Terms and Conditions of Mut1ny
1. Coverage
These General Terms and Conditions (GTC) are valid for all orders placed by companies or private persons (“Customers”) in the Faceprocessor V2 Online Shop (“Online Shop”) (https://fp.mut1ny.com) of Mut1ny ( “Mut1ny”).
2. Scope of supply and services
Mut1ny offers its customers in the online shop a right of use for neural networks (also called “product”) for sale. The scope of supply includes the neural network itself + any supplied code and/or exectuables of the supplied code. The customer can download the products through a download link and use them according to the user agreement in no. 4.
Mut1ny offers only the use of the neural network and code , for the processing of the code and executing the neural network for which appropriate computer programs are required. These computer programs are not part of the products offered.
3. Non-binding Offer, Conclusion of contract
Mut1ny reserves the right to make changes to the offer at any time.
The contract between the customer and Mut1ny comes about as follows: After selecting the product to be purchased, the customer adds it to the virtual shopping cart by clicking on the “ADD TO CART” button. This process can be repeated for all desired products until all products to be purchased are listed in the shopping cart. Then the customer presses on the “PROCEED TO CHECKOUT” button. After entering all necessary data, the customer is free to choose the payment method.
Only after the general terms and conditions have been accepted by confirming the checkbox “I’ve read and accept the terms and conditions”, the customer can click on the button “PLACE ORDER”, whereby the binding order takes place. As soon as the order has been purchased, the customer will be sent the contract data and an order confirmation at his specified e-mail address. Through this e-mail, the contract is concluded.
By clicking on the corresponding button, the customer can view and print out the content of the order and invoice details at any time during the ordering process. Even after leaving the order platform, the customer can check his order at any time in his user account.
4. The customers rights of use
The customer receives from Mut1ny a simple right to use the digital data listed in the order confirmation. This entitles the customer to use the received files in any form or shape make it part of their physical or virtual product as off or online platform or use any derived version of the files received freely.
Any use of the products or parts thereof in violation of the statutory provisions or rights of third parties is not permitted. In particular, they may not be used in a violent, libelous or reputation-damaging way. The use of the products in a political context requires the prior written consent of Mut1ny.
A liability of Mut1ny is excluded in this respect.
No transfer of the digital data to third parties: A paid or free distribution or any other way of making the acquired digital data available to third parties in any form or for any purpose, either as a single download or otherwise extractable, is only permitted with the prior written consent of Mut1ny. This caveat applies to the original products of Mut1ny as well as to parts thereof or modified versions. Third parties are also companies affiliated with the customer or persons other than the private person himself.
5. Prices and Payment
The prices quoted in the Mut1ny Online Shop are net prices in EURO, to which the applicable VAT is added.
The customer may choose to pay with a PayPal account, credit card and a SEPA direct debit. The payment is to be made without deduction, the assertion of reduction claims, the right of retention and the offsetting excluded, as far as these have not been established undisputed or legally binding between Mut1ny and the customer.
Should the customer withdraw or fail to make a final payment after having already received the products at that time, Mut1ny has the right to demand a contractual penalty of 200% of the agreed price, unless the recall was due to the fault of Mut1ny. A right to use the digital data does not arise in this case. If the customer does not pay within 30 days after receiving a reminder from Mut1ny, Mut1ny is entitled to withdraw from the contract. The cancellation of the contract can be explained by email to the customer.
The customer guarantees Mut1ny the truthful statement of all personal data, in particular the company name, the name, the postal and e-mail address as well as the bank data and will immediately notify Mut1ny of any changes.
6. Handover of the products
After completing the purchasing-process, the customer will receive a download link to the acquired digital data via the provided email after or if not already having specified in the order itself what required format the delivery should be in.
If a download link is broken and therefore a download of the purchased product is not possible, Mut1ny asks their customers for notification so that a new functional download link can be made available free of charge. A faulty download link does not entitle the customer to withdraw from the contract.
7. Returns and refunds
Mut1ny does not offer returns or refunds for online purchases, as the use of the products can not be excluded by the download after return.
8. Legal defects and alleged infringement of third party rights
Mut1ny acknowledges and warrants that the products it provides are copyrighted and free of third party rights, so that third parties are not violated in their rights. However, in case that a product should not be free from third party rights, Liability under the Product Liability Act remains unaffected.
The customer is obliged to inform Mut1ny immediately in writing, if he obtains knowledge of the infringement of the rights of third parties by products of Mut1ny and no longer use the product. Mut1ny can offer the customer a replacement product for damage reduction.
9. Subsidiary agreements, validity
Deviations from these terms and conditions can only be agreed upon in writing with Mut1ny. This formal requirement can only be waived by a written declaration. If one of the provisions of this contract is or should be void, this shall not affect the validity of the remaining provisions of this contract.
10. Choice of law, jurisdiction
Dutch law applies excluding the provisions of international private law. The applicability of the United Nations Convention on the International Sale of Goods of 11.04.1980 (UN Sales Convention) and the UNIDROIT Convention on International Financial Leasing of 28.05.1988 is excluded.
Jurisdiction and place of fulfillment is Den Haag, The Netherlands, as far as the licensee is a merchant, a legal entity under public law or a special fund under public law.