Terms & Conditions with respect to ModifAI Services via the User Interface (website)These Terms & Conditions with respect to ModifAI Services (‘T&C’) apply to all agreements pursuant to which Bright River will provide its ModifAI Services.
ModifAI ServicesModifAI is an AI-driven standalone service that can be used for online, self-service post-production image editing. For this automated isolation service there is no human in the loop for which reason the User is unable to request manual services. Edited images are not eligible for re-execution, meaning that the results that the User receives after using the ModifAI stand alone service via the User Interface, is all that can be received. The User will have a daily limit of images it is able to process using the service.
IP Rights & Data
- Bright River grants the User an unlimited, personal, exclusive license to use the Processed Visual Content.
- All pre-existing Intellectual Property of each Party will remain the exclusive property of that Party and, except as specifically provided in this Agreement, no Party will acquire any rights or interests in the other Party's pre-existing Intellectual Property.
- Bright River may store and use Processed Visual Content inputs (e.g. image and video inputs) processed by the Service to provide and maintain the Service and to improve and develop the quality of its editing automation. Bright River shall not store or use any personally identifiable information such as contact details (name and email address) that may be contained in the User’s content for these purposes.
Knowledge Resulting from ModifAI ServicesUser authorizes Bright River to use, copy, reproduce, process, adapt, amend, publish, transmit, edit, translate, show and distribute any knowledge in connection with the provision of the ModifAI Services. User accepts that Bright River may use the knowledge as well as the questions and answers, interactions, and any contents owned by User, in order to improve its processes and algorithms and artificial intelligence.
PrivacyBright River respects privacy and only uses User’s Personal Data for the purpose of payment obligations and contact details with respect to the Bright River services. If Bright River processes Personal Data Bright River complies with the obligations under the European General Data Protection Regulation. Parties establish, confirm and agree that User’s visual content to be processed by Bright River does not qualify as Personal Data.
Guarantees and Indemnities
- Bright River depends on the Visual Content provided by the User. In that regard User guarantees the following:
- User is fully entitled to upload the Visual Content and has obtained any necessary consents with respect to any individual’s data protection and the protection of privacy
- the Visual Content is correct, complete, unencumbered and not limited or restricted by, and does not infringe upon, any third parties’ rights, including IP Rights, and the use of the images by Bright River is not in any other way unlawful in respect of third parties
- User will never submit Visual Content that is in any way discriminating, offensive, obscene, violent, unlawful or harming the interests and reputation of Bright River.
- To ensure that all Users can make use of the Services, the User guarantees fair use of the Services. Hence, the User will not use the Services unreasonable and will not intentionally use or enable or demand any third party to use or enable viruses, Trojan horses, worms, bots, or other software which may cause damage to the Services, the website, or any other technical aid which may render them inaccessible or which are intended to circumvent technical protective measures. Bright River reserves the right to block access for any unauthorized use of the system, including to block access for a mass account for fake credits. Unauthorized use of the system is understood to include, among other things, bad intentions and creating multiple accounts for no valid reasons and any misuse of the possibilities offered by the systems.
Exclusion and limitation of liability
- In no event shall Bright River be liable to User or any third party for direct, indirect, consequential, incidental, or punitive damages, lost profits or lost savings, resulting from any defect in or use of any services. In no event shall Bright River be liable to User for indirect, consequential, incidental, or punitive damages, lost profits or lost savings, for any breach of this agreement.
- Neither Party limits or excludes its liability for wilful misconduct, gross negligence, fraud, fraudulent misrepresentation, death or personal injury.
Force MajeureBright River shall not be liable for any delay or failure to perform its obligations under the Agreement if that delay or failure arises directly or indirectly through force majeure, which is deemed to include an act of God or (without limitation), war, terrorism or other civil disturbance, decisions of any civil authority, fires, flood, strikes or any other circumstances that affect the operations and that can reasonably be deemed beyond the control of Bright River including, without limitation, the failure of internet services.
- Parties shall maintain all information they receive from or about each other strictly confidential, including but not limited to information concerning Visual Content and the Services. Information will in any case be regarded to be confidential, if one of the Parties indicates in writing that it is confidential.
- Parties will impose this obligation of confidentiality also on their employees and third parties hired for the performance of their obligations hereunder, in particular Bright River shall impose this confidentiality obligation on the members of its Service Network.
- A Party shall not be required to maintain confidentiality with respect to any information that i) was already in the possession of such Party on a non-confidential basis ii) has lawfully come into the possession of such a Party on a non-confidential basis or iii) is legally required to be disclosed to a judicial or administrative authority.
Language: the Agreement is concluded in the English language, which language shall be controlling in all respects.
Governing law: The Agreement and any use of our Services are subject to Dutch law and any dispute arising out of it that cannot be solved amicably shall be settled before the competent court of Amsterdam, The Netherlands.
Invalid or unenforceable clauses: If any part of these T&C, is found invalid or unenforceable, that part will be enforced to the maximum extent permitted by law and the remainder of the Agreement will remain in full force.
DefinitionsThe following terms shall have the meaning set forth below:
|Bright River:||A private limited liability company, listed in the Commercial Register of the Dutch Chamber of Commerce under number 57217602.|
|User:||Any individual or business that has entered into an Agreement with Bright River.|
|IP Rights:||All intellectual property and ancillary rights, such as copyrights, trademark rights, patent rights, design rights, trade name rights, as well as know-how rights.|
|Parties:||Bright River and User, each being a Party|
|Personal Data:||Any information relating to an identified or identifiable natural person. More specific for these services it is limited to the contact details (name and email address) of natural persons working for User to the extent necessary for registration|
|Processed Visual Content:||The Visual Content after having been processed|
|Service:||The services provided by Bright River to User under the terms of this Agreement|
|Service Network:||The service network Bright River has established, apart from its own corporate group, and which consists of a number of carefully selected professional companies, with which Bright River has agreements in place and which are engaged in the provision of the Bright River Service|
|Visual Content:||All visual content submitted by the User to be processed.|