Terms and Conditions

Terms of Service for studio esinam AB:s Cutout Library & Cutout Packages (“TOS”)

  1. Introduction

The following is a legal agreement between you, the company you represent or other entity on whose behalf you are entering into this agreement, hereon referred to as "you" or "Buyer", and studio esinam AB with corporate identity number 556920-4737 (“We”, “Us”, “Our”).

When you purchase or subscribe to a license of right to use Our cut out images of people, you are agreeing to these Terms of Service “TOS”, which include a Personal Data Processing Agreement (“PDP Agreement”), and you agree that these terms control your rights and obligations with respect to all image licenses/subscriptions obtained from studio esinam AB.

More information about Our Processing of Personal Data can be found in Our Privacy Policy.

This TOS is followed by the PDP Agreement and Our Privacy Policy.

Studio esinam AB reserves the right to modify these terms at any time in its sole discretion. Studio esinam AB will notify you of any such change by an announcement on this page. By continuing to download and/or use images through the purchased license/subscription, you agree to be bound by all such changes. If you do not agree with any of the changes, do not download or use any images.

Cut out images of people are hereon referred to as “images” or "cutouts". The architectural visualizations into which the cut out images of people are in, are referred to as “architectural visualizations”.

 

  1. Image License Agreement & Payment terms

A license/subscription is valid to use by a company under one (1) company name. Different companies with the same owner still need individual licenses.

A student licence is valid for one (1) student.

Downloaded cutouts can only be used in architectural visualizations created during an active license/subscription.

If you choose not to renew your monthly or yearly license/subscription, your rights to use the cutouts in new architectural visualizations ends at the end of the license/subscription.

When the license/subscription expires, you must delete all cutouts that do not have a valid license/subscription and you are no longer allowed to use them.

Buyers hereby acknowledge that they do not have nor will acquire any ownership rights by their permitted use of the images.

  1. Payment terms

It is possible to pay with all types of Visa, Mastercard and American Express cards. All licenses/subscriptions are paid in advance.

We use Stripe and Chargebee to process online card payments. A payment link will be sent to you after placing an order on our website. By placing the order, you agree to pay the amount specified on the order page.

Monthly licenses/subscriptions are automatically renewed at the end of the pre-paid period if not cancelled before.

Yearly licences are automatically renewed up to 3 months prior to the expiration of the subscription unless cancelled 3 months before the subscriptions expiration.

When paying for a monthly subscription you allow studio esinam AB to charge the used credit or debit card at the end of each pre-paid period as the license / subscription is renewed unless it is cancelled at least 2 business days before renewal.

When paying for a yearly subscription you allow studio esinam AB to charge the used credit or debit card up to 3 months prior to the expiration of the subscription unless cancelled at least 2 business days before this date.

To cancel a subscription please email info@studioesinam.com.

When signing up for a monthly subscription you sign up for a minimum of 12 months and agree to pay a minimum of 12 monthly subscription fees. 

Monthly licenses/subscriptions are renewed the same date every month, e.g. 15th of June 15th of July 15th of august etc.

When entering agreeing to an payment plan in instalments for one of our licences you agree for studio esinam to charge your card at the agreed amounts and dates until the licence is fully paid.

 

  1. Image License

Studio esinam AB grants the Buyer a non-exclusive, non-transferable right to use, and reproduce images in the Library worldwide as permitted by the applicable license and subject to the limitations set forth herein:

Buyers only have the right to include images from the library in new visualizations when Buyers have an active license/subscription.

The images may only be used in architectural visualization where the main focus is on the architectural project.

The images can be used in architectural visualizations for both commercial and non-commercial use except for Student Licences which can only be used for student work which is non-commercial work.

"Non-transferable" as used herein means that except as specifically provided in these TOS, you may not sell, rent, give, sublicense, or in any other way transfer to anyone, images or the right to use images. You agree to take all commercially reasonable steps to prevent third parties from duplicating any images.

 

  1. Buyers may not:
  • Use images in other ways than ruled by this TOS.
  • Portray any person depicted in images in a way that a reasonable person would find offensive.
  • Use images in a way that indicates political affiliation of the person depicted.
  • Resell, redistribute, provide access to, share or transfer any images except as
    specifically provided herein. E.g. use images in a manner that infringes upon any third
    party's trademark or other intellectual property or would give rise to a claim of
    deceptive advertising or unfair competition.

 

  1. Liability

Buyers agree to indemnify, defend and hold studio esinam AB, its employees, managers, members, shareholders and directors, harmless from and against any and all damages, costs, claims, actions, lawsuits, settlement amount, attorneys’ fees, legal costs and expenses, fees or losses of any kind or liability of any kind arising from any use of the images, even if studio esinam AB:s products or services are the cause of such damages and/or costs. Buyers use studio esinam AB:s products and services at their own risk.

Buyers further agree to indemnify studio esinam AB for all costs and expenses that studio esinam AB incurs in the event that the Buyer, or Buyers subcontractors, breach any of the terms of this TOS, the PDP Agreement, GDPR or any other agreement with studio esinam AB.

Under no circumstances shall studio esinam AB be liable for any direct or indirect damages, costs and/or losses arising as a result of Buyers or Buyers subcontractors or any third parties use of studio esinam AB products and/or services, the images, modifications made to the images or due to the context in which Buyers or Buyers subcontractors or any third party use the images, regardless of how the damage occurs and whether the damage is caused by studio esinam AB, negligence, breach of contract or otherwise.

Neither studio esinam AB nor any of its employees, managers, members, shareholders or directors shall be liable to you or to any other person or entity for any damages, or lost profits or any other damages, costs or losses arising out of the use of the images, studio esinam AB’s services, studio esinam AB's breach of this agreement, or otherwise, even if studio esinam AB has been advised of the possibility of such damages, costs or losses.

 

  1. Additional Terms

Except when required by law, studio esinam AB shall be under no obligation to issue refunds under any circumstances. All fees are non-refundable, even if the Buyers license/subscription is terminated before its expiration.

In the event that studio esinam AB determines that you are entitled to a refund of all or part of the fees you paid, such refund shall be made using the payment method originally used by you to make your purchase. 

If studio esinam AB is required to collect taxes such as sales tax, value-added tax, goods and services tax or other taxes under the laws of your state or country of residence, you shall be liable for payment of any such indirect tax. Where studio esinam AB is not required to collect indirect tax from you, you may be required to self-assess said tax under the laws of your country of residence.

You hereby grant studio esinam AB a worldwide, non-exclusive, limited license to use your trademarks in studio esinam AB's promotional materials, including a public customer list. Studio esinam AB agrees that it will use commercially reasonable efforts to terminate any particular use of your trademark no later than thirty (30) days from the date of receipt of such a request. Email any such request to info@studioesinam.com

In the event that you breach any of the terms of this agreement or any other agreement with studio esinam AB, studio esinam AB shall have the right to terminate your account without further notice, in addition to studio esinam AB's other rights at law and/or equity. Studio esinam AB shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach.

If any individual term of these TOS, the PDP Agreement or Privacy Policy is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited only to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of these terms, so that these terms shall otherwise remain in full force and effect.

Except as specifically set forth herein, studio esinam AB grants no rights and makes no warranties, with regard to the use of personally identifiable information, trademarks, trade dress or copyrighted designs depicted in any image. Studio esinam AB only has model releases for all images with faces fully visible.

In the case that studio esinam AB or its website would cease to exist or if the website in which the images of the library are categorized would no longer be accessible, lifetime license holders have the contractual right to obtain the full library categorized.

 

  1. Applicable law

This agreement shall be interpreted in accordance with Swedish law. Disputes arising between studio esinam AB and you (the “Parties”), about the interpretation or application of these contractual terms and any related legal matters shall be settled primarily between the Parties. If the dispute cannot be resolved, shall be resolved by a Swedish general court.

 

 

 

 

Personal Data Processing Agreement (“PDP Agreement”)

  1. Introduction

This Personal Data Processing Agreement (”PDP Agreement”), is a legal agreement between the Buyer, the company the Buyer represent or other entity on whose behalf the Buyer are entering into this agreement, hereon referred to as "Buyer", and studio esinam AB with corporate identity number 556920-4737.

This PDP Agreement governs the Personal Data Processor’s (the “Buyer”) Processing of Personal Data on behalf of the Personal Data Controller (“studio esinam AB”).

The purpose of the PDP Agreement is to ensure that each Registered Person’s rights is pursuant to the General Data Protection Regulation EU 2016/679 (“GDPR”). This PDP Agreement describes how data protection is ensured, through technical and organizational measures in accordance with the requirements of the applicable Data Protection Regulation (GDPR).

This PDP Agreement shall apply to all Processing of Personal Data that the Buyer performs on behalf of studio esinam AB.

Studio esinam AB gives the Buyer a license of right to use cut out images of people (“images”), which are a type of Personal Data according to GDPR. The images are owned by the Personal Data Controller, and the Buyer may use the images in accordance with the applicable Terms of Service for studio esinam AB:s Cutout Library and Cutout Packages (“TOS”) and the provisions set forth in this PDP Agreement, when the Buyer buys or subscribes to a license of right to use such images.

The Personal Data Controller and the Personal Data Processor are hereinafter individually referred to as "Party" and jointly as "Parties".

 

  1. Definitions

Personal Data: Any piece of information that relates to an identified or identifiable natural person, whereby an identifiable natural person can be identified directly or indirectly as distinct by reference to an identifier such as a name, an identification number, a localization detail or online identifier, or one or more factors that are specific to the natural person’s physical, physiological, genetic, mental, economic, cultural or social identity.

Registered Person: A natural person whose Personal Data is being Processed.

Processing: Measures or combination of measures with respect to Personal Data or sets of Personal Data, regardless of whether they are carried out in an automated manner or not, such as collection, registration, organization, structuring, storage, processing or modification, development, reading, using, disclosure through transfer, dissemination or provision by other means, adjustment or amalgamation, limitation, deletion or destruction.

Personal Data Processor: A natural or legal person, public authority, institution or other body that engages in Processing of Personal Data on behalf of the Personal Data Controller.

Personal Data Controller: A natural or legal person, public authority, institution or other body that determines, alone or together with others, the purposes and the means of the Processing of Personal Data.

 

  1. The Processing of Personal Data and its specifications

Studio esinam AB hereby appoints the Buyer to handle Processing of Personal Data (the images), on behalf of studio esinam AB, pursuant to the provisions of this PDP Agreement and the TOS.

The Buyer may only perform the Processing in accordance with this PDP Agreement and the TOS, regarding the images (“The Instructions”).

 

  1. Obligations of the Personal Data Controller

Studio esinam AB undertakes to ensure that there is a legal basis for the Processing at all times. Studio esinam AB hereby confirms that:

  • the Process of Personal Data is made in accordance with the requirements of GDPR,
  • studio esinam AB has the legal basis to Process and disclose the Personal Data to the Buyer, including to any subcontractor that processes Personal Data on behalf of the Buyer,
  • studio esinam AB is solely responsible for the accuracy, integrity, content, reliability and legality of the Personal Data provided to the Buyer,
  • studio esinam AB shall not transmit any sensitive Personal Data unless it is necessary, such as information on ethnic origin, health, sexual orientation, political opinions, religious beliefs and others.

Studio esinam AB undertakes to inform the Buyer, without delay, of any changes that may affect the obligations of the Buyer pursuant to GDPR.

Studio esinam AB is responsible for advising Registered Persons of the Processing and to protect the rights of the Registered Persons in accordance with GDPR, as well as to take every other measure required of a Personal Data Controller pursuant to GDPR.

 

  1. Obligations of the Personal Data Processor

The Buyer undertakes to perform the Processing only in accordance with this PDP Agreement and The Instructions, as well as to comply with GDPR. The Buyer also undertakes to keep informed as to the currently applicable laws and regulations in this area.

The Buyer shall take measures to protect the Personal Data against all kinds of Processing that is not in compliance with this PDP Agreement, The Instructions or GDPR.

The Buyer is obliged to take all technical and organizational security measures that are required in order to prevent Personal Data Incidents, by ensuring that the Processing complies with the requirements of GDPR and that the rights of Registered Persons are protected.

The Buyer shall implement systematic, organizational and technical measures to ensure an appropriate level of security, taking into account the latest technology and implementation costs in relation to the risk involved in the Processing and the type of Personal Data to be protected.

The Buyer shall, at the request of studio esinam AB, assist studio esinam AB in ensuring that the obligations pursuant to Articles 32-36 of the GDPR are complied with, and shall, upon request, respond to the requests for the exercise of the rights of Registered Persons pursuant to GDPR, taking into considering the type of Processing and the information the Personal Data Processor have available.

The Buyer and all natural persons who work under its supervision shall respect both secrecy and the duty of confidentiality.

 

  1. Processor subcontractors


The Buyer shall be fully responsible to studio esinam AB for any Processing carried out by a Processor Subcontractor.

The Buyer is being entitled to use Processor Subcontractors. The Buyer shall ensure that the Subcontractors, by agreement, agree to a responsibility that at least corresponds to the obligations and conditions set forth in this PDP Agreement and the TOS.

 

  1. Agreement period and termination

This PDP Agreement comes into force in connection with the purchase of studio esinam AB images and shall continue indefinitely.

When the Buyers purchased license to use the images expires, the Buyer is not allowed to use the images and must delete the images and all Personal Data/images processed on behalf of studio esinam AB.

 

  1. Applicable law

This PDP Agreement shall be interpreted in accordance with Swedish law. Disputes arising between studio esinam AB and you (the “Parties”), about the interpretation or application of these contractual terms and any related legal matters shall be settled primarily between the Parties. If the dispute cannot be resolved, it shall be resolved by a Swedish general court.



studio esinam AB,
Södra Vägen 36A, 412 54, Gothenburg, Sweden.
Company ID no. 556920473701.
VAT no. SE556920473701.
Date: 2023 09 01