A. Preliminary
1. Acceptance
These Terms of Service ("ToS" or "Terms") govern Customer's access to and use of products and services provided by HKR Media SRL ("HKR", "we", "us") (the "Service"). By doing any of the following, Customer accepts and agrees to be bound by these Terms:
(a) creating an account on the Service;
(b) purchasing a Credit Pack, activating or renewing a Subscription, or otherwise paying for the Service; or
(c) paying any invoice issued by HKR that references these Terms.
The Terms become effective on the earliest of these actions and continue in force until terminated in accordance with Section 30.
The current version of these Terms is published at hkr.ai/terms and is identified by a version date. The version in force at the time Customer performs any of the acceptance acts above governs Customer's use of the Service. Customer is responsible for reviewing the current version periodically.
2. Definitions
In these Terms:
- Affiliates means any entity that controls, is controlled by, or is under common control with a party. The Customer Account is granted to the Customer entity only; Affiliate use of the Service requires a separate written addendum.
- AI Tools means artificial intelligence, machine learning, and automated or semi-automated technologies HKR uses in the production of Deliverables.
- Authorized Users means individuals invited by Customer's account administrator to access the Customer Account.
- Credits means the units of consumption Customer purchases to access Deliverables. Credits are issued to the Customer Account.
- Credit Pack means a quantity of Credits purchased together at the price published at the time of purchase.
- Customer means the legal entity that registers a Customer Account or otherwise accepts these Terms.
- Customer Account means the account opened by Customer to access the Service.
- Deliverables means the work product HKR produces for Customer in fulfillment of Customer's Inputs and instructions.
- HKR means HKR Media SRL.
- Inputs means materials Customer submits to HKR for the production of Deliverables, including briefs, brand guides, mock-ups, source materials, and instructions.
- Order means the website pricing page, checkout transaction, or written order form pursuant to which Customer purchases the Service.
- Service means the HKR.AI product and services HKR makes available, including via
platform.hkr.ai. - Service Channels means the means through which HKR delivers the Service or receives Customer instructions, including the HKR.AI platform and any online written channels designated by the parties from time to time.
- Sub-processors means third parties HKR engages to process Customer Personal Data, listed at hkr.ai/trust-center.
- Subscription means a recurring purchase of Credits or other Service entitlements on the cadence published at the time of subscription.
- Taxes means all taxes, duties, levies, or similar governmental charges, however denominated, imposed on or in connection with the Service, other than taxes imposed on HKR's net income.
Capitalized terms used but not defined here have the meaning given elsewhere in these Terms, in the Data Processing Agreement at hkr.ai/dpa, or in the Acceptable Use Policy at hkr.ai/aup.
3. Eligibility
By accepting these Terms or using the Service, Customer represents and warrants that:
(a) Customer is acting in a business, professional, or other non-consumer capacity;
(b) Customer has the legal capacity and authority to bind the legal entity it claims to represent;
(c) neither Customer nor any of its controlling persons is located in, ordinarily resident in, or owned by any party subject to applicable sanctions or trade restrictions (including those of the European Union, United States, United Kingdom, or United Nations); and
(d) the individual accepting these Terms on Customer's behalf is at least 18 years of age and is duly authorized to do so.
Customer agrees to provide accurate registration information, including a valid business identifier (VAT number, EIN, or equivalent) where requested. The Service is offered exclusively to business customers and is not directed at consumers.
B. Account
4. Account and authentication
Customer accounts may be authenticated via password, email magic link, single sign-on (SSO), or other methods HKR makes available from time to time.
Customer is responsible for: (a) the security of its credentials regardless of the authentication method; (b) any technical configuration HKR requires for SSO integration; (c) all activity that occurs under the Customer Account; and (d) promptly notifying HKR of any suspected credential compromise or unauthorized access through the support channels HKR makes available.
HKR may suspend access to the Customer Account where HKR has reasonable grounds to suspect credential compromise, abuse, or breach of these Terms.
5. Authorized Users
Customer's account administrator may invite individuals affiliated with Customer ("Authorized Users") to access the Service under the Customer Account. Customer remains fully responsible for all acts and omissions of its Authorized Users as if they were Customer's own, including any breach of these Terms or the Acceptable Use Policy.
Customer is responsible for: (a) determining which individuals to invite as Authorized Users; (b) ensuring Authorized Users comply with these Terms; (c) revoking Authorized User access promptly when no longer required; and (d) any consequences of failing to revoke such access in a timely manner.
C. The service
6. The Service
The Service comprises human-supervised AI Deliverables produced by HKR for Customer based on Customer's Inputs and instructions. Customer purchases Credits (in Credit Packs, through a Subscription, or otherwise as set out in an Order) and consumes Credits to obtain Deliverables. The Credit consumption per Deliverable type is published from time to time.
The HKR.AI platform at platform.hkr.ai serves as Customer's account management interface, including for account registration, Credit purchases, billing, Customer Account dashboard, and project tracking. Substantive service delivery — including the submission of Customer Inputs and the transmission of Deliverables — flows through Service Channels as defined in Section 2.
7. AI disclosures
The Service uses AI Tools to assist in the production of Deliverables under human supervision. Customer acknowledges that:
(a) AI-generated content is probabilistic and may contain inaccuracies or content that does not match Customer's expectations;
(b) HKR exercises professional oversight and quality control over Deliverables but does not guarantee any specific level of accuracy, completeness, or fitness for any particular purpose;
(c) Deliverables do not constitute professional advice (including medical, legal, financial, tax, pharmaceutical, or other regulated advice); Customer is solely responsible for ensuring use of Deliverables complies with applicable law and any professional review required in Customer's industry;
(d) Customer is responsible for reviewing Deliverables before use and for any consequences arising from Customer's use of Deliverables; and
(e) where applicable law requires labeling or other disclosure of AI-generated or AI-assisted content, HKR will comply with its own deployer obligations; Customer remains responsible for any labeling or disclosure obligations applicable to Customer as the publisher or downstream user of Deliverables.
8. Availability and changes
Availability. HKR endeavors to provide the Service on a best-effort basis but does not guarantee any specific level of uptime, availability, or response time. The Service may be temporarily unavailable due to scheduled maintenance, technical issues, third-party dependencies, or other events outside HKR's reasonable control.
Changes. HKR may at its discretion modify, enhance, or discontinue features of the Service. HKR will provide reasonable notice of changes that materially reduce Service functionality.
Beta features. HKR may from time to time make experimental or pre-release features ("Beta Features") available to selected Customers. Beta Features are provided AS-IS, without warranty of any kind, may be withdrawn or modified at any time without notice, and may be subject to additional terms presented at the time of access.
D. Commercial — credits, subscriptions, payment
9. Credits
Credits are the units of consumption Customer uses to obtain Deliverables.
Purchase and pricing. Credits are purchased in Credit Packs at the prices published at the time of purchase, or as set out in an Order. HKR may change Credit Pack pricing at any time; price changes apply only to purchases made after the effective date of the change.
Expiration. Unless otherwise specified in an Order, Credits expire twelve (12) months from the date of purchase. Expired Credits are forfeited without refund.
Consumption. Credit consumption per Deliverable is determined by HKR based on the complexity, scope, and category of the Deliverable.
Internal use within Customer. Credits are issued to the Customer Account and may be used by any of Customer's Authorized Users and across Customer's business units. Customer is responsible for any internal allocation of Credits among its personnel.
No transfer; Affiliate use. Credits are not transferable to third parties and may not be sold, gifted, or exchanged. The Customer Account is granted to the Customer entity only; use of Credits by any Affiliate of Customer requires a separate written addendum with HKR.
Non-refundable. Credits are non-refundable, including on termination of the Services, except as expressly provided in these Terms or required by applicable law.
10. Subscriptions
Subscription model. Customer may purchase the Service on a Subscription basis. Subscription pricing, included Credits, and billing cadence are as set out at the time of subscription or in an Order.
Auto-renewal. Subscriptions automatically renew at the end of each billing period at HKR's then-current published price for the equivalent Subscription, unless Customer cancels in accordance with the cancellation mechanics below.
Cancellation. Customer may cancel a Subscription at any time. Cancellation takes effect at the end of the current billing period; Customer retains access to the Service through the end of the period for which Customer has already paid. Pre-paid Subscription fees are non-refundable.
Price changes. HKR may change Subscription pricing with at least thirty (30) days' advance notice. Price changes apply to renewals occurring after the effective date of the change; periods already pre-paid are not affected by the price change.
Treatment of Credits at renewal and cancellation. Included Credits associated with a Subscription may expire at the end of the billing period in which they were granted or on such later date as may be agreed between Customer and HKR at the time of subscription, but in any event no later than twelve (12) months from the date the Credits were granted. On cancellation, any Credits unused as of the effective date of cancellation are forfeited without refund unless otherwise specified in an Order.
11. Free trials
HKR may, at its sole discretion, offer free trials, promotional Credits, pilot access, or other introductory programs to selected Customers. Where offered, the specific terms of any free trial — including duration, scope, conversion to a paid plan, and any limitations — are presented to Customer at the time of the offer. Unless otherwise specified, free trials are limited to one (1) per Customer and may be modified, suspended, or terminated by HKR at any time. To the maximum extent permitted by applicable law, the Service is provided during any free trial on an "AS IS" and "AS AVAILABLE" basis, without warranty of any kind, whether express or implied.
12. Enterprise agreements
Where Customer and HKR have signed a separate written agreement specifically governing Customer's use of the Service (an "Enterprise Agreement"), the Enterprise Agreement prevails over these Terms to the extent of any conflict. These Terms continue to apply in all respects not expressly addressed by the Enterprise Agreement.
13. Taxes
Payments under these Terms are exclusive of Taxes. Customer is responsible for remitting any withholding Taxes due to the relevant authority and providing HKR with evidence on request. The parties will collaborate in good faith to apply any tax treaty or other lawful basis for reducing or eliminating withholding Taxes. To the extent withholding is required, Customer shall pay HKR an additional amount (a "Gross-up Payment") so that HKR receives the same net amount it would have received had no withholding been required, taking into account any Taxes imposed on the Gross-up Payment itself.
14. Payment
Payment in advance. Credits and Subscription fees are payable in advance at the time of purchase via the payment methods HKR makes available. The Service activates upon cleared payment. HKR issues an invoice or receipt confirming each payment.
Chargebacks and reversals. If a payment is reversed, charged back, or otherwise disputed by Customer or Customer's payment provider after activation, HKR may suspend or terminate the affected Services and forfeit any unused Credits associated with the payment, without prejudice to HKR's right to recover the disputed amounts.
E. User content and acceptable use
15. Customer Inputs
Customer's warranties on Inputs. Customer represents and warrants that, in respect of all Inputs submitted to HKR:
(a) Customer either owns the Inputs or has obtained all rights, licenses, consents, and authorizations necessary for HKR to use the Inputs as contemplated by these Terms;
(b) the Inputs do not and will not infringe any third party's intellectual property rights, rights of publicity, privacy rights, or other rights;
(c) where the Inputs include personal data, Customer has a lawful basis under applicable data protection law to share such personal data with HKR for the purposes of producing Deliverables, and has provided any required notices to data subjects;
(d) the Inputs do not include special-category personal data (as defined in the GDPR or equivalent), personal data of children, government-issued identification numbers, or confidential information of third parties, except where Customer has documented lawful basis and HKR's prior written approval; and
(e) the Inputs comply with the Acceptable Use Policy.
Limited license to HKR. Customer grants HKR a non-exclusive, worldwide, royalty-free license to use, copy, store, transmit, modify, and process Inputs solely as necessary to perform the Service and produce Deliverables for Customer. HKR's commitments regarding the use of Inputs for AI model training are set out in Section 22.
16. Acceptable use
Customer shall use the Service in compliance with HKR's Acceptable Use Policy (the "AUP"), available at hkr.ai/aup. The AUP forms part of these Terms and is incorporated by reference. HKR may update the AUP from time to time; the current version applies at all times. Customer's breach of the AUP is a breach of these Terms; HKR may suspend or terminate the Service in accordance with Section 30 in response to any AUP breach.
17. Legal compliance
Each party shall comply with all laws, regulations, and orders applicable to its performance under these Terms, including export-control, sanctions, anti-bribery, anti-money-laundering, data-protection, and sector-specific regulations. Each party represents that no pending action, investigation, or proceeding against it would materially impair its ability to perform its obligations under these Terms.
F. Intellectual property
18. HKR's IP
HKR retains all right, title, and interest in and to: (a) the Service, including the HKR.AI platform, software, AI Tools, infrastructure, and any updates or modifications; (b) HKR's methodology, prompts, templates, internal know-how, and operational processes; (c) HKR's name, brand, trademarks, service marks, logos, and other commercial identifiers; and (d) any analytics, performance data, or other data HKR generates from the operation of the Service. Nothing in these Terms transfers to Customer any right, title, or interest in or to HKR's underlying intellectual property or commercial identifiers.
19. Deliverables
Ownership. Subject to Customer's full payment of all amounts due for the Service, Customer owns all right, title, and interest in and to the Deliverables produced for Customer. Deliverables are treated as "work made for hire" for Customer under the U.S. Copyright Act of 1976 and Romanian Law 8/1996 on copyrights and related rights.
Assignment. To the extent any Deliverables do not vest automatically in Customer as "work made for hire," HKR hereby exclusively, irrevocably, and unconditionally assigns to Customer all right, title, and interest in and to such Deliverables, for the maximum duration of protection of the relevant intellectual property rights, in all territories worldwide, and for all modes of exploitation now known or hereafter devised, conditional on Customer's full payment of all amounts due for the relevant Deliverables.
Reservation. HKR retains all right, title, and interest in and to any underlying components, templates, methodologies, prompts, AI Tools, and generic know-how that are not Customer-specific Deliverables. Nothing in this Section grants Customer any right in HKR's underlying intellectual property described in Section 18.
20. Feedback
Customer may from time to time provide HKR with feedback, suggestions, comments, or recommendations regarding the Service ("Feedback"). Customer grants HKR a worldwide, perpetual, irrevocable, royalty-free, fully paid-up license to use, modify, exploit, and incorporate Feedback into HKR's products and services, without any obligation, restriction, attribution, or compensation to Customer.
21. No output IP indemnity
HKR does not warrant that Deliverables are free from third-party intellectual property rights, rights of publicity, or other proprietary rights, and HKR does not indemnify Customer for any third-party claim arising out of or relating to Deliverables, including any claim of infringement, misappropriation, or violation of third-party rights. Customer is solely responsible for: (a) reviewing, verifying, and clearing Deliverables for Customer's intended use; (b) obtaining any third-party licenses, consents, or clearances required for Customer's use of Deliverables; and (c) any consequences arising from Customer's use, distribution, or commercial exploitation of Deliverables. This Section does not affect Customer's indemnification obligations under Section 28.
22. No training on Inputs
HKR does not provide Customer Inputs to third-party AI model providers for the purpose of training, fine-tuning, or improving their models.
HKR's internal methodology, prompts, templates, and operational know-how (as described in Section 18) are HKR's own property.
G. Data processing and confidentiality
23. Data processing
Data Processing Agreement. Where Customer Inputs include personal data, HKR processes that personal data as Processor on Customer's documented instructions. HKR's Data Processing Agreement, available at hkr.ai/dpa, forms part of and is incorporated by reference into these Terms; the DPA applies from the moment Customer's use of the Service involves the processing of personal data.
Sub-processor list. HKR engages third parties to process Customer Personal Data in connection with the Service ("Sub-processors"). The current Sub-processor list is published at hkr.ai/trust-center.
Customer authorization. Customer authorizes HKR to engage Sub-processors as set out in this Section. Customer acknowledges and agrees that HKR may select, switch, or replace its AI / ML model providers at HKR's discretion to maintain service quality, speed, and competitive positioning.
Notice. HKR will publish updates to the Sub-processor list at least seven (7) days before adding a new category of Sub-processors that materially changes the type of processing of Customer Personal Data. Routine additions, replacements, or changes of Sub-processors within existing categories do not require advance notice. Customer is responsible for monitoring the published list.
Objection. If Customer objects in writing to a new category within the notice period, Customer's sole remedy is to terminate the affected Service and receive a pro-rata refund of any unused Credits associated with the terminated Service. HKR is not obligated to modify its Sub-processor arrangements or operations to accommodate any individual Customer's objection.
24. Confidentiality
Confidential Information. In connection with these Terms, a party may share with the other party non-public information that is identified as confidential or that should reasonably be understood to be confidential given its nature ("Confidential Information"), including business plans, pricing, financial and technical information, trade secrets, and information about a party's products, services, or operations.
Obligations. The receiving party shall (a) use Confidential Information solely to perform under these Terms; (b) protect it with the same degree of care it uses for its own confidential information, but no less than reasonable care; and (c) not disclose it to any third party except to personnel, advisors, and contractors with a need to know and under confidentiality obligations no less protective than this Section.
Exceptions. Confidential Information does not include information that (a) is or becomes publicly available without fault of the receiving party; (b) was in the receiving party's possession without confidentiality obligations before disclosure; (c) was independently developed without reference to the Confidential Information; or (d) was received from a third party without confidentiality obligations.
Required disclosure. A party may disclose Confidential Information to the extent required by law, regulation, or court order. Where lawful, the disclosing party shall give the other party prompt notice and reasonable cooperation to seek a protective order.
Survival. The obligations in this Section survive termination of these Terms for as long as the relevant Confidential Information remains confidential under applicable law.
H. Disclaimers, liability, indemnity
25. Limited warranty
HKR warrants that the Service will be performed in a professional manner consistent with the level of care and skill ordinarily exercised by reputable providers of similar services, and in compliance with all applicable laws and regulations.
26. Disclaimer of warranties
Except for the limited warranty in Section 25, the Service and all Deliverables are provided "AS IS" and "AS AVAILABLE," without warranty of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by applicable law, HKR disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and completeness.
HKR does not warrant that the Service will be uninterrupted, error-free, or secure, or that Deliverables will meet Customer's specific expectations or requirements.
27. Limitation of liability
Exclusion of consequential damages. To the maximum extent permitted by applicable law, neither party shall be liable to the other or to any third party for any indirect, incidental, special, exemplary, consequential, or punitive damages, including loss of profits, revenue, business opportunity, goodwill, or data, arising out of or related to these Terms, whether based on contract, tort (including negligence), strict liability, or otherwise, regardless of whether such damages were foreseeable or whether the party was advised of the possibility of such damages.
Aggregate cap. Each party's aggregate liability arising out of or related to these Terms shall not exceed the total amounts paid by Customer to HKR in the twelve (12) months preceding the event giving rise to the liability.
Exceptions. The exclusions and limitations in this Section do not apply to: (a) Customer's indemnification obligations under Section 28; (b) Customer's payment obligations; or (c) any liability that cannot be limited or excluded under applicable law.
28. Indemnification
Indemnification by Customer. Customer shall defend, indemnify, and hold harmless HKR and its officers, directors, employees, agents, and Affiliates from and against any third-party claim, action, demand, loss, liability, damage, fine, penalty, cost, or expense (including reasonable attorneys' fees) arising out of or relating to:
(a) any breach by Customer of the warranties in Section 15 regarding Customer Inputs;
(b) any breach by Customer of the Acceptable Use Policy;
(c) any third-party claim of infringement, misappropriation, or violation of intellectual property rights, rights of publicity, or other proprietary rights arising out of or relating to Customer Inputs, Customer's brief or specifications, or Deliverables produced in accordance with Customer's instructions;
(d) Customer's use, distribution, modification, or commercial exploitation of Deliverables (including any downstream use by Customer's clients, end users, or other recipients); and
(e) Customer's failure to comply with applicable laws or regulations relating to the use, distribution, or labeling of Deliverables, including AI transparency or labeling obligations.
Procedure. HKR shall give Customer prompt written notice of any claim subject to indemnification. Customer shall have sole control of the defense and settlement of the claim, provided that any settlement that imposes obligations on HKR or admits HKR's liability requires HKR's prior written consent (not to be unreasonably withheld). HKR may participate at its own expense with counsel of its choosing.
29. Force majeure
Neither party shall be liable for any failure or delay in performance under these Terms to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, fire, flood, epidemics, war, terrorism, civil unrest, government action, labor disturbances, power or internet outages, or third-party service failures ("Force Majeure Events"). The affected party shall give the other party prompt notice of the Force Majeure Event and use reasonable efforts to mitigate the impact and resume performance as soon as practicable.
I. Term, suspension, termination
30. Term and termination
These Terms become effective on the earliest of Customer's acceptance acts described in Section 1 and continue in force until terminated in accordance with this Section.
Suspension. HKR may suspend Customer's access to the Service, in whole or in part, on reasonable notice (which may be after the fact in cases of immediate risk) if: (a) Customer fails to pay any amount when due; (b) Customer breaches the Acceptable Use Policy or any other material provision of these Terms; (c) Customer or any of its controlling persons becomes subject to applicable sanctions or trade restrictions; (d) HKR reasonably suspects credential compromise, abuse, or a security incident relating to the Customer Account; or (e) Customer initiates a chargeback or other payment reversal in connection with the Service.
Termination. Either party may terminate these Terms:
(a) for a Subscription, by cancellation in accordance with Section 10 (cancellation takes effect at the end of the current billing period);
(b) for cause, on written notice if the other party materially breaches these Terms and fails to cure the breach within seven (7) days of written notice (or such longer period as is reasonable given the nature of the breach); or
(c) immediately, on written notice, if the other party becomes insolvent, files for bankruptcy, ceases to do business, or is dissolved.
HKR may additionally terminate these Terms or the Customer Account immediately for any breach of the Acceptable Use Policy or other material breach that is not curable.
Effect of termination. On termination: (a) Customer's right to access and use the Service ceases on the effective date; (b) unused Credits are forfeited, except as otherwise specified in an Order; (c) Customer remains liable for all amounts accrued or payable as of the effective date; and (d) HKR's deletion or return of Customer Personal Data is governed by the Data Processing Agreement.
Survival. Sections that by their nature are intended to survive termination — including those addressing intellectual property (Sections 18–22), confidentiality (Section 24), liability and disclaimers (Sections 26–27), indemnification (Section 28), and dispute resolution (Section 33) — survive termination of these Terms.
J. Publicity
31. Publicity
Logo and name use. Customer grants HKR a non-exclusive, worldwide, royalty-free license to use Customer's name and logo to identify Customer as a customer of HKR on HKR's website, in customer lists, in pitch materials, and in similar marketing collateral. Customer may revoke this license on written notice to HKR; HKR will cease use of Customer's name and logo within a reasonable period after receipt of the notice but is not required to recall already-distributed materials.
Case studies, testimonials, and quotes. HKR may publish case studies, testimonials, or quotes referring to Customer or Customer's use of the Service only with Customer's prior written consent, on a per-instance basis.
Nothing in this Section permits HKR to disclose Customer's Confidential Information without Customer's consent.
K. General provisions
32. Modifications
HKR may update these Terms from time to time. The current version is published at hkr.ai/terms and identified by a version date.
Notice. HKR will give Customer at least seven (7) days' advance notice of changes to these Terms by publishing the updated version and notifying registered Customers via email or in-platform notification. Material adverse changes — other than Subscription price changes governed by Section 10 — require at least thirty (30) days' advance notice.
Acceptance. Customer's continued use of the Service after the effective date of a change constitutes acceptance of the change. If Customer does not accept a change, Customer's sole remedy is to terminate the Service before the effective date of the change.
33. Governing law and dispute resolution
Governing law. These Terms are governed by the laws of Romania, without regard to conflict-of-laws principles.
Mediation and arbitration. Before commencing arbitration, the parties shall attempt in good faith to resolve any dispute through mediation. If the dispute is not resolved within twenty (20) days of a written demand for mediation, either party may submit the dispute to binding arbitration administered by the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania (CCIR) in accordance with its rules. The arbitration shall be conducted by a single arbitrator (or, where the amount in controversy exceeds USD 500,000, by a panel of three arbitrators), by video conference or other electronic means as agreed by the parties. Arbitration hearings shall take place within ninety (90) days of filing, and awards shall be rendered within one hundred twenty (120) days.
Prevailing party. The prevailing party in any arbitration is entitled to recover its reasonable attorneys' fees, expert witness fees, and out-of-pocket costs from the non-prevailing party.
Confidentiality of proceedings. Except as required by law, neither party nor any arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties.
Performance under these Terms shall continue during the pendency of any dispute, except where these Terms have been terminated in accordance with Section 30.
34. Notices
Notices to Customer. HKR may give Customer notice under these Terms by email to the address associated with the Customer Account, by in-platform notification, or by other means HKR reasonably designates from time to time. Notices are effective on transmission.
Notices to HKR. Customer shall give HKR notice under these Terms by email to the contact email HKR designates for legal notices from time to time. Notices are effective on receipt.
Electronic communications. Customer consents to receive notices, agreements, disclosures, and other communications from HKR in electronic form. Electronic communications satisfy any legal requirement that such communications be in writing.
35. Assignment
Customer may not assign, transfer, or sublicense its rights or obligations under these Terms, by operation of law or otherwise, without HKR's prior written consent. Any purported assignment in violation of this Section is void.
HKR may engage Sub-processors as set out in Section 23 and may assign these Terms (in whole or in part) to an Affiliate or in connection with a merger, acquisition, reorganization, sale of substantially all of its assets, or similar corporate transaction, on written notice to Customer.
These Terms bind and inure to the benefit of the parties and their respective permitted successors and assigns.
36. Miscellaneous
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its commercial intent to the maximum extent possible.
Waiver. No failure or delay by either party in exercising any right under these Terms operates as a waiver of that right. Any waiver must be in writing to be effective.
Entire agreement. These Terms — together with the Data Processing Agreement, the Acceptable Use Policy, the Privacy Policy, and any applicable Order — constitute the entire agreement between the parties with respect to the Service and supersede all prior or contemporaneous agreements, representations, and understandings, whether written or oral.
Language. These Terms are entered into in English. Any translation is provided for convenience only; in case of conflict between the English and any translated version, the English version controls.
No agency. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship. Neither party has authority to bind the other.
Electronic acceptance. Acceptance of these Terms by clicking, checking a box, or otherwise indicating agreement electronically has the same legal effect as a signed written agreement.
37. Contact
These Terms are entered into with:
HKR Media SRL
Office address: Mindspace, Globalworth Campus A, Bd. Dimitrie Pompeiu 4–6, Bucharest, Romania
Trade Register Number: J2021011826401
VAT / Tax ID: RO 36035484
Email for legal notices: legal@hkr.ai
Email for privacy matters: privacy@hkr.ai