AdaLab Terms of Use

Scope of the Terms of Use

AdaLab UG (hereinafter "AdaLab") provides an artificial-intelligence tool, "Plazmapunk", to create music videos (hereinafter "AI music video tool") through the website https://www.plazmapunk.com/ (hereinafter the "Platform"). All access and use of the Platform is subject to the provisions contained in these Terms of Use (hereinafter "Terms"). These Terms govern the relationship between AdaLab and the users (hereinafter "Users") with regard to the use of the Platform.

Changes to the Terms

AdaLab is entitled to update or amend provisions of these Terms at any time with effect for the future ("Changes of the Terms"). Changes of the Terms will be announced to the User in good time before it takes effect by e-mail, as a rule 15 days beforehand.

AdaLab Service

The AI music video tool can generate music videos (hereinafter "Assets") based on the music which is provided by the User (hereinafter "AdaLab Service").

Registration and account

• Creating a user account requires either registration via the Users Google, Microsoft or Discord Account or the specification of the User's first and last name as well as a current e-mail address.
• After providing the information required for registration, the User receives an e-mail to confirm the registration request and to complete the registration on the basis of the previously accepted Terms. After successful registration, the User receives a registration confirmation from AdaLab.
• After the successful registration, the User account on the Platform is created. For this purpose, an email address and a password are required (hereinafter "Log-in Data"). The User is obliged to handle the Log-in Data with care. In particular, the User is prohibited from disclosing the Log-in Data to third parties and/or allowing third parties to access the User account by circumventing the Log-in Data. If the User breaches the aforementioned obligation and its User account is used by third parties, the User shall be liable for all activities that take place using its user account. The User is not liable if he is not responsible for the misuse of his User account.

Conclusion of contract and content of contract

By completing the online registration process and creating a User account, a contract for the use of the Platform is concluded between the User and AdaLab on the basis of the previously accepted Terms (hereinafter "Platform contract").

The subject of the Platform contract is the use of the Platform and the AdaLab Service.

The User must be 18 years or older and able to form a binding contract with AdaLab to use the Platform. If the User uses the Platform on behalf of an entity, the User must have the authority to accept the Terms on behalf of this entity. Each User of the Platform may only have one account.

Ownership

Assets

Subject to the license below and these Terms, the User own all assets which the User creates with the Services (hereinafter "Assets”). Due to the nature of machine learning, Assets may not be unique across Users and the Platform may generate the same or similar output for AdaLab or another User. Other Users may also use similar music and uploads and receive the same or similar Assets. By using the Services, the User grants to AdaLab, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute uploads input into the Platform, or Assets produced by AdaLab at your direction. This license survives termination of this Agreement by any party, for any reason. In particular, AdaLab is allowed to use all content, materials, uploads or Assets to train machine learning models.

Trademarks

The AdaLab and Plazmapunk name and logos are trademarks and service marks of AdaLab (hereinafter " AdaLab Trademarks"). Other company, product and service names and logos used and displayed via the Platform may be trademarks or service marks of their respective owners who may not endorse or be affiliated with or connected to AdaLab. These Terms and the Platform do not grant the User any license or right to use any of AdaLab Trademarks, without AdaLabs prior written permission.

Copyright Complaints

AdaLab is committed to respecting the intellectual property of others. If the User believes that work has been copied in a way that violates the Users copyright, the User can notify AdaLab by emailing at love@adalab.ai. This email must include the contact information, a description of the copyrighted work that the User believes has been infringed and the name and (if available) contact details of the other User or the third party that might have infringed the copyright.

Usage Requirements

Use of Platform

The User may access, and AdaLab grants the User a non-exclusive right to use, the Platform under these Terms. The User will comply with these Terms and all applicable laws when using the Platform. AdaLab owns all rights, title, and interest in and to the Platform. AdaLab is not liable for any content, materials, uploads, or Assets of any third parties (including Users), including for any of their errors or omissions or any loss or damage of any kind incurred because of the User's use of such content, materials, or Assets. The User acknowledges that AdaLab does not pre-screen content, materials, uploads, or Assets, but that AdaLab will have the right (but not the obligation) in its sole discretion to refuse or remove anything on the Platform, in particular if the content, materials, uploads, or Assets may violate third party rights (e.g. copyright, trademarks). Without limiting the foregoing, AdaLab will have the right to remove any content, materials, uploads, or Assets that violate these Terms or are deemed by AdaLab, in its sole discretion, to be otherwise objectionable. The User agrees that the User must evaluate, and bear all risks associated with, the use of any content, materials, uploads, or Assets, including any reliance on their accuracy, completeness, or usefulness and lawfulness.

Restrictions

The User may not:

1. Use the Platform in a way that infringes, misappropriates or violates any person’s or third parties rights (e.g. copyright, trademarks);
2. Use the Platform to create adult content, gore, abusive, harmful, or disturbing;
3. Reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Platform (except to the extent such restrictions are contrary to applicable law);
4. Use the Platform for benchmarking or competitive research purposes, or to create any other product;
5. Use any method to extract data from the Platform, including web scraping, web harvesting, or web data extraction methods, other than as otherwise permitted by AdaLab in writing;
6. Modify or create derivative works based on the Platform;
7. Sell, resell, license, copy, rent, lease, distribute, time-share the Platform;
8. Remove or alter proprietary notices from the Service.

User Conduct

The User represents, warrants and covenants that:

• Any content, materials, uploads or Assets the User transfers via the Platform have been legally obtained and belong to the User or the User has at least the respective rights to use content, materials, uploads or Assets for the AdaLab Services and to use the content, materials, uploads or Assets for the further intended use (e.g. commercial exploiting, publishing, making available to the public or third parties in any kind); the Use of content, materials, uploads or Assets on the Platform that infringes third parties rights is expressly forbidden;
• The User will not create any Assets that use adult content or gore in the Uploads;
• The User will not engage in any conduct that is or could be considered illegal, obscene, defamatory, threatening, intimidating, harassing, hateful or racially or ethnically offensive;
• The User will not provide any false, inaccurate or misleading information while using the Platform, or engage in any activity that operates to defraud AdaLab, other users of the Platform, or any other person or entity;
• The User will not interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform;
• The User will not violate any applicable local, state, national, or international law, or any regulations having the force of law in connection with the Users use of the Platform;
• The User will not impersonate any person or entity, or falsely state or otherwise misrepresent the Users affiliation with a person or entity;
• The User will not infringe, misappropriate or violate any intellectual property, privacy, publicity or other proprietary rights of AdaLab or any third party;
• The User will not disguise the Users location through IP proxying or other methods; and
• The User will not obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Platform, including attempting to avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party to protect the Platforms.

Privacy

It is AdaLab's quality standards to process the user's personal data (hereinafter: "personal data") responsibly. The personal data resulting from registration will therefore only be collected, stored and processed by AdaLab insofar as this is necessary for the provision of services in accordance with these Terms and is permitted by legal regulations. AdaLab will treat the personal data confidentially and in accordance with the provisions of the applicable data protection law and will only transfer it on to third parties in accordance with the legal requirements (e.g. data processing agreements). Details can be found in the data protection declaration.

Availability of the Platform

AdaLab provides trouble-free operation of the Platform. This is naturally limited to services over which AdaLab has an influence. AdaLab is allowed to restrict access to the Platform for a short period of time due to technically necessary maintenance work and due to other events that are beyond AdaLab's control.

AdaLab is entitled at any time to change services provided on the Platform, to make new services available and to discontinue the provision of services.

Liability

AdaLab is liable without limitation for intent and gross negligence as well as in accordance with the German Product Liability Act (Produkthaftungsgesetz). AdaLab is liable for slight negligence in the event of damage to the life, body and health of persons. In all other respects, the following limited liability applies: In the event of slight negligence, AdaLab is only liable in the event of a breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the user may regularly rely. The liability for slight negligence is limited in amount to the damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

AdaLab's liability for loss of data by Users on the Platform is limited to the damage that would have occurred even if the User had regularly backed up the data.

Indemnification

The User indemnifies AdaLab and its employees or agents in the event of a claim being made on the basis of an alleged or actual infringement and/or violation of third party rights against all claims by third parties arising from actions of the User in connection with the use of the Platform for which the User is responsible. Furthermore, the User undertakes to reimburse AdaLab for all costs incurred by AdaLab as a result of the third party claim. Reimbursable costs also include the costs of a reasonable legal defence.

Final provisions

Unless expressly stated otherwise in these Terms, all declarations made in the context of the use of the Platform shall be made in writing or by e-mail. The e-mail address is:

hello@adalab.ai

The postal address of AdaLab is:

AdaLab UG
Neuer Pferdemarkt 1,
20359 Hamburg

AdaLab reserves the right to make changes to the contact details. In the event of such a change, AdaLab will inform the User thereof.

If any provision of these Terms is or becomes invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provision, a valid provision shall be deemed to have been agreed which comes as close as possible to the economic purpose intended by the parties. The same shall apply in the event of gaps in the Terms.

These Terms are governed by the laws of the Federal Republic of Germany. Insofar as the User is a consumer, more favourable consumer protection regulations which are legally indispensable and which apply at the User's usual place of residence shall take precedence over these Terms.

The exclusive place of jurisdiction for all disputes arising from these Terms is Hamburg, insofar as such an agreement on the place of jurisdiction is permissible, in particular because the User is a merchant or has no general place of jurisdiction in Germany.