General Terms and Conditions

DAZBOG.AI

I. INTRODUCTORY PROVISIONS

1. Business Company

‍IntenseAudio s.r.o.
ID No.: 09859543
VAT No.: CZ09859543
with its registered office at Sečská 1855/27, Strašnice, 100 00 Praha10, Czech Republic, registered in the Commercial Register at the Municipal Court in Prague, registration No. C 343639 ("Provider")

is the operator of the DAZBOG.AI (the "Application"), through which it offers users (each user of the Application hereinafter referred to as the "User") digital content services (the "Services"). The Services of the Application consist in enabling Users to create and process digital content of various kinds by means of tools using generative artificial intelligence by enabling the creation of generated content on the basis of the User's input ("prompts"). The Application is accessible via the website www.dazbog.ai (the "Website") and the services are provided electronically within the interface of the Application.

2. These General Terms and Conditions ("GTC") are commercial terms and conditions within the meaning of § 1751 of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code"), regulate the mutual rights and obligations between the Provider and the User and constitute an integral part of the terms and conditions of the contract for the provision of digital content services ("Contract") concluded between the Provider and the User in connection with the use of the Application.

3. The Provider and the User may negotiate provisions in the Contract that deviate from these GTC. Deviating provisions in the Contract shall prevail over the provisions of these GTC.

4. These GTC are drawn up in Czech and English and the Contract may be concluded in Czech and English.

5. The Provider may amend and supplement the wording of these GTC from time to time, and the new GTC shall be effective on the date of their publication on the website. For the relationship established by the Contract between the Provider and the User, the version of the GTC effective on the date of conclusion of the Contract shall prevail.

6. The offer of the Application services on the Website is informative and may be continuously extended or changed by the Provider based on legitimate reasons, which may be compliance with legal requirements, changes in the offer of AI tools services or improvements to the existing features of the Application services. The User will be notified of any changes to the Application Services.

‍7
. The Provider is not obliged to develop and make updates to the Application, which the User agrees to by entering into the Agreement. The User shall be notified of the availability of any updates to the Application.

‍8
. Unless otherwise stated below, the use of the Application services is subject to a fee.

9. The Application is intended only for Users over 18 years of age and only persons over 18 years of age may enter into the Agreement regarding the use of the Application services.

‍II.USER ACCOUNT

10. A condition for using the Application services is the creation of a user account on the website by the User.

11. When creating a user account, the User has access to these GTC and as part of the process of creating a user account, the User confirms that he/she has read and agrees to these GTC.

12.Creating a User Account is done by the User filling in a simple form with his/her email address together with a User-created password or by logging in with his/her Google Platform user account. The User is responsible for the correctness of the information provided and for maintaining the confidentiality of the login details for his/her user account. The Provider shall not be liable for misuse of the User Account by third parties.

13.

14. The User is not entitled to share his/her User Account (or his/her Subscription) with third parties.


15. The Provider is entitled to cancel the User Account of the User if it is not used for a long period of time, or if the Agreement is withdrawn, or in other cases provided for in these GTC.

‍III. SUBSCRIPTIONSAND CREDITS

A. SUBSCRIPTIONS AND CREDITS

‍16
. The services of the Application consist of enabling Users to create and process digital content using AI-based tools to the extent of the credits subscribed by the User.

17. "Prepaid Credits" represent the amount of digital content that the User can generate or process within the Application under a given type of Subscription.

18. Prepaid credits are carried over to the next period in the event of automatic renewal of the Subscription.

19. This list may be modified and changed by the Provider from time to time (taking into account any updates, extensions and changes to the Application).

20. The User may then use the services of the Application to the extent of the remaining number of Prepaid Credits sold during the Subscription Period. If the Subscription Credits are exhausted, the User will continue to have access to the Application (until the end of the relevant Subscription Period), but will not be able to generate or process digital content using the Application unless the User orders a new Subscription (increases the Subscription Fee) or until the Subscription is (automatically) renewed for the next Subscription Period.

21. The User acknowledges that without an active Subscription it is not possible to access the Application service, including any previously User-generated content and User prompts.

‍B.ORDERING A SUBSCRIPTION, CONTRACT CONCLUSION

22. After creating a user account, the user can order a Subscription. The User has the option to select the Subscription according to the current offer on the Website. The Provider offers the Subscription to the User as monthly or annual in different variations of the number of subscription credits. The current price list of the Subscription is available on the website.

23. Before sending the Subscription order, the User is allowed to check and change the data entered in the order, including with regard to the possibility of detecting and correcting errors arising during data entry in the order. The User shall submit the Subscription Order electronically via the relevant button on the website.

24. The validity of the Subscription Order is conditional upon the User completing all mandatory data in the order form, becoming familiar with these GTC and information on the processing of personal data and confirming that he/she has become familiar with these GTC and information on the processing of personal data. The User is responsible for ensuring that the information provided is correct and up-to-date.

25. The Provider shall confirm the receipt of the Subscription Order to the User by e-mail to the User's e-mail address provided when creating the User's user account or in the Subscription Order (hereinafter referred to as the "User's e-mail address"). Depending on the nature of the Subscription Order, the Provider is entitled to ask the User for additional confirmation of the Subscription Order (for example, in writing).

Together with the confirmation of the order receipt, the Provider shall send the User the text of these GTC.

26. Sending and accepting the Subscription order means the User's obligation to pay the Subscription price and the Provider's obligation to make the Application available to the User and thus enable the User to use the services in the scope of the ordered Subscription under the terms and conditions set out in the Agreement and the GTC.

‍28
. Upon payment of the Subscription Fee, the Provider shall make the Application available to the User and allow the User to use the services for the Subscription period and to the extent of the prepaid credits. The above applies except for the free trial period of the Subscription (section D. below).

‍29. The User, who is a consumer, is hereby informed that if he expressly agrees to the provision of the Service before the expiry of the period for withdrawal from the Contract without giving a reason (according to clause 58.below), the User's right to withdraw from the Contract without giving a reason (according to clause 58.below) shall cease by giving such consent. If the consent under the preceding paragraph is not given, the Application will not be made available to the User until the expiry of the period for withdrawal from the Agreement without giving a reason pursuant to clause 58 below.

‍30
. The User agrees to the use of remote means of communication in concluding the Agreement. The costs incurred by the User in using distance communication means in connection with the conclusion of the Contract (in particular the cost of the Internet connection) shall be borne by the User, and shall not differ from the basic rate.

C. AUTOMATIC SUBSCRIPTION RENEWAL


31. The selected Subscription (monthly or annual) will be automatically renewed by the User for the next period of the same length (monthly or annual) and with the same number of subscription credits as for the previous Subscription period. Each time the Subscription is renewed, the User will be charged a fee according to the price list on the Website. Subscriptions will automatically renew repeatedly until the User cancels the automatic renewal of the Subscription.

32. The User may cancel the automatic renewal of the Subscription at any time, provided that the cancellation is always effective at the end of the current, already started period for which the Subscription has already been ordered or automatically renewed - during this period the User will continue to have access to the Application services. To cancel the automatic renewal of the Subscription, the User can simply access the Application on the website (within the settings of his/her user account).

33. The Provider shall not provide any monetary or other compensation for non-use of the Subscription, nor shall the Provider provide any refund for credits not used by the User during the relevant Subscription period.

‍29. The User, who is a consumer, is hereby informed that if he expressly agrees to the provision of the Service before the expiry of the period for withdrawal from the Contract without giving a reason (according to clause 58.below), the User's right to withdraw from the Contract without giving a reason (according to clause 58.below) shall cease by giving such consent. If the consent under the preceding paragraph is not given, the Application will not be made available to the User until the expiry of the period for withdrawal from the Agreement without giving a reason pursuant to clause 58 below.

‍30
. The User agrees to the use of remote means of communication in concluding the Agreement. The costs incurred by the User in using distance communication means in connection with the conclusion of the Contract (in particular the cost of the Internet connection) shall be borne by the User, and shall not differ from the basic rate.

C. AUTOMATIC SUBSCRIPTION RENEWAL


31. The selected Subscription (monthly or annual) will be automatically renewed by the User for the next period of the same length (monthly or annual) and with the same number of subscription credits as for the previous Subscription period. Each time the Subscription is renewed, the User will be charged a fee according to the price list on the Website. Subscriptions will automatically renew repeatedly until the User cancels the automatic renewal of the Subscription.

32. The User may cancel the automatic renewal of the Subscription at any time, provided that the cancellation is always effective at the end of the current, already started period for which the Subscription has already been ordered or automatically renewed - during this period the User will continue to have access to the Application services. To cancel the automatic renewal of the Subscription, the User can simply access the Application on the website (within the settings of his/her user account).

33. The Provider shall not provide any monetary or other compensation for non-use of the Subscription, nor shall the Provider provide any refund for credits not used by the User during the relevant Subscription period.

‍‍D.TRIAL SUBSCRIPTION PERIOD

34. New Users (i.e. persons who have not yet been Users of the Application) may take advantage of one free trial period of the Subscription. This means that new Users may use the Application services free of charge for the period and to the extent of the credits as indicated on the ordering webpage of the relevant Subscription type and as will also be indicated in the Subscription order confirmation.

35. After the end of the trial period of the Free Subscription, the Subscription will be automatically renewed, for the amount corresponding to the Subscription variant chosen by the User, and the User will be charged the relevant Subscription amount. Thereafter, the Subscription will continue to automatically renew in accordance with these GTC until the User cancels the automatic renewal of the Subscription.

36. If the User cancels the Subscription during the free trial period (i.e. no later than the last day of the trial period), the Subscription will not be automatically renewed. The User shall not be charged any amount of Subscription Fees for the use of the Services during the trial period of the Subscription.

‍IV.PRICING AND PAYMENT TERMS

37. The Website contains information about the types and options of Subscriptions, including pricing. Subscription prices are inclusive of any value added tax and all related fees. Subscription prices may be changed from time to time by the Provider. This provision does not limit the Provider's ability to enter into a Contract with the User on individually negotiated terms (including pricing terms).

38. The User may pay the Subscription Price to the Provider by the following methods:
- cashless payment by credit or debit card through the Internet payment gateway made available on the Website.

39. By submitting a Subscription order, the User authorizes the Provider to charge the User the fee according to the current Subscription price list, which is always available on the Website.

40. The User's obligation to pay the Subscription price is fulfilled when the relevant amount is credited to the Provider's account.

41. The User is obliged to pay the Subscription price in advance and the prior payment of the Subscription price is a condition for using the Application service (except for the free trial period of the Subscription).

42. Any discounts on the Subscription price granted by the Provider to the User cannot be combined with each other.

43. The Provider shall issue a tax document - invoice to the User regarding payments made on the basis of Subscription orders or the Agreement. The Provider is a payer of value added tax. The Provider shall issue a tax document - invoice upon payment of the Subscription price and send it to the User in electronic form to the User's e-mail address.

‍‍V.TERMS OF SERVICE

44. After creating a User Account, confirming acceptance of the Subscription Order and paying the Subscription Price, the User may use the Application's services by logging into his/her User Account within the Application's user interface - i.e., through the various forms available within the Application, create or process various types of digital content so that, based on the User's prompts, the generated content is created with the help of tools using artificial intelligence.

45. The User can create or process digital content using the Application services to the extent corresponding to the number of subscription credits (for the given period within the Subscription). The User shall be shown the current remaining number of Subscription Credits within the Application user interface.As part of the automatic renewal of the Subscription, existing unused Credits are always carried over to the next Subscription period. The User shall not be entitled to a refund for any Credit not used during the term of the Agreement.

46. The User acknowledges that the Application uses third party tools based on generative artificial intelligence for the purpose of creating and processing digital content, namely:

a) Open AI tools https://openai.com/ for text and image creation;
b) Stability AI tools https://stability.ai/ for creating images;
c) Segmind tools https://www.segmind.com/ for creating images;
d) ElevenLabs tools https://elevenlabs.io/ for creating sounds or voices
e) D-ID tools https://www.d-id.com/ for creating videos
f) Heygen tools https://www.heygen.com/ for creating videos

(hereinafter collectively referred to as "AI tools"). The AI Tools may be modified, changed, added or removed from time to time at Provider's discretion. Provider shall not be responsible for the functionality and output of the AI Tools.

47. The Services shall be provided in accordance with the Agreement, these GTC, as well as the terms of use of AI tools available on the websites referred to in the preceding paragraph for individual AI tools (hereinafter referred to as "terms of use of AI tools"). The User is obliged to respect and comply with the terms of use of AI tools, in particular in relation to the User's prompts and when using the generated content generated by the Application, and thus also by AI tools.

48. When using the Application, the User may not:

a) upload to the Application or generate content within the Application that violates legal regulations or good morals, decisions of courts or other state authorities or the rights or legitimate interests of third parties;
b) otherwise use the Application to violate legal regulations or to interfere with the rights or legitimate interests of third parties (including copyright, personality protection rights, personal data protection rights, etc.);
c) upload content to the Application or generate content within the Application that:
- is offensive, pornographic, deceptive, obscene, defamatory, violent or hateful;
- is discriminatory (e.g. homophobic, transphobic, racist, etc.);
- promoted bullying, personal attacks, harassment or doxing;
- violated copyright, copyright-related rights, industrial property rights or other rights of third parties;
- contained viruses, Trojan horses or malicious code;
- incited illegal activity or violated the law;
- was otherwise in violation of the AI Tools Terms of Use, the Agreement and these GTC.

‍‍49. The User warrants and is responsible for, in relation to any content that it uploads to the Application:

a) The User is the owner or authorized user (licensee or consent holder) in relation to all the User's Prompts and their content (including copyright and other intellectual property rights) and is fully entitled to upload all Prompts and their content to the Application, to process it within the Application and to allow the Provider and AI tool operators to use it in accordance with the Agreement, these GTC and the AI tool terms of use;
b) the User's prompts and their content do not violate any legal regulations, nor the rights or legitimate interests of third parties;
c) the User's prompts and their content do not include personal data of third parties, for the processing of which the User would not have the appropriate legal title (consent) through the Application and AI tools.

50. The User understands and agrees that his/her prompts and the content uploaded by him/her to the Application may be further used by the AI Tools Operator for further development of the AI Tools (including machine learning of the AI Tools) in accordance with these GTC and the AI Tools Terms of Use.

‍51
. In the event of a violation of the rules under this Article V. by the User, the Provider may, at its sole discretion, without prior notice and without compensation to the User, depending on the nature and extent of the violation:

a) remove any User prompt or User-generated Content, i.e.
b) suspend or terminate the User's account and delete any content associated with it;
c) restrict the User's access to the Application, including preventing access to the Application, to the User's content, as well as preventing the creation of a new user account for the same User;
d) notify the relevant government authorities of illegal content;
e) terminate the Agreement.

52. The Provider shall not be responsible for the prompts and content uploaded by the User to the Application, nor for the content generated by the User within the Application.‍

‍‍‍53. In relation to the generated content created or processed with the help of the Application, the User undertakes:

a) not to pass off the generated content as man-made content;
b) to verify that the generated content is correct, accurate, harmless, free of legal defects and adequate for the purpose for which the User intends to use it;
c) not to use the generated content for the purpose of making decisions about the rights and obligations of third parties that could have a serious impact on their lives (e.g. for the purpose of making decisions about employment, education, health, judicial decisions, etc.);
d) clearly indicate that the generated content is created with the help of an AI tool (AI generated content), if required by the terms of use of AI tools.

54. In view of the existing limits of AI-based tools and the fact that the generated content is based on the User's prompts and instructions, the Provider is not responsible for the accuracy, error-free or legally soundness of the generated content, nor for the fact that the use of the generated content will not infringe the rights or legitimate interests of third parties. Before using the generated content, the User is obliged to verify its accuracy, error-free and legal compliance, as well as the possibility of using the generated content. The User is liable for all legal consequences, including damages or non-pecuniary damages, caused by the use of the generated content.

‍55
. With regard to the functionality of the Application service, technical measures and the interaction of the Application with hardware and software , the following is required on the part of the User to use the Application:

- Internet browser Google Chrome, Safari or Mozilla Firefox
- stable Internet connection

For further questions, User support is available to Users at the email address info@dazbog..ai.

56. The Provider does not guarantee the continuous availability of all services offered through the Application. The Provider makes the necessary efforts for the continuous availability of the Application, but there may be planned or emergency maintenance, circumstances on the part of AI tool operators or other events for which the Application will not be accessible.

57. The Provider shall endeavour to ensure that the User Prompts and User Generated Content are available in the Application at least for the Subscription Period under which it was uploaded/generated by the User. However, Provider does not provide backups of prompts or generated content. The User acknowledges that he/she is aware of the risk of loss of the Prompts and Generated Content and that he/she is responsible for backing up the Generated Content at his/her own risk (for example, by downloading it to his/her end device).

‍‍VI.WITHDRAWAL FROM THE CONTRACT

58. In accordance with the provisions of Section 1829(1) of the Civil Code, the User, who is a consumer, has the right to withdraw from the Contract without giving any reason within fourteen (14) days from the conclusion of the Contract.

59. However, even a User who is a consumer may not withdraw from the Contract without giving a reason in the event that the Services are provided to the User with his/her express consent immediately after the confirmation of the Subscription order or at any time before the expiry of the withdrawal period pursuant to the preceding paragraph (within the meaning of the provisions of Section 1829 et seq. of the Civil Code), as the Contract is a contract pursuant to Section 1837(l) of the Civil Code.

60. The notice of withdrawal from the Contract pursuant to paragraph 58. must be sent to the Provider within the period specified in the same paragraph. For withdrawal from the Contract, the User may use the sample form attached to these GTC. The User shall send the withdrawal from the Contract in writing to the e-mail address info@dazbog.ai. The provisions of these GTC on delivery shall apply to the delivery of the withdrawal from the Contract. The Provider shall confirm the User's receipt of the withdrawal from the Contract without undue delay.

61. Furthermore, the User may withdraw from the Contract in cases and under the conditions provided for by the relevant legislation, in particular the Civil Code, the Contract or these GTC.

62. The Provider is entitled to withdraw from the Contract in the following cases:

a) the Provider decides not to continue providing the services or the price of AI tool suppliers changes significantly and it will not be possible for the Provider to provide the Application services at the originally agreed price;
b) in case of an obvious error in the price of the Subscription (prices obviously different from the usual price for this type of services - such as, for example, erroneous omission of a digit, price unreasonably low without indicating that it is a discount promotion, obvious errors in the description of the services, etc.);
c) the information provided by the User when creating a user account or ordering a Subscription is incomplete, obviously fictitious or raises doubts about the User's actual intention to use the Application in accordance with these GTC;
d) the User, when using the Application, violates binding legal regulations, good manners or the rules set forth in the Agreement, these GTC or the terms of use of AI tools;
e) in cases provided for by applicable laws, the Agreement or these GTC.

63. If the User has already paid the price of the Subscription, but as a result of withdrawal from the Contract cannot use it, the Provider shall refund to the User the pro rata part of the Subscription so paid corresponding to the number of unused Subscription Credits (compared to the total number of Subscription Credits for the given Subscription period), provided, however, that the Subscription Fee for the period in which the User could use the Application services shall not be refunded. The pro-rata portion of the Subscription Fee will be refunded to the User's bank account at the earliest possible date, usually within 10 business days, but no later than 30 days after the User's withdrawal from the Agreement. In the event that the User has exhausted all prepaid credits, the Subscription Fee will not be refunded even partially.

「VII.INTELLECTUAL PROPERTY AND USE OF CONTENT

A. PROMPTS AND UPLOADED CONTENT

‍64
. The User hereby grants the Provider a non-exclusive right to use all content that the User uploads to the Application - i.e. in particular the so-called prompts (input for AI tools), whether text, image, sound or audio-visual ("Prompts"),namely:

a) for the purpose of providing the Application service, i.e.
b)for the purposes of maintaining, further developing and improving the Application and AI tools services (including the possibility of using them for further machine learning);
c) including the right to transfer the Prompts and their content to the AI tools providers for further use in accordance with the terms of use of the AI tools;
d) for the purposes of fulfilling the Provider's legal obligations and enforcing the Agreement and these GTC;
e) for the purposes of promoting the Application and AI tools.

65. The User shall be fully responsible for granting the Provider the authorization to use the Prompts and their content within the meaning of the preceding paragraph. Permissions are granted for the use of the Prompts and their content in all uses necessary to achieve the purposes of the preceding paragraph, for the entire duration of the rights granted, for the territory of the whole world and without limitation as to the quantity and technology of use, including the possibility to further grant sublicenses for the use of the Prompts and their content.

‍B. GENERATED CONTENT

‍66
. Based on subscription credits, User may create digital content in the form of text, images, videos or audio tracks ("Generated Content") within the Application using AI tools based on the Prompts.

67. The User, taking into account the current state of knowledge of artificial intelligence and the conditions of use of AI tools, acknowledges that the Provider does not guarantee and is not responsible for the fact that the Generated Content will be original (unique), nor that it will enjoy protection as a copyright work or other intellectual property right in favour of the User, nor that it can be registered as a trademark in favour of the User.

68. The User is entitled to use the generated content for personal and commercial use, but always only in accordance with the terms of use of the AI tools and in compliance with generally binding legislation and respecting the rights and legitimate interests of third parties.

‍69
. The Provider shall be entitled to use the generated content for the purposes of providing the Application service, for the purposes of further developing and improving the services of the Application and the AI Tools, including the possibility of providing the generated content to the operators of the AI Tools for the purposes of their further development and improvement (including the possibility of using them for further machine learning), or for other purposes corresponding to the terms of use of the AI Tools, all even after the termination of the Agreement. The Provider shall also be entitled to use the generated content for the purposes of promotion of the Application and AI tools.

70. The rights are granted by the User to the Provider for the use of the generated content in all the uses necessary to achieve the purposes under the preceding paragraph, for the entire duration of the rights granted, for the territory of the whole world and without limitation as to the amount and technology of use, including the possibility to further grant sublicenses for the use of the prompts and their content.

‍C.PROVIDER'S INTELLECTUAL PROPERTY AND AI TOOLS

71. With the exception of the Prompts and the Generated Content, all logos, information and data provided on the Website, as well as the Application itself and all of its elements (its source code, data sets and other supporting documentation) are the intellectual property of the Provider or the respective AI tool operators, as the case may be, and the User is not granted any permission to use them.

「VIII.COMPLAINTS AND USER SUPPORT

72. The rights and obligations of the User and the Provider with regard to rights arising from defective performance shall be governed by the applicable generally binding regulations.

73. The User acknowledges that the Provider shall not be liable in any way for defects in the provision of services caused by improper use of the Application by the User, insufficient hardware or software on the part of the User, violation of the Agreement, these GTC, the terms of use of AI tools or legal regulations on the part of the User or other fault on the part of the User. The Provider shall also not be liable for defects in the provision of services caused by force majeure, such as power failure, natural disaster, civil unrest, state of war or state of emergency, etc.

74. In case of any queries regarding the functioning of the Application or any problems in using the Application, the User may contact the User Support via email at info@dazbog.ai.

75. The User may also make any claims in connection with the use of the Application by describing and documenting the defective performance in the e-mail sent to the e-mail address info@dazbog.ai. The moment of filing a claim is considered to be the moment when the Provider received notification from the User about the service defect. The Provider shall issue the User with a confirmation of when the User has exercised any right arising from the defects in the services provided, what is the content of the claim and what method of handling the claim the User requires.

76. Complaints are considered without undue delay, usually within 14 days of their submission. The Provider shall inform the User of the result of the assessment of the complaint by e-mail (confirmation of the method of handling the complaint, or justification of the rejection of the complaint). Recognized defects will be primarily resolved by correcting the claimed defect or by providing the User with a replacement prepaid credit of an appropriate value or by reducing the Subscription price accordingly.

‍IX.CONFIDENTIALITY AND TIMELINESS OF INFORMATION

77. The User should not disclose the password to his/her user account on the Application to anyone or reveal the details of the payment method (e.g. the last four digits of his/her credit or debit card) associated with the use of the Application.

78. The User is responsible for providing true and complete information when creating a User Account and ordering a Subscription and for updating such information in the event of any change.

‍X. PERSONAL DATA PROTECTION

79. Information on the processing of personal data in connection with the use of the Application is available here. When creating a user account and submitting a Subscription order, the User confirms that he/she has read this information on the processing of personal data.

「XI.DELIVERY

‍80
. The Provider and the User may deliver correspondence to each other by electronic mail, namely to:

- on the User's side to the User's e-mail address provided by the User when creating a User account or placing a Subscription order
- on the Provider's side to the Provider's e-mail address specified below in the Provider's contact details (Article 94).

‍XII.CHANGE OF PRICE LIST, CHANGE OF THESE VOP

‍81
. The Provider reserves the right to modify the prices for the Services or parts thereof over time at the sole discretion of the Provider.

82. In the event of an intended change in the prices of the Subscription from the current price list, Users who have an active Subscription will be notified of such change well in advance, but at least 1 month in advance, to the following e-mail address. In the event that the User does not agree to such change, the User is entitled to cancel the renewal of the Subscription for the next period until the corresponding price list change comes into effect. If the User fails to do so and the Subscription is renewed during the period when the change has already taken effect, the User agrees to the price list change and the change will continue to apply to the User and his Subscription.

83. These GTC may be amended at any time without prior written notice at the sole discretion of the Provider, and such amendments will apply to orders placed after the publication of such amendments.

84. However, Users who have an active Subscription will be notified of the intended change to the GTC well in advance, but at least 1 month in advance, to the following email address. In the event that the User does not agree with the change of the GTC, he/she may, until the corresponding change of the GTC comes into force, withdraw from the Agreement based on the current version of the GTC by sending an e-mail to the Provider's e-mail address; if the User does not do so, he/she shall be deemed to agree with the change of the GTC and it shall apply to the User and the Agreement from the moment of its effectiveness.

「XIII.SPECIAL ARRANGEMENTS WITH REGARD TO CONSUMER PROTECTION

‍85
. The User is a consumer unless, in entering into the Agreement and using the Application, he/she is acting in the course of his/her trade or other business.

86. If the User is a consumer, the User is entitled to the rights arising for consumers from these GTC and the relevant legislation of the Czech Republic, including the Civil Code and the Consumer Protection Act.

87. If the User is not a consumer, those provisions of these GTC that apply only to consumers shall not apply in relation to the User. The provisions of Sections 2389 to 2389 of the Civil Code shall also not apply to Users who are not consumers.

‍XIV.FINAL PROVISIONS

88. The Provider is not bound by any codes of conduct in relation to the User.

89. The Agreement, these GTC and all rights and obligations between the Provider and the User in connection with the use of the Application shall be governed by the laws of the Czech Republic.

90. In cases of legal proceedings in connection with the Agreement and these GTC, the courts of the Czech Republic shall have jurisdiction.

91. The User, who is a consumer, has the right to an out-of-court settlement of any dispute arising from the Contract. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20869, internet address: www.coi.cz.

92. If any provision of the GTC is or becomes invalid or ineffective, the invalid provision shall be replaced by the provision whose meaning comes closest to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

93. The Agreement, including the GTC, is archived by the Provider in electronic form and is available to the User within his/her user account and is sent to the User together with the confirmation of the Subscription order. A sample form for withdrawal from the Agreement is attached to the GTC.

94. Contact details of the Provider are as follows:
name: Intense Audio s.r.o.
address: Sečská 1855/27, Strašnice, 100 00 Prague 10, Czech Republic
e-mail address: Info@dazbog.ai

95. The current version of these GTC is always available on the website.

96. Contracts concluded pursuant to these GTC, these GTC and all previous versions thereof shall be stored with the Provider and the relevant Users shall be able to access them upon their reasonable request.

Prague, 30.12.2024

Privacy Policy


INFORMATION ABOUT THE PROCESSING OF PERSONAL DATA IN CONNECTION WITH THE USE OF THE DAZBOG.AI APP

‍This document provides you with information about how we process your personal data and what your rights are in relation to it, in case:
- You use the DAZBOG.ai (the "Application");
- You visit the Website or our social networking pages;
- You subscribe to our email newsletter; or
- As a user of the Application, interested in our goods or services or otherwise in connection with the Application, you contact us or otherwise provide us with your personal data

We have tried to make this information as clear as possible. If anything is unclear to you, we will be happy to explain any part or concept to you.

1. Who processes your personal data?


The controller of your personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter: "GDPR"), i.e. the one who determines and decides why and how we process your personal data, is our company:

IntenseAudio s.r.o.
IČ: 09859543

with its registered office at Sečská 27, Prague 10, 10000
registered in the Commercial Register at the Municipal Court in Prague, file no. C 343639
(hereinafter referred to as "Controller" or "Company").

You can contact our company with any questions, comments or requests regarding the processing of your personal data at the following contacts:

‍Email: info@dazbog.ai

2. How and why is your personal data processed?

When processing personal data, we are governed by the relevant legislation, in particular the GDPR. We only process your personal data for the following reasons and purposes:

2.1 it is necessary for the performance of a contract we enter into with you or for the performance of measures taken prior to entering into such a contract.

We enter into such contracts with you in connection with your interest in using the Application (in particular, on the basis of a subscription order, including a trial period).

The provision of personal data within the scope of the mandatory data in the order form is a necessary requirement for the conclusion and performance of the contract, without the provision of such personal data, the contract cannot be concluded or performed by the controller.


As part ofthe performance of such contracts, we then offer you the services of the Application, i.e. the possibility of generating content through artificial intelligence-based tools based on your prompts. If you provide personal data within your prompts, it will be processed by us as part of the performance of such contracts in order to provide the services in accordance with the terms and conditions of the Application and this privacy notice.

2. 2 This is necessary for the purposes of our legitimate interests.

Such legitimate interests of ours are to keep you informed of our activities and current offers via email newsletter and social media, and to present our activities to the public.

It is
also our legitimate interest to respond and answer your questions, suggestions or comments.

2.3 It is necessary for the performance of our legal obligations.

We process your personal data in this way for accounting purposes and in other cases where we are required to do so by law.

We process your personal data on the basis of your consent, for example if you register on our website for our regular e-mail newsletter.

We process your personal data for as long as our contractual relationship lasts or for which we have your consent. Thereafter, we only retain those of your personal data that are further necessary for the exercise of our rights, the performance of our obligations or the pursuit of our legitimate interests, or for which this is required by law.

The processing of your personal data does not involve automated decision-making or profiling on the part of the controller. However, this may occur based on your prompts (i.e. your explicit request) in the context of your use of the Application Services.

‍3. Which of your personal data do we process?

Personal data
means any information about an identified or identifiable natural person. As a general rule, we only process personal data that you provide to us or that we obtain with your knowledge, and in some cases also personal data that is publicly available about you. Such data may be your:

- first and last name,
- date of birth,
- place of residence,
- contact details (telephone, email, billing address, delivery address),
- bank account number, credit card details;
- details you provide about yourself on your social media profile through which you communicate with us,
- other personal data you provide to us, in particular in the context of using the Application.  

4. What personal data do we process on our website and social networking sites?

Your data is also processed when you simply visit our website.

When you visit our website, data is recorded which your internet browser automatically transmits to our server. In connection with your visit to our website, the following information is automatically recorded:

- IP address of your device,
- date and time of access,
- network from which you are accessing,
- browser and, if applicable, operating system of your computer and the name of your Internet access provider,
- any other data in accordance with your consent to the use of cookies for preferential, statistical and marketing purposes.

The aforementioned data is further processed in accordance with your consent or non-consent regarding the use of cookies on the website, which you will be asked for when you access the website.

If you actively visit (e.g. "like" our page, comment on or share our post or add a post to our page) our social media pages, your data as a social media user is made available to us in accordance with your user settings. We do not further process your personal data in this way. The controller of your personal data in this case is the operator of the respective social network.

5. Who else do we provide your personal data to and why?

‍In
the course of our company's business, there are cases when we provide your personal data to someone else.

We do so only in justified cases, if it is necessary for the performance of the contract we enter into with you (e.g. in the context of our cooperation with various AI tools) or for the functioning of our company (e.g. external accountants), i.e. to ensure our legitimate interests or the fulfilment of our legal obligations, or on the basis of your express consent.

The data that you upload to the Application (as part of your prompts) when using the Application is transferred to the operators of the AI-based tools as listed in the terms and conditions of the Application (hereinafter also referred to above as "AI tools") for their processing. The operators of the respective AI tools will also be the controller of your personal data in this case, and information on the processing of personal data by them is available on the websites of the AI tools listed in the terms and conditions of the Application.

As part of the above, the data you upload to the Application may also be transferred to countries outside the European Union (if the operators of the AI Tools are persons based outside the European Union). We also store some of your personal data via internet cloud services or within an email client or within our company's user profiles on social media.   

6. What rights do you have in relation to your personal data?

You have the following rights in relation to your personal data, which you can exercise against us under the terms of the GDPR:

- the right to obtain confirmation of the (non-)processing of your personal data and to access the personal data relating to you that we process;
- the right to have your personal data corrected or completed if it is inaccurate or incomplete;
- the right to erasure or restriction of the processing of your personal data if the conditions set out in the legislation are met;
- the right to object to the processing of personal data concerning you;
- the right to transfer your personal data to another controller.

In the event that we process some of your personal data on the basis of your consent, you have the right to withdraw your consent to the processing of such personal data at any time by sending a written communication (e-mail) to info@dazbog.ai. If you believe that the processing of your personal data by our company is in violation of the law, you have the right to file a complaint with the supervisory authority, which is:


Office for Personal Data Protection ID: 70837627
with its registered office at Pplk. Sochora 27, 170 00 Prague 7 w
ww:https://www.uoou.cz

The Controller is entitled to update and change this information on the processing of personal data, and will always publish the new version on its website and will also send you a new version of these terms and conditions to the e-mail address you have provided to the Controller.

In Prague, 9.7.2024
‍IntenseAudio s.r.o.