously been banned from the Platform or has violated these Terms.

5.1 Subscription Model

KPOPPERS operates on a per-idol subscription model. Each subscription grants access to the full range of interactive features for one specific AI idol. Browsing the idol marketplace and viewing public idol profiles is free of charge.

5.2 Prices and Taxes

All prices displayed on the Platform are inclusive of the applicable statutory value-added tax (VAT) where required. Prices are displayed in the currency applicable to your region at the time of purchase. We reserve the right to adjust prices for future billing periods. Price changes for existing subscriptions will be communicated at least 30 days before the next billing period. If you do not agree to a price change, you may cancel your subscription before the new price takes effect.

5.3 Payment Processing

All payment transactions are processed by Stripe, Inc. By purchasing a subscription, you also agree to Stripe's terms of service. We accept the payment methods made available by Stripe, which may include credit cards, debit cards, and other methods depending on your region. Payment is due immediately upon subscription activation and at the beginning of each subsequent billing period.

5.4 Automatic Renewal

Subscriptions renew automatically at the end of each billing period (monthly or as otherwise specified) at the then-current price, unless cancelled before the renewal date. You will be charged through your selected payment method on file.

5.5 Failed Payments

If a payment fails, we may retry the charge in accordance with Stripe's retry schedule. If payment cannot be collected after reasonable retry attempts, your subscription may be suspended or terminated. Access to paid features will be revoked upon subscription suspension. You remain responsible for any outstanding charges.

6.1 Withdrawal Right

If you are a consumer within the meaning of § 13 BGB (German Civil Code), you have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period expires 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from the contract by an unequivocal statement (e.g., an email sent to info[at]tranconsulting.de). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

6.2 Effects of Withdrawal

If you withdraw from the contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

6.3 Expiry of the Right of Withdrawal

The right of withdrawal expires prematurely if we have begun performance of the contract (i.e., provided access to paid features) with your express prior consent and your acknowledgment that you thereby lose your right of withdrawal upon complete performance of the contract pursuant to § 356(5) BGB. By activating a subscription and using paid features, you consent to immediate performance and acknowledge the resulting loss of the right of withdrawal.

8.1 Fictional Nature

All idols presented on KPOPPERS are entirely fictional AI-generated personas. They do not represent, depict, or impersonate any real individuals, whether living or deceased. Any resemblance to real persons is purely coincidental and unintentional. Names, appearances, personalities, biographies, and all other characteristics of AI idols are synthetically generated.

8.2 AI-Generated Output

All content on the Platform — including but not limited to text messages, chat responses, voice messages, voice call audio, ASMR content, music tracks, song lyrics, images, and fan fiction — is generated by artificial intelligence systems. AI-generated content is produced algorithmically and may contain inaccuracies, inconsistencies, or unexpected outputs.

8.3 No Guarantee of Quality

We make reasonable efforts to ensure the quality and appropriateness of AI-generated content, including content moderation and safety filters. However, we do not warrant that AI-generated content will be free from errors, offensive material, or content that may be perceived as inappropriate. The User acknowledges the inherent limitations of current AI technology.

8.4 No Personal Relationship

Interactions with AI idols are simulated entertainment experiences. AI idols do not have consciousness, emotions, or subjective experiences. No actual personal relationship exists between you and an AI idol. The Platform is designed for entertainment purposes only.

10.1 Ownership

The Platform, including its design, software, source code, AI models, AI-generated content, idol personas, music, images, text, audio, graphics, logos, and all other materials (collectively, "Platform Content"), is the property of Tran Consulting UG (haftungsbeschränkt) or its licensors and is protected by German and international copyright, trademark, and other intellectual property laws.

10.2 Limited License

Subject to your compliance with these Terms and payment of applicable subscription fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform and its content for your personal, non-commercial entertainment purposes only. This license does not include any right to modify, reproduce, distribute, publicly display, publicly perform, or create derivative works from the Platform Content.

10.3 User Content

By submitting content to the Platform (e.g., messages to AI idols), you grant us a non-exclusive, worldwide, royalty-free license to use, process, and store such content for the purpose of providing and improving the service. You retain ownership of any original content you create, but acknowledge that AI responses generated from your inputs are owned by us.

10.4 Trademarks

"KPOPPERS" and associated logos are trademarks of Tran Consulting UG (haftungsbeschränkt). You may not use our trademarks without our prior written consent.

12.1 Unlimited Liability

We are liable without limitation for damages caused by intentional misconduct (Vorsatz) or gross negligence (grobe Fahrlässigkeit) on our part or on the part of our legal representatives or vicarious agents (Erfüllungsgehilfen). We are also liable without limitation for damages resulting from injury to life, body, or health, and for claims under the German Product Liability Act (Produkthaftungsgesetz).

12.2 Breach of Material Obligations

In case of slight negligence (einfache Fahrlässigkeit), we are liable only for the breach of material contractual obligations (wesentliche Vertragspflichten / Kardinalpflichten), i.e., obligations the fulfillment of which is essential for the proper performance of the contract and on the compliance with which the User may regularly rely. In such cases, our liability is limited to the foreseeable, contract-typical damages (vertragstypisch vorhersehbare Schäden).

12.3 Exclusion of Further Liability

Beyond the cases set out in Sections 12.1 and 12.2, liability for slight negligence is excluded. In particular, we are not liable for indirect damages, consequential damages, lost profits, or loss of data, except as required by mandatory law.

12.4 Cap on Damages

Where our liability is limited to foreseeable, contract-typical damages, such liability shall in any event not exceed the total amount of subscription fees paid by the User in the twelve (12) months preceding the event giving rise to the claim, or EUR 500, whichever is higher.

12.5 AI Content Liability

We shall not be liable for the accuracy, completeness, or appropriateness of AI-generated content, except where we have acted with intentional misconduct or gross negligence. The User acknowledges that AI-generated content is produced algorithmically and may contain errors or unexpected outputs. Reliance on AI-generated content is at the User's own risk.

14.1 Termination by User

You may terminate your account and these Terms at any time by deleting your account through the Platform's account settings or by contacting us. Active subscriptions should be cancelled before account deletion. Account deletion is processed in accordance with our Privacy Policy.

14.2 Termination by Us

We may suspend or terminate your account and access to the Platform with immediate effect if you materially breach these Terms, in particular the acceptable use policy in Section 9. In cases of minor breaches, we will issue a warning and grant a reasonable period for remediation before termination. The right to extraordinary termination for good cause (§ 314 BGB) remains unaffected.

14.3 Effects of Termination

Upon termination, your right to access the Platform and any paid features ceases immediately. We will retain data as required by law (see our Privacy Policy for retention periods). Sections of these Terms that by their nature should survive termination (including but not limited to Sections 8, 10, 12, 13, and 17) shall survive termination.

17.1 Governing Law

These Terms and any disputes arising out of or in connection with them shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the country in which you have your habitual residence shall remain unaffected, provided they afford a higher level of protection.

17.2 Jurisdiction

If you are a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Hamburg, Germany. For consumers, the statutory provisions on jurisdiction apply, which generally provide for jurisdiction at the consumer's place of domicile.

17.3 Online Dispute Resolution

The European Commission provides an online dispute resolution (ODR) platform at ec.europa.eu/consumers/odr. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle) pursuant to § 36 VSBG.