* **Services:** AI clones (voice/video), real-time 3D avatar implementation, custom software development, the Yvonta News Platform, and **trade**.
* **Input Data:** Audio, video, or images provided by the client for AI processing.
#### 2. Delivery and acceptance of the service
* **2.1. Best effort:** AI services, the Yvonta News Platform, and trade services are provided on a "best effort" basis. Technical artifacts, minor deviations in likeness, fluctuations in automated content aggregation, or market data latency are inherent to the technology and do not constitute a defect.
* **2.2. Acceptance period:** Custom software and 3D models are deemed accepted if the client does not report specific bugs in writing within 7 days of delivery.
* **2.3. Third-party dependency:** Yvonta frequently utilizes third-party API providers (e.g., AI engines, cloud hosting, news feeds, financial exchange data). Yvonta is not liable for service interruptions, execution failures, or data accuracy issues caused by these third parties.
#### 3. Intellectual property & ethical use
* **3.1. Ownership:** Yvonta retains all rights to its proprietary code, training methods, and base 3D models. The client receives a license for the final result.
* **3.2. Right of likeness:** The client guarantees that they possess the rights to the voice/face being cloned. Yvonta is not obliged to verify these rights but may request proof.
* **3.3. Termination due to misuse:** Yvonta reserves the right to terminate any agreement immediately and without refund if the client uses the services for:
* Generating deepfakes without consent.
* Illegal, hateful, or pornographic content.
* Impersonation for fraudulent purposes.
* Spreading verified misinformation or unauthorized scraping via the News Platform.
* **3.4. Compliance Responsibility:** The Client warrants that their use of the Yvonta News Platform and trade services complies with applicable media laws, financial regulations, copyright regulations, and privacy rules (e.g., GDPR).
#### 4. Liability (The "Shield" clauses)
* **4.1. Financial limit:** Yvonta’s total liability is strictly limited to the amount paid by the Client for the relevant project.
* **4.2. No indirect damages:** Yvonta is in no event liable for loss of profit, loss of data, or consequential damages (e.g., if the Client’s client cancels a contract due to a bug in Yvonta’s software, a failure in the News Platform feed, or financial losses incurred through trade).
* **4.3. Indemnification:** The Client indemnifies Yvonta against all legal costs and damages arising from third-party claims regarding the Input Data, the content published via the News Platform, financial activities conducted via trade, or the Client’s use of the AI output.
* **4.4. Content and Market Disclaimer:** Yvonta acts as the host and provider of the Yvonta News Platform and trade services. The Client is solely responsible for the compliance of published content with local laws and the financial risk associated with trading activities. Yvonta is not liable for damages arising from content accuracy, the legal status of aggregated/generated news, or investment results.
* **4.5. Duty of Human Oversight:** The Client is responsible for maintaining "human-in-the-loop" oversight for all AI-generated content and financial trading parameters before execution or public release. Failure to perform such oversight relieves Yvonta of liability for damages resulting from incorrect information or financial loss.
#### 5. Payments & Maintenance
* **5.1. Payment terms:** Net 14 days from the invoice date, unless stated otherwise.
* **5.2. Suspension:** In the event of overdue payment, Yvonta may remotely block access to the software, the News Platform, trade services, or AI services until the outstanding amount has been paid.
#### 6. Privacy (GDPR)
* **6.1. Biometric data:** The Client acknowledges that AI clones involve the processing of biometric data. The Client is the "Data Controller" and Yvonta is the "Data Processor."
* **6.2. Deletion:** Yvonta deletes the raw input data after completion of the training process, unless agreed otherwise for maintenance purposes.
#### 7. Law and jurisdiction
* **7.1. Governing law:** These terms are governed by Dutch law.
* **7.2. Court:** Any disputes shall be settled exclusively by the competent court in Zwolle, the Netherlands.
