TERMS OF USE OF THE SERVICES AVAILABLE ON THE MINDOPEN SPÓŁKA Z OGRONICZONĄ ODPOWIEDZIALNOŚCIĄ (hereinafter referred to as "MyMuse") INTERNET WEBSITE AVAILABLE UNDER THE ADDRESS mymuse.ai (hereinafter referred to as the "Site")
These Terms and Conditions are addressed to the Users of the mymuse.ai Website belonging to MINDOPEN SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at 40/42/F Ożarowska Street in Duchnice - hereinafter referred to as "MyMuse" (KRS: 0000912289, NIP: 1182226778) and apply to the User's access to and use of the Website functionalities.
The mymuse.ai website allows for self-generation of graphics and images, based on the words/passwords entered by the User in the appropriate field, and then ordering the printing service of the created graphics through MyMuse (including the possibility of choosing its form and format) and delivery.
§ 1 DEFINITIONS
All terms defined below have the same meaning throughout the Terms and Conditions, regardless of their inflectional form, unless expressly indicated otherwise.
Whenever referred to herein:
MyMuse - Mindopen Spółka z ograniczoną odpowiedzialnością with its registered office at 40/42/F Ożarowska Street in Duchnice; owner of the mymuse.ai website; providing the ability to generate graphics on its Site; service provider intermediating the printing and delivery of User self-generated graphics ordered through the website; also referred to as "Service Provider".
User - a consumer or entrepreneur who uses the access and functionality of this Website; a person or entity who:
- uses the functionality of the Website (whether or not he or she ultimately places an order);
- generates graphics;
- generates a graphic and orders the service of printing it in the appropriate format and form through MyMuse (places an order for printing and delivery of the resulting image against payment of the applicable price for the service); also referred to as the "Service Recipient".
Website - the mymuse.ai website through which the User can generate graphics on his/her own and then place an order for their printing and delivery through MyMuse.
AI - Artificial Intelligence, Artificial Intelligence, acting independently on the basis of automated technological processes.
Graphics Generator - a tool provided by MyMuse on the website to create and generate AI graphics based on the Prompts entered by the User. The User independently types the words in the designated field of the tool, chooses the style and color scheme of the AI generated graphics.
Prompt - prompts entered by the User in the graphics generator; otherwise, also a password or word, based on which the generator creates graphics on the User's command with a theme of any choice of the User.
Service - the opportunity provided by MyMuse for the User to place an order for the printing of AI graphics self-generated through the Website in a format and form selected from MyMuse's offerings, together with delivery, for payment of the price shown on MyMuse's Website.
Delivery - technical activities related to the service of transferring the ordered and paid for printing of the User-generated image or graphic to the User (to the collection point - a summary made available by MyMuse on the Site or to the postal address indicated by the User); current delivery prices can be found on the Site in the delivery and payment tab.
Proof of purchase - an invoice, bill, receipt or other document in accordance with applicable law.
Account Registration Form - a form available on the MyMuse Website that allows the creation of an Account for a User.
Agreement - a contract for the provision of services concluded between the User and MyMuse for making the Graphics Generator available to the User and acting as an intermediary in the printing and delivery of the ordered AI graphics, self-generated by the User.
Order - the User's statement of intent made through the Order Form and aimed directly at concluding a Product Agreement with MyMuse.
Payment - the method of making payment for the performed service and delivery indicated on the Site in the "Price List" tab.
Order Form - Electronic Service (service provided electronically by MyMuse to the User via the Website), an interactive form available on the Website that allows placing an Order, in particular an order for printing and delivery of User-generated artwork; by adding Products to an electronic shopping cart and specifying the terms of service, including the form, format and method of delivery and payment.
Account - Electronic Service, marked with an individual name (login) and password provided by the User; a collection of resources in the MyMuse information and communication system, in which the data provided by the User and information about the Orders placed by the User on the Website are collected, within which the Customer may use selected functionalities indicated in the Regulations.
Credits - in other words, the points that the User needs in order to be able to use the functionalities of the MyMuse Website; 1 credit = the ability to generate 1 graphic; detailed and current rules for granting Credits to the User are described in par. 5 and the "Credits" and "FAQ" tabs.
Shopping Cart - a list of Products, compiled from the Products offered in the store based on the User's choices, which can be accessed after logging into the Account.
Lead time - the number of working days indicated by MyMuse necessary to perform the printing service and delivery of the ordered Products.
Working days - all days of the week from Monday to Friday, excluding Saturdays, Sundays and days off by law.
Supplier - an entity cooperating with MyMuse, professionally engaged in the delivery of goods and products ordered and paid for by a User of the MyMuse Website.
Promotion - a time-limited price discount on selected Products.
Product - the minimum and indivisible quantity of movable goods that can be the subject of an order, which is given in the Service Provider's store as a unit of measurement when determining its price (price/unit), in particular prints of graphics, self-generated by the User, including framed prints, prints on canvas, under glass and in other available and selected by the User.
Force majeure - fortuitous events impossible to foresee and prevent, in particular sudden major industrial and technological failures, interruption of energy supply, restrictions caused by war, strike, state of epidemic emergency, state of epidemic, natural disaster or order of national and local authorities preventing the implementation of the provided service.
Newsletter - a service provided electronically by MyMuse, which consists in enabling interested Users to automatically receive to the provided e-mail address the most important information related to the offer of the MyMuse website.
Consumer - an adult natural person with full legal capacity, making a purchase from the Service Provider not directly related to his/her business or professional activity.
§ 2. GENERAL CONDITIONS
The Terms and Conditions are addressed both to Users who are Consumers and to entrepreneurs, unless a particular provision of the Terms and Conditions provides otherwise and is addressed only to Consumers or to entrepreneurs.
As a condition of using the Site and its functionalities, the User is required to read the Terms and Conditions, accept all of its provisions, and undertake to use the Site and its functionalities in accordance with the provisions.
The Services are provided electronically by MyMuse and consist of:
- enabling an Account on the Website;
- Enabling the User to use the Graphics Generator;
- Enabling the conclusion of an Agreement by completing an Order Form;
- conducting a Newsletter.
MyMuse uses technology provided by third-party service providers (third-party system) to obtain the User's ability to generate AI graphics.
By using the functionality of the website or registering an account on this website, the User agrees to the content of these terms and conditions and accepts all provisions contained herein. If the User does not accept these terms and conditions, he/she should discontinue using this website.
MyMuse declares that the purpose of the offered functionalities of the website is to provide the User with a place where the User will have the opportunity to express his/her creativity using the tools provided by MyMuse for Users to generate AI graphics on their own.
The User's creation of graphics on the website is possible by typing the User's chosen words/passwords (referred to as "Prompts") in the designated space, after which specific graphics proposals will be automatically generated on the website (after typing Prompts, 4 graphics will be generated, using 4 User credits).
The User declares that he/she will not use the graphics generator in a way that is illegal or in a way that would violate the copyrights of third parties, especially in the way described below in the section "Unauthorized uses of the graphics generator".
Once the graphics have been generated, the User has the option to take advantage of the service offered by MyMuse to print the generated graphics and deliver them to the place indicated by the User - the printing will be done through MyMuse, while the delivery will be done through a Supplier cooperating with MyMuse.
Printing will take place in the format and form selected by the User. The format and form are included in MyMuse's current offer (visible on the website and described below in Par. 5 of the Terms and Conditions).
§ 3. ACCOUNT, REGISTRATION, NEWSLETTER
The User may register an Account on the MyMuse Website or use its functionalities without registering an Account - as an unregistered User.
A registered User has, among other things, the ability to view his/her order history and obtain additional bonuses (including Credits).
Notwithstanding paragraphs 1 and 2 of this paragraph, the User may agree to subscribe to the MyMuse Newsletter, through which he will be informed about current interesting offers or promotions.
When signing up for the Newsletter, the so-called double-opt-in procedure is applied. This means that after signing up for the Newsletter, a message will be sent to the email address provided by the User, in which MyMuse will ask for confirmation that the User wants to receive the Newsletter. If the User does not confirm registration within 24 hours, the User's data will be blocked and automatically deleted after one month.
MyMuse stores Users' IP addresses and times of registration and confirmation. The purpose of this procedure is to be able to prove registration and, if necessary, to clarify possible misuse of Users' personal data.
Only the User's e-mail address is required for sending the Newsletter. Provision of further, separately marked data is voluntary and will be used to personally address the User. After confirming the User, MyMuse stores the e-mail address for the purpose of sending the Newsletter to the User. The legal basis is Article 6(1)(1)(a) of the RODO.
At any time, the User may revoke his/her consent to send the Newsletter and unsubscribe from receiving it. The cancellation can be declared by clicking on the link provided in each Newsletter e-mail or by e-mail to: kontakt@mymuse.ai.
§ 4. ORDERING
In order to generate a graphic or image, the User, in the "Create Image" space visible on the MyMuse homepage, should enter Prompts (passwords, words) that reflect associations, themes of what he would like the AI algorithm to create for him.
The entered Prompts generate 4 graphics, using the User's 4 credits. The User can choose the one graphic that most reflects what he wants, or try again to generate a graphic that he thinks is more appropriate. Each time, generating a graphic based on the passwords or words entered, the User uses 4 credits.
In the next available steps, the User selects the Style of the graphic, the color scheme, then creates the final design by accepting the choices made so far and placing an order for the specified print, format, form and delivery through MyMuse.
MyMuse processes the placed print order within no more than 5 business days.
The Buyer may choose one of the following ways to place an Order:
- placing an Order through a previously established Account using the Order Form;
- placing an Order by filling out the Order Form available on the MyMuse website without logging in;
Confirmation of the placement and acceptance for execution of the Order will be sent to the User by MyMuse in the form of an email. The contract shall be considered concluded upon receipt of the email by the Buyer.
§ 5. TERMS AND CONDITIONS OF THE SERVICE PROVIDED BY MYMUSE
SERVICE AND CREDIT POOL
MyMuse provides a website offering the User a tool for self-generation of images and graphics ("Make art")- based on the idea and Prompts coming solely from the User.
Images and graphics are generated automatically through the AI Stable Diffusion System based on externally sourced algorithms (i.e., not originating from MyMuse).
MyMuse only acts as an intermediary in the service provided, i.e., it provides an external tool to harness the User's creativity, and only additionally offers the User the opportunity to take advantage of the offered service of printing the image or graphic in the format and form chosen by the User. In addition, MyMuse provides the Service of Delivery of the ordered image or graphic printing.
In order to generate graphics or images, the User must have Credits. A non-logged-in User has 20 Credits available. Generating 1 graphic uses 1 Credit. When Prompts are entered into the graphics generator, 4 graphics are generated, resulting in the use of 4 Credits from the pool of Credits available to the User.
When the User registers on the MyMuse Website (creating an Account), the User receives 80 additional Credits (valid for seven days counting from the day after the bonus is granted).
Credits renew each day up to the number: 40.
MyMuse will grant the User additional Credits in case the User subscribes to the Newsletter, as well as for using the service of printing and delivery of User-generated images or graphics. Each £1 spent = 1 Credit to be used on the MyMuse website. For other promotions, MyMuse will post an appropriate message on the MyMuse homepage.
Credits received for purchases are valid for 90 from the date of purchase.
MyMuse offers printing as part of its services in the following form, among others: prints on canvas, canvas with hand-applied ink texture, on photo paper.
The currently available form of printing is updated in real time and directly on the MyMuse website when generating an image or graphic.
MyMuse offers the following image or graphic printing formats as part of its services:
- 30x30cm
- 50x50cm
- 80x80
- 25x35
- 50x70
- 70x100
- 35x25
- 70x50
- 100x70
§ 6. RESPONSIBILITY OF MYMUSE
MyMuse makes every effort to ensure the uninterrupted operation of the Website and its functionality. However, it reserves the right to temporarily, preceded by appropriate information addressed to the User via e-mail, discontinue the functionality of the Website in the event of technical upgrades to its website or the occurrence of Force Majeure.
MyMuse is not responsible for any damages in connection with the use of the website and resulting from the malfunction of the hardware or software used by the User.
MyMuse is not responsible for damages resulting from disclosure by the User to third parties of data enabling access to the User's Account.
MyMuse is not responsible for the data posted on the Website by the User. In the event that MyMuse receives information about the unlawful nature of the data or related activity, it will immediately prevent access to such data and block the generation of related graphics.
MyMuse is obliged and undertakes to provide services and deliver the ordered Products in a defect-free condition.
§ 7 Unauthorized uses of the Graphics Generator.
The User undertakes not to enter words/passwords that could potentially generate graphics that are offensive, vulgar, pornographic - that could offend third parties, violate their rights or use their image against their will.
The User undertakes not to generate images of public figures in a way that violates their rights.
The user undertakes not to use commercially generated graphics, including - not to use graphics for profit, advertising, marketing, distribution purposes.
The User agrees not to use the generated images through the Graphics Generator in a pornographic, defamatory or fraudulent context or in a manner that can be considered defamatory, obscene or illegal.
MyMuse and any content accessed through it is intended for your non-commercial personal use only.
The User may not share access to his/her account with others. MyMuse grants the User a limited, non-exclusive and non-transferable right to access the MyMuse website.
The User agrees not to use the website for public distribution.
MyMuse makes no claim of copyright to the User-generated graphics.
§ 8. PAYMENTS
Payment for the purchase of additional Credits or for the printing service (including the selected form and format of printing) and delivery can be made:
- by bank transfer to the bank account 18 1870 1045 2078 1070 6181 0001
- via Paynow electronic payment system - processing of the User's order paid via Paynow electronic payment system takes place immediately after the User's payment is credited to MyMuse's account.
- The paid service is performed and the order is delivered to the postal address indicated by the User or to the collection point (place of delivery of the item), together with the proof of purchase selected by the User.
- Orders are realized on the territory of Poland. There is also the possibility of shipping abroad. In such a case, the conditions of realization and shipping abroad are each time agreed individually with the User.
- All prices quoted by MyMuse are expressed in Polish currency and are gross prices (including VAT). Product prices do not include the cost of delivery, which is determined separately and about which the User is informed before placing an order.
- All prices listed on the MyMuse website include VAT and other components.
- Delivery costs are additionally added to the total amount of the Order.
- The User is informed of the total amount of the Order each time before the final confirmation of the Order.
- Each Order is accompanied by a Proof of Purchase.
- The Buyer, in order to complete the Order, authorizes MyMuse to issue a VAT invoice without the recipient's signature. The Proof of Purchase in the form of a PDF file, which allows downloading and printing, will be sent to the e-mail address indicated by the User when registering an Account or placing an Order. If the Buyer wishes to receive a VAT invoice in paper form, the Buyer is asked to contact us at the following e-mail address: kontakt@mymuse.ai.
- In the case of placing an Order as an entrepreneur, MyMuse will require the User to provide additional data (including but not limited to company name, TIN / VAT EU).
- In the case of placing an Order and completing the data by the User acting as a Consumer, it is not possible to change the nature of this sale to a professional one, i.e. one in which the User will act as an entrepreneur.
The User may choose one of the following payment methods for the ordered Products (in certain cases or depending on the type and place of delivery chosen by the User, MyMuse reserves the right to accept only certain payment methods):
- payment by regular or online transfer to MyMuse's bank account;
- electronic (online) payment - by credit card, BLIK, PayNow;
The choice of payment is made by the User when placing an Order.
If you choose the payment method referred to in paragraph 12, item a. Products are shipped when 100% of the total amount of the Order is credited. Transfers with payment should be directed to the MyMuse account number indicated below:
18 1870 1045 2078 1070 6181 0001
If the User fails to make payment within 3 business days from the date of confirmation of the Order, MyMuse will summon the User to make payment. If the summons is unsuccessful, MyMuse has the right to cancel the Order, informing the User by email or telephone.
Online payments made online via:
a. PayNow are handled by mElements S.A. with its registered office in Warsaw, 00-850 Prosta St. 18
b. BLIK are handled by mElements S.A. based in Warsaw, 00-850 at 18 Prosta St.
§ 9 DELIVERY
Delivery of the order shall be made, at the User's choice, to the postal address indicated by the User or to a pick-up point selected during order placement, from among the pick-up points offered by MyMuse. Delivery of the order shall be made through the company of the selected Supplier and shall be paid in accordance with the applicable tariff of the Supplier selected on the MyMuse website.
The User may choose the following delivery methods for the ordered Products (in certain cases or depending on the type and place of delivery or shipment size selected by the User, MyMuse reserves the right to accept only certain delivery methods):
delivery of Products by courier companies to the indicated postal address.
The delivery address is provided by the User when placing the Order.
Delivery costs are borne by the User.
The User is informed about the delivery costs before the final confirmation of the Order.
Delivery costs depend on the type and size of the shipment and the delivery address. The final amount of delivery costs is visible during the Order placement.
Approximate waiting time for the shipment, from the moment of its release to the courier on the territory of the Republic of Poland (which takes place on Working Days) is:
- in the case of a parcel: 2 Working Days;
- in the case of a parcel delivered to a parcel machine: 2 Working Days;
- in the case of collection at a point: 2 Business Days;
The waiting time for delivery within the European Union, from the moment of delivery to the courier (which occurs on Business Days) varies, depending on the delivery address, but normally does not exceed 7 days.
The User undertakes to collect the ordered Product.
§ 10. RIGHT TO WITHDRAW FROM THE CONTRACT
MyMuse, as a service provider, hereby informs the User, including a consumer wishing to order the service of printing the generated graphics (including in the selected format and form), before the provision of services, that after the above-mentioned performance, the User, including a consumer, will lose the right to withdraw from the contract concluded off-premises or at a distance, and the User, also as a consumer, nevertheless expressly agrees to the performance of the service by the service provider.
The consumer, in accordance with Article 38 of the Consumer Law, is not entitled to withdraw from the contract:
- for the provision of services, if the entrepreneur has performed the service in full with the express consent of the consumer, who was informed before the start of the service that after the performance by the entrepreneur will lose the right to withdraw from the contract;
- in which the price or remuneration depends on fluctuations in the financial market, which the trader does not control, and which may occur before the expiration of the withdrawal period;
- in which the subject of the performance is a non-refabricated thing, produced according to the consumer's specifications or serving to meet his individualized needs;
- in which the subject of the performance is an item subject to rapid deterioration or having a short shelf life;
- in which the subject of the performance is an item delivered in sealed packaging that cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery;
- in which the subject of the performance are things that after delivery, due to their nature, become inseparably connected with other things;
- in which the subject of the performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the entrepreneur has no control;
- in which the consumer expressly requested that the trader come to him for urgent repair or maintenance; if the trader provides in addition other services than those which the consumer requested, or provides things other than spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or things;
- in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
- for the supply of newspapers, periodicals or magazines, except for a subscription contract;
- concluded through a public auction;
- for the provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
- o the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the entrepreneur has informed him of the loss of the right to withdraw from the contract.
§ 11. WARRANTY AND COMPLAINT
MyMuse, as a Service Provider under Article 558 § 1 of the Civil Code, completely excludes liability to customers who are entrepreneurs for physical and legal defects (warranty).
The Service Provider shall be liable to the Consumer under the terms of Article 556 of the Civil Code et seq. for defects (warranty), subject to the provisions of par. 10 of the Regulations.
It is recommended that the Service Recipient-Consumer provide in the description of the complaint:
- information and circumstances regarding the subject of the complaint, in particular the type and date of the defect;
- the request for a method of bringing the Product into conformity with the Agreement or a statement of price reduction; and
contact details of the complainant.
This will facilitate and expedite the processing of the complaint by MyMuse. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
Claims for damage to prints in transit will be considered only if the shipment is checked upon receipt from the courier. MyMuse's liability in case of defects is limited to replacement of defective products for technical reasons.
The Service Provider will respond to the Client's complaint immediately, no later than within 14 calendar days from the date of its submission. Failure of the Service Provider to respond within the aforementioned period means that the Service Provider considered the complaint justified.
The User is solely responsible for what is contained in the generated graphics.
If the quality of the file does not provide, according to accepted standards, optimal printing in the formats selected by the User, in particular, too low resolution in relation to the print format, too much noise, lack of sharpness, bad proportions of the sides of the file in relation to the selected format, the User allows the Service Provider to make corrections. Otherwise, in the case of a complaint based on the inconsistency of the file with the print format, the responsibility for the complaint shall be borne solely by the User.
The difference in the appearance of the products delivered with the products ordered, viewed on the Service Provider's website, which may be due to different settings (parameters) of the Service Recipient's/User's monitor, the type of printout chosen (in relation to the digital version presented), binding technology, commonly accepted differences between the appearance of the digital version on the screen and the appearance of the real one after printing, is not the basis for recognition of a complaint.
§ 12. PRIVACY POLICY AND PERSONAL DATA PROTECTION
The administrator of the Personal Data is Mindopen spółka z ograniczoną odpowiedzialnością with its registered office at Ożarowska Street 40/42/F in Duchnice (KRS: 0000912289, NIP: 1182226778), e-mail: kontakt@mymuse.ai (hereinafter referred to as "MyMuse").
Detailed rules for the collection, processing and storage of personal data used for order processing by MyMuse are described in the Privacy Policy, which can be found in the "Privacy Policy" tab.
§ 13. FINAL PROVISIONS
The content of the Terms and Conditions is made available at http://mymuse.ai/pl/content/3-terms-and-conditions-of-use in such a way that it can be saved on a computer or media or printed.
MyMuse reserves the right to change the Terms and Conditions in any case, in particular:
- cases justified by a change in the provisions of generally applicable law;
- cases of issuance of an administrative decision or court ruling that is binding on MyMuse and in implementation of the aforementioned;
- cases of adding new functionalities on the Website.
The Service Provider shall notify the Users via the indicated e-mail addresses of the planned changes and shall make available the consolidated, i.e. including the proposed changes, text of the Terms and Conditions in a manner that allows the Users to become familiar with it no less than 7 (seven) days before the introduction of the changes. Use of the website after this date, will imply acceptance of the published changes by the User.
If the User does not agree with the proposed changes to the Terms and Conditions, he/she is entitled to terminate the Agreement with immediate effect. The User may also terminate the Agreement for the provision of electronic services at any time. Termination of the Agreement by either party, as well as its termination by mutual consent, is equivalent to blocking the User's access to the User's account and its deletion.
In matters not regulated by the Terms and Conditions, the provisions of Polish law shall apply, unless otherwise provided by the consumer legislation generally applicable in the Republic of Poland.
Any disputes that may arise from the provision of the Service shall be resolved by a court with jurisdiction in the Republic of Poland, unless the generally applicable consumer legislation in the Republic of Poland provides otherwise.
If the User has any doubts about the content of these Regulations, please direct questions in this regard to the following e-mail address: kontakt@nymuse.ai. The answer will be provided by MyMuse within no more than 7 working days.
The Regulations shall come into force on 11.06.2023