2. The policy for providing online services
2.2. The Operator has the right to restrict the use of the Platform or to block a User if it deems that the User’s conduct or activity on the Platform would damage the Operator in any manner. In either situation, the User may refer to the designated representatives of the Operator in order to obtain information on the reasons that led to the application of the above-mentioned measures.
2.3. By giving consent, the User agrees that the Operator may store the User’s IP address to verify extensive use of the Platform.
2.5. The Operator is not and may not be held liable for any additional cost born by the User, including, but not limited to foreign exchange commissions applied by the issuing bank of his card. The responsibility for this action belongs solely to the User.
2.6. After 14 (fourteen) days from the acquisition of the Services provided by the Operator, the User will be requested to register a review concerning such services. The request will be transmitted to the e-mail address registered by the User in the Account.
3. Assignment and subcontracting
3.1. The Operator may assign and/or subcontract to a third party the performance of certain Services related to an Order placed by a User, with the prior information of the User, but without his consent. The Operator will always be responsible towards the User for all its contractual obligations.
4. Intellectual property rights
4.1. The Content, as defined in the preamble, including, but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Platform, represents the exclusive property of the Operator, to which all the rights directly or indirectly obtained for such purpose are reserved (through usage licenses and/or publication).
4.2. It is forbidden for the User to copy, distribute, publish, transfer to third parties, amend and/or otherwise alter, use, present, or include the Content in any other context except for the one originally intended by the Operator. The elimination of the symbols that represent the Operator’s copyright, as well as the transfer, sale, and distribution of any materials may be performed solely with the express written consent of the Operator.
5. Placing an Order and payment
5.1. In order to benefit from the Services provided by the Operator, the User must create an Account on the Platform and subsequently acquire the Credits necessary for the desired number of photos to be processed using the Platform.
5.2. Creation of multiple accounts for the same person is not allowed.
5.3. The fees applicable for the Services provided by the Operator are published on the Platform, are expressed in USD, and are exclusive of any taxes, including VAT, if applicable.
5.4. Changes to the fees published on the Platform shall take effect immediately.
5.5. The fees may be paid by the User using a bank card.
5.6. The User has the right to process photos (image files) in the amount equivalent to the credits acquired.
5.7. A photo (image file) is considered to have been processed when the User, after acquiring the necessary Credits, click the Download button.
6. Rights and obligations of the User
6.1. The User undertakes to refrain from any actions that endanger the functionality or operation of the software. In particular, the User is prohibited from carrying out any actions that scan or test weak points of the software, bypass security systems or access systems of the software, or integrate malware into the software.
6.4. By placing an Order of the Platform, the User confirms that he agrees with the performance by the Operator of the requested Services.
6.7. The User guarantees that he has all the necessary rights (such as copyright, ancillary copyright, industrial property rights, trademark rights) for processing the uploaded photos.
6.8. The use of the Platform by the User for the following purposes is strictly prohibited: research/development of artificial intelligence (in particular generation of training data), military use, pornography, gambling/betting, terrorism, creation of “fake news”. It is also forbidden for the Platform to be used by organizations that carry out, encourage or require unlawful violence or physical injury to persons or property, or carry out, encourage or require unlawful force against any group based on race, religion disability, gender, sexual orientation or national origin.
7. Warranty and liability
7.1. The Operator is not liable for the speed of the software, its availability, data loss, or the correctness of the results. However, the Operator will make all best efforts in order to make the Platform available to the User 98% of the time, calculated over one year. Availability is provided if the Platform can be accessed via an Internet connection that meets the system specifications.
7.3. By the creation and usage of the Account, the User shall take the overall responsibility for maintaining the confidentiality of the Account data (user and password) and for administering the Account and, to the extent allowed by the legislation currently in force, is responsible for the activity deployed through his Account.
8.3.2. if the User violates point 6.7 and 6.8 of these terms.
9. Force majeure
9.1. None of the parties will be held liable for the failure to comply with their incumbent contractual obligations if such failure is totally or partially caused by a force majeure event. The force majeure is the unpredictable event, which falls outside the control of the parties and which may not be avoided.
10. Confidentiality and data protection
10.1. Both parties will maintain the confidentiality of the information provided by the other party. The disclosure of the provided information will be performed solely under the conditions provided by this document.
11. Concluding provisions