1. Introduction
Welcome to AetherLenz by Aether-Z Technologies, Inc.! We are pleased to provide you with an innovative platform and managed media-operations service connecting End Users with photographers, videographers, Organizers, venues, attractions, event operators, and AetherLenz-managed field teams across travel, event, venue, attraction, sports, tourism, and other high-volume experience settings. 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 help End Users locate, preview, purchase, and enjoy photos, videos, and similar media featuring their likeness across travel, event, venue, attraction, sports, tourism, and other high-volume experience settings. AetherLenz may operate as a software platform for third-party Organizers and may also provide AetherLenz-managed photography and video operations for venues, attractions, events, or partners. By leveraging technologies such as facial recognition, media indexing, QR-led access, referral attribution, Token commerce, and AI-enhanced media processing, the Platform facilitates the seamless capture, search, purchase, and enjoyment of high-quality media.
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:
End Users: Individuals using the Platform to search for, preview, purchase, and download photographs, videos, or similar media featuring their likeness.
Organizers: Businesses, agencies, operators, venues, attractions, event organizers, or other authorized entities managing media collections, employing or contracting Photographers, partnering with AetherLenz, or setting up photo or video services at venues, events, attractions, sports, tourism, or other locations. Depending on the arrangement, AetherLenz may also act as the operating Organizer or managed service operator for a location or event.
Photographers and Videographers: Individuals hired, contracted, invited, assigned, or affiliated with an Organizer or AetherLenz-managed operation who capture, upload, refer End Users to, or assist with media offered 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 venues, attractions, events, or other locations.
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 media enhancement, editing, quality improvement, and related processing where enabled. 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 and managed media-operations service designed to connect End Users with Photographers, videographers, Organizers, venues, attractions, event operators, and AetherLenz-managed field teams across travel, event, venue, attraction, sports, tourism, and other high-volume experience settings. It leverages advanced technologies like facial recognition, QR-led access, referral attribution, Token commerce, and AI-enhanced media processing to help End Users locate and preserve high-quality media featuring their likeness.
2.1 Mission and Vision
Mission: To deliver timeless media 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
For End Users:
Utilize facial recognition technology to quickly find and purchase media featuring themselves.
Access both original and/or AI-enhanced versions of purchased media.
Scan Organizer QR Codes as an alternative faster access path to the AetherLenz landing page or End User portal, where End Users may register or log in, view an Organizer's available collections, subscribe for publication notifications, and, after uploading a selfie or Reference Photo and completing required Platform steps, access previews from published collections.
Scan Photographer Referral QR Codes provided by a Photographer or videographer as an alternative faster access path to relevant AetherLenz collection, Organizer, or location flows, subject to Platform routing and availability.
For Organizers:
Manage collections of photographs and videos for specific events, venues, attractions, or other locations.
Assign photographers, set media pricing, and track revenue seamlessly.
Use approved Organizer QR Codes for End User collection access and Photographer Invite QR Codes for photographer or videographer onboarding requests.
Use Photographer Referral QR Codes and related reporting to understand the number of End Users referred or onboarded through a Photographer or videographer and the average number of photos purchased by those onboarded End Users, subject to privacy restrictions and Platform permissions.
For Photographers and Videographers:
Upload and showcase photographs, videos, or similar media to a broad audience.
Participate in media sales and monitor sales as permitted by their affiliated Organizer and applicable Platform settings.
Register or request affiliation through a Photographer Invite QR Code, subject to Organizer approval and Platform requirements.
Use approved Photographer Referral QR Codes to help End Users access relevant AetherLenz flows, while complying with consent, conduct, attribution, anti-fraud, and customer-interaction requirements.
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 and/or internal AI software may improve the quality of uploaded photographs and videos, subject to Platform settings, Organizer configuration, Photographer options, and applicable consent requirements.
2.5 Platform-Enabled and AetherLenz-Managed Models
AetherLenz may support two operating models: (a) a Platform-Enabled Organizer Model, where a third-party Organizer, venue, agency, or event operator runs the photography or video operation and uses AetherLenz tools; and (b) an AetherLenz Managed Operations Model, where AetherLenz acts as the practical operating Organizer, managed service provider, or venue media concessionaire for a location or event. These models may have different staffing, equipment, reporting, revenue-sharing, compliance, and operational arrangements.
2.6 Commitment to Collaboration
By fostering partnerships between End Users, Organizers, Venue Partners, Photographers, videographers, and AetherLenz-managed field teams, AetherLenz aims to create a thriving ecosystem that balances human creativity, responsible technology, and practical media access across multiple use cases.
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:
End User: An individual who registers to use the Platform for searching, previewing, and purchasing media featuring their likeness.
Organizer: A registered business, agency, operator, or other authorized entity managing media collections and employing or contracting photographers.
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 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 End Users' Reference Photos with media captured by Photographers. This feature is powered by AWS AI Services.
3.7 AI-Enhanced Media
Photographs, videos, or similar media processed using AetherLenz internal tools and/or third-party artificial intelligence software to improve quality, including through AetherLenz-provided enhancement presets selected by an Organizer, Photographer, videographer, or AetherLenz-managed operation for a collection.
3.8 Optional or Advanced Media Enhancement
3.9 Enhancement Preset
A preconfigured enhancement option, style, processing profile, editing setting, model configuration, filter, or workflow made available by AetherLenz for application to photos, videos, or similar media. Enhancement Presets may be powered by AetherLenz in-house tools and/or third-party AI or editing providers. Depending on Platform settings, an Organizer, Photographer, videographer, or AetherLenz-managed operation may select an Enhancement Preset to be applied automatically to all photos and/or videos uploaded in a collection.
An optional or advanced service, feature, preset, workflow, or processing option where media may undergo additional enhancement, editing, quality improvement, or preparation for preview, sale, download, or delivery. Such enhancement may be performed through AetherLenz internal tools, third-party providers, automated systems, manual review where available, or a combination of these, subject to Platform availability and applicable fees.
3.10 Liveness Verification
A security feature requiring End Users to verify their physical presence during account registration or periodically to ensure the authenticity of their Reference Photos.
3.11 Claimed Media
Media purchased by an End User that is accessible for download in their account.
3.12 Face Data
Personal information related to facial features, Reference Photos, face templates, face indexes, liveness-related data, matching results, or similar facial-feature-derived data processed for identification, verification, search, matching, fraud prevention, security, or account-protection purposes. AetherLenz treats such data as high-risk personal data and applies heightened safeguards, access controls, purpose limitation, and retention controls in accordance with applicable law.
3.13 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.
3.14 Content
All digital materials uploaded, created, or stored on the Platform, including media, promotional materials, and other assets.
3.15 Data Subject
The individual whose personal data (e.g., Reference Photos, Personal Data) is collected, processed, or stored by AetherLenz.
3.16 Third-Party Payment Provider
An external company that processes financial transactions on behalf of AetherLenz, ensuring compliance with relevant laws and security standards.
3.17 Exclusivity Rights
The rights granted to Organizers to operate within specific venues, events, attractions, locations, or commercial arrangements, contingent upon meeting Key Performance Indicators (KPIs).
3.18 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
3.19 Data Breach
An incident leading to the unauthorized access, disclosure, or destruction of personal data collected by AetherLenz.
3.20 Third-Party AI Software
External AI software used to enhance media quality, independent of AetherLenz's proprietary operations.
3.21 Personal Data
Information about an identifiable individual collected by AetherLenz, including names, email addresses, and Reference Photos, used solely for providing services.
3.22 Collection Code
A unique code auto assigned to each collection created by an Organizer, used by End Users to search media from that specific collection.
3.23 Organizer QR Code
A QR code generated, assigned, or approved by AetherLenz for an Organizer, Organizer profile, or Organizer collection access flow. Organizer QR Codes may point or route to the AetherLenz.com landing page or End User portal, where End Users may register or log in, view a list of collections created or managed by the Organizer, subscribe to be notified when a collection is published, and, for published collections, access previews from the selected collection after uploading a selfie or Reference Photo and completing required Platform steps. Organizer QR Codes provide an alternative faster media access path and may encode Organizer, collection, routing, referral, subscription, or access information. They must not be altered, misrepresented, or used outside approved Platform purposes.
3.24 Photographer Invite QR Code
A QR code generated, assigned, or approved by AetherLenz that allows interested photographers or videographers to access the Photographer Portal, register or log in, and submit a request to join or become affiliated with a specific Organizer. The Organizer may approve, deny, suspend, or revoke such requests through the Organizer Portal, subject to AetherLenz policies and applicable law. Scanning or submitting a request through a Photographer Invite QR Code does not guarantee acceptance, engagement, employment, or compensation.
3.25 Photographer Referral QR Code
A photographer- or videographer-specific End User access QR code generated, assigned, or approved by AetherLenz when the Photographer or videographer is added to or associated with a collection, Organizer, location, event, or AetherLenz-managed operation. A Photographer Referral QR Code may be unique to the Photographer or videographer within one Organizer relationship and may remain usable across multiple collections under that relationship, subject to Platform routing, expiration, rotation, suspension, or revocation. It is used to route End Users to relevant AetherLenz flows and to count the number of End Users referred or onboarded through the Photographer or videographer and the average number of photos purchased by those onboarded End Users. Scanning a Photographer Referral QR Code does not guarantee that media is available, published, searchable, purchasable, or that any incentive is payable.
3.26 AetherLenz Managed Operations
A service model where AetherLenz acts as the practical operating Organizer, managed service provider, venue media concessionaire, or outsourced media-operations provider for a venue, attraction, event, location, or partner. AetherLenz Managed Operations may include staffing, photographer or videographer assignment, site captains, training, shift supervision, equipment kits, QR deployment, End User activation, customer handling, media upload, quality control, reporting, payout administration, support, and compliance coordination.
3.27 Venue Partner
A venue, attraction, event operator, tourism project, brand, property owner, concession grantor, or similar partner that grants AetherLenz or an Organizer access, location rights, brand permissions, traffic access, exclusivity, or commercial rights to operate media services at a location or event.
3.28 Referral and Attribution Data
Data generated when Photographer Referral QR Codes, links, collection flows, registrations, onboarding events, and purchases are associated with a Photographer, videographer, Organizer, Venue Partner, location, shift, route, event, collection, or AetherLenz-managed operation. Referral and Attribution Data is limited for referral reporting to the number of End Users referred or onboarded through the Photographer or videographer and the average number of photos purchased by those onboarded End Users, and may be used for routing, reporting, incentive calculation where applicable, fraud prevention, quality control, commercial analysis, and performance management, subject to privacy restrictions and Platform permissions.
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 under 18 may use the Platform only with the consent and supervision of a parent or legal guardian.
By registering or using the Platform, an End User represents that they are at least eighteen (18) years old or have valid consent and supervision from a parent or legal guardian. If AetherLenz becomes aware that a minor used the Platform without proper consent, AetherLenz may suspend the account, restrict access, delete relevant data or media where appropriate, or require guardian confirmation.
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, 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, Venue Partners, Managed Operations, and Photographers
This section also applies to Venue Partners, AetherLenz-managed locations, site captains, assigned field teams, and videographers where applicable.
This section defines the roles, responsibilities, and obligations of Organizers, Venue Partners, AetherLenz-managed locations, Photographers, videographers, site captains, assigned field teams, and related personnel when using the AetherLenz Platform or participating in AetherLenz Managed Operations.
7.1 Responsibilities of Organizers
Organizers manage media collections and oversee Photographers' and videographers' activities. In AetherLenz Managed Operations, AetherLenz may perform some or all Organizer-like operational functions, including field staffing, site supervision, equipment deployment, QR routing, upload discipline, quality control, reporting, and payout administration. Organizer responsibilities include:
7.1.1 Legal Compliance
Obtain necessary permits and licenses to operate at venues, attractions, events, or other locations.
Ensure compliance with tax obligations, labor laws, and data privacy regulations.
7.1.2 Photographer Management
Hire, train, invite, assign, or supervise Photographers, videographers, site captains, or field personnel, unless AetherLenz is performing those functions under an AetherLenz Managed Operations arrangement.
Ensure Photographers, videographers, site captains, and field personnel 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.
Organizers may also use approved Organizer QR Codes to route End Users to the AetherLenz.com landing page or End User portal, where End Users may view Organizer collections, subscribe for collection publication notifications, and access previews from published collections after uploading a selfie or Reference Photo and completing required Platform steps. Organizer QR Codes are provided as an alternative faster media access path and do not replace required collection notices, consent, account registration, liveness verification, Reference Photo or selfie upload, Collection Codes, or other Platform requirements.
7.1.4 Organizer QR Code and Photographer Invite QR Code Management
Organizers are responsible for sharing only accurate, current, and AetherLenz-approved Organizer QR Codes and Photographer Invite QR Codes. Organizers must not alter, clone, obscure, or use QR Codes in a misleading, fraudulent, spam-like, or unlawful manner.
Organizer QR Codes may expire, rotate, or be refreshed approximately every six (6) months, or earlier for security, fraud prevention, operational, compliance, Organizer account, or collection-management reasons. Organizers are responsible for replacing expired or revoked QR Codes in their materials and locations.
Organizers may use Photographer Invite QR Codes to invite interested photographers or videographers to register through the Photographer Portal and request affiliation with that Organizer. Organizers and AetherLenz-managed teams may use Photographer Referral QR Codes for End User routing and field-level attribution. Organizers are responsible for reviewing, approving, denying, supervising, and documenting affiliation requests through the Organizer Portal and for ensuring that approved Photographers or videographers comply with Platform rules, applicable labor, tax, privacy, intellectual property, and contractual obligations.
7.1.5 Revenue Management
Set pricing for media, within AetherLenz's established limits.
Track earnings and ensure compliance with local tax regulations.
7.1.6 End User Consent and Communication
Provide End Users with clear information about the Platform, including:
How media is captured, stored, and processed.
Ensure End Users are registered on the Platform and have given consent before being photographed or filmed.
7.1.7 Branding, QR Codes, and Informational Materials
AetherLenz Branding: Provide Photographers with badges, logos, or lanyards to promote AetherLenz visibility and recognition.
End User Information: Distribute informational materials, including approved Organizer QR Codes where applicable, to help End Users understand the Platform's features, registration process, collection access, media search options, selfie or Reference Photo requirement for viewing uploaded media, subscription notifications, and preview access for published collections.
Photographer Referral QR Materials: Ensure that Photographer Referral QR Codes are used only for approved End User routing, collection access, and attribution purposes, and are not used to mislead End Users, create fake scans, inflate incentives, bypass consent requirements, or route End Users to unauthorized pages.
7.2 AetherLenz Managed Operations
AetherLenz may operate or help operate photography and video services for Venue Partners, attractions, events, tourism projects, or other locations as an AetherLenz Managed Operation. In this model, AetherLenz may act as operating Organizer, managed service provider, venue media concessionaire, or outsourced media-operations provider, while the Venue Partner may supply access, location rights, brand permission, visitor traffic, operating permissions, and other commercial support.
Managed Operations Scope: AetherLenz Managed Operations may include staffing, training, site captains, photographer or videographer pods, equipment kits, lighting, batteries, communication tools, QR materials, End User activation, customer scripts, route or zone assignments, media upload discipline, quality assurance, reporting, support handling, payout administration, and operational performance management.
Venue and Commercial Structures: AetherLenz may use different commercial structures for AetherLenz Managed Operations, including revenue share, minimum guarantee plus revenue share, service retainer plus lower revenue share, venue share, incentive arrangements, or other written or Platform-approved commercial terms. AetherLenz may retain a higher share of revenue in managed operations because it may carry staffing, equipment, training, upload, support, venue, insurance, compliance, and operating costs.
Photographer Status and Incentives: Photographers, videographers, site captains, or field personnel in AetherLenz Managed Operations may be employees, contractors, service providers, agents, or other legally recognized roles depending on the applicable written arrangement, local law, and actual operating structure. Compensation, referral incentives, bonuses, deductions, equipment accountability, and dispute procedures must be documented in the applicable agreement, Platform settings, or written policy.
Referral and Attribution Controls: AetherLenz may count the number of End Users referred or onboarded through a Photographer or videographer and the average number of photos purchased by those onboarded End Users. AetherLenz may use this limited referral attribution for reporting, incentive calculation where applicable, fraud prevention, quality control, commercial analysis, and performance management, subject to privacy restrictions and Platform permissions.
Sensitive Data Restrictions: Photographer, videographer, Organizer, Venue Partner, and managed-operation reporting must not include End User Reference Photos, Face Data, personal contact details, or other sensitive Platform data unless such disclosure is expressly described in the Privacy Policy, supported by consent, required by law, or otherwise authorized by AetherLenz under appropriate safeguards.
7.3 Responsibilities of Photographers and Videographers
Photographers and videographers are responsible for capturing, uploading, routing End Users to, or assisting with media on the AetherLenz Platform under the direction of their affiliated Organizer or, where applicable, an AetherLenz Managed Operation.
Pre-Upload Enhancement Option and Presets: Photographers, videographers, Organizers, or AetherLenz-managed operations may be given the option, subject to Organizer settings and AetherLenz availability, to select AetherLenz-provided Enhancement Presets and allow AetherLenz to enhance or edit all photos and/or videos taken before upload or upon upload into a collection. When this option is enabled, all applicable media uploaded in the relevant collection may be subject to the selected Enhancement Preset and enhancement or editing by AetherLenz using internal tools and/or third-party software before, during, or after upload processing.
7.3.1 High-Quality Media Capture
Capture photographs, videos, or other media that meet AetherLenz quality standards.
Avoid capturing non-consensual, inappropriate, or invasive content.
7.3.2 Media Uploads
Upload media promptly to the Platform under assigned collections.
Ensure that all media is appropriately categorized and adheres to Platform policies.
7.3.3 Consent Compliance
Obtain explicit consent from End Users before capturing their images or videos.
Inform End Users about the purpose and scope of media use.
7.3.4 Professional Conduct
Maintain professionalism and courtesy when interacting with End Users and other users.
Use Photographer Referral QR Codes only for approved End User routing and attribution purposes, and avoid aggressive selling, fake scans, misleading statements, unauthorized incentives, or conduct that harms End Users, Venue Partners, Organizers, AetherLenz, or the Platform.
Display AetherLenz branding materials for easy identification during operations.
7.3.5 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.
Handle AetherLenz or Venue Partner equipment, uniforms, QR materials, batteries, lighting, storage, communications tools, and other operating assets responsibly, where such assets are issued or assigned.
7.4 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, 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:
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.
May review, approve, deny, suspend, or revoke photographer or videographer affiliation requests submitted through Photographer Invite QR Codes, subject to Platform policies and applicable law.
Photographers:
Must be affiliated with a registered Organizer.
May register or log in through the Photographer Portal after scanning a Photographer Invite QR Code and submit a request to join a specific Organizer. A Photographer or videographer may upload media or access assigned collections only after the Organizer approves the affiliation and required Platform checks are completed.
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 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:
End Users: Search, preview, purchase, and download media.
Organizers and Venue Partners: Manage collections, supervise Photographers and videographers where applicable, coordinate with AetherLenz-managed teams, and track revenue or performance reports.
Photographers and Videographers: Upload media, monitor sales, use approved referral QR flows, and manage assigned collections or tasks.
9. Payment and Revenue Sharing
This section outlines the payment process, Token system, revenue-sharing structure, managed-operations commercial structures, referral incentives, and related obligations for End Users, Organizers, Venue Partners, Photographers, videographers, and AetherLenz-managed operations 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.
Closed-Loop Use: Tokens are closed-loop Platform credits. They are not legal tender, deposit accounts, stored-value accounts, securities, or e-money issued for general circulation. Tokens are non-transferable except as expressly allowed by the Platform, may be used only within AetherLenz for eligible media or services, and may not be sold, exchanged, or redeemed by End Users for cash.
Token Removal on Account Deletion or Platform Discontinuation: Available Tokens associated with an account may be cancelled, removed, or become unavailable when the account is deleted, terminated, or permanently closed, or if AetherLenz permanently discontinues the Platform, ceases operations, or undergoes liquidation or similar business cessation, subject to applicable law and any written refund or transition process announced by AetherLenz.
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:
Revenue Mode: Unless otherwise approved or enabled by AetherLenz, the default revenue-sharing mode is Revenue Mode, under which AetherLenz retains twenty-five percent (25%) of each media sale as a service fee.
Organizer's Share in Revenue Mode: The remaining seventy-five percent (75%) of revenue is credited to the Organizer's account, subject to applicable fees, reversals, taxes, and adjustments.
Growth Mode: If approved by AetherLenz and made visible in the Organizer Portal, an Organizer may toggle to Growth Mode. In Growth Mode, the Organizer receives sixty percent (60%) and AetherLenz receives forty percent (40%) of revenue from the sale of both photos and videos, subject to applicable fees, reversals, taxes, and adjustments.
Zero-Token Photos in Growth Mode: Growth Mode may allow an Organizer to set the price of photos at zero (0) Tokens without AetherLenz deducting a minimum service fee equivalent to twenty-five percent (25%) of one (1) Token. Unless AetherLenz approves a different limit in writing or through the Platform, this zero-Token photo setting is limited to up to three thousand (3,000) published photos per Organizer per calendar month while Growth Mode is enabled by AetherLenz. The cap resets each calendar month only if Growth Mode remains allowed by AetherLenz. Unused monthly allocations do not roll over. Zero-Token photos do not create payable Organizer revenue.
Growth Mode Controls: The sixty percent (60%) Organizer and forty percent (40%) AetherLenz split applies to paid photo and video sales while Growth Mode is active. AetherLenz may audit Growth Mode usage, zero-Token pricing, published-photo counts, referral behavior, downloads, suspicious activity, and related records for abuse, fraud, abnormal usage, unpaid fees, technical burden, compliance risk, Organizer account issues, or other operational or commercial reasons. Because Growth Mode is an AetherLenz-approved privilege, AetherLenz may pause, limit, suspend, revoke, or modify Growth Mode, zero-Token pricing, monthly limits, or counting rules at its discretion, with or without advance notice where AetherLenz considers immediate action appropriate.
Mode Availability and Approval: The Revenue Mode and Growth Mode toggle is available only to Organizers approved by AetherLenz. AetherLenz may approve, deny, suspend, modify, or revoke access to Growth Mode based on commercial, technical, risk, fraud, compliance, or operational considerations.
Managed Operations Commercial Terms: Where AetherLenz operates as managed service provider, operating Organizer, venue media concessionaire, or outsourced media-operations provider, AetherLenz may apply different commercial terms from Revenue Mode or Growth Mode, including revenue share, minimum guarantee plus revenue share, service retainer plus lower revenue share, venue share, Photographer or videographer incentives, site captain incentives, or other written or Platform-approved arrangements. These terms may reflect AetherLenz's responsibility for staffing, equipment, training, QR deployment, upload operations, customer handling, support, reporting, insurance, compliance, and Venue Partner obligations.
Photographer Compensation:
Photographers' compensation is managed directly by their affiliated Organizer. AetherLenz is not responsible for Photographer payments.
9.4 Payment Processing
Third-Party Providers: Transactions are processed through third-party payment providers using reasonable security and compliance measures and subject to applicable 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
End Users:
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.
Organizer Bank QR Code: Organizers may upload their chosen bank or e-wallet QR code in the Organizer Portal for receiving withdrawals. Organizers are responsible for ensuring that the uploaded QR code and account details are accurate, current, lawfully owned or authorized, and capable of receiving funds. AetherLenz is not liable for failed, delayed, misdirected, or rejected withdrawals caused by inaccurate or unauthorized QR codes or payment details provided by the Organizer.
Withdrawal Confirmation: Before the first withdrawal to an uploaded bank or e-wallet QR code, and whenever the Organizer changes the QR code or payment details, AetherLenz may require confirmation, verification, or additional checks through the Organizer Portal, email, support process, or other approved method before processing the withdrawal.
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.
End Users 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
Optional or Advanced Media Enhancement:
End Users, Organizers, Photographers, videographers, or AetherLenz-managed operations may be offered optional or advanced media enhancement, editing, preset, delivery, or processing services for a fee, subject to Platform availability, role permissions, and applicable collection settings.
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:
Name, email address, and Reference Photos for facial recognition.
Payment details for purchasing media or Tokens.
Organizer QR Code and Photographer Referral QR Code scan, referral, routing, collection access, account registration, login, subscription, notification preference, preview access, device, technical, location, Organizer, Photographer, videographer, shift, event, route, Venue Partner, and attribution information when End Users use QR Codes to access AetherLenz flows, view collections, subscribe to publication notices, preview published collections, or access the End User portal.
Organizers:
Business details (e.g., company name, address).
Contact information of authorized representatives.
Withdrawal information, including uploaded bank or e-wallet QR codes, QR Code configuration or approval data for Organizer QR Codes, Photographer Invite QR Codes, and Photographer Referral QR Codes, Venue Partner or location information, managed-operation settings, commercial terms, and field-team assignment information.
Photographers:
Personal details (e.g., name, contact information) provided during registration through an Organizer.
Photographer Invite QR Code and Photographer Referral QR Code referral data, professional or portfolio information submitted during registration or affiliation requests, Organizer or AetherLenz Managed Operation affiliation status, assignment, shift, location, equipment accountability, incentive, performance, approval, denial, suspension, and audit records.
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.
Route End Users to the appropriate AetherLenz landing page, End User portal, Organizer, Photographer Referral QR Code flow, managed-operation flow, Venue Partner collection, or active collection through QR Codes, and manage Photographer or videographer affiliation, assignment, referral attribution, and incentive workflows.
Support Organizer QR Code subscriptions and notifications, including notifying End Users when subscribed Organizer collections are published, subject to communication preferences and applicable law.
Improve Platform features and resolve user concerns.
10.3 Facial Recognition Data
Reference Photos: End Users upload Reference Photos for facial recognition matching with media.
Processing: Reference Photos, uploaded media, face templates or indexes, liveness-related data, matching results, and related logs may be processed by AetherLenz and/or AWS AI Services to provide facial recognition, indexing, search, matching, liveness verification, fraud prevention, security, and account-protection features. AWS acts as a service provider for relevant processing, while AetherLenz remains responsible for AetherLenz-controlled collection, use, disclosures, logs, settings, and Platform records.
Retention:
Reference Photos are stored using reasonable security safeguards for the duration of the End User'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 may be deleted seven (7) to thirty (30) days after the collection is first published unless purchased, depending on the auto-deletion period selected or enabled by the Organizer and approved Platform settings.
Purchased media is stored in an End User's account indefinitely unless the account is deleted by the End User.
Personal Data:
Retained only as long as necessary for Platform operation, legal compliance, dispute resolution, fraud prevention, security, accounting, tax, audit, support, and legitimate business records, subject to applicable law and user rights.
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:
AetherLenz may provide Organizers, Venue Partners, managed-operation leads, site captains, or authorized business users with collection access, transaction, sales, referral count, onboarded End User count, average photos purchased by onboarded End Users, equipment, shift, route, and performance information reasonably necessary to operate the Platform or managed operation, but End User Reference Photos, Face Data, personal contact details, and sensitive Platform data must not be disclosed except as described in the Privacy Policy, with consent, or as required by law.
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: End Users 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 reasonable security measures designed 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, Organizers, and Photographers. This section explains their usage and related responsibilities.
11.1 Facial Recognition Technology
Purpose: Facial recognition technology is used to match End Users' Reference Photos with media captured by Photographers, enabling End Users to quickly locate and purchase their photos or videos.
Technology: Powered by AWS AI Services and/or AetherLenz-controlled systems, facial recognition is conducted using reasonable safeguards designed to support data privacy, security, and matching accuracy.
11.2 Reference Photos
Selfie or Reference Photo Requirement: End Users who wish to view uploaded media must upload a selfie or Reference Photo and complete required Platform steps. Uploaded media cannot be viewed through the Platform without uploading a selfie or Reference Photo and completing required Platform steps.
Requirements: End Users must upload a clear selfie or Reference Photo to view uploaded media and optimize facial recognition accuracy. At least three Reference Photos are recommended where the Platform allows multiple uploads.
Liveness Verification: End Users 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: Uploaded media may be automatically enhanced using third-party and/or internal AI software, including tools that improve resolution, lighting, and overall quality.
Enhancement Presets: Organizers, Photographers, videographers, or AetherLenz-managed operations may select from AetherLenz-provided Enhancement Presets to be applied to all photos and/or videos uploaded in a collection, subject to Platform settings, technical availability, provider limitations, and applicable consent or notice requirements. Presets may be powered by AetherLenz in-house tools and/or third-party AI or editing providers, and may affect color, lighting, resolution, sharpness, framing, noise reduction, style, or other media-quality characteristics.
Optional or Advanced Enhancements: End Users, Organizers, Photographers, videographers, or AetherLenz-managed operations may be offered optional or advanced enhancement, editing, preset, delivery, or processing options for an additional fee or under applicable commercial settings. Enhanced media will be available for preview, sale, download, or delivery after processing, subject to Platform availability and technical limitations.
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.
End User Responsibility: End Users are encouraged to update Reference Photos regularly to ensure accurate recognition.
11.5 Consent for AI Processing
By using the Platform, users authorize AetherLenz to process personal data reasonably necessary to provide and protect the Platform, including account registration, authentication, liveness verification, media indexing, search, matching, collection access, QR-code routing, subscriptions and notifications, payment, withdrawal, fraud prevention, security, customer support, and legal compliance. Facial recognition, liveness verification, AI enhancement, marketing, optional features, and processing involving minors may be subject to additional notices, settings, or consent flows where required by law or Platform policy.
The use of Reference Photos and facial-feature-derived data for facial recognition, liveness verification, media indexing, search, and matching.
Processing of uploaded media through internal and/or third-party AI technologies where enabled, including optional or automatic enhancements, quality improvement, indexing, and search-related processing.
Processing of uploaded media through selected Enhancement Presets, including collection-level automatic processing of all applicable photos and/or videos through AetherLenz internal tools and/or third-party AI or editing providers.
Media Indexing Notice: Uploaded media may be indexed and later searched or matched when an End User uploads, updates, or uses Reference Photos, subject to technical limitations, lawful basis, applicable notices, and consent requirements. Organizers and Photographers must ensure collection notices and consent materials disclose this indexing and later matching capability.
11.6 Incidental Captures
Public Spaces: Media captured at venues, attractions, events, or other locations 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.
Privacy Complaints and Restrictions: Where legally required or operationally feasible, AetherLenz may review, restrict access to, remove, delete, or coordinate with the relevant Organizer regarding media that is alleged to be unlawful, non-consensual, privacy-invasive, or otherwise in violation of these Terms. This provision does not guarantee that AetherLenz can identify every person appearing in media or provide automated masking, blurring, or takedown technology.
11.7 Data Retention
Facial Recognition Data: Reference Photos, face templates or indexes, liveness-related data, matching results, and related logs are retained as outlined in the Data Retention Policy or applicable notices and are deleted or deactivated upon account termination where required by law, Platform policy, or operational settings, subject to legal, security, dispute, fraud-prevention, accounting, backup, and audit requirements.
Media Retention: Uploaded media not purchased by End Users may be deleted seven (7) to thirty (30) days after the collection is first published, depending on the Organizer-selected or Platform-enabled auto-deletion period. Purchased media remains accessible while the End User account remains active unless deleted by the End User, the End User deletes the account, or deletion is otherwise required by law or Platform policy.
11.8 User Responsibilities
End Users:
Upload accurate and recent Reference Photos for optimal recognition.
Impact of Reference Photo Updates: Changes to Reference Photos may be used to search and match both previously uploaded and future media. The Platform generally indexes uploaded media and does not permanently associate media with a specific End User upon upload; matching may occur when an End User initiates or updates a search, subject to technical limitations, lawful basis, and applicable consent requirements.
Photographers and Organizers:
Obtain explicit consent from End Users 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
Photographers' Rights:
Photographers retain ownership of the media they capture and upload, including photographs, videos, or similar content, unless the media is created within the scope of employment, commissioned work, work-for-hire, an Organizer relationship, an AetherLenz-managed operation, venue arrangement, or another written agreement with an Organizer, AetherLenz, Venue Partner, employer, client, or other lawful rights holder, in accordance with applicable copyright law and the governing agreement between the parties.
Organizer or Commissioned Media: Where a Photographer or videographer works under an Organizer, including AetherLenz when AetherLenz acts as Organizer in a managed operation, ownership and use rights in the media are determined by the applicable employment, commission, work-for-hire, service, venue, or Organizer agreement. If no such exception or agreement applies, the Photographer or videographer generally retains ownership subject to the licenses granted in these Terms.
Enhancement and Ownership: Selection or application of an Enhancement Preset does not, by itself, transfer ownership of the original uploaded media from the Photographer, Organizer, AetherLenz, Venue Partner, employer, client, or other lawful rights holder. Rights in enhanced outputs, derivative files, edited versions, and deliverables remain subject to the applicable ownership rules, employment or work-for-hire arrangement, Organizer agreement, AetherLenz-managed operation terms, venue agreement, and these Terms.
Upload Account Deletion Control: Unless AetherLenz removes, restricts, or deletes media for legal, privacy, security, operational, policy, account, or compliance reasons, manual deletion of uploaded collection media is ordinarily performed through the Photographer account that uploaded the media, even where ownership or commercial rights may belong to an Organizer, AetherLenz, Venue Partner, employer, client, or other lawful rights holder under applicable agreement or law.
Photographer Attribution and Profile Display: Media previews shown to End Users will display the name of the Photographer or videographer who captured the media, together with contact information and portfolio or profile information provided or approved through the Platform. Photographers, videographers, Organizers, and AetherLenz-managed teams are responsible for keeping such profile information accurate, professional, and compliant with Platform rules.
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 Purchases:
End Users who purchase media obtain a non-exclusive, non-transferable license to download and use the purchased media for personal purposes.
End User License Restrictions: End Users may not resell, sublicense, commercially exploit, use for unlawful edits, use to harass, defame, impersonate, or harm any person, use for AI training, model training, scraping, dataset creation, automated facial recognition, or similar machine-learning purposes, remove or alter watermarks or rights notices except as permitted by the purchased media terms, or use purchased media in a manner that violates law, privacy rights, intellectual property rights, or these Terms.
12.2 Licenses Granted to AetherLenz
By uploading Content to the Platform, Photographers and Organizers grant AetherLenz:
Non-Exclusive License:
To store, display, and distribute the Content for preview and purchase by End Users.
To process Content using AI technologies, internal tools, third-party providers, and selected Enhancement Presets for enhancements, editing, quality improvements, collection-level processing, preview generation, delivery, and Platform services.
Promotional Use:
AetherLenz may use uploaded Content for marketing or promotional purposes only where the content is anonymized, de-identified, aggregated, blurred, non-identifying, covered by appropriate consent or release, or otherwise lawfully permitted, and where such use does not infringe End Users' privacy or other rights.
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 End User Consent
Organizers and Photographers must ensure that End Users 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.
Enhancement Presets, processing profiles, preset names, preset designs, model configurations, editing workflows, software, user interface elements, and related AetherLenz-provided tools are owned by AetherLenz or its licensors. Users receive only a limited right to select and apply available presets through the Platform for authorized collection processing, and may not copy, extract, reverse engineer, resell, sublicense, or use the presets outside the Platform unless expressly authorized by AetherLenz.
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 may be automatically deleted seven (7) to thirty (30) days after the collection is first published, depending on the Organizer-selected or Platform-enabled auto-deletion period.
Purchased media will remain accessible to End Users indefinitely unless deleted by the End User.
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: Uploaded media must be supported by appropriate End User consent, collection notices, or Organizer documentation for capture, facial recognition, media processing, and sale where required by law and Platform policy.
Audit/Performance Measurement: Data privacy compliance is mandatory for all uploaded media. The ninety percent (90%) metric is used only as an audit and performance measurement tool for Organizer and Photographer review; it does not authorize, excuse, or permit non-compliant uploads.
Non-Compliance: Any privacy or consent violation may result in corrective action, removal or restriction where legally required or operationally feasible, penalties, suspension, termination, or referral to appropriate authorities. Repeated, material, or unresolved compliance issues may also affect KPI standing, exclusivity, and Organizer approval status.
13.2.2 Quality Over Quantity (30% Weight)
Requirement: The number of purchased media items per End User must reflect quality capture, emphasizing value to the End User.
Evaluation: Higher weights are given to media that results in more purchases per End User.
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 End User purchasing behavior.
Formula:
13.2.4 Overall KPI Formula:
13.3 Exclusivity Rights
Eligibility: Consistent achievement of KPI thresholds may grant Organizers exclusivity rights to operate in specific venues, events, attractions, locations, or other approved commercial arrangements.
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, End User purchases, and Organizer activities.
Managed Operations Metrics: For AetherLenz Managed Operations, AetherLenz may also collect and evaluate scan-to-registration rates, registration-to-preview rates, preview-to-purchase rates, repeat purchase behavior, customer satisfaction, refund and support costs, contribution margin, photographer-hour productivity, equipment utilization, upload reliability, and location-day performance.
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, 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
End Users 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, videographers, site captains, and field personnel 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.
Use Organizer QR Codes, Photographer Invite QR Codes, and Photographer Referral QR Codes only for approved Platform purposes and keep posted or distributed QR Codes accurate, current, and non-misleading.
14.4 Photographers
Photographers, videographers, and field personnel are required to:
Obtain explicit consent from End Users before capturing images or videos.
Capture high-quality media that complies with Platform guidelines.
Maintain professionalism and courtesy during interactions with End Users and colleagues.
Use approved scripts, route assignments, QR materials, uniforms, IDs, equipment, and customer-handling standards where required by an Organizer, Venue Partner, or AetherLenz Managed Operation.
Display AetherLenz branding materials during operations to ensure easy identification.
14.5 Prohibited Activities
Misusing, altering, cloning, spoofing, or distributing Organizer QR Codes, Photographer Invite QR Codes, Photographer Referral QR Codes, Collection Codes, links, or routing materials for phishing, fraud, fake scans, incentive gaming, spam, unauthorized access, misleading onboarding, aggressive selling, or other unlawful or unauthorized purposes is prohibited.
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 End Users.
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:
Indirect Damages: Loss of profits, revenue, or data resulting from the use of the Platform.
Third-Party Actions: Misconduct, negligence, or errors by Organizers, Photographers, or third-party service providers.
User Actions: Losses caused by false information, unlawful behavior, or misuse of the Platform by users.
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 End Users, 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:
Violation of Terms: Breach of these Terms or applicable laws.
Infringement: Uploading Content that violates intellectual property or privacy rights.
Misconduct: Fraudulent, negligent, or unlawful actions while using the Platform.
Third-Party Claims: Disputes between users (e.g., between an End User 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:
End Users 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 or account deletion, End Users lose access to unpurchased media and available Tokens associated with the account, subject to applicable law and any written refund or transition process announced by AetherLenz.
Purchased media remains accessible while the End User account remains active unless the End User requests deletion, deletes the account, or deletion is required by law, Platform policy, or operational settings.
Funds:
Organizers may withdraw remaining earnings before termination, subject to third-party processing fees. Organizer withdrawals are settlement of Organizer earnings and do not constitute End User redemption of Tokens for cash.
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.
