Warunki korzystania z usługi

These Terms of Service outline the rules for the provision of electronic services by 200IQ Labs PSA for the Qamera AI brand.

§ 1. Definitions

1. Service Provider – 200IQ LABS PROSTA SPÓŁKA AKCYJNA (200IQ Labs PSA), KRS: 0001224054, NIP: 5482775155, REGON: 543991705, Dr Michała Grażyńskiego 15, 43-450 Ustroń, Poland. Contact e-mail: przemyslaw.trybala@qamera.ai.
2. Client – a natural person conducting a business activity, a legal person, or an organizational unit without legal personality, who uses the Services.
3. Service – the website available at the address associated with the Qamera AI brand, through which the Service Provider provides the Services.
4. Service – the service of creating a Video or Promotional Video based on the Source Materials provided by the Client.
5. Source Materials – files and information provided by the Client (in particular photos) for the purpose of carrying out the Service.
6. Video – an HD video created from a single photo, consisting of 1–5 variants originating from the same photo.
7. Promotional Video (Story)– a video consisting of several scenes (typically 4–6), created by trimming individual "Videos" and assembling them into a single final file.
8. Works – all works within the meaning of the Act on Copyright and Related Rights, created as part of the Agreement, in particular Videos and Promotional Videos.
9. Agreement – an agreement for the provision of Services concluded between the Service Provider and the Client on the terms set out in these Regulations.
10. Content provenance markings – metadata and invisible watermarks indicating that content has been generated or modified by AI.

§ 2. General Provisions

1. These Regulations are an integral part of the Agreement concluded with the Client.
2. Commencement of the use of the Services is equivalent to the acceptance of the provisions of these Regulations.
3. The Service Provider provides services to entities that are not consumers within the meaning of the Civil Code.
4. Qamera AI is a generative artificial intelligence service. Photographs and videos are created in it using AI models, or are modified by them, on the basis of materials and preferences provided by the Client.

§ 3. Placing, Delivery, and Acceptance of Orders

1. Orders for Services are placed by the Client via e-mail to the address indicated in § 1.
2. The Service Provider confirms the acceptance of the order by e-mail, providing the planned delivery date.
3. The Service Provider delivers the finished Works via a link to the cloud in .mp4 format, sent to the Client by e-mail.
4. The Client accepts the Works by e-mail or by starting to use them in public communication.

§ 4. Copyright

1. Upon full payment of the remuneration, the Service Provider transfers to the Client, on an exclusive basis, without territorial and time limits, the author's economic rights to all Works, in the following fields of exploitation:
   • fixation and reproduction in whole or in part by any technique, including digital,
   • placing on the market, lending or renting copies,
   • public performance, exhibition, display, reproduction,
   • broadcasting and rebroadcasting (wired, wireless, satellite, internet),
   • making them publicly available in such a way that everyone can have access to them at a place and time chosen by them (including social networking sites, websites),
   • inclusion in an audiovisual work, combination with other works, use in compilations and promotional materials.
2. The transfer includes the right to exercise and authorize the exercise of derivative copyrights. The Service Provider authorizes the Client to decide on the attribution of authorship.
3. The Service Provider's tools, templates, presets and know-how are not part of the Works and remain its exclusive property.

§ 5. Client's Declarations

1. The Client declares that he/she has all the rights and required consents (including image rights) to the Source Materials provided to the Service Provider.
2. The Client bears full responsibility for the compliance of the provided Source Materials with the law.
3. By uploading a file depicting a natural person, the Client declares that they hold that person's consent to the use of their likeness to the extent covering the processing of the file in Qamera AI, including the removal of the likeness from the frame and the animation of the frame in the video path. Responsibility for holding that consent rests with the Client.

§ 6. Personal Data and Confidentiality

1. The principles of personal data processing are set out in the Privacy Policy, which is an integral part of these Regulations.
2. The Service Provider ensures that neither it nor its subcontractors use the Client's data to train or improve general-purpose AI models, or for any other purpose than the provision of the Service.
3. Any usage data (e.g. choice of variants, preferences) may only be processed for the purpose of personalizing and training solutions dedicated to the Client.

§ 7. Technological Subcontractors

1. The Service Provider uses technological subcontractors (e.g. Google Cloud, Hetzner, AI model providers) who act as processors.
2. The subcontractors process the data solely for the purpose of providing the Service and are obliged to delete it after the processing is complete, without the right to use it for their own purposes.

§ 8. Remuneration

1. The remuneration for the Services is determined on the basis of a price list or an individual valuation accepted by the Client.
2. Payment is made on the basis of a VAT invoice with a payment term of 30 days.
3. The remuneration for the transfer of copyright is included in the price of the Service.

§ 9. Duration and Termination

1. The Agreement is concluded for an indefinite period.
2. Each Party may terminate the Agreement with a 30-day notice period, effective at the end of the calendar month.
3. Termination requires a documentary form (e-mail) and does not affect orders already accepted for execution.

§ 10. Final Provisions

1. In matters not regulated, the provisions of Polish law shall apply.
2. Any disputes arising from the Agreement shall be settled by the court competent for the seat of the Service Provider.
3. The Service Provider reserves the right to amend the Regulations. It will inform the Clients of any changes by e-mail.

§ 11. Content Provenance Markings

1. Qamera AI preserves the content provenance markings present in files uploaded by the Client, where they are recorded in open standards and their preservation is technically feasible in the given processing operation.
2. Qamera AI does not offer, promote or advertise tools or features intended to remove or circumvent the content provenance markings of AI-generated content.
3. The Client may not knowingly remove, conceal or alter the content provenance markings embedded in files generated in Qamera AI, nor commission such actions from third parties. Standard publication operations, such as automatic file compression by a sales platform, do not breach this prohibition, provided that their purpose is not the removal of the markings.

§ 12. Acceptable Use and Reporting

1. The Client may not use Qamera AI to create content depicting an identifiable natural person without that person's consent, in particular content of an intimate or sexual nature, nor content depicting minors in such a character.
2. Where a breach of this prohibition is established, Qamera AI may apply the following measures: on a first breach, block access to the content and issue a warning; on a repeat breach, suspend the account until the matter is clarified; and on a gross breach, terminate the Agreement with immediate effect. Blocking of content takes place without delay and is independent of any further measures against the account.
3. Content depicting the sexual abuse of minors is reported to law enforcement authorities without delay.
4. Reports concerning a breach of the prohibitions described above, including reports from persons who are not Clients, are accepted at zgloszenia@qamera.ai and through the "Feedback" form in the application. We confirm receipt of a report within 5 business days and resolve it within 30 days.