Photo Rehabilitation Service

1. Subject matter and acceptance of offer

1.1 Photo Renewal Services Automatic short video-generation tool based on a user's downloaded photo and text description of the desired movement (promt), using artificial intelligence technologies.

1.2. Service item - generation of one (1) MP4 video file based on a loaded image and text description given by the user and giving the user access to the file. The video frame retains the ratio (side ratio) of the loaded photograph.

1.3 This document is a public offer (art. 437, para. 2, of the Civil Code of the Russian Federation). The acceptance of the offer is a combination of user actions: the indication of acceptance of this offer in the Service interface and the payment of the selected tariff. From the time of acceptance, the contract shall be deemed to have been concluded under the terms of this offer in force at the time of payment.

1.4. The user pays for the service before the start of the generation. not used - Payment is made in rubles of the Russian Federation through the payment partner Service.

1.5 The service is available to both registered and unregistered users of the Service.

1.6. The actual duration of the video produced is determined by the technical capability of the generation model used. and may differ from the generic name of the tariff specified in the Service interface. The consistency of the tariffs, prices and actual duration of the video is given in section 3 of this offer.

1.7. Examples of videos posted on the Service website are purely illustrative, demonstrate the potential of technology and are not a guarantee of a similar result for a specific photograph and a specific user room.

2. How the service is delivered and when it is delivered

2.1. The user downloads a photograph (JPG, PNG or HEIC, not exceeding 15 MB).

2.2 The user of the text describes the movement or action to be added to the video.

2.3 The user selects the price (the duration of the video) and is acquainted with the cost of the service and the terms of this offer.

2.4 The user provides an e-mail address for receipt and result. The user himself carries the risk of the consequences of giving an incorrect, alien or inaccessible e-mail addressincluding the inability to obtain a reference to the result.

2.5 The user shall pay, thereby accepting the terms of this offer.

2.6 Once the Service has received payment, it will automatically start generating the video without additional user confirmation.

2.7. The result of the generation becomes available to the user on the page of the order result and/or by a link to the designated e-mail address and to registered users also in the personal office.

2.8. Service is deemed to have been rendered by the Executor in full and properly at the time when the generated video file became available to the user on the page of the result of the order and/or by reference - Whether the user opened the result page, looked at the video and downloaded the fileFrom this point on, the obligation of the perpetrator is terminated by proper execution (art. 408, para. 1, of the Civil Code of the Russian Federation).

2.9. The preparation and signature of a bilateral service document is not required; the service is deemed to have been accepted by the user without comment if during the course of the service 24 hours (twenty-four) As at the time specified in paragraph 2.8, no substantiated written claim pursuant to section 7 of this proposal has been received by the Executor.

2.10. The fact that the generator is started, successfully completed and the user has access to the result is confirmed by the data of the account systems (journals, logs) of the perpetrator and the generation services he has engaged. The Parties shall find such data appropriate, admissible and sufficient evidence to demonstrate the provision of the service.

2.11 The estimated time of generation is 1 to 3 minutes; in some cases, the actual time may be longer depending on the load on the Service and the model of generation used, which is indicative and not essential to the contract.

3. Value, tariffs and payments

3.1 The cost of the service depends on the rate selected. The relevant price is in any case specified in the Service interface before payment; where priority has been separated, the price specified in the interface at the time of payment shall be given. As at the date of publication of this offer, the following tariffs shall apply:

• Tariff 3 Sec - 138 : The actual duration of the video is 3 seconds.
• The 5-sce rate is 216 : The actual duration of the video is 5 seconds.
• Tariff 10 Sec - 324 : The actual duration of the video is 10 seconds.

3.2. The name of the tariff corresponds to the target length of the video produced. The actual duration of the result may vary slightly depending on the technical characteristics of the generation model used (para. 3.1.) and is given to the user with the final result; while continuing the order and paying the price selected, the user confirms that he is familiar with the actual duration of the result for the given tariff.

3.3 The service is entitled to provide the user with a discount on the cost of the service, depending on the number of previously successfully paid and completed generators (loyalty programme), the relevant amount of the discount is displayed in the Service interface, and the perpetrator is entitled to change the terms of the loyalty programme and the amount of the discount.

3.4 Payment shall be made prior to the commencement of the generation and shall mean the user ' s acceptance of the terms of this offer.

3.5. Each generation is a separate service and is paid separately; the regeneration in the same photograph and the same rift creates a new, different result and is paid as a new order unless otherwise expressly provided in this offer.

4. Consent to the immediate commencement of the service.

4.1. By paying for the service, the user gives direct and informed consent to the immediate commencement of the service – The generation is automatically started as soon as payment is received, with no additional time-frames expected.

4.2 The user is entitled to refuse to perform the contract until the time the service is provided (para. 2.8), provided that the perpetrator pays the actual expenses incurred (art. 32 of the Law of the Russian Federation on Consumer Protection, art. 782 of the Civil Code of the Russian Federation).

4.3. The parties agreed on a procedure for determining the actual costs incurred by the perpetrator. At the time of the start of the generation, the perpetrator will pay irrecoverably the computing capacity of the third-party generation service: the amount is written off by the Executor at the time of the launch and will not be returned to him at any output of the generation, including cases where the user has refused the service, removed the result or refused to receive it by the user. From the start of the generation, the actual costs incurred by the perpetrator amount to 100 per cent (100 per cent) of the cost of the paid tariffand, if the user withdraws from the contract after the start of the generation, the money shall not be refunded.

4.4. Once the result of the generation has been given (para. 2.8), the contract can not be abandoned and the money paid can not be recoveredSince the service is fully provided and the obligation of the perpetrator has been terminated by due process, the right to refuse to perform the contract provided for in article 32 of the Consumer Protection Act applies only to the portion of the service that has not been provided since that date.

4.5 By placing a mark on the acceptance of this offer and paying for the service, The user confirms that he has been notified of the contents of 4.1 - 4.4 before payment and realizes that he will not be able to recover the payments once the result has been given.

5. Returns

5.1. The service is digital: the generation begins automatically as soon as payment is received and the result is made available to the user immediately after the processing has been completed by the generation model.

5.2. Refunds are made solely for the following reasons:provided that the relevant circumstance has arisen for reasons that are dependent on the perpetrator:

• Payment was received, but the video was not generated;
• The generation was completed with a technical error and the result was not provided to the user on the page of the order result or by reference in the letter;
• For the same order, payment was mistakenly written off more than once, in respect of the amount overpaid.

5.3. For the reasons given in paragraph 5.2., The perpetrator shall, at his choice, re-examining the service (regeneration) or return the money paid. Re-service is a priority option for elimination, and money is recovered if re-generation is technically impossible or the user has given up it in writing.

5.4. Do not justify the return of funds, in whole or in part (the list is closed in nature and discloses the contents of paragraph 5.2):

• Visual artifacts, distortions, deformations of persons, hands, objects, inscriptions, background or composition;
• Unnaturality of motion, mimics, change of face or proportion to the original photograph;
• Total or partial non-conformity of result with the text description(s) given by the user;
• The subjective evaluation of the result by the user (unliked, "waiting for another", "not appropriate");
• Unlike the examples posted on the Service website (para. 1.7);
• Low quality, low resolution, lightning, blurry, complex view of the original photograph, multiple faces, collage or external objects;
• a slight deviation in the actual length of the video produced, and the presence or absence of a sound track, as determined by the technical capability of the generation model used;
• Mistake of user ' s choice of tariff, photograph or prom, as well as typing;
• The user's loss of access to the result after the expiry of the storage period, removal or loss of the downloadable file, incorrect e-mail address, receipt of the letter to the Spam folder (sect. 11);
• The change in user's intention to use the service after the generation is started.

5.5. The perpetrator does not guarantee the artistic value, the realisticness of the animation, the absence of visual artifacts and the exact and complete conformity of the result with the user ' s text description (promise). The result of the generation is formed by artificial intelligence algorithms, is probabilistic and may differ from the user ' s expectations. By paying for the service, the user confirms that he is aware of the probability of the result and takes the risk involved.

5.6 The application for return on the grounds of paragraph 5.2 shall be made by the user in the manner and within the time limits set out in section 7 of this offer, and shall be made in the same manner as payment made within a period not exceeding 10 (ten) working days from the date of the determination of the claim.

Free and bonus generators (section 8) shall not be liable for monetary refund and compensation under any circumstances.

6. User guarantees and assurances

6.1 By paying for the service, the user assures and confirms that:

• Fully familiar with the present offer, including sections 4, 5 and 11, and accepts its terms without reservation;
• Understands that the service is automatic and immediate and the result is provided once;
• Understands that the result is stored for limited time and is required to be downloaded by the user;
• Understands the probabilistic nature of artificial intelligence algorithms and does not regard non-conformance with expectations as a lack of service;
• has all the rights to a loaded photograph (Section 9);
• is acting in good faith and does not intend to use the procedure for challenging payment to obtain the service without payment.

7. Claims and challenges to payments

7.1. Before applying to the court, public authorities or the issuing bank, the claim procedure is mandatory. The user sends an e-mail address to the Executor under the "Actor's Records".

7.2. The referral shall contain: the e-mail address and (or) the order identifier used for payment; the date and amount of payment; a description of the circumstances of paragraph 5.2. to which the user refers; communications that do not allow identification of the order are not subject to review.

7.3. Date of communication: claim of technical inefficiencies — during 24 hours (twenty-four) from the time the generation is completed; other applications based on the basis of paragraph 5.2., during 14 (fourteen) calendar days The omission of the time limit excludes the user from invoking the relevant circumstances as grounds for return.

7.4 The perpetrator shall consider the communication within 10 (ten) working days of its receipt and shall send a reasoned reply to the user ' s e-mail address.

7.5. The initiation by the user of a procedure to challenge payment (chargeback) or withdraw payment without prior compliance with the claim procedure established by this section shall be declared by the parties to be bad faith. In the course of the examination of such a dispute, the perpetrator is entitled to submit to the pay partner and issuing bank the data of the accounting systems confirming the provision of the service (para. 2.10) the text of this offer and the confirmation of its acceptance by the user.

7.6 When abuses are identified (systematic unfounded claims for return, challenges to payments for services actually provided, creation of multiple accounting records for free generation), the perpetrator is entitled to deny the user further service and block access to the Service.

8. Limitation of liability

8.1. The generator shall be performed automatically by means of artificial intelligence algorithms; the perpetrator shall not guarantee the artistic result, the realism of the animation and the absence of visual artifacts.

8.2 The quality of the result depends directly on the original photograph provided by the user (clearness, lighting, perspective, authorization). The perpetrator is not responsible for the result if it is due to defects in the original image.

8.3. The total liability of the Executor for any claims related to the provision of the service is limited to the value of the service actually paid by the user. The perpetrator shall not reimburse the loss of profits as well as the indirect loss and costs to the user.

8.4 The perpetrator shall not be liable for the temporary non-availability of the Service, the failure of the payment system, the malfunctioning and modification of the external generation services contracted under section 9 of this offer, or for the non-delivery of letters for reasons dependent on the user ' s postal service provider.

8.5 The perpetrator shall not be responsible for the user ' s use of the video file obtained, including its publication, distribution and any consequences thereof.

9. Free and bonus generators

9.1. The service is entitled to provide free photo regeneration services to users as part of the stock, bonus box (Lutbox), partnership and promo programs, including free generation rights granted by the Service Administration and linked to the e-mail address of the user.

9.2 Free and bonus generators shall be provided under the terms of this offer and shall not be exchanged for money, withdrawal or transfer to third parties.

9.3 The perpetrator is entitled to modify the conditions and accessibility of shares as well as free and bonus generators.

10. Content requirements and outsourcing

10.1 By downloading a photograph, the user guarantees that he or she downloads his or her own image or an image for which the person has obtained the consent of the person concerned and has all the necessary rights to use it.

10.2 The user is prohibited from:

• upload photographs of third parties without their consent;
• To create a frank erotic content and pornographic material;
• To create content that violates the legislation of the Russian Federation, the rights of third parties and moral and ethical norms;
• Use the Tools to humiliate, slander, discriminate, disinformation or harm.

10.3. If the conditions of paragraph 10.2 are violated, the perpetrator may immediately block access by the user without returning the money paid and transmit the available information to the authorized authorities in accordance with the procedure established by the law of the Russian Federation.

10.4. Failure of the generation model or the external service upgrade systems to process a loaded image or a mist contrary to paragraph 10.2. or the rules of such a service; is not a failure to provide a service by fault of the perpetrator; in this case paragraph 5.3 (regeneration of a different photograph or other mist of the choice of the perpetrator) applies.

10.5 For the purpose of providing the service, the perpetrator is entitled to use external software, AIic and cloud-based video and image generation services, including those located outside the Russian Federation; the transmission of the photograph to such services shall be carried out exclusively in the amount required for the service; and, by paying for the service, the user shall agree to such transmission and processing.

11. Storage of result, time frame for access and disposal of files

11.1. The finished video file is formed and stored on the side of the engaged external generation service. (external provider) rather than on the implementing agent ' s own servers. Access to the result is given to the user by reference to such a remote repository.

11.2. The result shall be removed from the specified storage unit automatically, not later than 24 (twenty-four) hours after the generation has been completed. The perpetrator is not the owner of the said storage facility, does not administer the rules of disposal, cannot extend the period of storage and does not have the technical capability to recover the remote file. The time limit is maximum, not guaranteed: the actual period may be shorter and may be shortened or modified unilaterally by an outside service.

11.3. The user is required to download and store the result on his or her own device immediately after having access to it. The actual time remaining before the file is removed is displayed by a countdown timer on the page of the order result; after that, the reference to the result ceases to function and the file is removed irrecoverably. The user takes the risk of late downloading the result.

11.4. The user ' s loss of access to the result after the expiry of the storage period, and the user ' s removal or loss of a previously downloaded file, are not a lack of service, do not indicate a failure to deliver it, or give the user the right to demand the return of money, regeneration or other compensation. The service is considered to have been provided at the time defined by paragraph 2.8. and the subsequent removal of the file by an outside service does not affect this fact.

11.5. The limited duration of storage is due to confidentiality requirements, the minimization of personal data storage and the technical conditions of the generation services involved. By paying for the service, the user confirms that the limited duration of the storage prior to payment has been notified and accepts this condition.

11.6. Regeneration after the result has been removed is not a recovery of the previous file: the algorithm creates a new, different result and such generation is paid for as a new order (para. 3.5).

11.7. The user ' s download of the original photographs shall be kept for the period necessary to provide the service and to provide access to the result, but not longer than the period prescribed by law and the Personal Data Processing Policy.

11.8 The user may at any time request the removal of the downloaded photographs and purchase order data by contacting the executing agent ' s e-mail address, as indicated in the "Actor ' s Notes".

12. Image and personal data processing

12.1 By downloading a photograph and paying for a service, user agrees to process loaded image In the volume required to generate the video (storage, transmission to external generation services under section 10, formation and delivery of the result).

12.2 The image of a person may be considered as personal data, which is processed in accordance with the legislation of the Russian Federation and in accordance with the law of the Russian Federation. Personal Data Processing Policy.

12.3 By downloading photographs of third parties, the user confirms that he has obtained his consent to the processing of the image in this service and is responsible for the existence of such consent.

12.4. The results of the generation are confidential; the Administration (Executive) does not review and have access to the results of the user ' s generation except in cases expressly provided for by the legislation of the Russian Federation; this condition does not prevent the Executor from using unpersonal data from the accounting systems (para. 2.10) to confirm the service provided.

13. User ' s capacity

13.1. Using the Service and paying for the service, the user confirms that he has the necessary capacity to conclude this contract or acts with the consent of his legal representatives.

14. Intellectual property

14.1. All exclusive rights to software, generation algorithms, design and design of the Service are vested in the Executor and are protected by the legislation of the Russian Federation.

14.2. The user ' s user ' s user ' s original photograph rights are left to the user; the result of the generation (video) is given to the user for personal use; the user is entitled to download, publish and use the video obtained.

15. Modification of the offer, invalidity of the terms and conditions and applicable law

15.1. The perpetrator is entitled to modify this offer; the new version shall be published on the website and shall enter into force upon publication; the text of the offer in force at the time of payment shall apply to the contract concluded (para. 1.3).

15.2. The recognition of a separate condition of this offer as invalid or not enforceable does not result in the invalidity of the rest of its terms; such condition shall be replaced by the effective, closest and most economic effect.

15.3 This offer is governed by the legislation of the Russian Federation, all disputes are settled through negotiations with mandatory compliance with the claim procedure (sect. 7) and, if no settlement is possible, by a court in accordance with the law of the Russian Federation.

16. Requisitions by the perpetrator

Actor: PP Fedoctin MACKIM SERGEEVIC

INS: 920358422008

OBJECTION: 324920000019649

Email for queries and claims: support@lavandai.pro

Сайт: https://neiro-kadr.ru