- In accordance with this Agreement, Sergei Kinenbayev (hereinafter referred to as the "Contractor"), who is a payer of the Professional Income Tax, provides the person who has confirmed his consent to the conclusion of the present Agreement (hereinafter referred to as the "Customer"), services consisting in AI-powered image generation based on the graphic materials provided by the Customer, as well as in accordance with the criteria specified by the Customer (hereinafter referred to as the "Services").
- The Contractor and the Customer have a common and complete understanding that this Agreement, by its legal nature, is an agreement on a "Work made for hire", while Contractor is not the direct author of the created images, initially having the exclusive right in relation to them as audio-visual displays generated by a computer program, the exclusive right to which belongs to the Contractor.
- This Agreement is an agreement with execution on demand (which can be declared within 24 hours from the moment payment is made), extending to the generation of images (each of which shall be available for subsequent one-time download by the Customer [into the device used by Customer for accessing the Service] during 14 days, including the day of generation) in the amount determined according to the tariff chosen by the Customer.
- The exclusive right to use the image generated during the provision of the Services belongs to the Customer, while the Contractor reserves the right to use such a result for its own needs (in particular, as an example of the operation of the program, used to generate the image) under a royalty-free simple (non-exclusive) license for the duration of the exclusive right. The Customer hereby permits the Contractor to use his image for the above purposes.
- The Parties agree that clause 4 of this Agreement does not apply to images generated during the provision of the Services, if they contain any of the materials listed in clause 8 of this Agreement. This means, in particular, that the Customer is not entitled to place such an image on the Internet.
- The remuneration for the Services to be rendered, determined in accordance with the tariff chosen by the Customer, also includes the remuneration for the alienable exclusive right to the generated image (constituting 5% of the total cost of the Service). In the case provided for in clause 5 of this Agreement, the remuneration for the provision of the Services is the entire amount.
- The Contractor undertakes to delete the personal data provided by the Customer immediately after the provision of the Service (i.e. the achievement of the purposes of processing) and not to store them. However, the Customer always has the opportunity to separately revoke consent to the processing of personal data by sending a corresponding request to the e-mail address dpo@_____. Taking into account the foregoing, the Customer, in order to ensure the possibility of providing the Services, hereby allows the Contractor to process the personal data provided by him, including the direct collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction. If the Customer intends to use the Services for the purpose of generating an image based on a photograph containing the Customer’s own image, failure to grant permission to process the biometric personal data contained in the image (as well as failure to provide such) will result in the impossibility of providing the Services due to the fault of the Customer. By entering into this Agreement, the Customer undertakes to refrain from providing the Contractor with personal data of any third parties. In case of failure to fulfill the above obligation, the Customer undertakes to compensate the Contractor for any losses that may arise on his side as a result of such failure.
- When formulating a request that defines the criteria for the image to be generated, the Customer undertakes to refrain from using any words, phrases, and graphic materials that:
- can be regarded as political extremism of any kind, as well as propaganda of ideas of discrimination against any subjects on any basis (religious, political, class, racial, ethnic, gender, age, professional, etc.);
- are quotations from texts of a religious or political nature, images of any religious or political symbols (logos of parties, political movements, etc.);
- can be regarded as inducing aggression (including auto-aggression, self-mutilation and suicide), as well as provoking panic or other socially dangerous or illegal behavior;
- contain images/descriptions of violence or cruelty (including against animals);
- may be regarded as discrediting the symbols or national currency of any state (regardless of the fact of its international recognition) or a state entity;
- allow assuming (as well as asserting) that the Customer (as well as any other person whose image is contained in the graphic materials) is in a state of alcoholic or drug intoxication;
- are an image / description of tobacco products, alcohol, narcotic and psychotropic drugs, as well as tools and devices intended for their use;
- is an image of a completely nudity or an offer to provide such images;
- contain information of a pornographic nature (i.e. a naturalistic image or textual description of the human genital organs [if they are the main object of the image/description] and (or) sexual intercourse or an act of a sexual nature comparable to sexual intercourse, including such an act committed in in relation to the animal).
- Should the Customer fail to comply with the terms of clause 8 of this Agreement, the Contractor shall have the right to refrain from providing the Service. Considering that the Customer is hereby notified of the unacceptability for the Contractor of any content containing the materials listed in paragraph above, such a case will be considered as a case of impossibility to provide the Services due to the fault of the Customer.
- Providing for the formulation and implementation of the request any graphic materials, the Customer, hereby, guaranteeing that he has the necessary authority for this, provides the Contractor on the terms of a non-exclusive royalty-free license, for implementation during the period specified in clause 3 of this Agreement, the right to the use of such materials through reproduction and processing for the purposes of providing the Services. Should any amounts be recovered from the Contractor as compensation (as well as damages) for the illegal use of objects of exclusive rights of third parties (which is the result of the Customer’s lack of appropriate powers or the possibility of their further provision), the Customer undertakes to fully compensate the Contractor for losses conditioned by such a charge.
- The Customer hereby confirms that he has reached the legal age of majority in the country, state or province of his residence (which, for purposes of this Agreement, is 16 for citizens of EU and 18 for citizens of other countries). If this is not the case, this Agreement is not considered concluded and the Contractor asks to refrain from using the Services. Otherwise, any harm received during the use of the Services will be considered as arising from the Customer`s own intent.
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