Terms and Conditions

the provision of services offered by unith research labs, s l (hereinafter, the “ company ” or “ unith ”) shall be regulated by the provisions of the present terms and conditions (“ t\&c ”) the companies and the individuals using our services shall be considered as “ users ” as a user, you shall read attentively the present t\&c and accept them prior to settling the provision of services definitions actor means the real person the image of whom has been used in order to create the digital human app means the application created by unith by which they render the services provided regarding the creation and configuration of digital humans company means unith research labs, s l digital human means the digital entity with the appearance of a human being created with the app and through the services provided by unith end user in case that the user is a professional or a company that renders services in which a digital human from unith has been created, means the users of such user therefore, end users shall be a person that has contact with unith’s digital human, but who has no contractual relation with unith t\&c this document that sets the terms and conditions by which unith shall provide its services to the user unith means the company user means the individual or legal entity that enters into an agreement with unith for the provision of services rendered by them website means https //www unith ai 1\ general terms the app is managed and operated by unith research labs, s l , and by its means it provides the services offered to the users as regulated by the t\&c in order to receive the services provided by the company the user must previously accept the t\&c 2\ object of the service the service provided by unith consists on the creation of digital humans that can interact with users and end users and that receive the configuration requested by the user under the following options scripted content the digital human shall be pre configured so that it reproduces the text and/or other scripted content previously set by the user but does not create new content or interact with users or end users interactive content the digital human shall be configured to interact with users and end users with no pre set text, so the content shall be created automatically by artificial intelligence 3\ creation of content and upload depending on the configuration requested by the user, the process of uploading and creating of the content shall be as follows scripted content the content shall be delivered to unith by the user, and it shall be configured in the digital human created interactive content the content shall be automatically generated by unith in order to do so, unith has a collaboration with third parties outside the structure of unith that creates the content displayed by the digital humans therefore, the creation of content in this configuration shall be performed by the engine of such third parties and unith does not provide an ai engine of its own creation for the content, as the ai engine of unith created the digital humans and their image and sound, but not the content displayed by them 4\ content replication once the content has been created or delivered to unith, unith shall not use such content with other users unith shall not use or the content generated or delivered by any user, or otherwise transfer any content delivered by one user to other users unith shall store and keep the content delivered or created for the users in order to provide the service in this regard, unith undertakes to erase and eliminate such content if requested by the user in question 5\ allowed content use of the website as a user, you can have access and use our services in order to do so, this t\&c shall be of application while using our services, you must adhere to all applicable laws and the specific terms and policies set in this document in particular, users commit to not performing any activity or content that may be illegal, harmful, offensive, disrespectful or that, in general, may be considered an infringement of the law in accordance, the user shall refrain from performing any of the following infringe on rights use our services in a way that infringes, misappropriates, or violates unith’s or any third parties’s rights or that breaches any laws or unith’s or third parties rights otherwise create hateful, offensive, or harmful content generate videos or content that spread harmful, offensive, or hateful content or illegal, immoral or unfair content unauthorised actions modify, copy, lease, sell, or distribute any of our services without prior written agreement of unith reverse engineering attempt to, or assist anyone in trying to, reverse engineer, decompile, or discover the source code or underlying components of our service and/or website, including our actors, algorithms, or systems data extraction automatically or programmatically extract data or output misrepresentation represent that output generated by unith was human generated or otherwise mislead any third party in order to believe that the service provided by unith is performed by a real human service interference interfere with or disrupt our services, including circumventing any rate limits or restrictions or bypassing any protective measures or safety mitigations we have put on our services 6\ industrial and intellectual property of unith 6 1 general licence all the elements of the website, the app, or any unith’s subdomains are protected under industrial or intellectual property (including the design, the texts, trademarks, images, etc ) and are owned by unith in no case and under no circumstances whatsoever the use of the website implies an assignment, transfer or licence of the rights of industrial and intellectual property, unless expressly set in the t\&c the creation of any content under the provision of services for a user shall imply the grant of a non exclusive licence for using the content created, including the rights of reproduction, distribution and public communication, excluding the right of transformation for as long as this t\&c are in force between unith and the user and worldwide likewise, the user grants an exclusive licence to unith to use the content provided by the user in order to perform the services provided by unith and requested by the user, including the rights of reproduction, and transformation outside the scope of the service provision, no other licence, assignment or transfer is granted regarding this t\&c 6 2 use of intellectual and industrial property by unith unith is the holder of all the elements subject to intellectual or industrial property used in the website, the app, or any unith’s subdomains or the performance of its services in the event that unith is not the holder of such rights, the proper licence shall be granted by the appropriate holder in favour of unith, so the use of such elements shall be lawful and fully compliant by unith likewise, unith has the appropriate permission to use the image of the actors used in order to create digital humans for the execution of the service additionally, unith may at any time, remove digital human actors from the library of faces available to users of the platform 6 3 intellectual and industrial property rights of the user the user shall be the holder of all the right regarding intellectual and industrial property with regards to any element provided to unith in order to perform its services or, as the case may be, they shall have the proper licence in order to use such elements as well as to licence them in the terms provided by clause 6 1 7\ privacy policy the personal data received about the user received in the website shall be duly protected, as it is regulated in our privacy policy https //www unith ai/information/privacy policy https //www unith ai/information/privacy policy 8\ purchase of the service in order to use the service offered by unith, the user shall sign up in the app by creating a user account to do so, the user shall provide the information that shall be required in the form, that shall be treated in accordance with our data protection policy the user shall provide an email address once such information is provided, unith shall send a signup link to the user the user can then use such a link in order to use the services of unith under their subscription the user shall not use usernames that may mislead others or identifying the user as part of unith, or use gross words, offensive terms or, in general, that are against the law, morals or good faith once registered in the website, the user shall select the upgrade configuration that they want to request following the process set in the website to upgrade the account subscription, the user must be logged in and complete the upgrade process (managed by stripe) the user must be logged in during the upgrade process, as the associated organisation linked to their account will be used for identification during the upgrade after the transaction is finalised, the user will receive confirmation of the successful subscription change and should be able to immediately access the premium features usage will be monitored by us and/or stripe, and we may contact the user if usage limits are exceeded if there is an error or mistake in the data provided by the user, they shall notify such error immediately to the email address provided by unith in the app, in order to solve such an error the user can contact unith by any of the means provided in the app unith shall provide client support through the email support\@unith ai 9\ subscription models the user shall enter into a subscription of the services under any of the subscription options offered by unith the primary measures for subscription and billing will be, but not limited to number of conversational sessions per month total number of conversations across all digital humans that are live, belonging to the user's organisation one conversation is counted if and only if there is at least one user input ie there is one conversational turn number of videos created per month total number of text to video videos generated in one month across all digital humans that are live, belonging to the user's organisation number of live / active digital humans at any given time total number of active digital humans belonging to the user's organisation specifics will be provided during the subscription process and will align with the subscription tier/package and can be seen within the apps upgrade portal pay as you grow conditions each subscription tier includes the ability to exceed the subscription allowances on a monthly basis with billing applied in the next billable month pro €1 per additional conversation €0 5 per additional video €20 per month per additional live digital human team €0 5 per additional conversation €0 25 per additional video €10 per month per additional digital human business €0 25 per additional conversation €0 125 per additional video n/a 10\ duration and termination of the service once accepted by the user, the t\&c shall remain in force and effect for an indefinite period of time at any time during the duration of the t\&c, the parties shall notify the other party their intention to terminate the service by writing (including email notice) in that event, the service shall remain in force until the last day of the current invoicing period notwithstanding the preceding paragraph, the user shall keep in the service for a minimum period of three (3) months upon the acceptance of this t\&c, that the parties agree as minimum term of permanence the breach of the minimum term of permanence shall imply the payment of the invoices due to three (3) months of minimum permanence on the other hand, unith shall, at any time and at its sole discretion terminate the service with disregard to the provisions of the minimum term of permanence whilst the trial version (free subscription) is in force the termination based in this paragraph shall generate no rights for indemnification in favour of the user 11\ downgrade at any moment, the user shall ask for the downgrade in the subscription model of the service the downgrade shall be applied upon the termination of the invoice period in force, i e for the month in force, so the downgrade shall be of application in the month immediately after 12\ time and method of payment 12 1 time of payment the payment of the services shall be done upon the five (5) first business days after the compliance of a new month of service (i e for a service started on august 14th, the first payment shall be don upon five business days from september 14th, the second one upon five business days from october 14th and so on) 12 2 method of payment the payment shall be done by debit transfer the user shall complete the necessary documents for the debit transfer to be valid upon request from unith the lack of debit transfer shall conclude on the immediate termination of the service 13\ extent of liability 13 1 liability for the content of the user unith shall not be liable for the content delivered by the user for the service to be provided in this regard, users is liable for the usability of the content delivered by them and, in particular, the user undertakes to not deliver content for which they do not have the appropriate permission or licence to use or that, otherwise, are subject to third party rights, or deliver documents that may result a breach of the law, unfair, illegal, immoral or in any against the applicable law and regulations as the case may be, the user shall indemnify unith for any claim, damage or loss resulting from the delivery of content by the users that does not comply with the aforementioned conditions or that in any way result in a lack of usability of such content 13 2 liability for the ai generated content the content generated, as the case may be, is automatically generated by ai therefore, unith has no control over the content generated although the ai is trained and unlikely to generate illegal content, the content is generated automatically and cannot be controlled or guaranteed by unith in this regard, unith assumes no responsibility for the content automatically generated by ai if the content generated by it results to be illegal, immoral or, in any way, infringes third party rights however, unith is committed to not use any content that may infringe the laws and regulations or any third party rights therefore, unith undertakes to withdraw and erase any content generated automatically that may infringe such provisions likewise, the user undertakes to inform unith as soon as the infringement comes to their attention 13 3 liability before end users likewise, as unith has no control over the provision of services for end users, the user shall be the only liable person for any responsibility arising for the access to digital humans by end users or the access to any content created by end users as the case may be, the user shall indemnify unith for any claim, damage or loss resulting from the claim by end users regarding the access or interaction with a digital human created by unith or regarding the content by such digital humans 14\ data protection the personal data provided by users and communicated to unith, including third party data, shall be stored and treated by unith in accordance to the provisions of the applicable laws in order to manage the relation with users and the provision of services as provided by the t\&c by means of the t\&c, the user gives their consent to the treatment of unith of the aforementioned data, as well as all data provided during the provision of services the user authorises the transfer of data only when it is necessary for the fulfilment of the obligations regulated under this agreement and, finally, the authorisation for the conservation of the data to the period of time provided by the applicable law in no case and under no circumstance the aforementioned data shall be transferred or sold to any third party for any purpose otherwise, without the prior consent of the user, unless they are requested by the competent authorities through the procedures set by the applicable law the purpose of the processing shall be the maintenance, development, control and execution of the contractual relation that, in the context of the relation identified by the t\&c, the parties keep the data shall be stored while the relation is ongoing once the provision of services is terminated, the personal data shall be stored, duly blocked, according to the applicable law a transfer of the data is not previewed unless there is a legal obligation the interested person is hereby informed that they have the right to withdraw his/her consent to process the data at anytime and, if that would be the case, the contract shall be terminated in the terms hereby provided as the data processing is essential to execute the services likewise, users can exercise the rights to access, rectification and erasure, restriction of processing, data portability and to object and automated individual decision making by addressing unith with sending an email to \[ ] if you consider that the processing of your personal data is not complying the applicable law, you have the right to file a complaint to the control authority ( www agpd es http //www agpd es ) unith commit to apply all the safety measures needed, as provided by the applicable protection data law 15\ app availability in theory, the app is configured to be working 24/7 nevertheless, unith shall not be liable for the unavailability of the app, the interruptions or delays in its use that may occur or for any technical problems that may arise and result in the unavailability of the app unith reserves the right to modify the design and the specifications of the app at any time 16\ language of the t\&c this t\&c have been drafted in english therefore, the official version is the version in english in case of contradiction, the english version of the t\&c shall prevail 17\ applicable law and jurisdiction this t\&c shall be interpreted in its own terms in the absence of a particular provision, they are subject to the laws of the state of spain the parties agree to submit all controversies arising from the interpretation or execution of the t\&c or the provision of the service to the jurisdiction of the courts of the city of barcelona expressly waiving any other jurisdiction that may result of application changes to these terms and conditions unith may update the terms and conditions from time to time thus, you are advised to review this page periodically for any changes we will notify you of any changes by posting the new terms and conditions on this page these terms and conditions are effective as of december 05, 2024