Updated: 1 June 2026
These General Terms & Conditions, including the Privacy Policy (“GTC”) set out the terms of the contractual relationship (“Agreement”) between PlayAI GmbH, a company with limited liability under the laws of Germany, having its registered office at Friedenheimer Brücke 20, 80639 Munich, Germany, registered with the commercial register (Handelsregister) of the local court of Munich under number HRB 293879, (“PlayAI”) and their clients (“Clients”, each a “Client”) (PlayAI and any Client collectively the “Parties” or each a “Party”). The GTC may be subject to any Additional Terms (see Clause 1.7).
PlayAI is an innovative AI company operating a cloud-based creative platform (“PlayAI Creative Studio”), particularly for the sports industry, enabling Clients to create, localise, edit, generate and commercialise AI-powered media content, including Digital Twin videos, dubbed audiovisual content and AI-generated or AI-edited images.
For the purposes of these GTC, Client means exclusively entrepreneurs within the meaning of Section 14 BGB (German Civil Code), legal entities under public law, or special funds under public law (collectively, “Clients”).
Consumers within the meaning of Section 13 BGB (German Civil Code) are excluded from entering into agreements under these GTC.
The PlayAI Creative Studio consists of:
The content created, generated, edited, localised or otherwise produced through the PlayAI Creative Studio (collectively, “Content”) may be made available by PlayAI for download, export, storage, transmission and system integration, including through APIs or other technical interfaces, enabling the Client to use, publish, distribute and otherwise exploit such Content through its own systems or authorised third-party systems.
By completing the online registration and subscription process, the Client confirms that:
PlayAI reserves the right to reject, suspend or terminate registrations if there are reasonable grounds to believe that the Client does not qualify as an entrepreneur within the meaning of Section 14 BGB (German Civil Code).
The PlayAI Platform (“PlayAI Platform”) means the underlying technical, AI, hosting, infrastructure, API, integration, processing, storage, rights management and related systems, technologies and services operated by or on behalf of PlayAI, including the PlayAI Creative Studio and any associated tools, interfaces, models, modules or infrastructure components.
The Client’s AI Digital Twin(s) (“Client Digital Twin(s)”) are created by PlayAI on behalf of and in collaboration with the Client based on PlayAI’s AI digital twin software (“PlayAI Digital Twin Software”) and are hosted within the PlayAI Creative Studio and the underlying PlayAI Platform.
Credits (“Credits”) means the usage-based consumption units used within the PlayAI Creative Studio for access to and use of certain functionalities, services, AI generation processes, localisation features, editing tools or other platform capabilities, as determined by PlayAI from time to time.
The creation and distribution of Content allow Client to increase their Customer base (including registered users and share of fan wallet) and their brand awareness, also in new markets and younger target groups. The use of the PlayAI Creative Studio may also support the independence of Client and its communication and marketing departments from the physical availability of Talents (in the meaning of Clause 2.1) for marketing and communication campaigns. Finally, the use of the PlayAI Creative Studio may position the Client as a technology leader providing one-of-a-kind experiences to its Customer(s).
These GTC may be supplemented by additional terms (“Additional Terms”) agreed in writing between the Parties.
The current version of these GTC (including both General Terms and Conditions and Privacy Policy) is available on the PlayAI website at www.playai.co and may be amended from time to time.
PlayAI may create the Digital Twin(s) on behalf of the Client. Client Digital Twin(s) may be created from athletes, players, coaches, (club) legends, ambassadors, talents, creators, presenters or other individuals designated by the Client (“Talents”). The Client represents and warrants that it holds all necessary AI NIL Rights (as defined in Clause 3.1) and other required rights, permissions and consents in respect of each Talent whose data, likeness, voice, image or other characteristics are used for the creation of Client Digital Twin(s).
The number of Client Digital Twin(s) shall depend on the subscription package selected by the Client or any additional purchases made through the PlayAI Creative Studio.
The Client Digital Twin(s) will be created by PlayAI in a personal session by reading in the personal data and characteristics of one or more Talents into PlayAI’s Digital Twin Software (see Clause 4 (Creation of the Client Digital Twin(s)).
On behalf of Client, PlayAI will (i) create an account for the Client within the PlayAI Creative Studio (“Client Account”, see Clause 5 (Creation of Client Account)) and (ii) integrate the Client Digital Twin(s) on the specific Client Account. PlayAI will support Client to manage the Client Account and the Client Digital Twin(s) within the PlayAI Creative Studio through the agreed support channels and software tools.
If agreed, PlayAI may support the Client in connecting the PlayAI Creative Studio with third-party CRM systems, marketing systems, content management systems, sponsorship platforms, customer engagement systems or similar systems operated by or on behalf of the Client.
Subject to these GTC and the selected subscription package, PlayAI grants the Client during the Term a non-exclusive, non-transferable, revocable license to access and use the PlayAI Creative Studio.
Notwithstanding any other provision of these GTC, and subject to prior written approval (or as technically enabled) by PlayAI, the Client, upon request, be granted access to individual components of the Client Digital Twin(s), including but not limited to the voice, likeness, image, gestures or other separate features, for independent use ("Partial Use"). The scope and conditions of any Partial Use, including any additional consideration or licensing terms, shall be agreed by the Parties in writing or as specified by PlayAI in the PlayAI Creative Studio. Any such Partial Use shall comply with all applicable rights, restrictions and obligations under these GTC.
PlayAI offers different subscription packages for the PlayAI Creative Studio, which may include varying access rights, functionalities, Credits and numbers of Client Digital Twin(s), as further described during the ordering process and in Clause 7.
The Client shall ensure access to the Talent(s) for whom Client Digital Twin(s) are to be created (see Clause 4) and shall be solely responsible for the creation, use and distribution of Content through the PlayAI Creative Studio in its sole discretion.
The Client warrants that it has secured and shall maintain all necessary rights, permissions, consents and approvals (including but not limited to personal rights, AI NIL Rights, intellectual property rights and data protection permissions) from each Talent or other individual whose data, likeness, image, voice or other characteristics are processed in connection with:
The Client further warrants that it owns or otherwise controls all rights in any videos, audio files, photographs, likenesses, trademarks, designs or other materials uploaded to the PlayAI Creative Studio, and that all necessary rights, permissions and consents for AI dubbing, translation, image editing, visual transformation, Digital Twin creation, use and distribution have been obtained.
The Client shall be liable for, and shall indemnify and hold harmless PlayAI against, any infringement of personal rights, AI NIL Rights, intellectual property rights, data protection rights or other third-party rights arising out of or in connection with:
For the avoidance of doubt, the Client remains solely responsible for compliance with all applicable laws relating to the creation, use, publication and distribution of Content.
The Client shall warrant towards PlayAI that only users authorized by Client get access to any PlayAI Creative Studio password (see Clause 5.3 and 5.5) and can use the Client Account. The Client is liable for all acts and omissions of unauthorized users on or through his Client Account (Clauses 13 (Liability) and 14 (Indemnification)).
The Client shall not use the PlayAI Creative Studio to create, upload, generate, distribute or otherwise process unlawful, misleading, defamatory, discriminatory, pornographic, infringing or otherwise prohibited content.
Depending on the subscription package selected by the Client or as otherwise agreed in writing, the Client Digital Twin(s) may either (i) be created by the Clients themselves on the basis of detailed technical and procedural instructions provided by PlayAI, or (ii) be created by PlayAI.
Where PlayAI performs the creation, the Parties will coordinate the date and location for the reading-in process of the Talents’ personal data and characteristics (including images, mimic, voice and likenesses). The reading-in process will be conducted by trained PlayAI staff. The Parties shall determine the specific date and location of the reading-in session by mutual consultation, acting in good faith and ensuring the scheduling and conduct of the session is reasonable and practicable for both sides.
Where PlayAI conducts the reading-in, the process will last approximately fifteen (15) minutes per Talent/Client Digital Twin(s) and consists of filming the Talents in different positions and actions (e.g., speaking, laughing, and performing natural gestures) in accordance with PlayAI’s capture specifications. The Client Digital Twin(s) will be generated by PlayAI’s Digital Twin Software and hosted securely on the PlayAI Platform within the Client Account.
Following the creation process, whether performed by the Client based on PlayAI’s instructions or by PlayAI directly, the Client Digital Twin(s) will be generated using PlayAI’s Digital Twin Software and will be securely hosted on the PlayAI Platform within the Client´s Client Account.
After the creation of one or more Client Digital Twin(s), PlayAI will set up a Client Account comprising of Client data (Name), that is related to the respective Client’s organization and where the Client Digital Twin(s) are made available. A Client Account is accessible to one or more individuals acting on behalf of the Client by using the PlayAI Creative Studio (collectively “Users”, each a “User”).
(Designated) Users for this Client Account will be invited via email to create their own user account, which will be associated to the Client Account.
The User shall create their own password and accept these GTC for the purpose of usage of the PlayAI Creative Studio.
Additional Users can be invited to the Client Account through the PlayAI Creative Studio.
The Client shall ensure that no unauthorized person gains access to any password for the PlayAI Creative Studio. The Client must accept full responsibility and liability for the actions of any User using the Client’s Client Account. PlayAI’s right to deactivate, block or delete the Client Account as set forth in Clause 6.4, remains unaffected.
PlayAI shall use commercially reasonable efforts to provide access to the PlayAI Creative Studio on a 24/7 basis throughout the term of the Agreement (see Clause 8 (Term and Termination)). However, the Client acknowledges that continuous, uninterrupted access cannot be guaranteed, and temporary interruptions may occur due to scheduled maintenance, system upgrades, emergency repairs, force majeure events, or other circumstances beyond PlayAI’s reasonable control.
PlayAI shall make reasonable efforts to schedule planned maintenance outside of peak usage hours and to inform the Client of any expected downtime in advance whenever reasonably possible.
To the fullest extent permitted by applicable law, PlayAI shall not be liable for any damages, direct or indirect, resulting from the temporary non-availability or reduced functionality of the PlayAI Creative Studio, including but not limited to lost profits or data loss, nor shall any such unavailability relieve the Client from its payment obligations under the Agreement.
PlayAI reserves the right to issue warnings and/or directives to Client and/or to deactivate, block, or delete a Client Account(s) in case of any unauthorized use or use which is not in accordance with the GTC.
PlayAI cannot verify the correctness and completeness of the information and data (including the Client Profile and the Customer Data). PlayAI, hence, is not liable for any incorrectness or incompleteness of such data.
The PlayAI Creative Studio enables the Client to create, edit, localise, generate and adapt Content, including videos, dubbed audiovisual works, still images, image variations, Digital Twin outputs and other AI-generated or AI-modified media. Subject to these GTC, the Client may:
PlayAI has no control over, and assumes no responsibility for, the subsequent use, distribution, modification, targeting, personalisation or publication of Content once such Content has been exported, downloaded, transferred or integrated into third-party systems.
The use of the PlayAI Creative Studio is always subject to applicable law.
AI-generated outputs may contain inaccuracies, translation deviations, visual artefacts or other unintended results. PlayAI does not warrant that generated outputs are factually correct, culturally appropriate, legally compliant or fit for a particular purpose. The Client remains solely responsible for final review prior to publication.
Access to and use of the PlayAI Creative Studio shall be subject to the subscription package selected by the Client and the corresponding fees communicated during the checkout or ordering process.
PlayAI currently offers the following subscription packages:
a. Trial Package
b. Standard Package
c. Pro Package
d. Additional Client Digital Twin(s)
Additional Client Digital Twin(s) may be purchased for EUR 500 per Client Digital Twin per contractual year plus applicable VAT.
Credits may be used for functionalities and services available within the PlayAI Creative Studio, including but not limited to video generation, AI dubbing, localisation, image generation, image editing, personalisation and related AI-powered content creation services.
Additional credits may be purchased by the Client subject to the following conditions:
Unless otherwise agreed in writing, unused credits shall expire upon expiry or termination of the applicable subscription term and shall not be transferable, refundable or redeemable for cash.
Following conclusion of the Agreement, PlayAI shall issue an invoice to the Client for all applicable subscription fees, additional Client Digital Twin fees, credit purchases and other agreed charges.
Unless otherwise agreed in writing, invoices are payable within fourteen (14) days from the invoice date without deduction by bank transfer to the bank account specified in the relevant invoice.
All amounts stated under these GTC are exclusive of applicable VAT and other applicable taxes, duties or governmental charges, which shall be borne by the Client.
In the event of late payment, PlayAI reserves the right to:
The Client may only offset claims against undisputed or finally adjudicated claims.
Unless expressly stated otherwise in these GTC or required by mandatory law, all fees paid under this Agreement are non-refundable.
The Agreement is concluded when:
Following conclusion of the Agreement, PlayAI shall send an electronic order confirmation containing the essential contractual details.
The Trial Package automatically expires after fourteen (14) days unless upgraded by the Client. Paid subscriptions run for an initial term of twelve (12) months and automatically renew for successive twelve (12) month periods unless terminated in writing at least two (2) months before expiry.
Each Party may terminate the respective Agreement extraordinarily with immediate effect by giving written notice to the other Party if:
The right of PlayAI to deactivate, block, or delete the Client Account(s) as per Clause 6.4 remains unaffected.
After termination of the Agreement, the License ends and Client shall cease to use any rights granted or the PlayAI Creative Studio, the Client Digital Twin(s) or the Content. The relevant Client Account including the Client’s profile and the Client´s Digital Twin(s) will be deleted by PlayAI following termination of the Agreement.
Upon termination of this Agreement, all Credits acquired by the Client shall be deleted and shall no longer be usable by the Client. A refund of the monetary value of unused Credits is excluded. This shall not apply if the Agreement is continued between the Parties beyond the Initial Term.
Notwithstanding the non-transferable nature of the License granted under Clause 2.5, PlayAI may, subject to the prior express approval of the Client in each individual case, enter into a separate usage agreement (“Usage Agreement”) with a third party that:
(any such agreement in the meaning of this Clause 9.1(a) and (b), a “Partnership Agreement”), allowing such third party (“Permitted Third Party”) to access and use the relevant Client Digital Twin(s) and create, edit, localise, generate and distribute related Content through the PlayAI Creative Studio, subject always to the consideration model set out in Clause 7.
Any approval in the meaning of Clause 9.1 must be submitted in writing (email sufficient) by way of a letter agreement including:
A respective approval process may be made available through the PlayAI Creative Studio or otherwise provided by PlayAI.
Upon the Client’s approval, PlayAI will create a PlayAI Creative Studio account for the Permitted Third Party and provide such account with access to the selected Client Digital Twin(s). Clause 5 shall apply accordingly to the creation and management of such account.
Upon activation of the account and acceptance of these GTC, the Permitted Third Party shall be entitled to use the Client Digital Twin(s) solely through the PlayAI Creative Studio for the creation, editing, localisation, generation and distribution of Content, and only in accordance with the usage rights, restrictions and conditions applicable to the Client under these GTC, including payment obligations under Clause 7.
Any use of the PlayAI Creative Studio by a Permitted Third Party under this Clause 9, including the creation, editing and distribution of Content using the Client Digital Twin(s), shall be subject to the same consideration model and payment obligations set out in Clause 7.
Unless otherwise agreed in writing, the Permitted Third Party shall assume all corresponding fees and charges for such use of the PlayAI Creative Studio.
If the Client, a Permitted Third Party, or any other authorised party uses, exploits or makes commercially available the Client Digital Twin(s), the underlying AI model, or any component thereof (including but not limited to voice clone, likeness model, motion model or personality layer) outside the PlayAI Creative Studio or outside technically enabled or contractually authorised use cases within the PlayAI Platform, PlayAI shall receive a revenue share between five percent (5%) and ten percent (10%) of the net value of such AI endorsement, licensing or commercial arrangement, as agreed separately in writing between the Parties.
If the attributable contract value for external use of the Client Digital Twin(s) or related AI components is unreasonably low, not separately specified, or otherwise structured to avoid or reduce PlayAI’s revenue share, the revenue share shall be calculated on the fair market (arm’s-length) value of such rights. PlayAI may request reasonable information and documentation necessary to verify the basis for the determined contract value.
PlayAI is under no obligation to verify or monitor the relationship between the Client and any Permitted Third Party, nor to review or obtain additional approval from the Client regarding the terms or performance of any agreement concluded between PlayAI and a Permitted Third Party.
All arrangements between the Client and the Permitted Third Party, including without limitation the scope, commercial terms, Content restrictions or compliance, are the sole responsibility of those parties.
Notwithstanding any other provision of these GTC, the Client shall indemnify and hold harmless PlayAI from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with the use of the Client Digital Twin(s) and any related Content by any Permitted Third Party.
For the avoidance of doubt, PlayAI shall bear no responsibility or liability whatsoever for any acts or omissions of any Permitted Third Party, including, without limitation, with respect to the duration, manner, nature, purpose or scope of any use of the Client Digital Twin(s) or related Content by any Permitted Third Party, or for any modifications, personalisations, misuses, unlawful, defamatory, fraudulent, infringing or otherwise objectionable acts or uses carried out by a Permitted Third Party.
For the avoidance of doubt, the License granted to the Client under these GTC remains non-transferable, and no rights or licenses under this Agreement may be assigned, novated or sublicensed by the Client to any third party except as expressly permitted under this Clause 9.
The foregoing Clauses 9.1 to 9.9 shall apply likewise where an individual whose Client Digital Twin was created on behalf of a Client wishes to permit use by a Permitted Third Party, provided the relevant Client has granted its approval.
The warranty and indemnification obligations pursuant to Clause 3.1 shall remain unaffected.
To the extent PlayAI processes personal data on behalf of the Client in connection with the services under this Agreement, the Client acts as controller pursuant to Art. 4(7) GDPR and PlayAI acts as processor pursuant to Art. 4(8) GDPR.
PlayAI shall process personal data solely on documented instructions from the Client and in accordance with applicable data protection law.
Where required by applicable law, the Parties shall enter into a separate data processing agreement pursuant to Art. 28 GDPR.
The Client shall ensure that any processing of personal data carried out in connection with the PlayAI Creative Studio complies with applicable law, including the GDPR, and that all required notices, legal bases, consents and permissions have been obtained.
The Client is further responsible for ensuring that personal data is:
The Client is further responsible for:
To the extent PlayAI processes personal data for its own business purposes, including account administration, billing, platform security, support services, fraud prevention, analytics, legal compliance or enforcement of contractual rights, PlayAI acts as an independent controller pursuant to Art. 4(7) GDPR.
The Client acknowledges that uploaded source materials and related personal data may be temporarily processed by PlayAI and its approved AI infrastructure, hosting and processing providers solely for generating requested outputs and providing the contracted services.
The Client further acknowledges that personal data may be processed in countries outside the European Economic Area subject to appropriate safeguards under applicable data protection law.
All intellectual property rights to and in the PlayAI Content Software, the PlayAI Digital Twin Software, the PlayAI Platform, the PlayAI Creative Studio and - subject to the personal rights of Talents - in the Client Digital Twin(s) remain exclusively with PlayAI or its licensors. Client is granted a non-exclusive, non-transferable License as per Clause 2.5.
The Client warrants that it holds all necessary copyrights and other intellectual property rights for any data, images, text messages, or other materials it uploads on the PlayAI Creative Studio and is authorized by Talents to create Client Digital Twin(s) and use and distribute Client Content in accordance with this Agreement.
Each Party shall comply with all applicable obligations and requirements of the EU Artificial Intelligence Act (“AI Act”) as may be amended from time to time, provided the relevant provisions of the AI Act enters into force and places specific obligations on the Parties.
The Parties acknowledge that the transparency and labelling obligations for synthetic content generated or manipulated by AI systems, as set forth in Article 50 of the AI Act, including but not limited to the requirements to ensure machine-readable and/or human-readable marking that content has been artificially generated or manipulated, shall become binding and fully enforceable as of 2 August 2026 (or any later date as determined by applicable law or regulation).
Until such date, the Parties shall use reasonable efforts, in accordance with prevailing industry standards, to inform Customers, whenever Content provided via the PlayAI Platform (including but not limited to Client Digital Twin(s), voice, text, video, or images) is artificially generated or manipulated.
PlayAI shall implement and maintain technical functionalities in the PlayAI Platform, the PlayAI Digital Twin Software, and the PlayAI Content Software as reasonably necessary to enable compliance with Article 50 of the AI Act. The Client and any Permitted Third Party (see Clause 9) shall ensure, when distributing or publishing Content, that such Content is appropriately labelled in accordance with the requirements of applicable law, and shall not intentionally remove, obscure or tamper with such labelling.
To the extent that the PlayAI Platform, PlayAI Digital Twin Software or PlayAI Content Software qualify as a general purpose AI model or a high-risk AI system within the meaning of the AI Act, PlayAI and Client undertake to cooperate in good faith to fulfil any further applicable obligations, including but not limited to technical documentation, risk management, transparency, and registration.
The Client and any Permitted Third Party remain responsible for compliance with any obligations under the AI Act that specifically apply to Client’s use or distribution of the Client Digital Twin(s) or related Content. This includes ensuring that social media users and/or Customers are informed where applicable, and that any disclaimers or labelling required by the AI Act are appropriately included.
The Client shall ensure that AI-generated or AI-modified content is labelled where required by applicable law, platform rules, advertising regulations or other mandatory compliance obligations.
PlayAI shall be liable without limitation for damages arising from (i) intent or gross negligence, (ii) injury to life, body or health, and (iii) any other liability that cannot be legally excluded under applicable law.
In cases of slight negligence, PlayAI shall only be liable for the breach of essential contractual obligations (cardinal obligations), i.e. those obligations the fulfilment of which is essential for the due performance of the Agreement and the observance of which the Client regularly relies on and may rely on. In such cases, PlayAI’s liability shall be limited to foreseeable damages typically arising under this Agreement at the time of the conclusion of the Agreement.
PlayAI disclaims any liability for indirect or consequential damages, including but not limited to loss of profit, loss of data, business interruption, or reputational harm, except where such liability cannot be excluded under mandatory law.
Client remains solely responsible for the creation, use, publication, distribution and other exploitation of Client Digital Twin(s) and related Content, including ensuring that all necessary personal rights, AI NIL Rights and other permissions (including with respect to name, image, likeness, mimic, voice, data and related rights of Talents or other individuals) have been properly obtained, and for compliance with all applicable laws relating to the creation, use and distribution of Content as set out in Clauses 3, 6 and 11 of these GTC.
PlayAI shall have no liability for the creation, use, publication, distribution or other exploitation of Client Digital Twin(s) or related Content by the Client or any unauthorised third party using the Client’s access credentials.
In particular, and to the fullest extent permitted by applicable law, PlayAI shall not be liable for:
Nothing in these GTC shall exclude or limit PlayAI’s liability in cases where liability cannot be excluded or limited pursuant to applicable law.
The limitations of liability set forth in this Clause 13 shall apply to the same extent for the benefit of PlayAI’s affiliated companies, legal representatives, employees, and other vicarious agents.
Client shall indemnify, defend, and hold harmless PlayAI, its affiliates, directors, officers, employees, and agents from and against all third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
In the event of any action or claim for which indemnification is sought, PlayAI shall promptly notify the Client in writing thereof and provide the Client with reasonable assistance, at the Client’s expense, in defending against such claims.
The indemnification set forth in this Clause 14 shall apply to the same extent for the benefit of PlayAI’s affiliated companies, legal representatives, employees, and other vicarious agents.
Entire Agreement
These GTC, including any referenced annexes and Additional Terms, constitute the entire Agreement between the Parties with respect to the subject matter hereof and supersede any prior agreement or arrangement between the Parties, whether oral or in writing.
Written Form
No amendments or modifications to these GTC shall be valid unless made in writing and signed by both Parties. This also applies to the requirement of the written form.
Severability
If any provision of these GTC is held invalid or unenforceable by a competent court, such provision shall be deemed modified to the minimal extent necessary to make it valid and enforceable. If it cannot be modified, it shall be deemed deleted, and the remaining provisions shall continue in full force and effect.
No Assignment
Neither Party may assign or transfer any of its rights or obligations under these GTC without the prior written consent of the other Party.
Governing Law and Jurisdiction
These GTC and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict of law rules. The exclusive place of jurisdiction for any disputes arising under or in connection with these GTC shall be the courts in the city where PlayAI has its registered office (Munich), provided applicable law does not mandate otherwise.