02License Terms for Uploading and Use of Publications

EXPLANATION OF TERMS

• AI assistant is an artificial intelligence tool that is part of software that will make use of electronic copies of publications to perform automated analysis of text and data from publications by means of the RAG method.
• Provider is Yarmill, s.r.o, ID No. 06990258, with its registered office at Lublaňská 267/12, 120 00 Prague 2, registered in the Commercial Register kept by the Municipal Court in Prague under file No. C 292640, which developed the software.
• Publications are monographs, scholarly articles, scientific publications, written notes and findings of a professional nature, and any other textual materials with scholarly text, text files, or other materials that the user uploads to the software for processing by the AI assistant.
• Software is a web and mobile application Yarmill for athletes, coaches, sports managers, union representatives, physiotherapists, masseurs and others, which is provided on the principle of SaaS (Software as a Service). The term software includes all computer programs, databases, graphic, textual and multimedia content and other elements protected under copyright act.
• User is you, the person who uses the software.

SUBJECT OF THE TERMS AND CONDITIONS

Publications can be uploaded to the software to use the AI assistant for automated publication analysis. The automated analysis is performed by means of the RAG (Retrieval-augmented Generation) method, for which it is necessary to keep copies of publications in the tool for a long time. The goal of the AI assistant is to be able to directly answer queries from athletes, coaches and others involved in sport, using relevant information from the uploaded publications.

SECTION A - TERMS FOR AUTHORS AND OTHER HOLDERS OF RIGHTS TO THE UPLOADED PUBLICATION

1. This section A applies to users who are themselves the author or other holder of rights to the publication and who have ticked the checkbox with a declaration for these rights holders (an abbreviated list of rights holders is given next to the checkbox). By ticking the checkbox, the user represents and warrants that he or she is one of the following persons with the rights described herein:
   1. is the sole author of the publication who exercises the economic rights to the publication without restriction (i.e. the publication is not an employee or collective work, nor has the author granted an exclusive license to a third party that would prevent the grant of authorisation to the extent specified in section 3.2.),
   2. is a co-author of the publication, and represents and warrants that the other co-authors of the publication unanimously agree to grant permission to grant the authorization to the publication to the extent specified in section 3.2.,
   3. is the sole heir of the author who exercises the economic rights to the publication after the author's death,
   4. is one of the heirs of the author/co-authors who exercise the economic rights to the publication after the death of the author and represents and warrants that the other such heirs unanimously agree to grant the authorization to the publication to the extent specified in section 3.2.,
   5. is the employer of the author or co-authors who created the publication as an employee work within the scope of their work duties within the meaning of Section 58 of the Copyright Act,
   6. is the leader of the authors' collective for a collective work within the meaning of Section 59 of the Copyright Act (i.e. the work is created on the initiative of the leader, under their direction, and is made public under their name, and the contributions included in the work are not capable of independent use),
   7. in case the publication is created/contains a database, is the maker of the database or the rights of the maker of the database have been fully transferred to him,
   8. is the licensee of an exclusive or non-exclusive license to the publication from the rights holder to an extent sufficient to grant the license specified in section 3.2 (e.g. is a publisher or other person who has entered into a written license agreement with the author or rights holder in points b-g above). If the publication is made available to the user under Creative Commons license CC BY or CC0 Public domain dedication, point h) applies.
2. By ticking the appropriate checkbox for the rights holders, the user grants the provider a non-exclusive right (license) to use the publication to the extent of this section. The license is granted for the use and processing of the publication to perform automated analysis or other technical procedures in the course of obtaining and processing information from the publication by means of the AI assistant, to use the publication to verify the results of such activities, to store copies of the publication for an unlimited period of time, to communicate the publication or relevant parts thereof to other users of the software and/or the AI assistant. In the case of communication of the entire publication, the provider is obliged to indicate the name of the author and the title of the work. The user grants a license under this paragraph for the duration of the economic rights, without quantitative or territorial limitation. The provider is entitled to sub-license or assign the license to a third party.
3. If the provider incurs damages or obligation (e.g., for fines, attorneys' fees, out-of-court costs, performance under a settlement agreement, etc.) because user's representations are false or the user has otherwise breached its obligations under these terms, the user agrees to defend and indemnify the provider against any and all claims asserted by third parties. The user further agrees to promptly notify the provider in writing of any dispute and all facts relating thereto, and to provide all necessary cooperation to the provider.

SECTION B - TERMS FOR PERSONS SECURING GRANT OF LICENSE FROM THE AUTHOR OR OTHER RIGHTS HOLDER

1. This section B applies to users who are NOT themselves the author or other holder of the rights to the publication under section 3.1., but:
   1. they know such person and have obtained written grant of the license from such person for the provider as set out in these terms, i.e. the rights holder defined in section 3.1 signed the grant of the license,
   2. they ticked the checkbox with the declaration for the users, and
   3. uploaded an electronic copy of the grant of license signed by the rights holder and a copy of the publication to the software.
2. By ticking the checkbox with the declaration for users who have secured grant of the license from the rights holder, the user agrees and represents that:
   1. the rights holder's signature on the license agreement is genuine, unforged, voluntarily given, and not obtained by fraud or deceit,
   2. they have obtained a copy of the publication they are uploading to the software with the author's consent and not in an illegal manner (e.g., via torrent services or online repositories where the publication was made available apparently without the authorisation of the rights holders, etc.).
3. If the provider incurs any damages or liability (e.g., for fines, attorneys' fees, out-of-court costs, settlement agreement performance, etc.) because user's statements are false or user has otherwise breached its obligations under these terms, the user agrees to defend and indemnify the provider against all claims asserted by third parties. The user further agrees to promptly notify the provider in writing of any dispute and all facts relating thereto, and to provide all necessary cooperation to the provider.