Improvement Program Conditions
Last updated: 08 January 2024
1.1. Remove.bg, a Canva Austria GmbH brand (“Operator”), 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. Contractual Object
2.1. Contractual object is the concession of rights in accordance to point 3 of this agreement by the data provider to Operator regarding to the image data selected by Operator (hereinafter referred to as “the content“).
2.2. The data provider freely selects and provides images using the upload form.
2.3. Operator is not obliged to use the contents provided.
2.4. The General Terms and Conditions and Terms of Service apply.
3. Rights of Use
3.1. The data provider grants Operator 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 Operator. The contents will not be published or used in any other way.
4. Warranty and liability
4.1. Operator 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 guarantees 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 Operator harmless from all claims made by third parties without recourse and without compensation.
5. Final provisions
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. Operator may modify these Improvement Program Conditions (and any policies or agreements referenced in these Improvement Program Conditions) at any time. We will post the most current version of these Improvement Program Conditions on remove.bg. We will provide you with reasonable notice of any change to the Improvement Program Conditions that, in our sole determination, materially adversely affect your rights or your use of the Service. We may provide you this notice via the Service and/or by email to the email address associated with your account. By continuing to use the Service after any revised Improvement Program Conditions become effective, you agree to be bound by the new Improvement Program Conditions.
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. Any non-English translations of these Improvement Program Conditions are provided for convenience only. The English version of these Improvement Program Conditions will control.