General Terms and Conditions
Draft – have it reviewed by a lawyer before going live.
These General Terms and Conditions (hereinafter «GTC») govern the use of the online service Overclad.ai. Overclad.ai is a product of KIANEX GmbH, Sportstrasse 33, 2540 Grenchen, Switzerland (hereinafter «Kianex», «we» or «the provider»). By registering and using the service you accept these GTC.
1. Scope and contracting party
These GTC apply to all contracts and services between KIANEX GmbH as provider and contracting party and the users of Overclad.ai (hereinafter «user»). Deviating or supplementary terms of the user become part of the contract only if Kianex expressly agrees to them in writing.
The service is aimed at companies, self-employed persons and professional users (in particular architecture firms, planners, facade builders and material manufacturers) and not at consumers.
2. Description of services
Overclad.ai is an AI-assisted facade visualization tool. The user uploads a photo or a plan of their building and selects a material photo – either from a manufacturer catalogue or as their own image or screenshot. An artificial intelligence (Google Gemini image model) transfers the colour, texture and joint pattern of the selected material onto the building walls and generates a visualization image from it.
Limits of the service: The result is an AI-generated visualization for depiction and presentation purposes. It is expressly not a construction document. Kianex warrants no dimensional accuracy, no colour- or material-faithful reproduction, no technical correctness and no suitability as tender, planning or works-contract documentation. For the structural implementation, the original products, manufacturer specifications and professional reviews are always authoritative.
3. Registration and account
Use of the service requires the opening of an account. The user is obliged to provide truthful and complete information upon registration and to keep it up to date. For free use (free tier), registration with a business company email address is required.
The user is responsible for keeping their access data confidential and is liable for all activities carried out via their account. Any suspicion of misuse must be reported to Kianex without delay.
4. Coin system and billing
Use of the rendering function takes place via an internal credit system («coins»). Each image generation (render) consumes a number of coins indicated in the service.
- Subscription coins: Coins provided monthly under a subscription expire at the end of the respective billing period and are not carried over to the following period.
- Top-up coins: Additionally purchased coins (top-ups) do not expire and remain as long as the account is active.
- Free tier: Images generated on the free plan carry a watermark; output in 4K resolution is not available on the free tier.
Consumed coins are not refunded. In the order of consumption, subscription coins may be used with priority over top-up coins in order to avoid their expiry.
5. Prices and payment
The prices indicated in the service at the time of ordering apply. All prices are net in Swiss francs (CHF); any statutory taxes and levies are shown additionally where applicable.
Payment processing is handled by the external payment service provider Stripe. By paying, the user accepts the terms of the payment service provider where applicable. Kianex does not store complete credit card data.
Kianex reserves the right to adjust prices and the scope of services. Changes are communicated to the user with reasonable advance notice and apply to the billing period following the announcement. If the user does not object and continues to use the service, the changed prices are deemed accepted.
6. Term and cancellation
Subscriptions are concluded for the respective chosen term (e.g. monthly) and can be cancelled by the user at any time in their account, effective at the end of the current, already paid period. Access to the booked services remains until the end of that period.
In the event of cancellation during an ongoing billing period, there is no claim to a refund of fees already paid for that period. Kianex may block accounts in the event of serious or repeated breaches of these GTC after prior notice, or terminate the contractual relationship for good cause.
7. Rights of use and content
All content uploaded by the user (building photos, plans, material images) remains the property or under the rights ownership of the user. Kianex merely receives the right to process this content to the extent necessary to provide the service (see privacy policy).
The user warrants that they hold all necessary rights to the uploaded photos, plans and material images and that uploading and processing them does not infringe any third-party rights (in particular copyright, trademark or personality rights). The user indemnifies Kianex against all third-party claims arising from a breach of this warranty.
The user may use the visualization images generated by the service for their own projects, presentations and offers. Rights to the depicted original materials, brands and products of the respective manufacturers remain unaffected.
8. Sample request
Through the service, the user can request physical material samples from participating manufacturers. Kianex acts solely as an intermediary and is not a party to any contract on the delivery of samples that may come about. The respective manufacturers alone are responsible for the availability, shipping, quality and cost of the samples.
9. Availability and maintenance
Kianex strives for high availability of the service but owes no uninterrupted or one-hundred-percent availability. Access may be temporarily restricted or interrupted in particular due to maintenance work, technical faults, capacity bottlenecks or circumstances outside Kianex's control (including disruptions at third-party providers used). Foreseeable maintenance work is announced where possible.
10. Liability and limitation of liability
The AI results generated by the service are provided without warranty. Kianex assumes no warranty for the correctness, dimensional accuracy, colour or material fidelity, completeness or suitability of the visualizations for a particular purpose. The results do not replace professional planning, sampling or review.
To the extent legally permissible, Kianex is liable only for damage based on intent or gross negligence. Liability for slight negligence, for indirect damage, consequential damage, lost profit as well as for damage arising from the use of the results (for example in construction planning or tendering) is excluded to the extent legally permissible. Mandatory statutory liability provisions remain reserved.
11. Amendments to the GTC
Kianex reserves the right to amend these GTC at any time. Changes are communicated to the user in a suitable form (e.g. by email or a notice in the service) with a reasonable period. If the user continues to use the service after the changes take effect, the amended GTC are deemed accepted. The right to object is pointed out in the notification.
12. Final provisions
Should individual provisions of these GTC be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions remains unaffected (severability clause). The invalid provision is replaced by a rule that comes closest to what was economically intended.
This contractual relationship is governed exclusively by Swiss law, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from or in connection with this contractual relationship is – to the extent legally permissible – Grenchen, Canton of Solothurn (Switzerland).
Contact: info@kianex.ch