Terms and Conditions

These General Terms and Conditions (the “Terms”) govern the contract between you and Alexa Wagner, the sole proprietor operating ThumbnailsMaker (“we”, “us”), for the use of the ThumbnailsMaker website, web application and related services (together, the “Service”) at thumbnailsmaker.com. Our full contact and identification details are set out in the Imprint.

1. Subject matter

ThumbnailsMaker is a packaging tool for video creators. From a short brief and your own supplied assets, the Service composes a small set of hook-differentiated thumbnail options that you can review, refine and publish to a YouTube video as a draft. The specific functions and limits of each plan are described on our website at the time you subscribe and form part of the contract.

2. Conclusion of contract

The presentation of the Service on our website does not constitute a binding offer. By registering an account and selecting a plan you submit a binding offer to conclude a contract; the contract is formed when we confirm your registration or subscription, or when we first provide the corresponding access. The contract language is English.

3. Registration and account

• You must provide accurate and complete details on registration and keep them up to date. You must be legally competent to enter into a contract.
• You are responsible for keeping your access credentials confidential and for all activity carried out through your account. Notify us without undue delay at support@thumbnailsmaker.com if you suspect unauthorised use.

4. Plans, prices and payment

• The Service is offered on free and paid subscription plans. Prices and the features of each plan are those stated on our website when you subscribe. Unless indicated otherwise, prices are inclusive of any applicable statutory VAT.
• Paid plans are billed in advance for the chosen billing period (e.g. monthly or yearly). Payments are processed by our payment service provider, Stripe; we do not store full card details.
• Subscriptions renew automatically for a further period of the same length unless cancelled before the end of the current period (see section 6).
• We may adjust prices for future billing periods. We will notify you of any price change in text form in good time before it takes effect; if you do not agree, you may cancel the subscription with effect from the date the change would take effect.

5. Right of withdrawal and refunds

If you are a consumer, you have a statutory right of withdrawal. In addition, we voluntarily offer a 15-day money-back guarantee on a first subscription. Both are described, together with the withdrawal instructions and the model withdrawal form, on our Refund Policy page.

6. Term, cancellation and termination

• You can cancel a paid subscription at any time from your account settings, without giving reasons and without completing any retention form. Cancellation takes effect at the end of the current paid billing period; where a refund applies under the Refund Policy, access ends when the refund is issued.
• The right of both parties to terminate for good cause remains unaffected. We may suspend or terminate your access for good cause, including a material or repeated breach of these Terms.

7. YouTube and Google integration

Where you choose to connect a YouTube channel, the Service uses the YouTube API Services. By using these features you also agree to the YouTube Terms of Service and acknowledge the Google Privacy Policy. You authorise us to access the Google/YouTube data necessary to provide the features you use, and you may disconnect your channel and revoke that access at any time in your account settings or via your Google Account permissions. How we handle this data is described in our Privacy Policy.

8. Acceptable use

You agree to use the Service in accordance with applicable law and not to:

• upload or publish content that infringes third-party rights or is otherwise unlawful, or for which you do not hold the necessary rights;
• interfere with, overload or attempt to gain unauthorised access to the Service or its underlying systems, or reverse engineer it except to the extent permitted by mandatory law;
• use the Service to breach the terms of any connected platform, including YouTube.

9. Rights to content and intellectual property

• You retain all rights to the assets you supply and to the thumbnails you produce and publish with the Service. You grant us only the limited, revocable rights needed to host and process your content in order to provide the Service.
• All rights in the Service itself — the software, design, trademarks and our editorial content — remain with us or our licensors. Nothing in these Terms transfers those rights to you beyond the right to use the Service as agreed.

10. Availability

We aim to keep the Service available but do not warrant uninterrupted or error-free operation. Maintenance, and disruptions outside our reasonable control, may temporarily limit availability.

11. Warranty

The statutory warranty rules apply to paid services. Nothing in these Terms limits your mandatory statutory rights as a consumer.

12. Liability

We are liable without limitation for damages arising from injury to life, body or health, in cases of intent or gross negligence, for the absence of a warranted characteristic, and under the German Product Liability Act (Produkthaftungsgesetz). In cases of slight negligence we are liable only for the breach of an essential contractual obligation (a “cardinal obligation” — one whose fulfilment makes the proper performance of the contract possible and on whose observance you may regularly rely), and in that case only for the foreseeable damage typical for this type of contract. Any further liability is excluded.

13. Changes to these Terms

We may amend these Terms where there is a valid reason, for example to reflect changes in the Service or the law. We will notify you of material changes in text form at least 30 days before they take effect. If you do not object within that period, the changes are deemed accepted; we will point out this consequence in the notice. If you object, we may terminate the contract with effect from the date the changes would take effect.

14. Governing law and jurisdiction

These Terms and the contract are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of your country of habitual residence. If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the operator’s registered seat in Germany.

15. Final provisions

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions is unaffected. For questions about these Terms, contact us at support@thumbnailsmaker.com.