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Candid Atelier Terms of Service

§ 1. DEFINITIONS

  1. The following terms, when capitalized, as used in these Terms and Conditions, shall have the following meanings:
  • Terms and Conditions – these Terms and Conditions;
  • Service Provider – Candidatelier Daniel Rahimi, ul. Piławska 2/10, 50-538 Wrocław, NIP: 8993040605, REGON: 543190336;
  • Client – a client using the Services provided by the Service Provider under the terms set forth in these Terms and Conditions;
  • Portal – the website located at www.candidatelier.com;
  • Service – a service provided by the Service Provider to the Client via the Portal;
  • Guidelines – guidelines sent to the Customer for the purpose of performing the Service, specifying how the photos should be taken, in what poses, at what distances, and in what quantity, as well as in what format they should be sent to the Service Provider;
  • Final Photos – photos delivered to the Customer as part of the performance of the Service;


§ 2. SERVICES

  1. The Services consist of providing the Customer with image files depicting a specific person (“Final Photos”). The nature and aesthetic quality of the Final Photos should be consistent with the Service option selected by the Customer.
  2. The Final Photos will be generated using artificial intelligence (AI) tools.
  3. The Service will be performed by the Service Provider once the Client has fulfilled all of the following requirements:
  • Selecting a Service option;
  • Accepting the terms of the Terms and Conditions;
  • Paying for the Service;
  • Sending the photos to the Service Provider in accordance with the Guidelines received;

§ 3. PROCESS FOR OBTAINING FINAL PHOTOS

  1. The Portal features an up-to-date catalog of Services and their prices.
  2. Access to the full selection of Services available on the Portal is possible from any computer or other device with an Internet connection. We recommend using the latest versions of web browsers: Chrome, Mozilla Firefox, Internet Explorer, and Safari.
  3. The Customer does not need to create an account on the Portal to use the Services.
  4. After selecting a Service and paying for it, the Customer receives a personalized link at the email address they provided, which they can use to send photos depicting a person’s likeness to the Service Provider. The Customer should send the photos within 14 days of receiving the link. After this period, the link expires.
  5. Along with the link, the Customer receives guidelines specifying how the photos should be taken—including poses, distances, and the number of photos required—as well as the format in which they should be sent to the Service Provider (“Guidelines”). The photos sent to the Service Provider by the Customer must comply with the Guidelines.
  6. If the Service Provider receives photos that do not comply with the Guidelines, the Service Provider may request that the Customer resubmit some or all of the photos.
  7. The Customer is authorized to send the Service Provider only photos depicting their own likeness and, if applicable, the likeness of another person, provided that the Customer is authorized to use that person’s likeness.

§ 4. SERVICE COMPLETION TIME

  1. The Service is performed starting from the moment the Client submits photos that comply with the Guidelines.
  2. The Service completion time is 3 business days. In justified cases, due to technical or organizational circumstances, the Service completion time may be extended to 10 business days.
  3. Upon completion of the Service, the Customer will receive a personalized link at the email address they provided, which they can use to download the Final Photos. Sending this link to the Customer is considered fulfillment of the Service.
  4. The Customer will be able to download the Final Photos in JPEG/PNG format.
  5. The Customer may download the Final Photos within 14 days of the date the link was sent to them. After this period, the link expires.

§ 5. LIMITATIONS ON THE CONTRACTOR’S LIABILITY

  1. The Service Provider shall not be liable for:
  • the Customer providing it with incorrect data;
  • the Customer sending it photos that do not comply with the Guidelines;
  • the Customer sending it photos depicting the image or images of persons over whom the Customer has no right of disposal.

2. The Service Provider is not liable for the Client’s use of the Final Photos. In particular, the Service Provider does not guarantee that the Client will achieve any specific results on dating or social media platforms.

§ 6. COMPLAINTS AND EXCLUSION OF THE RIGHT OF WITHDRAWAL

  1. Aesthetic issues regarding the Final Photos are not subject to complaint.
    The Service Agreement is a distance contract.
  2. A Customer who is a consumer has the right to withdraw from this agreement within 14 days from the date of payment for the Service, but no later than the moment of receiving the link through which the Customer can download the Final Photos. The moment of receiving said link is considered the complete performance of the Service. From that moment on, the Customer is no longer entitled to withdraw from the contract, to which the Customer agrees.
  3. When exercising the right to withdraw from the contract, the Customer may use the form provided in Appendix 1 to these Terms and Conditions.

§ 7. PROCESSING OF PERSONAL DATA

  1. In connection with the electronic provision of Services requiring the submission of personal data, the Service Provider is authorized, pursuant to Article 18(1) of the Act of July 18, 2002, on the Provision of Electronic Services (Journal of Laws of 2002, No. 144, item 1204, as amended), to process Customers’ personal data necessary to establish, define the content of, amend, or terminate a contract for the provision of Services by the Service Provider, as well as for the proper performance of the Services.
  2. The Service Provider may process, among other things, the following personal data of Service Recipients:
  • last name and first names;
  • mailing address;
  • email address;
  • an image of the Customer or another person, if it appears in photos sent to the Service Provider by the Customer.

3. In order to perform the Service or carry out another legal transaction with the Service Recipient, the Service Provider may process data other than that specified in paragraph 2, if this is necessary due to the nature of the Service provided or the method of its billing.

4. The Service Provider may also process the following data characterizing the Service Recipient’s use of the Portal (operational data):

  • identifiers assigned to the Service Recipient based on the data referred to in subsection 2 of this paragraph,
  • identifiers of the telecommunications network termination point or the information and communications technology system used by the Service Recipient,
  • information regarding the start, end, and scope of each instance of Service use,
  • other information regarding the use of the Service

5. If the Service Provider becomes aware that the Service Recipient is using the Portal in a manner that is unlawful, violates these Terms of Service, the Agreement, or the principles of social coexistence, the Service Provider may process the Service Recipient’s personal data for the purpose and to the extent necessary to determine the Service Recipient’s liability.
6. The Service Provider is the data controller or data processor within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter referred to as the “Regulation”) provided by Service Recipients for the purpose of providing the Services. The Service Provider, as the controller of this data, ensures its security and, in particular, protects it from unauthorized access.
7. The provision of personal data by the Customer for the purpose of providing the Service is voluntary. The Service Recipient has the right to access and modify their personal data.