AetherLenz Terms and Conditions

1. Introduction

Welcome to AetherLenz by Aether-Z Technologies, Inc.! We are pleased to provide you with an innovative platform connecting travelers with local photographers. These Terms and Conditions govern your use of our services. By accessing or using the AetherLenz platform (the "Platform"), you acknowledge and agree to the following:

• You have read, understood, and accept these Terms.
• You are legally capable of entering into binding agreements, or if under the age of majority, have obtained consent from a parent or legal guardian.
• You agree to comply with these Terms and all applicable laws, regulations, and guidelines.

If you do not agree with any part of these Terms, you must immediately cease using the Platform.

1.1 Purpose of the Platform

AetherLenz is a service designed to enhance your travel experiences by connecting Travelers with local Photographers through Organizers. By leveraging cutting-edge technologies like facial recognition and AI-enhanced photo editing, the Platform facilitates the seamless capture, purchase, and enjoyment of high-quality travel photos.

1.2 Legal Framework

These Terms are governed by the laws of the Republic of the Philippines, including compliance with the Philippine Data Privacy Act of 2012 (DPA), Consumer Act of the Philippines, and related legal standards. Specific provisions of these Terms also align with international privacy and security frameworks, such as the General Data Protection Regulation (GDPR), where applicable.

1.3 Agreement Structure

These Terms apply to all Platform users, categorized as:

1. End Users (Travelers): Individuals using the Platform to search for, preview, and purchase photographs or videos featuring their likeness.
2. Organizers: Businesses or agencies managing media collections, employing or contracting Photographers, and setting up photo services at tourist attractions.
3. Photographers: Individuals hired, contracted, or affiliated with Organizers who capture and upload media for sale through the Platform.

Each user group has specific rights, responsibilities, and obligations outlined in this document.

1.4 Applicability of Terms

These Terms constitute the entire agreement between the User and AetherLenz concerning the use of the Platform and supersede all prior agreements, arrangements, or understandings, whether written or oral. No separate partnership agreement is required for Organizers and Photographers, as all provisions governing their roles are integrated into these Terms.

1.5 Availability of Services

AetherLenz operates the Platform and services primarily in the Philippines, with future expansions to other regions as notified. Service availability may vary based on location, Organizer participation, and access to tourist attractions.

1.6 Acceptance of Third-Party Services

Users acknowledge that AetherLenz integrates third-party technologies, including but not limited to:

• AWS AI Services: For facial recognition and data analysis.
• Third-Party AI Software: For photo enhancement and optional human-guided editing.

Users agree to the use of such technologies in accordance with these Terms.

1.7 Amendments to Terms

AetherLenz reserves the right to update or amend these Terms at its sole discretion to reflect:

• Changes in applicable laws and regulations.
• Modifications to Platform features or services.
• Technological advancements.

Users will be notified of material changes through email and Platform notifications. Continued use of the Platform after changes signifies acceptance of the updated Terms.

2. About AetherLenz

AetherLenz is an innovative online platform designed to enhance travel experiences by connecting Travelers with local Photographers through Organizers. It leverages advanced technologies like facial recognition and AI-enhanced media processing to ensure high- quality travel memories are preserved effortlessly.

2.1 Mission and Vision

• Mission: To deliver timeless travel memories by blending human expertise with technology.
• Vision: To create a world that values and celebrates human creativity with innovative technologies.

2.2 Key Features

1. For End Users (Travelers):
   • Utilize facial recognition technology to quickly find and purchase media featuring themselves.
   • Access both original and/or AI-enhanced versions of purchased media.
2. For Organizers:
   • Manage collections of photographs and videos for specific events or tourist attractions.
   • Assign photographers, set media pricing, and track revenue seamlessly.
3. For Photographers:
   • Upload and showcase photographs, videos, or similar media to a broad audience.
   • Earn revenue directly through media purchases by Travelers.

2.3 Platform Access

Defined in section 3.1, each access point is designed to streamline user-specific tasks, ensuring a seamless experience for all participants.

2.4 Technology Integration

• Facial Recognition:
  • Powered by AWS AI Services, facial recognition identifies End Users in media uploaded by Photographers.
• AI-Enhanced Media Processing:
  • Third-party AI software improves the quality of uploaded photographs and videos.

2.5 Commitment to Collaboration

By fostering partnerships between Travelers, Organizers, and Photographers, AetherLenz aims to create a thriving ecosystem that balances human creativity and technological innovation.

3. Definitions

For clarity and consistency, the following definitions apply throughout these Terms and Conditions:

3.1 AetherLenz Platform

The online service operated by AetherLenz, accessible through:

• Main Website: www.aetherlenz.com
• Organizer Portal: organizer.aetherlenz.com
• Photographer Portal: photographer.aetherlenz.com

3.2 User

Collectively refers to anyone accessing or using the AetherLenz Platform, categorized as:

1. End User (Traveler): An individual who registers to use the Platform for searching, previewing, and purchasing media featuring their likeness.
2. Organizer: A registered business, agency, or operator managing media collections and employing or contracting photographers.
3. Photographer: An individual affiliated with an Organizer who captures and uploads photographs, videos, or similar media to the Platform.

3.3 Reference Photo

A photo provided by an End User (Traveler) during registration to facilitate facial recognition on the Platform.

3.4 Media

Digital content, including photographs, videos, and similar formats captured and uploaded by Photographers for preview and sale to End Users.

3.5 Token

The unit of value used within the Platform for transactions. Each Token is equivalent to 25 Philippine Pesos (PHP).

3.6 Facial Recognition Technology

The automated process of identifying or verifying individuals based on facial features, used to match Travelers' Reference Photos with media captured by Photographers. This feature is powered by AWS AI Services.

3.7 AI-Enhanced Media

Photographs or videos processed using third-party artificial intelligence software to improve their quality.

3.8 Human-Guided AI Enhancement

An optional service where media undergoes additional enhancement guided by human experts for a fee.

3.9 Liveness Verification

A security feature requiring Travelers to verify their physical presence during account registration or periodically to ensure the authenticity of their Reference Photos.

3.10 Claimed Media

Media purchased by a Traveler that is accessible for download in their account.

3.11 Biometric Data

Personal information related to facial features, processed solely for identification or verification purposes using facial recognition technology. AetherLenz only collects and processes biometric data directly related to facial recognition in compliance with applicable laws.

3.12 AWS AI Services

A suite of cloud-based artificial intelligence tools provided by Amazon Web Services used by AetherLenz for facial recognition and media matching.

3.13 Content

All digital materials uploaded, created, or stored on the Platform, including media, promotional materials, and other assets.

3.14 Data Subject

The individual whose personal data (e.g., Reference Photos, Personal Data) is collected, processed, or stored by AetherLenz.

3.15 Third-Party Payment Provider

An external company that processes financial transactions on behalf of AetherLenz, ensuring compliance with relevant laws and security standards.

3.16 Exclusivity Rights

The rights granted to Organizers (e.g., photography agencies) to operate within specific tourist attractions, contingent upon meeting Key Performance Indicators (KPIs).

3.17 Key Performance Indicators (KPIs)

Metrics established to evaluate the performance of Organizers and their affiliated Photographers, including:

• Data Privacy Compliance
• Quality Over Quantity
• Purchase Ratio

3.18 Data Breach

An incident leading to the unauthorized access, disclosure, or destruction of personal data collected by AetherLenz.

3.19 Third-Party AI Software

External AI software used to enhance media quality, independent of AetherLenz's proprietary operations.

3.20 Personal Data

Information about an identifiable individual collected by AetherLenz, including names, email addresses, and Reference Photos, used solely for providing services.

3.21 Collection Code

A unique code auto-assigned to each collection created by an Organizer, used by End Users to search photos from that specific collection.

4. Acceptance of Terms and Conditions

By accessing or using the AetherLenz Platform, you agree to be bound by these Terms and Conditions. If you do not agree, you must stop using the Platform immediately.

4.1 Eligibility

• Age Requirement:
  • Users must be at least 18 years old.
  • End Users (Travelers) under 18 may use the Platform only with the consent and supervision of a parent or legal guardian.

4.2 Agreement to Terms

By using the Platform, you confirm:

• You meet the eligibility criteria.
• You have read, understood, and agree to be legally bound by these Terms.
• You consent to the collection and processing of your personal data as outlined in the Privacy Policy.

4.3 Prohibited Use

You agree not to:

• Use the Platform for unlawful or unauthorized purposes.
• Provide false or misleading information.
• Violate any applicable laws, regulations, or Platform guidelines.

4.4 Acceptance of Third-Party Services

AetherLenz integrates third-party services for:

• Facial Recognition (AWS AI Services).
• AI Media Enhancement (Third-Party AI Software).
• Payment Processing (Third-Party Payment Providers).

By using the Platform, you accept these integrations and agree to their respective terms.

4.5 Language and Governing Law

• These Terms are provided in English and governed by the laws of the Republic of the Philippines.

4.6 Revocation of Access

AetherLenz may suspend or terminate your account if you:

• Violate these Terms.
• Engage in prohibited activities.

5. Changes to Terms and Conditions

AetherLenz reserves the right to modify, update, or amend these Terms and Conditions to reflect changes in services, legal requirements, or technological advancements. Users are encouraged to review these Terms regularly to stay informed.

5.1 Notification of Changes

• Material Changes: AetherLenz will notify users of significant updates via:
  • Email sent to the registered email address.
  • Platform notifications or announcements on aetherlenz.com.
• Minor Changes: Non-material updates may be reflected directly in the Terms without prior notice.

5.2 Acceptance of Updated Terms

• Continued use of the Platform after updates signifies your acceptance of the revised Terms.
• If you do not agree to the changes, you must stop using the Platform immediately.

5.3 Effective Date

Updated Terms take effect on the date specified in the notification or upon posting on the Platform.

5.4 Scope of Changes

Modifications may include, but are not limited to:

• Adjustments to user responsibilities and account policies.
• Updates to privacy and data handling practices.
• Changes to payment processing and revenue-sharing terms.

6. General Provisions for All Users

The following provisions apply to all users of the AetherLenz Platform, including End Users (Travelers), Organizers, and Photographers.

6.1 Compliance with Laws

All users must:

• Abide by applicable laws and regulations, including but not limited to:
  • Data Privacy Laws: Comply with the Philippine Data Privacy Act of 2012 and relevant international standards.
  • Labor Laws: Organizers and Photographers must adhere to labor and employment regulations.
  • Tax Obligations: Users are responsible for declaring and paying taxes as required by law.

6.2 Respect and Professional Conduct

• Users must treat others with respect and courtesy.
• Harassment, discrimination, and disrespectful behavior toward any user or AetherLenz personnel are strictly prohibited.
• Activities that harm the reputation of AetherLenz or its users will result in account suspension or termination.

6.3 Accurate Information

• Users must provide accurate and truthful information during registration and use of the Platform.
• Any misrepresentation or falsified information may result in account suspension or termination.

6.4 Account Responsibility

• Users are responsible for all activities conducted under their accounts.
• Sharing of account credentials is prohibited.
• Users must promptly report unauthorized access or security breaches to support@aetherlenz.com.

6.5 Prohibited Activities

Users are prohibited from:

• Using the Platform for illegal, fraudulent, or unauthorized purposes.
• Uploading content that infringes on third-party rights, violates privacy, or contains defamatory, obscene, or offensive material.
• Attempting to disrupt, hack, or reverse-engineer the Platform.

6.6 Platform Updates

AetherLenz may update, modify, or discontinue certain features of the Platform without prior notice:

• Temporary interruptions may occur for maintenance or improvements.
• Users will be notified of significant updates that may affect their use of the Platform.

7. Responsibilities of Organizers and Photographers

This section defines the roles, responsibilities, and obligations of Organizers and Photographers when using the AetherLenz Platform.

7.1 Responsibilities of Organizers

Organizers manage media collections and oversee Photographers' activities. Their responsibilities include:

7.1.1 Legal Compliance

• Obtain necessary permits and licenses to operate at tourist attractions.
• Ensure compliance with tax obligations, labor laws, and data privacy regulations.

7.1.2 Photographer Management

• Hire, train, and supervise Photographers to capture high-quality media.
• Ensure Photographers adhere to AetherLenz guidelines and maintain professional behavior.

7.1.3 Media Collection Management

• Create and manage collections of photographs or videos for events or attractions.
• Verify the relevance, quality, and compliance of uploaded media.
• Each collection created by the Organizer includes a system-generated Collection Code. Organizers may share this code with End Users to help them locate their photos more easily.

7.1.4 Revenue Management

• Set pricing for media, within AetherLenz's established limits.
• Track earnings and ensure compliance with local tax regulations.

7.1.5 End User (Traveler) Consent and Communication

• Provide Travelers with clear information about the Platform, including:
  • How media is captured, stored, and processed.
• Ensure Travelers are registered on the Platform and have given consent before being photographed or filmed.

7.1.6 Branding and Informational Materials

• AetherLenz Branding: Provide Photographers with badges, logos, or lanyards to promote AetherLenz visibility and recognition.
• Traveler Information: Distribute informational materials (e.g., cards with QR codes) to help Travelers understand the Platform's features and registration process.

7.2 Responsibilities of Photographers

Photographers are responsible for capturing and uploading media to the AetherLenz Platform under the direction of their affiliated Organizers.

7.2.1 High-Quality Media Capture

• Capture photographs, videos, or other media that meet AetherLenz quality standards.
• Avoid capturing non-consensual, inappropriate, or invasive content.

7.2.2 Media Uploads

• Upload media promptly to the Platform under assigned collections.
• Ensure that all media is appropriately categorized and adheres to Platform policies.

7.2.3 Consent Compliance

• Obtain explicit consent from Travelers before capturing their images or videos.
• Inform Travelers about the purpose and scope of media use.

7.2.4 Professional Conduct

• Maintain professionalism and courtesy when interacting with Travelers and other users.
• Display AetherLenz branding materials for easy identification during operations.

7.2.5 Compliance with Legal and Technical Standards

• Follow intellectual property, data privacy, and other relevant laws.
• Use AetherLenz tools appropriately to ensure accurate uploads and secure data handling.

7.3 Shared Responsibilities

Both Organizers and Photographers must:

• Adhere to AetherLenz's Code of Conduct and performance standards.
• Notify AetherLenz of any issues, disputes, or breaches affecting their use of the Platform.
• Jointly responsible for obtaining freely given, informed, and explicit consent from all individuals before capturing any identifiable media. No image or video should be captured or uploaded unless such consent has been secured.

8. User Accounts and Registration

All users, including End Users (Travelers), Organizers, and Photographers, must create an account to access and use the AetherLenz Platform. This section outlines the rules and requirements for account creation and management.

8.1 Account Registration

• Accuracy of Information:
  • Users must provide accurate, complete, and up-to-date information during registration.
  • Providing false or misleading information is prohibited and may result in account suspension or termination.
• Unique Account:
  • Each user may register only one account.
  • Duplicate or shared accounts are not permitted.

8.2 Account Security

• Credentials Responsibility:
  • Users are responsible for safeguarding their login credentials.
  • Sharing of login credentials is strictly prohibited.
• Reporting Unauthorized Access:
  • Users must report any unauthorized access or account compromise to support@aetherlenz.com immediately.

8.3 Account Requirements by User Type

• End Users (Travelers):
  • End Users are required to complete liveness verification as described in our Privacy Policy.
• Organizers:
  • Must provide valid business details, including proof of authority to operate (e.g., business permits).
  • Designate authorized representatives with specific email addresses for account access.
• Photographers:
  • Must be affiliated with a registered Organizer.
  • Use their account solely for uploading media, accessing collections, and managing work tasks.

8.4 Age Restrictions

• Minimum Age Requirement:
  • Users must be at least 18 years old to register.
• Underage Users:
  • End Users (Travelers) under 18 may use the Platform only with explicit parental or guardian consent.

8.5 Account Suspension and Termination

• AetherLenz's Rights:
  • Accounts may be suspended or terminated for violating these Terms, including but not limited to:
    • Prohibited activities, such as fraudulent transactions or unlawful uploads.
    • Misuse of the Platform or breaches of data privacy.
• User Rights:
  • Users may terminate their account at any time by contacting support@aetherlenz.com.
  • Upon termination, all associated data will be handled according to the Data Retention Policy.

8.6 Access to Features

• Platform features vary by user type:
  • Travelers: Search, preview, purchase, and download media.
  • Organizers: Manage collections, supervise Photographers, and track revenue.
  • Photographers: Upload media, monitor sales, and manage assigned collections.

9. Payment and Revenue Sharing

This section outlines the payment process, revenue-sharing structure, and related obligations for End Users (Travelers), Organizers, and Photographers using the AetherLenz Platform.

9.1 Token System

• Definition: AetherLenz operates on a Token-based payment system, where 1 Token equals 25 Philippine Pesos (PHP).
• Usage: Tokens are used for purchasing media and optional services on the Platform.

9.2 Media Pricing

• Set by Organizers: Organizers determine the price of media within the minimum and maximum limits established by AetherLenz.
• Transparency: Prices are displayed clearly in Tokens on the Platform.

9.3 Revenue Sharing

• Distribution:
  • AetherLenz Commission: 25% of each media sale is retained by AetherLenz as a service fee.
  • Organizer's Share: The remaining 75% of the revenue is credited to the Organizer's account.
• Photographer Compensation:
  • Photographer' compensation is managed directly by their affiliated Organizer. AetherLenz is not responsible for Photographer payments.

9.4 Payment Processing

• Third-Party Providers: Transactions are securely processed through third-party payment providers compliant with local regulations, including the Bangko Sentral ng Pilipinas (BSP) and the Anti-Money Laundering Act (AMLA).
• Transaction Fees: Payment provider fees are deducted from the Organizer's revenue.

9.5 Token Purchases

• Travelers:
  • Tokens must be purchased through the Platform using approved payment methods.
  • Tokens are non-refundable unless required by applicable law.

9.6 Withdrawal of Funds

• Organizers:
  • Organizers may withdraw available funds by request, subject to a minimum withdrawal amount specified by AetherLenz.
  • The most recent withdrawal request will be processed every Monday.
  • Processing Fees: Withdrawals are subject to additional fees imposed by third- party payment providers, deducted from the withdrawal amount.
  • Processing times vary depending on the payment provider.

9.7 Refunds

• Media Purchases:
  • Refunds for purchased media are not allowed unless there is a technical issue or failure directly attributable to the Platform.
  • Travelers must report such issues to support@aetherlenz.com for resolution.

9.8 Taxes

• User Responsibility:
  • Organizers and Photographers are responsible for declaring and paying taxes on their earnings.
  • AetherLenz does not withhold taxes unless required by law.
• Tax Compliance:
  • Users are responsible for ensuring compliance with applicable tax regulations.

9.9 Optional Services

• Human-Guided AI Enhancement:
  • Travelers can request additional editing services for a fee (e.g., 3 Tokens per photo).
  • Fees for optional services are deducted during the transaction.

10. Privacy and Data Protection

AetherLenz is committed to protecting the personal information of its users and ensuring compliance with applicable privacy laws, including the Philippine Data Privacy Act of 2012 (DPA). This section outlines how user data is collected, processed, and protected.

10.1 Data Collection

AetherLenz collects personal data necessary to provide its services. This includes:

• End Users (Travelers):
  • Name, email address, and Reference Photos for facial recognition.
  • Payment details for purchasing media or Tokens.
• Organizers:
  • Business details (e.g., company name, address).
  • Contact information of authorized representatives.
• Photographers:
  • Personal details (e.g., name, contact information) provided during registration through an Organizer.

10.2 Purpose of Data Collection

Data collected by AetherLenz is used to:

• Facilitate Platform services, including facial recognition and AI media processing.
• Verify user identities and maintain account security.
• Manage payments, revenue sharing, and withdrawals.
• Improve Platform features and resolve user concerns.

10.3 Facial Recognition Data

• Reference Photos: Travelers upload Reference Photos for facial recognition matching with media.
• Processing: Facial recognition data is processed securely using AWS AI Services.
• Retention:
  • Reference Photos are securely stored for the duration of the Traveler's account activity.
  • If an account is terminated by request, Reference Photos are deleted.

10.4 Data Storage and Retention

• Photographs and Videos:
  • Media uploaded by Photographers is stored temporarily and deleted thirty (30) days after upload unless purchased.
  • Purchased media is stored in a Traveler's account indefinitely unless deleted by the Traveler.
• Personal Data:
  • Retained only as long as necessary to provide services or comply with legal obligations.

10.5 Data Sharing

AetherLenz shares personal data only as required to operate the Platform:

• Third-Party Providers:
  • AWS AI Services for facial recognition processing.
  • Payment processors for secure transactions.
• Organizers and Photographers:
  • End User Reference Photos are not shared with Organizers or Photographers.
  • End User email addresses or personal data are never disclosed without consent.

10.6 User Rights

Users have the following rights concerning their personal data:

• Access and Correction: Request access to their data or corrections to inaccuracies.
• Deletion: Travelers may request the deletion of their Reference Photos or other data by contacting privacy@aetherlenz.com.
• Data Portability: Obtain a copy of their data in a portable format upon request.

10.7 Data Security

AetherLenz employs robust security measures to protect personal data:

• Encryption of sensitive data during transmission and storage via AWS encryption services.
• Regular assessments to prevent unauthorized access or data breaches.

10.8 Data Breach Notification

In the event of a data breach involving personal information:

• AetherLenz will notify affected users and the National Privacy Commission (NPC) as required by law.
• Prompt action will be taken to address vulnerabilities and mitigate risks.

10.9 Privacy Policy

Users are encouraged to review the full AetherLenz Privacy Policy at aetherlenz.com/privacy for detailed information on data handling practices.

11. Use of Facial Recognition and AI Technologies

AetherLenz employs advanced technologies, including facial recognition and AI-enhanced media processing, to provide high-quality services to End Users (Travelers), Organizers, and Photographers. This section explains their usage and related responsibilities.

11.1 Facial Recognition Technology

• Purpose: Facial recognition technology is used to match Traveler' Reference Photos with media captured by Photographers, enabling Travelers to quickly locate and purchase their photos or videos.
• Technology: Powered by AWS AI Services, facial recognition is conducted securely and efficiently, ensuring data privacy and accuracy.

11.2 Reference Photos

• Requirements: Travelers must upload clear Reference Photos during registration to optimize facial recognition accuracy. At least three Reference Photos are recommended.
• Liveness Verification: Travelers are required to complete a liveness verification process during registration to confirm their physical presence and identity. Periodic verification may be required to maintain account security.

11.3 AI-Enhanced Media

• Automatic Enhancements: All media uploaded by Photographers is automatically enhanced using third-party AI software, improving resolution, lighting, and overall quality.
• Human-Guided Enhancements: Travelers can opt for additional editing guided by human experts for an additional fee. Enhanced media will be available for download after processing.

11.4 Accuracy and Limitations

• Facial Recognition Accuracy: While AetherLenz strives for high accuracy, factors such as unclear Reference Photos, environmental conditions, or significant changes in appearance may impact results.
• Traveler Responsibility: Travelers are encouraged to update Reference Photos regularly to ensure accurate recognition.

11.5 Consent for AI Processing

By using the Platform, users consent to:

• The use of Reference Photos for facial recognition.
• Processing of uploaded media through AI technologies, including automatic enhancements.

11.6 Incidental Captures

• Public Spaces: Media captured at tourist attractions may incidentally include individuals who are not registered on the Platform.
• Responsibility: Organizers and Photographers must ensure incidental captures comply with local laws and do not violate privacy rights.

11.7 Data Retention

• Facial Recognition Data: Reference Photos and facial recognition data are retained as outlined in the Data Retention Policy and deleted upon account termination.
• Media Retention: Uploaded media not purchased by Travelers will be deleted after thirty (30) days. Purchased media remains accessible indefinitely unless deleted by the Traveler.

11.8 User Responsibilities

• Travelers:
  • Upload accurate and recent Reference Photos for optimal recognition.
  • Impact of Reference Photo Updates: Changes to Reference Photos will only affect facial recognition for future media uploads by Photographers. Media uploaded prior to the update will not be reprocessed to match the new Reference Photos.
• Photographers and Organizers:
  • Obtain explicit consent from Travelers before capturing images or videos.
  • Ensure all captured media complies with AetherLenz policies and local laws.

12. Content and Intellectual Property

This section defines the ownership, rights, and responsibilities associated with the media and other digital materials (collectively referred to as "Content") uploaded, created, or stored on the AetherLenz Platform.

12.1 Ownership of Media

• Photographer' Rights:
  • Photographers retain ownership of the media they capture and upload, including photographs, videos, or similar content.
  • By uploading media to the Platform, Photographers grant AetherLenz a license to use, display, and distribute their media for the purpose of providing Platform services.
• End User (Traveler) Purchases:
  • Travelers who purchase media obtain a non-exclusive, non-transferable license to download and use the purchased media for personal purposes.

12.2 Licenses Granted to AetherLenz

By uploading Content to the Platform, Photographers and Organizers grant AetherLenz:

1. Non-Exclusive License:
   • To store, display, and distribute the Content for preview and purchase by Travelers.
   • To process Content using AI technologies for enhancements and quality improvements.
2. Promotional Use:
   • AetherLenz may use uploaded Content for marketing or promotional purposes, provided it is anonymized and does not infringe on Traveler' privacy.

12.3 Prohibited Content

Users may not upload Content that:

• Infringes on copyrights, trademarks, or other intellectual property rights.
• Contains defamatory, obscene, or offensive material.
• Violates privacy rights or consent laws.

12.4 Content Moderation

• AetherLenz reserves the right to review, modify, or remove Content that violates these Terms, infringes on rights, or poses a risk to the Platform or its users.
• Users will be notified if their Content is flagged or removed.

12.5 Traveler Consent

• Organizers and Photographers must ensure that Travelers provide explicit consent before being captured in any media intended for sale.
• Media featuring individuals who have not provided consent must not be uploaded to the Platform.

12.6 Infringement Claims

If a user believes their intellectual property rights have been infringed, they may file a complaint by contacting legal@aetherlenz.com. AetherLenz will investigate and take appropriate action, including removing the infringing Content if necessary.

12.7 AetherLenz Intellectual Property

• The Platform and its associated elements (e.g., software, design, trademarks, and branding materials) are owned by AetherLenz or its licensors.
• Users are granted a limited, non-exclusive license to access and use the Platform for its intended purposes.

12.8 Content Removal or Deletion

• Media uploaded to the Platform that is not purchased will be automatically deleted thirty (30) days after upload.
• Purchased media will remain accessible to Travelers indefinitely unless deleted by the Traveler.

13. Key Performance Indicators (KPIs)

AetherLenz evaluates the performance of Organizers and their affiliated Photographers using Key Performance Indicators (KPIs). These KPIs ensure quality service, customer satisfaction, and adherence to AetherLenz's standards.

13.1 Purpose of KPIs

The KPIs are designed to:

• Maintain high-quality media and customer satisfaction.
• Encourage balanced performance, focusing on quality and sales rather than sheer quantity.
• Ensure compliance with AetherLenz guidelines and data privacy laws.

13.2 KPI Metrics

Performance is evaluated based on the following weighted metrics:

13.2.1 Data Privacy Compliance (50% Weight)

• Requirement: Each uploaded media item must be associated with a registered Traveler who has provided explicit consent for facial recognition and media processing.
• Threshold: At least 90% of uploaded media must meet this requirement.
• Non-Compliance: Falling below this threshold for two consecutive months may result in penalties or suspension.
• Formula:

13.2.2 Quality Over Quantity (30% Weight)

• Requirement: The number of purchased media items per Traveler must reflect quality capture, emphasizing value to the Traveler.
• Evaluation: Higher weights are given to media that results in more purchases per Traveler.
• Formula:

13.2.3 Purchase Ratio (20% Weight)

• Requirement: The ratio of total media purchased versus uploaded must remain balanced.
• Objective: Prevent excessive uploads that dilute quality and focus on media that aligns with Traveler purchasing behavior.
• Formula:

13.2.4 Overall KPI Formula:

13.3 Exclusivity Rights

• Eligibility: Consistent achievement of KPI thresholds grants Organizers exclusivity rights to operate in specific tourist attractions.
• Revocation: Failing to meet KPI thresholds for two consecutive months may result in the loss of exclusivity rights.

13.4 Performance Monitoring

• Data Collection: AetherLenz collects performance data from media uploads, Traveler purchases, and Organizer activities.
• Transparency: Monthly performance reports are made available to Organizers for review and feedback.

13.5 Improvement Plans

Organizers or Photographers falling below KPI standards may be required to:

• Submit a corrective action plan detailing how they will improve performance.
• Participate in additional training or workshops provided by AetherLenz.

13.6 Disputes and Appeals

• Dispute Process: Organizers may appeal KPI evaluations by submitting a written dispute along with supporting evidence to support@aetherlenz.com.
• Resolution: AetherLenz will review and respond to the dispute within 15 business days.

14. Code of Conduct

The AetherLenz Code of Conduct establishes the standards of behavior and ethical practices expected from all Platform users, including End Users (Travelers), Organizers, and Photographers. Compliance with this Code ensures a respectful, professional, and secure environment for all participants.

14.1 General Conduct

All users must:

• Treat each other with courtesy, professionalism, and respect.
• Refrain from harassment, discrimination, or any other behavior that creates a hostile environment.
• Act with honesty and integrity, providing accurate information and fulfilling commitments.
• Comply with applicable laws, regulations, and AetherLenz's guidelines.

14.2 End Users (Travelers)

Travelers are expected to:

• Provide accurate Reference Photos and adhere to registration requirements.
• Use the Platform responsibly and treat Organizers and Photographers with respect during interactions.

14.3 Organizers

Organizers must:

• Ensure their Photographers adhere to AetherLenz's policies and guidelines.
• Provide clear and accurate information about media capture, pricing, and processing.
• Equip Photographers with AetherLenz branding materials (e.g., badges, logos) for visibility and recognition.

14.4 Photographers

Photographers are required to:

• Obtain explicit consent from Travelers before capturing images or videos.
• Capture high-quality media that complies with Platform guidelines.
• Maintain professionalism and courtesy during interactions with Travelers and colleagues.
• Display AetherLenz branding materials during operations to ensure easy identification.

14.5 Prohibited Activities

Users are prohibited from:

• Engaging in illegal, fraudulent, or unauthorized activities.
• Uploading content that infringes intellectual property rights, contains offensive material, or violates privacy laws.
• Exploiting or misusing the Platform, including attempts to disrupt its functionality or reverse-engineer its technology.

14.6 Reporting Violations

• Users are encouraged to report violations of this Code by contacting support@aetherlenz.com.
• Reports will be investigated promptly, and appropriate action will be taken.

14.7 Consequences of Violations

• Warnings: Minor violations may result in warnings and corrective guidance.
• Account Actions: Repeated or serious violations may lead to account suspension or termination.
• Legal Action: Activities that breach laws may result in legal proceedings.

14.8 Commitment to Excellence

By adhering to this Code of Conduct, users contribute to:

• A secure and respectful community.
• High-quality service experiences for Travelers.
• A thriving environment for Organizers and Photographers to succeed.

15. Limitation of Liability and Indemnification

This section outlines the limits of AetherLenz's liability and the obligations of users to indemnify AetherLenz against claims or damages resulting from their actions.

15.1 Limitation of Liability

AetherLenz is not liable for:

1. Indirect Damages: Loss of profits, revenue, or data resulting from the use of the Platform.
2. Third-Party Actions: Misconduct, negligence, or errors by Organizers, Photographers, or third-party service providers.
3. User Actions: Losses caused by false information, unlawful behavior, or misuse of the Platform by users.
4. Service Interruptions: Delays, failures, or downtime caused by technical issues, maintenance, or events beyond AetherLenz's control (e.g., natural disasters, cyberattacks).

15.2 Platform Availability

• AetherLenz does not guarantee uninterrupted or error-free service. Temporary disruptions may occur due to maintenance, upgrades, or unforeseen circumstances.
• Notifications will be provided for planned outages where feasible.

15.3 User Responsibilities

Users are responsible for:

• Ensuring their actions and Content comply with these Terms and applicable laws.
• Keeping account credentials secure and reporting unauthorized access promptly.
• Resolving disputes between Travelers, Organizers, and Photographers directly unless AetherLenz intervention is required.

15.4 Indemnification

Users agree to indemnify and hold harmless AetherLenz, its officers, employees, and affiliates from any claims, damages, or losses arising from:

1. Violation of Terms: Breach of these Terms or applicable laws.
2. Infringement: Uploading Content that violates intellectual property or privacy rights.
3. Misconduct: Fraudulent, negligent, or unlawful actions while using the Platform.
4. Third-Party Claims: Disputes between users (e.g., between a Traveler and a Photographer) that lead to legal claims.

15.5 Limitation on Claims

All claims against AetherLenz must be filed within six (6) months of the event giving rise to the claim. Claims filed after this period will be deemed invalid.

15.6 Disclaimer of Warranties

• The Platform is provided "as is" without warranties of any kind, either expressed or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.
• AetherLenz does not guarantee the accuracy, reliability, or completeness of any Content on the Platform.

16. Termination and Renewal

This section outlines the terms under which accounts or partnerships may be terminated, renewed, or suspended on the AetherLenz Platform.

16.1 User-Initiated Termination

• End Users (Travelers):
  • Travelers may terminate their accounts at any time by contacting support@aetherlenz.com.
  • Upon termination, personal data, including Reference Photos, will be deleted as outlined in the Data Retention Policy.
• Organizers and Photographers:
  • Organizers and Photographers must notify AetherLenz in writing at least 30 days before terminating their participation on the Platform.

16.2 AetherLenz-Initiated Termination

AetherLenz reserves the right to terminate or suspend accounts or partnerships under the following circumstances:

• Violation of Terms: Breach of these Terms, including but not limited to data privacy violations, fraudulent activities, or failure to meet KPIs.
• Harm to Platform: Activities that damage AetherLenz's reputation, disrupt operations, or harm other users.

16.3 Renewal of Partnerships

• Partnerships with Organizers are valid for a maximum of one (1) year.
• Renewal is subject to:
  • Written confirmation from both parties.
  • Review of Organizer performance based on KPIs.

16.4 Effect of Termination

• Access to Media:
  • Upon termination, Travelers lose access to unpurchased media and stored Tokens.
  • Purchased media remains accessible unless the Traveler requests deletion.
• Funds:
  • Organizers may withdraw remaining earnings before termination, subject to third-party processing fees.
  • Outstanding balances owed to AetherLenz must be settled before termination is finalized.
• Data Deletion:
  • Personal and media data will be handled according to the Data Retention Policy.

16.5 Account Reinstatement

• Suspended Accounts: Users may request reinstatement by submitting a formal request with supporting documentation to support@aetherlenz.com.
• AetherLenz's Discretion: Reinstatement is subject to AetherLenz's evaluation of the issue leading to suspension and the user's compliance with corrective measures.

16.6 Notice Period

• AetherLenz will provide at least 30 days' notice for terminations, except in cases of severe violations, where immediate termination may apply.

17. Dispute Resolution and Governing Law

This section provides a structured framework for resolving disputes related to the AetherLenz Platform and outlines the governing legal jurisdiction.

17.1 Governing Law

These Terms and any disputes arising from their interpretation or execution shall be governed by the laws of the Republic of the Philippines, without regard to its conflict of laws principles.

17.2 Dispute Resolution Process

• Amicable Settlement:
  • Parties are required to first attempt to resolve disputes amicably through informal negotiation.
  • Users may initiate this process by contacting support@aetherlenz.com.
  • Negotiations must be conducted in good faith and completed within thirty (30) days of initiating the dispute.
• Mediation or Arbitration:
  • If an amicable settlement cannot be reached, disputes may be referred to mediation or arbitration under the rules of the Philippine Dispute Resolution Center, Inc. (PDRCI).
  • Arbitration will be conducted in English, and the arbitrator's decision shall be final and binding on all parties.

17.3 Venue for Disputes

• Any legal proceedings arising from disputes shall be filed in the courts of Taguig City, Philippines, unless otherwise agreed upon by all parties.

17.4 Limitations on Claims

• Claims related to these Terms must be filed within six (6) months from the date the cause of action arises.
• Claims filed after this period will be considered invalid and waived.

17.5 Costs and Fees

• Each party shall bear its own costs and attorney's fees during dispute resolution.
• Costs associated with mediation or arbitration shall be shared equally unless decided otherwise by the arbitrator or mediator.

17.6 Exclusions

The dispute resolution process does not limit AetherLenz's right to:

• Seek equitable relief in any jurisdiction to protect its intellectual property rights.
• Pursue legal action for breaches of data privacy or unauthorized use of the Platform.

18. Miscellaneous Provisions

This section covers additional provisions to ensure the enforceability, clarity, and proper administration of the Terms and Conditions.

18.1 Entire Agreement

These Terms and Conditions constitute the entire agreement between you and AetherLenz regarding your use of the Platform. They supersede any prior agreements, communications, or understandings, whether written or oral.

18.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction:

• The remaining provisions will remain in full force and effect.
• The invalid provision will be replaced by a valid provision that most closely reflects the original intent.

18.3 No Waiver

Failure by AetherLenz to enforce any provision of these Terms does not constitute a waiver of its rights to enforce that provision or any other provisions at a later time.

18.4 Force Majeure

AetherLenz will not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to:

• Natural disasters (e.g., earthquakes, floods).
• Acts of government or regulatory authorities.
• Technical disruptions (e.g., power outages, cyberattacks).

18.5 Assignment

• Users may not assign or transfer their rights or obligations under these Terms without prior written consent from AetherLenz.
• AetherLenz may assign or transfer its rights and obligations to an affiliate or as part of a merger, acquisition, or sale of assets.

18.6 Notices

• Notices to AetherLenz must be sent via email to legal@aetherlenz.com or through registered mail to the address specified on the AetherLenz website.
• Notices to users will be sent to the email address associated with their account.

18.7 Language

These Terms and all related documents are provided in English. In the event of discrepancies between the English version and any translations, the English version shall prevail.

18.8 Relationship of Parties

These Terms do not create an agency, partnership, joint venture, or employment relationship between you and AetherLenz. All parties remain independent entities unless otherwise stated.

19. Contact Information

For any questions or concerns, please reach out to us:

• Email: team@aetherlenz.com
• Website: https://aetherlenz.com

By using AetherLenz, you confirm that you have read, understood, and agree to these Terms and Conditions.

Thank you for choosing AetherLenz! We look forward to helping you capture and cherish your travel memories.