Terms of Service

Acceptance and Formation

These AI Studio Terms of Service (the Contract) govern access to and use of the AI Studio platform provided by Synthetic White AI Studio AB, a company incorporated under the laws of Sweden with its registered office in Sweden (the Supplier or Synthetic White).

The Plan is agreed between the Supplier and the customer (the Customer) before purchase. By ticking the acceptance box at checkout and completing payment for the agreed Plan, the Customer accepts this Contract, the Data Processing Agreement and the Plan Description. The Supplier and the Customer are together referred to as the Parties and individually as a Party.

The Contract comes into force on the date stated in the Order Confirmation issued by the Supplier following purchase (the Effective Date). The Order Confirmation identifies the Customer and sets out the commercial terms of the Customer’s subscription.

The individual completing checkout warrants that they are authorised to enter into this Contract on behalf of the Customer and that the Customer is acting in the course of its business and not as a consumer.

The version of this Contract in force is the version published at the time of purchase, identified by the version number and effective date above. A copy is made available to the Customer with the Order Confirmation.

Order of precedence

In the event of conflict, the following order applies: (1) the Data Processing Agreement, in respect of personal data processed by the Supplier on behalf of the Customer; (2) the Order Confirmation; (3) the Plan Description; (4) this Contract.

1. Background and Purpose

Synthetic White provides a proprietary white label AI driven content production platform known as AI Studio (the Platform). The Customer wishes to access and use the Platform for automated content creation, editing, and localization. This Contract defines the terms under which Synthetic White provides access to the Platform and related services.

2. Definitions

Order Confirmation means the confirmation issued by the Supplier following the Customer’s purchase, identifying the Customer, the agreed Plan, the fee paid and the billing cycle.

Plan Description means the description of the Plans presented to the Customer at checkout at the time of purchase, setting out for each Plan the content listed in Section 3.1.

Authorized Users means employees, agents, or contractors of the Customer who are permitted to access the Platform.

Customer Data means all data, images, videos, audio, text, prompts and other content uploaded on the Platform by or on behalf of the Customer, including by its Authorized Users.

Generated Content means all content generated by the Platform at the request of the Customer or its Authorized Users, whether or not on the basis of Customer Data.

Plan means the subscription package agreed between the Parties and set out in the Order Confirmation.

Monthly Production Allowance means the monetary production value included in the Plan for each monthly billing cycle, also where the fee is paid for a longer billing period, as stated in the Plan Description. The Allowance may be spent on any combination of chargeable asset types available on the Platform.

Consumption Rate means the value deducted from the Monthly Production Allowance for a given generation or upscaling operation, as determined by the Supplier from time to time.

Top-Up means additional production value purchased by the Customer beyond the Monthly Production Allowance, as set out in Section 3.6 and Section 14.

Commitment Rebate means the discount off the Supplier’s list subscription pricing, and off the list rate for additional consulting hours, that the Customer receives in consideration of its twelve (12) month commitment, at the percentage stated in the Plan Description.

Top-Up Bonus means the additional production value, stated as a percentage of the amount paid in the Plan Description, credited to the Customer’s balance in addition to the amount paid for a qualifying Top-Up.

Initial Term means the twelve (12) month period from the Effective Date as defined in Section 3.3 or, following an upgrade, the new twelve (12) month period that commences under Section 3.5A.2.

Renewal Date means the day following the last day of the Initial Term or of any subsequent renewal term.

3. Commercial Terms

3.1 The Plan

The Customer subscribes to the Plan agreed and paid for at checkout. The Order Confirmation identifies the Customer, the agreed Plan, the fee paid and the billing cycle.

The content of the Plan is as presented to the Customer at checkout at the time of purchase (the Plan Description), which forms an integral part of this Contract. The Plan Description states, for each Plan:

• the fixed monthly fee;
• the Monthly Production Allowance;
• the number of Authorized Users;
• the included storage;
• the onboarding hours and the consulting hours per month;
• the Commitment Rebate;
• the Top-Up Bonus and the minimum qualifying Top-Up value.

The Plan Description as presented at the time of purchase applies for the duration of the Customer’s then current term. Changes to the Plans take effect for an existing Customer from its next Renewal Date, in accordance with Section 17.2.

The Supplier retains a record of the Plan Description applicable to each Order Confirmation and makes it available to the Customer on request. All fees are stated in USD.

3.2 Monthly Production Allowance

The Plan includes a Monthly Production Allowance expressed as a monetary production value per monthly billing cycle. Allowance is consumed at the Consumption Rates in effect at the time each asset is generated or upscaled, and the remaining balance is expressed as a monetary value.

The Plan Description may state indicative output volumes for each Plan. Such volumes are illustrative only, are calculated at the Consumption Rates in effect on the Effective Date, and are not a guaranteed output volume. All formats, resolutions, durations and models available on the Platform draw on the same Monthly Production Allowance at the Consumption Rates in effect at the time of generation, as set out in Section 14. Unused Allowance expires in accordance with Section 14.4.

3.2.1 Output Included Without Allowance Consumption

The following output is included in the Plan at no cost and does not draw on the Monthly Production Allowance:

• image generation at 1K and 2K resolution
• video generation at 480p resolution

This output is included without volume limit, subject to fair and reasonable use. Where the Customer’s usage materially exceeds normal production patterns and affects Platform performance for other customers, the Supplier may notify the Customer and apply reasonable temporary limits to such output until the Parties have agreed limits in writing.

3.3 Term and Commitment

The Customer commits to an Initial Term of twelve (12) months from the Effective Date.

The fixed monthly fee is payable for the full Initial Term. The Customer may not terminate the Contract during the Initial Term other than as expressly set out in Section 3.4, 11.5 and 18.4 of this Contract or Section 5.5 of the Data Processing Agreement.

3.4 Evaluation Period

3.4.1The first thirty (30) calendar days following the Effective Date constitute an evaluation period during which the Customer may test the Platform in full production.

3.4.2Where the Order Confirmation or Plan Description states a discounted introductory price, that price applies for the period stated there.

3.4.3The Customer may terminate this Contract by written notice to the Supplier, provided such notice is received by the Supplier before the expiry of the thirty (30) day evaluation period. Termination under this Section takes effect at the end of that period and the Customer owes no fees beyond the fee for the first month. Where the Customer has paid the Initial Term in advance, the Supplier refunds the prepaid fees for the remainder of the Initial Term, less the fee for the first month.

3.4.4If no such written notice is received before the expiry of the thirty (30) day evaluation period, the twelve (12) month commitment set out in Section 3.3 becomes binding in full and may thereafter be terminated early only as set out in Section 3.3.

3.4.5Where the Customer terminates under Section 3.4.3, the Customer will have seven (7) calendar days from the effective date of termination to remove all Customer Data from the Platform. After that period the Supplier will permanently delete the Customer’s instance and all remaining data.

3.5 Automatic Renewal, Renewal Notice and Termination

3.5.1Unless terminated in accordance with this Section, the Contract renews automatically on the Renewal Date for a further fixed term of twelve (12) months on the Plan then in effect, at the Supplier’s pricing applicable at that time.

3.5.2The Supplier will notify the Customer in writing of the upcoming renewal, the renewing Plan and the applicable pricing no later than forty-five (45) days before the Renewal Date.

3.5.3The Customer may terminate the Contract with effect from the Renewal Date by written notice received by the Supplier no later than thirty (30) days before the Renewal Date.

3.5.4If no such notice is received within that period, the Contract renews as set out in Section 3.5.1 and the renewed twelve (12) month term is binding.

3.5A Plan Changes During the Term

3.5A.1The Customer may upgrade to a higher Plan at any time during a running term. An upgrade takes effect from the start of the monthly billing cycle following the Supplier’s written confirmation, and a new Order Confirmation is issued. The written confirmation states the new Initial Term under Section 3.5A.2, and the upgrade takes effect only upon the Customer’s express acceptance of that confirmation.

3.5A.2On an upgrade, a new Initial Term of twelve (12) months commences on the effective date of the upgrade and replaces the remainder of the term then running. The fixed monthly fee, Monthly Production Allowance, Authorized Users, included storage, included hours, Commitment Rebate and Top-Up Bonus of the higher Plan apply from the same date.

3.5A.3The Customer may not downgrade to a lower Plan during a running term. The term then running continues to its Renewal Date. A downgrade may take effect from the next Renewal Date and requires written notice received by the Supplier no later than thirty (30) days before that Renewal Date, in accordance with Section 3.5.3.

3.6 Rebates and Bonus

3.6.1Commitment Rebate. In consideration of the twelve (12) month commitment under Section 3.3, the Customer receives the Commitment Rebate stated in the Plan Description off the Supplier’s list subscription pricing. The rebate is reflected in the fixed monthly fee payable and applies for the duration of the Initial Term and of each renewal term.

3.6.2The Commitment Rebate also applies to additional consulting hours purchased under Section 8, at the same percentage and with no minimum purchase.

3.6.3The Commitment Rebate is granted on the basis of the full twelve (12) month commitment of the term in question. Where the Supplier terminates this Contract under Section 11.5 or 11.7 due to the Customer’s breach, the Supplier may invoice the Commitment Rebate granted during the term in question. No Commitment Rebate is reclaimed in any other case of termination.

3.6.4Top-Up Bonus. Qualifying Top-Up purchases receive the Top-Up Bonus as set out in Section 14.2.

3.6.5The Commitment Rebate, the Top-Up Bonus and the minimum qualifying Top-Up value are fixed for the duration of the current term and are not affected by changes to list pricing.

3.7 Platform Availability and Conformity

3.7.1The Platform is hosted in a multi tenant environment with backup instances designed for continuous availability. The Supplier does not guarantee that the Platform will be available without interruption.

3.7.2If the Platform is materially unavailable for more than five (5) consecutive days, other than during maintenance notified in advance, the fixed monthly fee is reduced pro rata for the period of unavailability.

3.8 Custom Automation

If the Customer requires automated workflows or custom internal applications beyond the consulting hours included in the Plan, the Supplier will provide a separate quotation.

4. Access and License

The Supplier grants the Customer a non exclusive, non transferable license to access and use the Platform for the Customer’s business purposes during the term of the Contract. The license terminates on termination or expiry of the Contract. The Supplier may suspend access to the Platform in accordance with Sections 5.4 and 19.4, and where reasonably necessary to protect any legitimate interest of the Supplier, including but not limited to the security or integrity of the Platform, to comply with applicable law, or where required by a third party model provider. Usage is limited to the number of Authorized Users stated in the Plan Description unless otherwise agreed in writing. The Customer may use Generated Content for any lawful purpose, including external publication, commercial exploitation and resale. The Customer is responsible for the acts and omissions of its Authorized Users and for keeping their login credentials secure.

5. Fees and Payment Terms

5.1Payment Card. The Customer registers valid payment card details at checkout and keeps those details valid, current and sufficiently funded throughout the term. The Customer authorises the Supplier, and any payment processor acting on its behalf, to charge that card automatically for all amounts due under this Contract, without further approval being required for each charge. The authorisation is given in accordance with the payment mandate presented at checkout, and the Customer completes any authentication required by the payment processor for the initial charge.

5.2The following are charged automatically to the registered payment card:

• the fixed monthly fee, charged on the billing date stated in the Order Confirmation;
• Top-Ups, at the time of purchase;
• additional consulting hours, at the time of purchase;
• additional storage, monthly for as long as the additional storage is in use.

No usage beyond the available balance is charged. When the balance reaches zero, chargeable operations are paused as set out in Section 14.3.

5.3A receipt is issued for each charge and made available to the Customer.

5.4Failed Payment. If a charge is declined, the Supplier will notify the Customer and may re-attempt the charge. If payment is not received within ten (10) days of the first failed attempt, the Supplier may suspend the Customer’s access to the Platform until payment is made. Suspension does not release the Customer from the commitment under Section 3.3 and fees continue to accrue during any period of suspension.

5.5The Customer keeps its registered payment card and billing contact details current. Failure to maintain a valid card is treated as failed payment under Section 5.4.

5.6All fees are stated in USD and are exclusive of VAT and applicable taxes.

5.7Payment by Invoice. Where the Order Confirmation states that the Customer pays by invoice, the following applies instead of Sections 5.1, 5.2 and 5.5:

• The fixed fee is invoiced in advance for each billing period stated in the Order Confirmation and is payable within ten (10) days of the invoice date by bank transfer to the account stated on the invoice, quoting the invoice number.
• The subscription and the Effective Date commence when the Supplier has received payment of the first invoice.
• Invoices for subsequent billing periods are issued no later than the first day of each billing period.
• Top-Ups, additional consulting hours and additional storage are invoiced on purchase on the same terms.
• If an invoice remains unpaid seven (7) days after its due date, the Supplier may suspend the Customer’s access to the Platform until payment is received. Section 5.4 applies correspondingly.
• Interest on late payment accrues in accordance with the Swedish Interest Act (räntelagen (1975:635)).

6. Intellectual Property and Data Ownership

6.1The Supplier retains full ownership of the Platform, models, interfaces, software, and infrastructure.

6.2The Customer retains all rights in Customer Data. The Customer grants the Supplier a non-exclusive, royalty-free right to use, store, copy and process Customer Data during the term of the Contract, solely to the extent necessary to provide, maintain and support the Platform for the Customer, including retaining Customer Data in the brand reference library. This right does not extend to using Customer Data or Generated Content to train, fine-tune or otherwise improve any AI model.

6.3As between the Parties, all rights in Generated Content vest in the Customer, and the Supplier assigns to the Customer any rights it may have in Generated Content. The Supplier gives no warranty that Generated Content is protected by intellectual property rights, or that it is unique or exclusive to the Customer.

7. Storage and Service Limits

The Customer receives the included storage stated in the Plan Description. If storage is exceeded the Supplier may pause further uploads until additional storage is purchased or unused data is removed. Additional storage is available at the Supplier’s rates in effect at the time, made available to the Customer on request.

8. Support Services

The Supplier responds to support requests within forty-eight (48) hours, counted on business days in Sweden.

The Plan includes the onboarding hours stated in the Plan Description, delivered once at the start of the Contract, and the consulting hours per month stated there, for ongoing support, training and workflow development.

Unused monthly consulting hours do not carry over between months unless otherwise agreed in writing.

Additional consulting hours may be purchased at any time during the term, in any quantity, at the Supplier's list hourly rate in effect at the time, less the Commitment Rebate. No minimum purchase applies. Purchased hours are charged in full at the time of purchase.

9. Customer Responsibilities and Indemnification

The Customer is solely responsible for all Customer Data and all Generated Content.

The Customer is responsible for reviewing and approving all Generated Content before publication or use.

The Customer shall indemnify and hold the Supplier harmless from any third party claims, and resulting liabilities and damages, arising from Customer Data or from the Customer’s use, publication or distribution of Generated Content. This indemnity does not apply to the extent a claim results from the Supplier’s breach of this Contract or the Data Processing Agreement. The Supplier shall notify the Customer promptly of any such claim, allow the Customer to control its defence and settlement, and provide reasonable assistance at the Customer’s cost. The Supplier may not settle such a claim without the Customer’s prior written consent.

10. Confidentiality

10.1Each Party shall keep confidential all non public information received from the other Party in connection with this Contract that is marked as confidential or should reasonably be understood to be confidential (Confidential Information), and shall use it only for the purposes of this Contract. Customer Data is Confidential Information of the Customer.

10.2The obligation does not apply to information that (a) is or becomes public other than through breach of this Section, (b) the receiving Party already held or developed independently, or (c) the receiving Party is required to disclose by law, regulation, court order or stock exchange rules, in which case it shall, where permitted, inform the other Party before disclosure.

10.3A Party may disclose Confidential Information to its employees, advisers, subcontractors and subprocessors who need it for the purposes of this Contract and are bound by equivalent confidentiality obligations.

10.4This Section applies during the term of this Contract and for three (3) years after its termination or expiry.

11. Term and Termination

11.1The Initial Term of this Contract is twelve (12) months from the Effective Date.

11.2Early termination during the Initial Term or any renewal term is available only as set out in Section 3.3.

11.3The Contract renews automatically for successive twelve (12) month terms in accordance with Section 3.5. The Supplier gives written renewal notice no later than forty-five (45) days before each Renewal Date, and the Customer may terminate with effect from that Renewal Date by written notice received no later than thirty (30) days before it.

11.4Where the Customer upgrades to a higher Plan during a running term, a new twelve (12) month term commences in accordance with Section 3.5A and the Renewal Date is adjusted accordingly. Downgrades take effect only from a Renewal Date.

11.5Either Party may terminate immediately for material breach if the breach is not cured within fourteen (14) days after written notification.

11.6On termination or expiry the Customer will have thirty (30) calendar days to export all Customer Data and Generated Content from the Platform (seven (7) calendar days where the Contract is terminated under Section 3.4.3, as set out in Section 3.4.5), after which the Supplier will permanently delete the Customer’s instance and all remaining data.

11.7The Supplier may terminate this Contract by written notice where a payment has been overdue for more than thirty (30) days after suspension under Section 5.4. Termination does not affect the Supplier’s right to fees accrued before termination or to compensation for its loss under applicable law.

12. Limitation of Liability

12.1The Customer is responsible for reviewing and approving all Generated Content before publication or use. The Supplier does not warrant that Generated Content is original, unique, fit for any particular purpose, or free from similarity to third party content, and is not liable for the Customer’s use, publication or distribution of Generated Content or for decisions taken by the Customer based on the Platform or its outputs.

12.2Neither Party is liable to the other for indirect or consequential loss, including loss of profit, revenue, business, goodwill or anticipated savings.

12.3Except as set out in Section 12.4, the Supplier is not liable for any loss or damage under or in connection with this Contract. The Customer’s remedy for unavailability of the Platform is the price reduction under Section 3.7.2.

12.4The limitations in Sections 12.2 and 12.3 do not apply to (a) loss caused by a Party’s intent or gross negligence, (b) personal injury, (c) breach of Section 10 (Confidentiality) other than in respect of Customer Data, (d) the Customer’s payment obligations, or (e) liability that cannot be limited under mandatory law.

12.5A claim must be notified in writing within six (6) months after the claiming Party became aware, or should have become aware, of the circumstances giving rise to it.

13. Governing Law and Dispute Resolution

This Contract is governed by the laws of Sweden.

Any dispute shall be resolved in the courts of Sweden with the District Court of Stockholm as the court of first instance.

14. Production Allowance and Consumption Rules

14.1 Overview

The Platform operates on a monthly production allowance model. Each chargeable generation or upscaling operation draws from the Monthly Production Allowance included in the Plan. Consumption is calculated at the time an asset is generated or upscaled.

Image generation at 1K and 2K resolution and video generation at 480p resolution are not chargeable and do not draw on the Monthly Production Allowance, as set out in Section 3.2.1. All other generation and upscaling operations are chargeable.

The Platform is developed continuously and new models, formats, resolutions and features are released on an ongoing basis. Such additions are made available to the Customer as part of the Platform and consume Allowance at the Consumption Rates in effect at the time of generation.

The Supplier sets Consumption Rates and Top-Up list pricing from time to time, subject to Section 14.5. The Supplier may retire models, formats or features.

The Supplier determines which model is used for each operation, selecting a model that is suitable for the Customer's stated purpose and reasonably cost efficient for the Customer.

14.2 Top-Up Purchases

Production volume beyond the Monthly Production Allowance may be purchased as a Top-Up. On any single Top-Up purchase where the amount paid is at least the minimum qualifying value stated in the Plan Description, the Customer receives the Top-Up Bonus. The Bonus is calculated as a percentage of the amount paid and is credited to the Customer’s balance in addition to that amount. Top-Up purchases below the minimum qualifying value are permitted but do not qualify for the Top-Up Bonus.

A Top-Up may be purchased at any time during the term, with no minimum frequency, advance notice or approval required, and takes effect immediately on purchase.

14.3 Balance and Consumption Reporting

The Customer’s remaining Monthly Production Allowance and any purchased Top-Up value, including any Top-Up Bonus credited, are held as a single account balance expressed as a monetary value. Each chargeable operation reduces that balance by the applicable Consumption Rate at the time of generation.

When the balance reaches zero, chargeable operations are paused until the Customer purchases a Top-Up or the Monthly Production Allowance renews at the start of the next monthly billing cycle. No usage beyond the available balance is charged. Output included under Section 3.2.1 remains available.

The remaining balance is displayed in the Platform in real time.

14.4 Carryover Rules

Purchased Top-Up value, including any Top-Up Bonus credited, carries over from month to month until it is fully consumed. The Monthly Production Allowance included in the Plan renews at the start of each monthly billing cycle, also where the fee is paid for a longer billing period, and any unused Allowance from the monthly base expires at the end of that monthly billing cycle. The Monthly Production Allowance is consumed before any purchased Top-Up value.

Unused Top-Up value, including any Top-Up Bonus, lapses without refund on termination or expiry of this Contract, except where the Contract is terminated by the Customer under Sections 11.5 or 18.4 or under Section 5.5 of the Data Processing Agreement. In those cases the Supplier refunds the amount paid for unused Top-Up value, excluding any Top-Up Bonus.

14.5 Changes to Consumption Rates and List Pricing

14.5.1Consumption Rates and Top-Up list pricing in effect at any given time apply to operations carried out and purchases made from that time. New and updated models, formats and features take effect at the rates applicable on their release, and changes to Consumption Rates and Top-Up list pricing take effect without prior notice. Changes apply prospectively only and do not affect assets already generated or Top-Ups already purchased. For the avoidance of doubt, the notice periods in Sections 3.5.2 and 3.5.3 concern renewal only and do not apply to this Section.

15. Marketing and Case Study Rights

15.1The Customer grants the Supplier the right to reference the Customer’s name, logo, and use of the Platform for marketing and promotional purposes. This includes, without limitation, use on the Supplier’s website, presentations, sales materials, proposals, investor materials, social media, and advertising.

15.2The Supplier may create and publish case studies describing the Customer’s use of the Platform, provided that no confidential information is disclosed. All case studies will focus on creative output, workflow improvements, or general results and will not reveal any confidential commercial terms unless separately agreed. Generated Content is shown in a case study only with the Customer’s prior written approval.

16. Data Protection

16.1Each Party shall process personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (EU) 2016/679.

16.2Where the Supplier processes personal data on behalf of the Customer in connection with Customer Data and Generated Content, the Customer acts as data controller and the Supplier acts as data processor. That processing is governed by the Data Processing Agreement, available at commercial.syntheticwhite.com/legal/dpa, which is incorporated into and forms an integral part of this Contract.

16.3The Data Processing Agreement in force at the time of purchase applies, as updated from time to time in accordance with Section 16.5. A copy is made available to the Customer with the Order Confirmation.

16.4The Supplier processes account and contact data of Authorized Users, log data, cookie data and billing data as an independent data controller for its own purposes. That processing is described in the Supplier’s Privacy Policy, available at commercial.syntheticwhite.com/legal/privacy, and is not governed by the Data Processing Agreement.

16.5The Supplier may issue updated versions of the Data Processing Agreement to reflect changes in applicable law, in the Platform, or in its processing practices. The Supplier will notify the Customer in writing of any update that materially affects the Customer no later than thirty (30) days before it takes effect. No update will materially reduce the level of protection afforded to personal data under the version in force at the time of purchase.

17. Changes to these Terms

17.1The Supplier may issue updated versions of this Contract. Each version is identified by a version number and an effective date, and superseded versions are retained by the Supplier and made available to the Customer on request.

17.2For a Customer with a running term, an updated version takes effect from the next Renewal Date. The version in force during a running term is the version accepted at the time of purchase or at the most recent renewal.

17.3The Supplier will notify the Customer in writing of the version that will apply on renewal no later than forty-five (45) days before the Renewal Date, together with the renewal notice under Section 3.5.2. The Customer may terminate with effect from the Renewal Date in accordance with Section 3.5.3 if it does not accept the updated version.

17.4Section 17.2 does not apply to changes required by law or by a competent authority, which take effect on the date required.

18. General

18.1Notices. Notices to the Customer are given by email to the billing contact address stated in the Order Confirmation or in the Customer’s account. Notices to the Supplier are given by email to subscription@syntheticwhite.com or through the customer portal in the Platform. A notice sent by email is deemed received on the first business day in Sweden after it was sent.

18.2Assignment. Neither Party may assign this Contract without the other Party’s written consent, except that the Supplier may assign it in connection with a merger, reorganisation or sale of all or substantially all of its assets.

18.3Subcontractors. The Supplier may engage subcontractors to perform its obligations and remains responsible for their performance.

18.4Force Majeure. Neither Party is liable for failure to perform caused by an event beyond its reasonable control, including war, natural disaster, failure of public infrastructure, and the unavailability of third party model providers or cloud infrastructure. Payment obligations are not suspended by this Section. If a force majeure event prevents the Supplier from providing the Platform in all material respects for more than sixty (60) consecutive days, either Party may terminate this Contract by written notice with immediate effect, and no fixed monthly fees fall due for the period after termination.

18.5Severability. If any provision of this Contract is held invalid or unenforceable, the remainder continues in force and the invalid provision is replaced by a valid provision reflecting its intent as closely as possible.

18.6Entire Agreement. This Contract, together with the Order Confirmation, the Plan Description and the Data Processing Agreement, constitutes the entire agreement between the Parties in respect of the Platform and supersedes all prior proposals and representations.

18.7Survival. Sections 6, 9, 10, 11.6, 12, 13, 14.4, 16, 19.1 and 19.2, and any payment obligations accrued before termination or expiry, survive termination or expiry of this Contract.

19. AI Transparency and Acceptable Use

19.1Generated Content may contain machine-readable marking indicating that it is artificially generated or manipulated, applied by the Supplier or by the provider of the underlying model, for example C2PA metadata or an invisible watermark. The Customer shall not remove, alter or obscure such marking.

19.2Where Generated Content constitutes a deep fake within the meaning of Regulation (EU) 2024/1689, or is text published to inform the public on matters of public interest, the Customer, as deployer, is responsible for making the disclosures required under Article 50(4) of that Regulation.

19.3The Customer shall not use the Platform to generate or attempt to generate (a) sexual or intimate content depicting a real, identifiable person without that person’s consent, (b) any content depicting minors in a sexual context, (c) content intended to deceive by impersonating a real person, including by cloning a person’s voice without consent, (d) content based on or infringing the intellectual property or other rights of third parties, unless the Customer holds the necessary rights, or (e) content that is otherwise unlawful.

19.4The Supplier may suspend the Customer’s access to the Platform without prior notice where it reasonably suspects a breach of Section 19.3, and any such breach constitutes a material breach under Section 11.5.