Kiult

Terms of Use

Version 3.9 · Effective from: 6 October 2026

These Terms and Conditions (hereinafter the "Terms" or "T&C") constitute a legally binding agreement between the user (hereinafter the "User") and the company:

Quin.Online, s.r.o., with its registered office at Cabanova 34, 841 02 Bratislava, Slovak Republic, Company ID (IČO): 50 042 106, Tax ID (DIČ): 2120155444, VAT ID (IČ DPH): SK2120155444, registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sro, Insert No. 107399/B (hereinafter the "Company", "Operator", "Seller" or "Kiult"). Contact: legal@kiult.com.

The consumer protection supervisory authority is the Slovak Trade Inspection (SOI), SOI Inspectorate for the Bratislava Region, Bajkalská 21/A, 827 99 Bratislava.

By accessing the SaaS System, registering, uploading data or using any generative services, the User expresses their unconditional consent to this wording of the Terms. If the User disagrees with these Terms in any respect, the User is not authorised to use the SaaS System and must immediately cease using it.

Section 1: Definitions

For the purposes of these Terms, the following terms are defined:

Section 2: Eligibility, age gate and account registration

1. Minimum age (16+): the Services of the Kiult SaaS System are intended exclusively for persons who have reached the age of 16. If a person is under 16, the use of the SaaS System is prohibited unless that person has the verifiable consent of their legal guardian (parent) under applicable law (Art. 8 GDPR).

2. Declaration of honour: by registering an account, the User declares and warrants that they meet the age criteria. Kiult does not require identity document scanning upon registration and relies on this legal declaration of the User.

3. Prohibition of fraud upon registration: if the User provides false information about their age in order to circumvent this provision, they assume full responsibility for all legal consequences arising therefrom, and the Company has the right to cancel their account immediately without compensation.

4. Account responsibility: the User is fully responsible for maintaining the confidentiality of their login credentials (password, API keys) and for all activities carried out under their account. Sharing a single user account with multiple persons or reselling access to the account is strictly prohibited. The User is obliged to immediately report to the Company any suspicion of account misuse.

Section 3: Financial terms, subscriptions and refunds

1. Subscription models: access to the Services may be charged in the form of a recurring subscription (monthly/annual) or the purchase of one-off credits. The prices and terms of individual packages are stated in the current price list in the SaaS System. The Company reserves the right to change the price list at any time, informing existing subscribers of changes in advance.

2. Automatic renewal and cancellation of subscription: the subscription renews automatically for the same period unless the User cancels it before the date of the next billing cycle. The User may cancel the subscription at any time themselves through their account settings (the "Payment" section → "Cancel subscription" button). Cancellation takes effect at the end of the currently paid period — the User thereby loses automatic renewal and no further payment will be charged, while access to paid features remains preserved until the end of the already paid period. No fees are charged for cancellation. For an already commenced and paid period, the pro-rata portion of the price is not refunded (with the exception of the rights under point 5 below).

3. Free trial period (“Free Trial”): upon verification of the email address, the Operator makes the Basic package available to the User free of charge for a period of one month from the day of verification. The trial period is granted without entering any payment details and the Operator neither initiates nor executes any payment during it. Upon expiry of the trial period the User's account moves to the free Free package; no automatic conversion into a paid subscription takes place and the User need take no step to prevent it. A paid subscription arises solely on the basis of a separate order placed by the User. The User is informed of the end date of the trial period in the welcome email and the information remains permanently available in their account settings. Moving to the Free package does not delete the Outputs already generated and the User retains access to them; only the scope of entitlements and the amount of computing time change to those pertaining to the Free package under the current price list.

4. Payments and taxes: payments are processed through secure payment gateways of Third Parties. The User is responsible for providing valid and accurate payment details. All prices are stated inclusive of or exclusive of VAT and other taxes depending on the User's location and applicable legislation. The User's country is determined for the purposes of selecting the payment gateway and determining the VAT rate from the IP address using the IP Geolocation by DB-IP database (db-ip.com, licence CC-BY-4.0).

5. Consumer's right of withdrawal and its extinction (digital content): if the User is a consumer, they have, within the meaning of consumer protection legislation for distance contracts (Act No. 108/2024 Coll., which replaced Act No. 102/2014 Coll.), the right to withdraw from the contract within 14 days without giving a reason. However, for the supply of digital content that is not delivered on a tangible medium (i.e. AI generation and computing power), this right is extinguished if the provision began with the express consent of the consumer and with their declaration that they were duly instructed that by granting consent they lose the right of withdrawal from the contract. The User hereby grants express consent to the commencement of the provision of digital content immediately after payment and acknowledges that by starting generation (by drawing a credit / computing power) they lose the right of withdrawal from the contract. The User also expressly confirms this consent before each payment in the SaaS System; the Company records it together with the time, the IP address and the version of the Terms. Up to the moment of first use of the Service (e.g. unused credits, an uncommenced subscription), the right of withdrawal remains preserved and the paid amount will be refunded by the same means of payment within 14 days. Beyond its statutory obligations, the Company may provide a refund also in the case of a technical failure of the SaaS System on the Company's side that demonstrably prevented use of the Services.
6. Render Time, its accumulation and forfeiture: every package includes a weekly allowance of computing time intended for generating Outputs (hereinafter the “Render Time”), the extent of which for the individual packages is set out in the current price list within the SaaS System. Unused Render Time carries over into the following weeks, but for no more than 4 consecutive weeks; the upper limit of the Render Time available to the User at any given moment corresponds to four times the weekly allowance pertaining to their package. The billing window for Render Time lasts 28 days. Upon its expiry the consumption is reset to zero and any Render Time not used by that moment is forfeited without compensation; the User acquires no claim to a refund of the price, to its crediting or to its carry-over into the following billing window. The forfeiture of Render Time does not affect the Outputs already generated or access to them.

Section 4: Intellectual property, inputs and outputs

1. Rights to Input: the User retains all existing intellectual property rights to the content they insert or upload into the system. By uploading any Input, the User grants the Company a worldwide, royalty-free, sublicensable and non-transferable licence to host, transmit, analyse, modify and process this Input solely for the purpose of providing, operating and technically improving the Services.

2. User's warranties for Input: the User expressly declares, guarantees and warrants that: they have all necessary copyrights, licences, consents and permissions to upload and process the Input; the Input does not infringe the personality rights, privacy rights, copyrights, trademarks or trade secrets of any Third Party; they hold the express consent and licence of any real living or deceased person whose likeness, voice, biometric features or character traits form part of the Input.

3. Rights to Output: to the maximum extent permitted by applicable law, the User assumes ownership and all rights to commercial or non-commercial use of the generated Output. The Company claims no ownership rights to the Output, licence or share in any revenue from its commercial use. If the User further sells, licenses or otherwise monetises the generated Output (e.g. a film, image, audio), the entire revenue belongs exclusively to the User and the Company charges no percentage or fees from it. The User acknowledges, however, that given the nature of generative artificial intelligence, identical or similar Outputs may also arise for other users on the basis of similar prompts, and the User has no right to block their use by other persons; and that the raw AI output itself may not be subject to full copyright protection under national legislations, as direct human creative activity within the meaning of copyright law is absent.

4. Ownership of the SaaS System: all copyrights, trademarks, source code, graphic design, algorithms, artificial intelligence models and databases forming the Kiult SaaS System are the exclusive property of the Company or its licensing partners. The User may not copy, modify, distribute or reverse-engineer any part of the SaaS System.

5. Prohibition of model training: the User may not use the SaaS System, Outputs or any data from the SaaS System to train, fine-tune, distil or develop their own artificial intelligence models, neural networks or other competing technologies.

6. Shared Outputs ("Sharables") and licence for co-creation within the SaaS System: the User may mark their Output (in particular a generated audio recording) as shared ("Sharable") and make it available either by generating a unique access token sent to another registered User, or by inserting it into the "Shared Creations" section. By marking an Output as a "Sharable", the User (hereinafter also the "Original Creator") grants other registered Users a non-exclusive, royalty-free, worldwide and perpetual licence to use this shared Output. This licence is strictly limited exclusively to use within the Kiult SaaS System, for the purpose of adding a visual or other creative component (in particular creating a resulting video by combining the shared audio with a newly created visual). The licence does not authorise the downloading, further distribution or use of the shared Output outside the SaaS System beyond this purpose.

An audiovisual or other combined Output that arises in this way (e.g. a video combined with the original audio) is deemed to be a new authorial work of the User who created the new (visual) component (hereinafter the "New Creator"); the New Creator is entitled to use and monetise this new Output commercially and non-commercially in accordance with point 3 of this section. The Original Creator acknowledges and expressly agrees that no financial claims arise for them from the use of the new Output against the New Creator or against the Company, in particular no claim to a share of profit, licence fees (royalties) or other remuneration. The Original Creator further declares that they hold all rights and consents to the shared Output necessary to grant this licence (in accordance with points 2 and 3 of this section).

The Company acts solely as a provider of the technical environment (hosting) and is not a party to the licensing relationship between Users. The Company bears no responsibility for disputes between Users arising from shared Outputs or for any use of such a work outside the SaaS System or in breach of these Terms; the User who caused such use is solely responsible for it.

Section 5: Absolute child protection and the GATE 0 mechanism

1. Zero tolerance of abuse: child protection is the absolute and highest priority of the SaaS System. Generating, editing, storing or distributing any sexual, explicit, romanticised, abusive, violent or otherwise inappropriate content concerning minors (children) is strictly prohibited. This prohibition applies without exception to any context, stylisation (including hyperrealism, anime, 3D renders, fantasy styles or drawings) or metaphor.

2. GATE 0 technology (immediate Input filtering): for security reasons, Kiult does not process photographs or videos of real minors at all. Every uploaded image Input (including source video for face editing and reference photographs) is, until checked, held at most in an isolated temporary storage (quarantine) where it can be neither viewed nor used further, and passes through automated detection in the operating memory (RAM) before any further processing. At this step GATE 0 evaluates two things: (i) the age of the persons depicted and (ii) the presence of pornographic/explicitly sexual content (NSFW) or drastic violence (gore). An Input containing such prohibited material is rejected and immediately deleted from the quarantine, so it never reaches the User's library or any further processing — thus it is not possible, for example, to upload a pornographic video for the purpose of face-swapping in the editor.

3. Rule of doubt and immediate deletion: if the GATE 0 system evaluates that a minor is present in a photo or video, or if any technical doubt of the algorithm arises about the adulthood of a person in the image, the SaaS System rejects the request firmly and immediately. That file is at the same moment irretrievably deleted from the quarantine and from the operating memory and never reaches the User's library. No logs containing children's faces are stored.

4. Creation of child avatars (text-only): creating fictional child characters (e.g. for the purpose of illustrating children's books or avatars for games) is permitted exclusively through a text description. Even visual Outputs are subjected to strict checking of body language, pose, emotional expression, environmental context and interaction with objects. Any placing of child characters into unnatural, adult, provocative or dangerous scenarios will be blocked by the system at the level of the prompt, the scene intent and the final visual.

Section 6: SFW (Safe for Work) policy and prohibited use

The User undertakes not to use the SaaS System to generate, incite, store or distribute content falling into the following prohibited categories:

Section 7: Monitoring, enforcement and data storage

1. Five control gates: Kiult implements five independent gates of automated control through which every generation request must pass:

2. Right to intervene: Kiult reserves the right to monitor Users' Inputs and Outputs. The Company has the right, without prior notice, to refuse the processing of any prompt or to delete any content if it suspects a breach of these Terms.

3. Storage and backup: the SaaS System is not an archival or backup storage. Kiult bears no responsibility for the loss, deletion or damage of the User's Inputs or Outputs. The User is obliged to download and back up their works to their own devices.

4. Sanctions for breach: repeated or serious testing of the limits of the filters, circumvention of security features or breach of the prohibitions stated in these Terms will result in immediate temporary or permanent blocking of access to the account in accordance with Section 16.

Section 8: Transparency and compliance with the AI Act

1. Mandatory content marking: In accordance with the European regulation on artificial intelligence (AI Act), all image, video and audio Outputs generated by the Kiult SaaS System are automatically marked with a robust, machine-readable invisible watermark that identifies the content as AI-generated. For video with sound the audio track is marked as well, in the segments where AI was involved; the User's unaltered audio is not marked.

2. Prohibition of circumvention: the User undertakes not to intentionally remove, modify or circumvent these technical protective features and watermarks from files.

3. Detector tool: the Company operates within the SaaS System a free "Detector" tool to verify whether a given digital file originates from the Kiult SaaS System.

4. Cryptographic origin identifier ("metaseal"): into every generated image and video Output we insert, in addition to the machine-readable watermark under point 1, an invisible cryptographic identifier (a so-called "metaseal"). It serves for the reverse identification of the origin of the Output — for the prevention and investigation of misuse, for the protection of the rights of third parties and for cooperation with law enforcement authorities. Details on the retention of the link between this identifier and the account are stated in the Privacy Policy.

5. Zero-retention of uploaded inputs: uploaded inputs that serve only as a basis for generation (source video for face editing, reference photographs for likeness training) are automatically deleted after generation is completed and are not stored in the User's library. Only generated, or shared, content is stored in the "My Media" section. Inputs rejected by the security gate are immediately deleted from the quarantine and do not reach the User's library; an uploaded file whose check is not completed is deleted from the quarantine automatically. Of an input read by the vision model before generation, only a machine description of the shot (composition, lighting, colours, setting) remains with the project; it does not identify persons and is deleted together with the project. When the script, scenes and descriptions are created, the text of the brief and the source material are processed by the Gemini model, which Google Cloud EMEA Limited operates for the Company as a processor; source material is sent to it only after a safety check (details in the Privacy Policy, sections 5 and 11).

6. Prohibition of real persons and names: the User may not create, train or depict in the SaaS System the likeness, voice or name of a real living or recently deceased person (including politicians, public figures and celebrities) without their demonstrable consent. All characters, names, symbols and entities in stories and visuals must be fictional. This prohibition supplements the User's warranties under Section 4 and the prohibitions under Section 6. The User may create their own avatar voice (Privacy Policy, section 6) only by having the person whose voice it is read out loud, themselves and with their consent, the sentence the SaaS System shows. Any circumvention — in particular playing someone else's recording, or a synthetic or otherwise altered voice, into the microphone — is a material breach of these Terms and grounds for restricting or terminating access to the Services under Section 12A.

7. Marking of AI content and who adds it: Every image and video Output of the SaaS System carries the machine-readable mark under point 1. The Company does NOT burn a visible “AI-generated” mark into the Output on its own initiative. When saving an Output the User may choose whether the SaaS System burns it in; without that choice the Output leaves without a visible mark. Media uploaded by the User are not marked. The duty to visibly disclose content constituting a deep fake under Article 50(4) of Regulation (EU) 2024/1689 rests with the deployer, that is, whoever publishes the Output (see point 9). Where the Company publishes an Output itself (for example samples on the public pages), it marks that Output itself.

8. Prohibition of removing the mark: The User must not remove or damage the machine-readable mark, the invisible watermark or the provenance metadata under points 1 and 4. Where the User adds a visible mark upon publication, they must not subsequently remove, crop, cover, blur or otherwise obscure it.

9. The User's position upon publication: The User acknowledges that where they publish an Output — in particular on social networks or another publicly accessible platform — they act, in relation to that publication, as a deployer within the meaning of Article 3(4) of Regulation (EU) 2024/1689 (AI Act) and bear their own responsibility for compliance with the transparency obligation under Article 50(4) of that Regulation. The mark applied by the Company helps them meet that obligation but does not discharge them from it.

10. Consequences of a breach: A breach of points 8 or 9 constitutes a material breach of these Terms and grounds for restricting or terminating access to the Services under the procedure in Section 12A.

Section 8A: Automated moderation and appeals

1. Transparency of AI moderation: to control compliance with the rules and detect prohibited content, we use automated systems and artificial intelligence tools that monitor the "Shared Creations" section and evaluate reports. The final decision on serious interventions and every appeal is reviewed by a human.

2. Reporting procedure: in the case of a report, we reserve the right to temporarily hide the post from the "Shared Creations" section immediately for the purpose of review. To the content owner, their post remains visible marked "Under review". The identity of the reporter is never disclosed. The review process usually takes at most 48 hours.

3. Decision and right of appeal: if an automated system or administrator decides to remove content or suspend creation on an account, the User will be informed of this decision and its reasons (by e-mail). The User has the right to appeal against the removal of content or the restriction of the account within 14 days of delivery of the notice — via the Support section, or at support@kiult.com. Every appeal is reviewed by a human moderator, not an automated system. Suspension of creation is not deletion of the account and lasts until the appeal is resolved.

Section 8B: Points of contact and reporting of illegal content

We have established single, easily accessible points of contact — separately for public authorities and separately for users and the public.

1. Point of contact for authorities (DSA Art. 11): for the authorities of Member States, the European Commission and the European Board for Digital Services, we establish a dedicated electronic point of contact at dsa@kiult.com. At this address we receive orders to act against illegal content and orders to provide information under Articles 9 and 10 of the DSA. The languages of communication are Slovak and English.

2. Point of contact for users and the public (DSA Art. 12): for users and any third party, we establish a direct point of contact at legal@kiult.com. At this address direct communication with Kiult on matters of DSA compliance is possible, available also without the use of automated tools.

3. Reporting illegal content (notice-and-action, DSA Art. 16): anyone — user or non-user — may report specific content they consider illegal in two equivalent ways: (a) the "Report" button on every shared post in the "Shared Creations" section, or (b) by e-mail to legal@kiult.com. To allow us to assess the report properly, please provide: an explanation of why the content is illegal; the exact location of the content (URL or post identifier); your name and e-mail (except for reports concerning offences against children, which may be submitted anonymously); and a statement of good faith that the information is accurate. We will confirm receipt of the report without undue delay and inform you of our decision and its reasons.

4. Priority handling: reports from verified flaggers and reports concerning child abuse are handled with priority and without delay. Suspicion of a criminal offence endangering the life or safety of persons is handed over to the competent law enforcement authorities without delay.

5. Prohibition of misuse: the points of contact and the reporting mechanism serve exclusively for reporting illegal content and for communication with authorities. For manifestly unfounded, repeated or coordinated misuse of reporting, we may proceed to restriction in accordance with Section 12A.

6. Orders from authorities (DSA Articles 9 and 10): Where an authority of a Member State issues us an order to act against specific illegal content (Article 9) or an order to provide specific information about a User (Article 10), we act without undue delay and inform the issuing authority of the effect given to the order. The order must meet the requirements of the DSA — in particular a statement of reasons, the legal basis, precise identification of the content, its territorial scope and an electronic point of contact. We inform the User concerned of the order and of the action taken at the latest at the time the action is taken, except where the order or the law prohibits it (for example because of ongoing criminal proceedings or the protection of public security). Orders are received at dsa@kiult.com in Slovak and English.

7. Free Detector access for eligible organisations: We make the Detector available free of charge and without a daily limit to market surveillance and other regulatory authorities, law enforcement authorities, the media, fact-checkers, trusted flaggers under Art. 22 DSA, independent researchers, educational and research institutions and civil society organisations. An organisation requests access by e-mail to the contact point under point 1 (public authorities) or point 2 (everyone else). Once the applicant has been verified, the organisation receives its own login details for a separate Detector page. Files being checked are not stored.

Section 9: The nature of AI and disclaimer of warranties

1. The nature of outputs: the User acknowledges that Outputs are generated automatically by machine-learning algorithms. Outputs may be inaccurate, incomplete, visually distorted or may contain factual or anatomical errors.

2. Provision of Services in the available state: the Services are provided in the state in which they are available at the time of use, within the scope of functions described in the current offer of the SaaS System. Beyond the mandatory provisions of legal regulations (in particular liability for defects and the statutory rights of the consumer under Section 12B), the Company provides no further express warranties, in particular it does not warrant that Outputs will be error-free, accurate or fit for the User's particular purpose. Kiult further does not guarantee continuous, constant and error-free availability of the SaaS System. The statutory rights of the User who is a consumer are not affected hereby.

Section 10: Limitation of liability

To the extent permitted by applicable law, the Company is not liable for indirect, incidental or consequential damages, in particular for lost profit, loss of data, damage to the reputation of persons or legal disputes with Third Parties arising from use of the SaaS System or from the publication or dissemination of the Output by the User. The Company's total liability for proven damage is, in relation to the User, limited up to the amount which the User demonstrably paid to the Company for a subscription to the Services in the 3 months preceding the day on which the damage arose. This limitation does not apply to damage caused intentionally or by gross negligence, to compensation for personal injury, nor in other cases where liability cannot be limited or excluded under mandatory provisions of legal regulations.

Section 11: Indemnification

The User undertakes to defend, indemnify and fully protect the Company, its executives, employees and partners against any claims, actions, demands, losses, damages and costs (including legal services) arising as a result of a breach of these Terms, the User's Input or the User's handling of the Output vis-à-vis Third Parties.

Section 12: Shared content ("Shared Creations") and reporting

1. "Shared Creations" section: if the User explicitly marks their Output as shared ("Sharable"), this content is made available in the "Shared Creations" section within the internal closed ecosystem, where it serves other registered Users for inspiration and co-creation. Such shared Outputs are subject to the licensing and liability regime under Section 4 point 6 ("Sharables").

2. Reporting content: every user and Third Party has the right to report content that infringes copyrights, good morals, the SFW policy or legislation. Kiult will review the reported content as soon as possible and, in the event of a breach, delete it.

Section 12A: Content moderation principles and community rules

This section summarises the community rules and the manner in which we enforce them.

In plain terms — what we remove and how we check (summary): Kiult is a safe-for-work (SFW) SaaS System for users aged 16+. We automatically reject or delete content that falls into prohibited categories — in particular any depiction of minors in an inappropriate context, sexual and pornographic content, violence and gore, hate speech, fraud, and infringement of others' rights (the full list is in point 1 below and in Section 6). To check this we use a combination of AI tools and human oversight: during generation, every request passes through five automated gates (GATE 0 in-memory scan of uploaded photos for age and NSFW/gore, GATE 1 scene intent, GATE 2 prompt text, GATE 3 check of the finished render, plus an "allow-list" of permitted clothing — detailed in Section 7). In addition, we continuously monitor the "Shared Creations" section (shared content) with automated moderation and evaluate reports (Section 8A). Ambiguous and serious cases are always reviewed by a human.

1. Prohibited content: the SaaS System prohibits in particular (a) illegal content — promotion of terrorism and extremism, any depiction of child abuse, infringement of intellectual property rights, illegal sale of goods and services; and (b) harmful content — hate speech, cyberbullying and harassment, publishing private personal data of others without consent (doxxing) and other GDPR violations.

2. Moderation process: we moderate content with a combination of automated AI tools and human oversight. After a report, an automated moderator evaluates the severity; ambiguous cases are reviewed by a human, and every serious decision is reviewable by a human. The criterion is compliance with these Terms and applicable legislation.

3. Reporting mechanism: shared content has a reporting button available, where the reporter states the reason (e.g. sexual content, violence, infringement of rights, fraud, other). The identity of the reporter is never disclosed to the reported User.

4. Sanctions: depending on the severity of the breach, we may apply: temporary hiding of content during review, permanent deletion of content from the "Shared Creations" section, suspension of the ability to create on the account, or blocking of the account. For abuse of reporting (repeated unfounded or coordinated reports), temporary or permanent blocking of access to the reporting form may be applied against the reporter.

5. Appeal system: against every decision to remove content or suspend creation, the User may appeal within 14 days of delivery of the notice, stating reasons. An appeal is always reviewed by a human moderator (see Section 8A).

6. Protection of minors: the SaaS System is intended for users aged 16+ and all content is strictly SFW — the same for all users, without any adult content. We formulate notifications on moderation and decisions in simple, comprehensible language, so that even a younger user understands them.

Section 12B: Consumer protection and alternative dispute resolution (ADR)

1. Consumer rights: if the User is a consumer, the rights under the legal regulations of the Slovak Republic and the European Union on consumer protection apply to them, in particular under Act No. 108/2024 Coll. on consumer protection and the Civil Code. These Terms do not in any way limit the statutory rights of the consumer.

2. Complaints: complaints and suggestions may be lodged by e-mail to legal@kiult.com or in writing to the address of the Company's registered office. The Company will confirm receipt of the complaint and handle it within the statutory time limits; it will inform the User of the outcome.

3. Supervisory authority: supervision of compliance with obligations in the area of consumer protection is exercised by the Slovak Trade Inspection (SOI), SOI Inspectorate for the Bratislava Region, Bajkalská 21/A, 827 99 Bratislava, www.soi.sk.

4. Alternative dispute resolution (ADR): the consumer has the right to turn to the Company with a request for redress if they are not satisfied with the manner in which their complaint was handled or if they believe that the Company has infringed their rights. If the Company responds to the request in the negative or does not respond within 30 days, the consumer has the right to submit a proposal for the commencement of alternative dispute resolution to an ADR entity under Act No. 391/2015 Coll. The competent entity is in particular the Slovak Trade Inspection (www.soi.sk, address of the Central Inspectorate: Bajkalská 21/A, P. O. BOX 29, 827 99 Bratislava), or another authorised legal person entered in the list maintained by the Ministry of Economy of the Slovak Republic.

Section 13: Force majeure

The Company is not liable for any failure or delay caused by circumstances beyond its control, including natural disasters, war, terrorism, cyber-attacks of massive scale (DDoS), decisions of state authorities or legislative changes regulating artificial intelligence.

Section 14: Severability clause

If any provision of these Terms becomes invalid or unenforceable, this fact does not affect the validity of the other provisions. The invalid provision will be replaced by a new one that most closely approximates the original text in intent.

Section 15: Changes to the Terms and governing law

1. Updates: Kiult reserves the right to unilaterally amend or supplement these Terms at any time. The User shall be informed of material changes to the Terms by e-mail at least 15 days before the new wording takes effect. If the User does not agree with the changes, the User has the right to cancel the subscription before they take effect; continued use of the Services after the changes take effect means consent to the new wording.

2. Jurisdiction: these Terms are governed by the law of the Slovak Republic and the European Union. Any disputes will be resolved by the competent court at the seat of the operator Company.

Section 16: Intentional breach of the Terms and compensation for damage

1. Liability for intentional breach: if the User knowingly, intentionally or through the circumvention of security filters (including text and visual filters or circumvention of the Audio-to-Text system) breaches the prohibitions stated in these Terms, they assume full legal and financial responsibility for all consequences arising therefrom.

2. Compensation for provable damage: in the case of a proven intentional breach of these Terms, the User is obliged to fully compensate the Company for the actually incurred damage and reasonably expended costs associated with remedying the unlawful state. This includes in particular fines or sanctions imposed on the Company by payment gateways and card associations (Visa/Mastercard) in direct connection with the User's conduct; fines from state and European regulatory authorities (e.g. for breach of the AI Act, DSA, GDPR) imposed on the Company as a result of the User's unlawful conduct; and purposefully expended costs of legal representation and expertise needed to investigate and defend the Company in connection with this incident. This claim for compensation applies exclusively to fines and costs that are directly and demonstrably attributable to the User's conduct; it does not apply to sanctions imposed on the Company for its own failure in fulfilling its statutory obligations.

3. Preventive suspension of the account: upon reasonable suspicion of a serious breach of the Terms or during an ongoing investigation of a security incident, the Company has the right to temporarily suspend the User's access to the account. The Company undertakes to carry out this investigation without undue delay. If, after investigation, it turns out that no breach of the Terms occurred, the Company will restore the User's access without delay and extend the validity of their subscription by the period during which the account was suspended.

4. Permanent blocking of the account: if it is proven that the User has seriously or repeatedly breached these Terms, the Company has the right to permanently block their account and withdraw from the contract. In such a case, the User's claim to a refund of the pro-rata portion of the subscription or unused credits for the given billing period is extinguished, and this amount is set off against covering the Company's costs associated with the breach of contract.

5. Survival clause: the provisions of this section on compensation for damage and liability remain in full force and effect even after cancellation, blocking or complete deletion of the User's account from the SaaS System.