Twin AI — Public Offer Agreement

1. Definitions

The following terms are used throughout this Offer:

Service

The "Twin AI" software and infrastructure platform providing remote access to AI-powered image, video and text generation features, available at https://twinailabs.com and via the "Twin AI" mobile application in the App Store and RuStore.

User

A natural person of legal age (18+), an individual entrepreneur or a legal entity that has entered into an agreement with the Provider by accepting this Offer.

Account

A secure personal area of the User in the Service, accessible by username and password or via third-party authentication services (Google etc.).

Credits

An internal accounting unit of the Service used solely to track the volume of generation services consumed. Credits are not electronic money, securities, debt of the Provider or any form of digital currency.

Subscription

The User's right to access extended Service features and/or receive a recurring allocation of Credits for the paid period (monthly, annual or other periods specified in the Plans).

Plan

The scope, volume and price of services published by the Provider at twinailabs.com/pricing at the time of acceptance or renewal.

Generated Content

Images, videos, text and other outputs of AI models created in the Service from User prompts and inputs.

Payment Processor

A third-party entity that processes payments on behalf of the Provider: YooMoney NCO LLC (the "YooKassa" service) for ruble payments; Stripe Payments Europe, Ltd. and/or other processors for international payments, as indicated on the checkout page.

AUP

The Acceptable Use Policy set out in Section 9 of this Offer, forming an integral part of this Offer.

Parties

The Provider and the User, jointly or individually.

2. Subject of the Offer

The Provider shall provide the User with paid remote access to the Twin AI Service, and the User shall accept and pay for the services in accordance with this Offer and the selected Plan.

The services include, in particular:

1. access to the web interface and mobile application of the Service;
2. processing of text, image and video prompts by AI models and delivery of the results (Generated Content);
3. crediting, debiting and refund of Credits;
4. provision of Subscription for the paid period;
5. storage of Generated Content, prompt history and other user data in the Account for the periods specified herein;
6. technical support of the User as set out in Section 17.

The Service is provided on a software-as-a-service (SaaS) basis. No exclusive or other proprietary rights to the Service software, trained models, databases or interface are transferred or licensed to the User.

The Service is rated 18+ and is not intended for and may not be used by minors or on behalf of minors.

3. Acceptance

Full and unconditional acceptance of this Offer (Article 408 of the Civil Code of the Republic of Belarus) is constituted by the following cumulative actions of the User:

1. creation of an Account in the Service, either directly or via third-party authentication (Sign in with Google etc.);
2. ticking the "I have read and accept the Public Offer and the Privacy Policy" checkbox during sign-up or upon first login after publication of a new version of the Offer;
3. making the first payment for the selected Plan or Credits — for paid features; for free use — actual use of the Service.

Consent to processing of personal data is given by a separate act — the Privacy Policy / Personal Data Consent at twinailabs.com/privacy-policy — and is confirmed by a separate action of the User. Consent to marketing communications is also given by a separate checkbox and is not bundled with acceptance of this Offer.

From the moment of acceptance, this Offer is deemed concluded between the Parties as a paid-services agreement on the terms hereof. The agreement is in electronic form, without a paper signature. Electronic communication at the addresses indicated by the Parties is recognised as the proper means of communication.

4. Sign-up and Account

The User registers in the Service independently and provides accurate and up-to-date information. The User is responsible for the accuracy of the information provided and for keeping it current.

The User is responsible for the confidentiality of the password and other access credentials. All actions performed in the Account under the User's credentials are deemed actions of the User, unless the User has notified the Provider in advance of compromised credentials at twinai.support@freeaiphoto.com.

The Provider may refuse registration or suspend or terminate access to the Account in cases of violation of this Offer, the AUP or applicable law, on reasonable suspicion of misuse, or upon request of competent authorities.

5. Plans, Credits and Payment

The price of services is determined by the Plan selected by the User and published at twinailabs.com/pricing at the time of acceptance or renewal. Plans may include one-time Credit purchases, recurring Subscription and/or combined offers.

For Users paying in Russian rubles, the currency of settlement is the Russian ruble (RUB); payment is processed by YooKassa (YooMoney NCO LLC). For other Users, the currency is the US dollar (USD) or the euro (EUR); payment is processed by Stripe Payments Europe, Ltd. or other processors. Other payment methods listed on the checkout page may apply.

Services are deemed duly rendered and accepted by the User:

• on the purchase of Credits — when the relevant amount of Credits is credited to the Account balance;
• on Subscription activation — when the relevant functionality is enabled and/or Credits provided under the Plan are credited;
• on each generation operation — when the generation result is successfully returned to the User's Account.

Credits are an internal accounting unit and are not exchangeable for cash, transferable to third parties or otherwise withdrawable. Credits issued under a Subscription or as a bonus have a limited validity period set out in the Plan or the relevant promotional rules; unused Credits expire at the end of such period without compensation.

A cash receipt / electronic invoice is issued by the Payment Processor in accordance with applicable law and sent to the User in electronic form to the e-mail address provided at registration or at payment.

6. Subscription and Auto-Renewal

The Subscription is concluded for the period indicated in the selected Plan. At the end of the paid period the Subscription is automatically renewed for the same term only on condition of the User's prior separate opt-in to auto-renewal in the Account. Without such opt-in, no automatic renewal occurs.

The amount of each renewal payment is the price of the current Plan as of the renewal date. The Provider notifies the User of the upcoming charge at least 24 hours in advance to the e-mail address provided at registration.

The User may cancel auto-renewal at any time and without giving any reason by:

1. disabling auto-renewal in the "Subscription" section of the Account;
2. sending an e-mail to twinai.support@freeaiphoto.com from the address registered with the Account.

After cancellation, access to Subscription features continues until the end of the current paid period. Amounts paid for that period are not retained beyond the Provider's actual costs as set out in Section 13.

7. Generated Content and IP Rights

The Provider does not claim exclusive rights to Generated Content produced by the User from a lawful prompt. Subject to the User's ongoing compliance with this Offer and the AUP, the Provider grants the User a non-exclusive, worldwide, irrevocable, paid-up licence to use Generated Content by any means not prohibited by law, including reproduction, distribution, modification, communication to the public and commercial use, for the term of the relevant intellectual-property rights.

The User represents and warrants that:

1. they hold all necessary rights to source images, videos, text and other materials submitted to the Service as references and prompts;
2. use of Generated Content does not infringe third-party intellectual-property rights, means of individualisation, protected secrets, privacy, image rights of individuals or other legally protected interests;
3. where Generated Content depicts identifiable individuals, the User has a lawful basis for such depiction (consent under Article 153.1 of the Civil Code of Belarus / Article 152.1 of the Civil Code of the Russian Federation or another lawful basis);
4. use of Generated Content complies with applicable law, including laws on advertising, protection of minors and counter-terrorism / counter-extremism.

Exclusive rights to the Service software, user interface, design, trained models, technical databases, the "Twin AI" trademark and other means of individualisation belong to the Provider. Nothing herein grants the User rights to such objects beyond the scope strictly necessary for the User's use of the Service.

The Provider does not use User prompts or Generated Content to train its own AI models without a separate User consent. The Provider may use anonymised technical metadata (model, duration, status, aggregated quality metrics) for technical support, monitoring, anti-abuse and improvement of the Service.

8. Rights and Obligations

The Provider shall:

1. provide access to the Service in the scope of the selected Plan;
2. safeguard Generated Content in the User's Account for the periods specified herein;
3. process User personal data in accordance with the Privacy Policy and applicable law;
4. provide technical support as set out in Section 17.

The Provider may:

1. unilaterally change Service features, Plans and the terms of this Offer in accordance with Section 14;
2. perform scheduled and unscheduled maintenance causing temporary Service unavailability, providing prior notice where reasonably practicable;
3. moderate User prompts and Generated Content for compliance with the AUP and applicable law, including refusing requests, removing Generated Content and suspending access;
4. engage third parties (including AI model providers, hosting, analytics, error monitoring) to perform obligations under this Offer;
5. refuse service, block the Account and terminate the agreement unilaterally in case of a material breach of this Offer or the AUP.

The User shall:

1. use the Service exclusively for lawful purposes in accordance with this Offer, the AUP and applicable law;
2. pay the Provider in accordance with the selected Plan;
3. keep Account credentials confidential and not transfer them to third parties;
4. ensure, at their own expense, the availability and operability of equipment, software and communications necessary to use the Service;
5. refrain from automated use of the Service (bots, scraping, mass generation circumventing rate limits) without the Provider's written consent.

The User may:

1. use the Service in the scope of the selected Plan;
2. at any time terminate the agreement and cancel auto-renewal as set out in Section 6 and Section 13;
3. contact the Provider for technical support and legally significant clarifications at twinai.support@freeaiphoto.com.

9. Acceptable Use Policy (AUP)

The User is strictly prohibited from using the Service to create, process, store, transmit or distribute the following materials or to engage in the following conduct:

1. child sexual abuse material (CSAM) in any form, including stylised, cartoon or AI-generated images and descriptions. Any suspicion will result in immediate blocking and reporting to the law-enforcement authorities of Belarus, the Russian Federation and other competent authorities;
2. non-consensual deepfakes and sexualised content depicting identifiable individuals without verifiable consent of the depicted person; content infringing privacy and image rights of individuals (Article 153.1 of the Civil Code of Belarus, Articles 152.1 and 137 of the Civil Code of the Russian Federation);
3. content propagating terrorism or extremism, calls for violent change of the constitutional order, instructions on the manufacture of weapons of mass destruction; content recognised as extremist under the laws of Belarus or the Russian Federation;
4. content discrediting state authorities, the armed forces or officials in violation of applicable criminal and administrative law, including Articles 207.3, 280.3 of the Criminal Code of the Russian Federation;
5. content inciting hatred or discrimination on grounds of race, nationality, language, origin, religion, sex, political beliefs or social status;
6. content infringing laws on the protection of minors from harmful information and on protection of traditional values;
7. content infringing third-party intellectual-property rights: generation in the style of an identified living author for commercial purposes without authorisation; generation of protected characters, trademarks or trade names; circumvention of technical protection measures;
8. fraudulent content: forged documents, seals, IDs, counterfeit currency or securities, forged signatures;
9. medical, legal or financial advice represented as professional; content liable to mislead a user or third party as to the qualifications of the source;
10. instructions for the manufacture of explosive, toxic or narcotic substances or weapons; malware, phishing materials, tools to bypass information-security measures;
11. unauthorised access to the Service: reverse engineering of models and infrastructure, circumvention of rate limits and moderation systems, use of scripts, bots and crawlers without the Provider's written consent;
12. spam, mass mailings, load testing of the Service without the Provider's written consent.

The User is solely responsible for the content of their prompts and the downstream use of Generated Content. The Provider does not pre-moderate every prompt but may use automated and human moderation to detect breaches of this Section.

10. Disclaimers and Limitation of Liability

The Service is provided on an "as is" and "as available" basis to the maximum extent permitted by applicable law. Given the probabilistic nature of AI models, the Provider does not warrant:

• that Generated Content will meet the User's subjective expectations as to style, accuracy, aesthetics or fitness for a particular purpose;
• uninterrupted 24/7 operation of the models or the Service as a whole;
• the absence in Generated Content of artefacts, inaccuracies, distortions or other defects inherent to the underlying technologies;
• identical results upon repeated execution of the same prompt with the same parameters.

To the maximum extent permitted by applicable law, the Provider's aggregate liability to the User on any cause of action related to the Service is limited to the amount actually paid by the User to the Provider during the six (6) months preceding the event giving rise to liability. Under no circumstances shall the Provider be liable for lost profits, indirect, incidental or consequential damages, attorney's fees or similar costs.

This Section does not limit or exclude rights of a User who is a consumer that are expressly granted by the Consumer Rights Protection Law of Belarus, the Consumer Rights Protection Law of the Russian Federation or other mandatory provisions of applicable law.

The Provider shall not be liable for:

1. acts of the User that breach this Offer, the AUP or third-party rights;
2. the content of prompts, other user materials and Generated Content;
3. the User's downstream use of Generated Content outside the Service;
4. acts and failures of suppliers (AI model providers, hosting, payment systems) provided the Provider exercised reasonable care in selecting them;
5. unavailability of the Service due to circumstances beyond the Provider's control (force majeure, acts of public authorities, failures of communication channels on the User's side or that of third parties).

11. Force Majeure

The Parties are released from liability for full or partial failure to perform obligations under this Offer if such failure is caused by force-majeure events arising after acceptance of the Offer that the Parties could not reasonably foresee or prevent. Such events include, in particular: natural disasters, fires, epidemics, military action, acts of public authorities restricting performance, large-scale network outages, third-party actions aimed at disrupting the Service (DDoS attacks etc.).

The Party affected shall notify the other Party of the onset and cessation of force-majeure events within a reasonable period.

12. Personal Data

The Provider processes User personal data as a data operator/controller in accordance with the Law of the Republic of Belarus No. 99-Z of 7 May 2021 "On Personal Data Protection" and, for Users who are residents of the Russian Federation, Federal Law No. 152-FZ of 27 July 2006 "On Personal Data", and, where applicable, the EU GDPR.

The purposes, categories, legal bases, retention periods and conditions of processing, the list of recipients (including for cross-border transfer) and the procedure for exercising data-subject rights are set out in the Privacy Policy at twinailabs.com/privacy-policy, which forms an integral part of this Offer.

By accepting this Offer the User acknowledges that they have read the Privacy Policy. Additional consents (for cross-border transfer, marketing communications, cookies for analytics) are requested separately where required.

13. Refunds

Refunds are issued by the Provider in the cases and in the manner set out in this Section and under applicable consumer-protection law.

Credits already consumed

A Credit used to pay for a successfully completed generation operation is treated as exchanged for a service rendered and accepted by the User (Section 5). No refund is issued for consumed Credits. This does not limit the User's right to a Credit refund where the generation could not complete due to technical reasons on the Provider's side; in such case the Credit is automatically returned to the Account balance.

Unused Credits from one-time packs

The User may at any time decline performance with respect to unused Credits from a one-time pack. The Provider will refund the value of unused Credits pro rata, less actual costs incurred by the Provider (payment-processor fees, infrastructure costs).

Subscription

The User may cancel the Subscription at any time. The Provider will refund the portion of the current paid period proportional to the remaining unused days, less actual costs incurred by the Provider, including: Payment Processor fees, the value of generation operations actually performed by the User during the paid period, and other costs incurred in connection with performance of the agreement. Content generated during the paid period remains under the licence granted in Section 8.

How to submit a refund request

A refund request is sent by the User by e-mail to twinai.support@freeaiphoto.com from the address registered with the Account, stating:

1. username (login) and registered e-mail;
2. date and identifier of the payment (receipt / transaction number);
3. ground for refund (Subscription cancellation, Credit-pack reversal, etc.);
4. refund details (refund is typically issued to the same payment card / account used for the payment).

The request is processed by the Provider within ten (10) calendar days of receipt (Article 25 of the Consumer Rights Protection Law of Belarus; Articles 22 and 31 of the Consumer Rights Protection Law of the Russian Federation). The refund is issued through the same Payment Processor used for the original payment, in accordance with that processor's rules.

Refunds will be refused if

1. the User has materially breached this Offer or the AUP (Section 9);
2. the Service has been used to commit acts prohibited by applicable law;
3. the User has provided false information in the refund request;
4. the request is made after expiry of the applicable limitation period.

14. Changes and Termination

The Provider may unilaterally amend this Offer. Users will be notified at least fourteen (14) calendar days before changes take effect by:

1. an e-mail to the address registered with the Account;
2. publication of the notice and the new version of the Offer in the Account and at twinailabs.com/public-offer.

Changes that worsen the position of a consumer User (increase in the price of the current Subscription, material reduction of rights in Generated Content, restriction of Service features within an already paid Subscription) take effect for that User only after that User's explicit active confirmation. Absent confirmation, the agreement terminates on the effective date stated in the notice and the unused portion is refunded per Section 13.

The agreement may be terminated:

1. by the User — at any time and without giving any reason, by deleting the Account or sending a request to twinai.support@freeaiphoto.com;
2. by the Provider — for material breach of this Offer or the AUP, with simultaneous notice to the User;
3. by mutual agreement;
4. on the grounds directly provided by applicable law.

15. Governing Law and Dispute Resolution

This Offer and any related relationship are governed by the law of the Republic of Belarus. For consumer Users habitually resident outside Belarus, mandatory consumer-protection rules of their place of residence apply to the extent required by applicable conflict-of-laws rules.

All disputes shall first be resolved by negotiation. The aggrieved Party shall send a written claim to the address shown in the requisites. The response period is thirty (30) calendar days from receipt.

Failing settlement, disputes are referred to court:

1. for disputes with a consumer User — to the court determined by applicable consumer-protection rules (including, where applicable, the court of the consumer's residence at the consumer's option); contractual derogation to the detriment of the consumer does not apply;
2. for disputes with a User who is an individual entrepreneur or legal entity — to the Economic Court of Minsk City (Republic of Belarus).

16. Language Versions and Precedence

This Offer is made in Russian and English. For Users resident in Belarus or the Russian Federation and in any dispute governed by the law of the Republic of Belarus, the Russian version prevails. For other Users the English version prevails, except where mandatory rules of applicable consumer-protection law require otherwise.

17. Notices and Miscellaneous

Legally significant communications are sent:

• to the Provider — to twinai.support@freeaiphoto.com (general matters), twinai.support@freeaiphoto.com (security and credential compromise), twinai.support@freeaiphoto.com (content complaints), twinai.support@freeaiphoto.com (personal-data matters);
• to the User — to the e-mail registered with the Account and via the Account.

A message is deemed delivered when it reaches the recipient's server, unless applicable law expressly provides otherwise.

The invalidity or unenforceability of any provision of this Offer does not affect the validity of the remaining provisions. The Parties will replace any such provision with a valid provision closest in economic effect.

This Offer takes effect from its publication at twinailabs.com/public-offer and remains in force until withdrawn by the Provider. The agreement concluded by acceptance of this Offer remains in force until terminated on the grounds set out in this Offer or in applicable law.