1.1. Kaleido develops and operates the software solution remove.bg, a web-based application for editing pictures. Contractual object is the appropriation of image data by the data provider for further development of the artificial intelligence of the application (hereinafter referred to as “the system“).
2.1. Contractual object is the concession of rights in accordance to point 3 of this agreement by the data provider to Kaleido regarding to the image data selected by Kaleido (hereinafter referred to as “the content“).
2.2. The data provider freely selects and provides images using the upload form.
2.3. Kaleido is not obliged to use the contents provided.
2.4. The General Terms and Conditions apply.
3.1. The data provider grants Kaleido the non-exclusive and irrevocable right to use the provided contents for the further development of the system without any regional or temporal restrictions. The contents may be used exclusively for the improvement of remove.bg. Contents can be used for the purpose of product improvement both internally and by external suppliers and partners of Kaleido. The contents will not be published or used in any other way.
4.1. Kaleido is only liable for damages due to culpable breach of contract in case of own negligence or that of a vicarious agent for intent or gross negligence. This does not apply to injury for life or health. The compensation of lost profit and consequential damages is excluded.
4.2. The data provider guaranties that by the provided contents no rights from third parties are violated (in particular copyrights, ancillary copyrights, personality rights, industrial property rights etc.) and will hold Kaleido harmless from all claims made by third parties without recourse and without compensation.
5.1. The terms and conditions of the data provider do not apply.
5.2. The place of performance for all services under this contract is Vienna, Austria.
5.3. The court of jurisdiction for legal disputes arising from or in connection with this contract is the factually competent court in the first district of Vienna (Wien Innere Stadt).
5.4. For legal disputes arising from this contract applies only Austrian law. The application of United Nations Convention on Contracts for the International Sale of Goods, the reference to the provisions of Austrian private international law and regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I Regulation) is excluded.
5.5. Modifications and/or amendments to this agreement must be made in writing in order to be legally effective; any deviation from this provision also requires the written form.
5.6. Should individual clauses in this agreement be or become void, unenforceable and/or invalid, this will in no way lead to the entire agreement being void, unenforceable and/or invalid. In this case, both parties undertake to agree on an effective clause instead of the void, unenforceable and/other invalid provisions which comes closest to the economic purpose of the void, unenforceable and/other invalid regulation.
5.7. Language of contract is German. The German version of this agreement has precedence over any foreign language versions and is binding in case of doubt.