1.1 These legal specifications (these ‘Terms’) apply to the full content of the Website under the domain name www.motionmask.ai (the ‘Website’) and any correspondence between you and Company (as defined below). Before using the Website, please read these terms carefully. Using the Website implies acceptance of these Terms, regardless of whether you choose to register your information with us or not. If you do not accept these Terms, do not use the Website.
1.2 The Company exclusively holds the right to periodically review these legal Terms without prior notice by updating them. Therefore, you should periodically check the Website to read these Terms, as by accessing and continuing to use the Website, you will be deemed to have agreed to be bound by the Terms appearing on the Website at the time of access. However, certain Terms may be replaced by expressly designated legal specifications or terms located on certain pages contained on the Website.
1.3 These legal specifications are issued by, and the Website is provided by S.C. Global Intelligence S.A. (RO) (the ‘Company’), a company established in Romania under the registration number J40/15257/2012 having fiscal code 31050700 and whose official headquarters are located at the address: Street Frunzei 26, Floor 1, Room 1 , Bucharest, Romania. All references such as ‘we’ and ‘our’ are references to the Company. You can contact the Company through the CONTACT page.
1.4 The Website is addressed to any legal entity established accordingly to the applicable law, or natural person having at least 18 years of age and is intended for the exclusive access and use of these persons. If the laws of your country of residence so permit, minor children may utilize the Website, provided that their parent or legal guardian establishes the account, or the account is created with such parent or guardian’s approval. If you permit your minor child or legal ward to use the Website, you hereby agree to these Terms on behalf of both you and your child or legal ward. You further agree that you are solely responsible for all use of the Website by your child or legal ward regardless of whether such use was authorized by you. If you subscribe to the Website on behalf of a business, you represent to the Company that you have the authority to bind that business and that your acceptance of this Terms will be treated as acceptance by that business. You further agree that the Company may use the name and logo of that business on Website and other promotional material as a customer of the Website.
1.5 No warranties or representations of any kind, whether direct or implied, are given in connection with the compliance of the information presented on the Website or any information related to our activity, in any respect, with the laws of any other country, laws that, in any event, do not affect and do not apply to Romanian companies.
1.6 To use the Website, you are required to establish a user account (an “Account”) on the Website.
2.1 You have the right to download and use extracts from this Web site for your own use, with the following conditions:
no related document or graphic on the Website is modified in any way.
no graphic element on the Website is used separately from the accompanying text
the specifications regarding the copyright and trademark of the Company, together with this notification of permission to appear on all copies.
2.2 Unless otherwise stated, copyright, trademarks, database rights and other intellectual property rights in all content and material on the Website (including, without limitation, photographs, and graphic images) constitute proprietary rights owned by the Company or its licensors. In the context of these Terms, any use of extracts from the Website that is not included in clause 2.1 is prohibited, regardless of the purpose. Violation of any of these Terms leads to the automatic cancellation of permission to use the Website and you must immediately destroy any extracts downloaded or printed from the Website.
2.3 According to clause 2.1, no component part of the Website may be reproduced or stored on any other Web site and may not be included in any other electronic recovery system or service, be it public or private, without obtaining in advance the written permission of the Company.
2.4 We reserve all rights not expressly granted to you by these Terms.
2.5 The Website may not be used for any other commercial purpose, except for those which are expressly approved and accepted by the Company. Any illegal or unauthorized use of this Website will lead to legal action by the Company.
2.6 If you comply with those Terms, the Company grants you a limited, revocable, non- exclusive, non-assignable, non-sublicensable right to access and use the Website as it is intended to be used and in accordance with this Terms and applicable law. The Company grants you no other rights, implied or otherwise.
3.3 Each account registration made through the Website is for a single user. If you are assigned a certain password and username, the Company will not allow you to disclose your username and password to any person or to the different users within a network. The responsibility for the safety of any password assigned remains with you. User accounts are strictly personal and individual.
3.4 It is not allowed to share a user account with other individuals. We have the right to disable any user identification code, login, or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms. You are aware of and acknowledge the technical requirements for using the Website as outlined in its content and/or in the Help Center. The Company will not be liable nor provide refunds for any limitations or errors caused by use of the Website with other devices, software, or operating system versions than those described in the technical requirements.
3.5 You are responsible for backing up the User Content that you store on the Website. We may permanently delete your User Content from the Website if your access to the Website is suspended or canceled. We do not have any obligation to return User Content to you after your access to the Website has been suspended or canceled. If User Content is stored with an expiration date, we may also delete the User Content as of that date. User Content that is deleted may be irretrievable.
3.6 Some functionalities and features of the Website may be made available to you at no charge, while other features may be purchased (including but not limited to licenses, subscriptions, premium library items, etc.). Such functionalities and features are hereafter collectively referred to as “Services”. If there is a charge associated with the use of Services, you agree to pay that charge. We may suspend or cancel your access to the Website if we do not receive such payment on time. Suspension or cancellation of your access to the Website for non-payment could result in a loss of access to and use of your Account, as well as the loss of User Content stored on the Website.
3.7 To pay the charges for Services delivered through the Website, you will be asked to provide a valid payment method at the time you sign up for such Services.
3.8 By providing The Company with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize The Company to charge you for the Services using your payment method; and (iii) authorize The Company to charge you for the Services. We may bill you (i) in advance; (ii) at the time of purchase; (iii) shortly after purchase; or (iv) on a recurring basis.
3.10 According to the EU consumer legislation any User of our Website that acts as an individual has the right of withdrawal from this contract within 14 days. When you request Services from us, you agree that we may begin to provide Services immediately. In this regard, you will not be entitled anymore to a cancellation or “cooling off” period. Payment for Services (whether these are transactions or subscriptions) will be non-refundable in such context.
3.11 If there is a fixed term and price for your Services offer, that price will remain in force for the term. Depending on your country of residence and your status (business or private person), local country taxes such as VAT (value-added tax) may be applied/added to the amounts you have to pay. “Lifetime” pricing, when available, is a limited and temporary offer for a fixed price subscription rate for as long as the subscription runs without interruption and for as long as the related Services are available and supported. The Company may stop issuing Lifetime subscription price rates at any time. While The Company anticipates that the Services you purchased will remain available and supported, potentially for many years to come, The Company makes no warranties as to the expected lifetime of its Services, and in purchasing The Company Services, you acknowledge and agree that the Company’s Services could change or terminate in the future. Any Lifetime subscription pricing will not apply anymore if the subscription account is terminated for any duration of time due to cancellation, non-payment, upgrade, or downgrade, or otherwise.
3.12 You must pay for all reasonable costs we incur to collect any past due amounts. These include reasonable attorneys’ fees and other legal fees and costs, in event of default.
3.13 If The Company owes you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur because of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require the return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
4.2 It is forbidden to post, use or transmit on or from the Website any material:
4.3 Each account registration made through the Website is for a single user. If you are assigned a certain password and username, the Company will not allow you to disclose your username and password to any person or to the different users within a network. The responsibility for the safety of any password assigned remains with you. User accounts are strictly personal and individual.
4.4 It is not allowed to share a user account with other individuals. We have the right to disable any user identification code, login, or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms. You are aware of and acknowledge the technical requirements for using the Website as outlined in its content and/or in the Help Center. The Company will not be liable nor provide refunds for any limitations or errors caused by use of the Website with other devices, software, or operating system versions than those described in the technical requirements.
5.1 Links to third-party websites appearing on the Website are provided solely for your benefit. If you use these links, leave the Website (the linked sites usually open in a new window, the Website remaining open). The Company has not fully analyzed these sites belonging to third parties, does not have control over them and is not responsible for these Websites, their content or availability. Therefore, the Company does not endorse them and makes no representations regarding them or regarding any material found on these sites and the results that can be obtained by using them. If you decide to access any of the third-party sites to which this Website links, you do so at your own risk and Liability.
5.2 You do not have the right to create links to the Website without obtaining prior written approval from the Company, which will be granted only if certain criteria are met.
5.3 You shall indemnify the Company in full for any loss or damage suffered by it or by any company belonging to the group or by breaching clause 5.2.
6.1 The Company does not guarantee, declare, or give any assurances regarding the uninterrupted or error-free use of the Website. Although the Company makes every effort to make the Site normally available 24 hours a day, the Company will not be responsible if for whatever reason the Website is not available at a certain time or for a certain period. Access to the Website may be suspended temporarily without notice in case of system failure, maintenance or repair works or for reasons over which the Company does not have control.
6.2 You expressly agree that your use of or inability to use the Website are risks that you assume exclusively. The material present on the Website is provided ‘as is’, unconditionally, without warranties or terms of any kind. To the extent permitted by law, the Company provides you with the Website based on the Company’s exclusion of all statements, conditions, or other terms. The Company expressly disclaims any type of warranty, whether direct or implied, including all implied warranties of satisfactory quality, appropriate for a particular purpose, opportunity, reliability, timeliness, accuracy, completeness, security, title, and non-infringement of the rules that, except for these legal specifications, may affect the Website.
6.3 In no event shall the Company or any other party (whether involved in the creation, production, maintenance or delivery of the Website) and any of its group companies, directors, officers, employees, affiliates, agents, suppliers or licensors be liable to you, or to any other third party for any direct, indirect, accidental, punitive, special or consequential loss or damage, including, without limitation, any loss of use, profit or data arising from your use of the Website or for any other claim regarding your use of the Website, including, but not limited to, any errors or omissions present in any content or any loss or damage, regardless of its nature, occurred as a result of the use or inability to use any content posted, transmitted or made available through the Website or as a result of the behavior of any user of the Website, either online or offline, for the deletion of your data, information or content stored on the Website, even if they were aware of this possibility, regardless of whether these losses arise from contract, negligence, tort or other causes.
6.4 The Company does not represent and does not warrant that the Website will not face any loss, defects, attacks, viruses, interference, piracy or other security problems, and the Company disclaims any liability in connection with these matters. You will be responsible for making backups for your own system and if the use of the material on the Website generates necessary repairs, verifications or modifications of your equipment, software or data, these costs remain your responsibility.
6.5 Although the Company strives to ensure that the information on the Website is accurate, the Company does not guarantee the accuracy and completeness of the material on the Website. The Company may make changes to the material located on the Website or to the services and any prices described on it at any time without notice. The material on the Website may be outdated and the Company makes no commitment to update it.
6.6 Nothing in this Agreement shall exclude or limit the Company’s liability in cases of death or personal injury caused by negligence, fraud, misrepresentation in respect of an important matter or any liability that cannot be excluded or limited by applicable laws. If you are dissatisfied with any of the parts of the Website or this Agreement, the only action you may take is to terminate your use of this Website.
6.7 By using the Website, you agree to indemnify and hold harmless the Company and any other affiliate, its directors, officers, employees, agents, suppliers and licensors, with respect to any claims arising from the violation by you of these Terms, from your use of the Website, from any action initiated by the Company as an integral part of the investigation of an alleged violation of this agreement or as a result of the discovery or determination that a violation has occurred these Terms.
7.1 Data Processing Agreement (hereafter referred to as “Agreement”) Between GI (the Processor) and Client, legal entity as stated in the order document/ the user, (the Controller) In certain cases, we act only on your behalf with respect to personal data collected and processed by our Services (for example, for storing data you uploaded on our Site or for applying a more highly accurate custom blur of the video at your request). In such cases, we act only in accordance with your instructions to facilitate the service you have requested, and you assume responsibility for the personal data shared. If you submit any personal data to us or our service providers in connection with your use of the Services, you represent that you have the authority to do so and to allow us to use the information in accordance with this agreement.
7.2 Purpose and scope:
7.4 Description of processing:
7.5 Instructions of the Controller:
7.6 Use of sub-processors:
7.7 Security of processing:
7.8 International transfers:
7.9 Assistance to the controller:
7.10 Data subjects rights:
7.11 Notification of personal data breach:
7.12 Data breach concerning data processed by the processor:
7.13 Erasure and return of personal data:
7.14 Liability and contractual penalty:
7.15 Final clauses:
7.16 ANNEX 1 TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA:
8.1 These Terms dictate the relationship between you and the Company and are subject to the laws of Romania. Disputes arising in connection with these legal specifications will be subject to the exclusive jurisdiction of the Romanian courts.
8.2 The Company may defer the exercise of the rights conferred by these Terms without losing these rights.
8.3 You agree that the performance of any obligations of the Company may be delegated and that this agreement or any of its rights and obligations may be assigned without you to be notified. The Company will not be responsible for any breach of these Terms where such breach arises from circumstances beyond which the Company cannot normally control.
8.4 These Terms constitute the entire agreement between you and the Company with respect to your use of the Website and supersede all previous agreements with respect to the Website. If any part of these Terms is invalid or legally unenforceable, the invalid or unenforceable provision shall be replaced by a valid, enforceable provision which fully renders the intent of the original provision, and the rest of these Terms shall continue to be in full force and effect.
8.5 All processed video files will be available for download exclusively in a MP4 file format, without sound, preserving original resolution and aspect ratio.