Terms of Use

1. Introduction & Service Provider

These Terms of Use ("Agreement") govern access to and use of the AI-powered video and photo production services, and the online educational courses and corporate training programs (together, the "Service"), provided by:

• Company: Tallium Digital spółka z ograniczoną odpowiedzialnością, trading as "Generation AI"
• Registered office: Porąbki 277, 35-317 Rzeszów, Poland
• NIP: 5170417196
• Contact e-mail: info@newgeneraition.ai

As Tallium Digital sp. z o.o. is a Polish limited liability company, Polish law requires its KRS (National Court Register) number and REGON to appear in this notice and in commercial correspondence; these will be added here as soon as they are available.

("Generation AI", "we", "us"). By accessing or using the Service, placing an order, or registering an account, you ("Client", "User", "you") agree to be bound by this Agreement. If you do not agree, please do not use the Service.

2. Description of the Service

Generation AI provides:

• (a) AI-powered video and photo production services, including AI-generated marketing video content, product visuals, digital avatars/creators, and related creative production, delivered on a bespoke, project basis under an individually agreed scope, timeline, and price ("Production Services"); and
• (b) online educational courses, corporate training programs, and related materials ("Educational Services").

The specific deliverables, timelines, number of revision rounds, and pricing for Production Services are set out in the individual quotation, order form, or commercial proposal agreed with the Client, which forms an integral part of this Agreement.

3. Eligibility

The Service is intended for business clients and individuals who are at least 18 years old, or who have the consent of a parent or legal guardian. By using the Service, you confirm that you meet this requirement and, if acting on behalf of an organization, that you have authority to bind that organization.

4. Client-Provided Materials and License

Where you submit photographs, video footage, audio or voice recordings, brand assets, or other materials ("Client Materials") for use in Production Services, you:

• retain ownership of your Client Materials;
• grant Generation AI a non-exclusive, worldwide license to use, reproduce, and process the Client Materials — including via third-party AI generation tools — solely to perform the agreed Production Services;
• represent and warrant that you own, or have obtained, all necessary rights and consents (including from any individuals depicted or whose voice is used) to submit the Client Materials and to authorize their processing, including by AI systems, and that this use does not infringe any third party's intellectual property, privacy, or personality rights;
• agree to indemnify Generation AI against direct losses and third-party claims arising from a breach of the warranty above, subject to Section 14.

Generation AI handles Client Materials in accordance with our Privacy Policy.

5. Intellectual Property in Production Deliverables

Unless otherwise agreed in writing (e.g., in the applicable quotation or proposal):

• upon full payment, ownership of the final AI-generated deliverables produced specifically for the Client is transferred to the Client for the agreed use;
• Generation AI retains ownership of its underlying tools, templates, workflows, prompts, and proprietary production methodologies, which are not transferred to the Client;
• Generation AI may use non-confidential excerpts of completed deliverables in its portfolio and marketing materials, unless the Client has requested confidentiality in writing before delivery.

6. Educational Services — Access and Intellectual Property

All materials available through the Educational Services — including video lessons, presentations, workbooks, texts, and methodologies — are the property of Generation AI (or its licensors) and are protected by applicable intellectual property law. You are granted a limited, personal, non-transferable license to access and use these materials solely for your own educational purposes. Copying, distributing, publicly displaying, or reselling course materials without prior written consent of Generation AI is strictly prohibited. Access to courses is granted to you personally and may not be transferred to third parties; for corporate training purchases, team access terms are agreed separately.

7. Prices and Payment

Prices for Production Services and Educational Services are as set out in the applicable quotation, order, or course page at the time of purchase. The currency and whether the price is displayed inclusive or exclusive of VAT depend on the Client's market and will be clearly stated at checkout or in the individual quotation before you confirm the order. Payment terms, including any deposits, milestone payments, or installments, are specified in the individual agreement or at checkout. In case of late payment, we may suspend the Service until outstanding amounts are settled, without prejudice to other remedies available to us.

8. Right of Withdrawal (Consumers)

If you are a consumer — a natural person concluding this Agreement for purposes not directly related to your trade, business, or profession — and you conclude this Agreement at a distance, you generally have the right to withdraw from the contract within 14 days without giving any reason, under the Polish Consumer Rights Act of 30 May 2014 (Ustawa o prawach konsumenta), implementing Directive 2011/83/EU. To exercise this right, notify us at the contact details in Section 1 before the 14-day period expires. A model withdrawal form is available on request.

Exceptions to the right of withdrawal

• Educational Services (digital content not supplied on a tangible medium): if we begin providing you with course access before the 14-day period expires, we will ask you to give explicit, separate consent to immediate performance and to acknowledge that you thereby lose your right of withdrawal, in accordance with Article 38(13) of the Consumer Rights Act. Without this explicit consent, access to digital course content will not be granted until the withdrawal period has lapsed.
• Production Services (bespoke, personalized production): AI video/photo production carried out to your individual specifications is, once performance has begun at your explicit request and with your consent, exempt from the right of withdrawal under Article 38(3) of the Consumer Rights Act (goods or services made to the consumer's specifications or clearly personalized). Where performance has not yet begun, the standard 14-day withdrawal period applies.

If you validly withdraw, we will reimburse all payments received from you — less any amount due for services already performed with your consent before withdrawal — within 14 days of being informed of your decision, using the same payment method you used, unless otherwise agreed.

9. Complaints

If you believe the Service is defective or has not been performed in accordance with this Agreement, please submit a complaint (reklamacja) to the contact details in Section 1, describing the issue in reasonable detail. We will respond within 14 calendar days of receipt. Consumers retain all statutory warranty rights (rękojmia) under the Polish Civil Code, which are not limited or excluded by this Agreement.

10. User Accounts

Where an account is required to access the Service, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized use of your account.

11. User Conduct

You agree not to:

• use the Service for any unlawful purpose or in violation of applicable law;
• impersonate any person or organization, or submit Client Materials you are not authorized to use;
• distribute course materials without written permission;
• interfere with or disrupt the operation of the Service;
• use the Service to generate content that is unlawful, defamatory, infringing, or that depicts a real, identifiable individual without that individual's consent;
• violate any applicable export control laws or regulations.

12. Disclaimer of Warranties

The Service is provided "as is" and "as available." To the extent permitted by law, we disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee specific learning outcomes from Educational Services or specific commercial or engagement results from Production Services, as these depend on factors outside our control. This disclaimer does not affect the statutory rights of consumers, which cannot be excluded or limited under applicable law.

13. Limitation of Liability

To the maximum extent permitted by applicable law, Generation AI's aggregate liability arising out of or in connection with this Agreement is limited to the amount paid by you for the specific Service giving rise to the claim. We are not liable for indirect, incidental, or consequential damages, loss of profits, or loss of data. Nothing in this Agreement excludes or limits liability for:

• death or personal injury caused by our negligence;
• fraud or wilful misconduct;
• any liability that cannot be excluded or limited under mandatory Polish or EU consumer protection law.

14. Indemnification

Each party agrees to indemnify the other against direct losses, third-party claims, and reasonable costs arising from that party's breach of this Agreement, its warranties, or applicable law — in particular, the Client's warranties regarding Client Materials under Section 4. This clause does not apply to consumers to the extent it would conflict with mandatory Polish consumer protection law, under which one-sided indemnification obligations imposed on consumers may be unenforceable.

15. Term, Suspension, and Termination

This Agreement remains in effect for as long as you use the Service. We may suspend or terminate access for material breach of this Agreement, subject to reasonable notice where practicable. Changes to the scope of an ongoing course, or discontinuation of specific content, will not deprive Clients who have already purchased access of the materials they have paid for, except where required by law (e.g., removal of unlawful content) or for reasons communicated to affected Clients in advance.

16. Changes to This Agreement

We may update this Agreement from time to time. For material changes affecting existing Clients with an active subscription or an ongoing Production Services project, we will provide at least 14 days' notice by e-mail or via a notice on the Service before the changes take effect. Continued use of the Service after that date constitutes acceptance of the updated Agreement. Consumers who do not agree to a material change may terminate any ongoing subscription without penalty.

17. Governing Law and Jurisdiction

This Agreement is governed by the laws of the Republic of Poland. If you are a consumer, this choice of law does not deprive you of the protection afforded to you by mandatory provisions of the law of the country in which you have your habitual residence, in accordance with Regulation (EC) No 593/2008 (Rome I). Disputes will be subject to the jurisdiction of the competent Polish courts, without prejudice to any mandatory consumer venue rules that may apply in your country of residence.

18. Out-of-Court Dispute Resolution

Consumers may seek out-of-court resolution of disputes through the relevant Polish consumer ADR entities (for example, the competent Provincial Trade Inspectorate — Wojewódzki Inspektorat Inspekcji Handlowej — or a permanent consumer arbitration court), or with the assistance of a Municipal or District Consumer Ombudsman (Rzecznik Konsumentów). A list of ADR entities is available at https://uokik.gov.pl and https://consumer-redress.ec.europa.eu. Generation AI is not obliged to, and does not agree to, participate in such out-of-court ADR proceedings; this does not affect your right to bring a claim before the competent court or to use any ADR mechanism that does not require our prior agreement.

19. Contact Information

If you have any questions about this Agreement, please contact: Tallium Digital sp. z o.o., Porąbki 277, 35-317 Rzeszów, Poland, NIP: 5170417196. E-mail: info@newgeneraition.ai

By using the Service, you confirm that you have read, understood, and agree to this Agreement.