DPA is effective as of January 27, 2025

This Data Processing Addendum ("Addendum") forms part of the Terms of Service ("Agreement") between Qwerk AI, LLC ("Qwerk AI," "we," "our," or "us"), a Florida LLC, and the customer or user ("Customer," "you," or "your") using our Services. This Addendum governs the processing of Personal Data (as defined below) by Qwerk AI and its subprocessors in connection with your use of our SaaS product, which leverages AI to generate images.

This Addendum is effective as of the date you accept the Agreement or use our Services.

1. Definitions

A. "Data Protection Laws": Refers to all applicable data protection and privacy laws, including but not limited to the General Data Protection Regulation (EU) 2016/679 ("GDPR"), the California Consumer Privacy Act ("CCPA"), and any other applicable laws regarding data privacy and processing.

B. "Personal Data": Refers to any information relating to an identified or identifiable natural person processed by Qwerk AI on behalf of the Customer.

C. "Subprocessor": Refers to any third-party processor engaged by Qwerk AI or its affiliates to process Personal Data in connection with the Services.

D. "Services": Refers to the SaaS platform provided by Qwerk AI, including the generation of images using AI and related features.

2. Roles and Responsibilities

A. Data Controller and Processor: For purposes of this Addendum, you are the Data Controller, and Qwerk AI is the Data Processor. Qwerk AI processes Personal Data on your behalf and in accordance with your instructions as outlined in the Agreement and this Addendum. However, Qwerk AI retains discretion to determine the most efficient and secure means of processing data.

B. Compliance: Both parties agree to comply with their respective obligations under applicable Data Protection Laws. Qwerk AI is not responsible for ensuring Customer compliance with Data Protection Laws.

3. Processing of Personal Data

A.Scope and Purpose: Qwerk AI processes Personal Data solely for the purpose of providing the Services. Qwerk AI may also process Personal Data to improve and enhance its Services, provided that such processing is anonymized or aggregated.

B. Customer Instructions: Qwerk AI processes Personal Data based on your documented instructions. However, if Qwerk AI reasonably believes that following your instructions would violate applicable law, it may suspend processing and notify you.

C. Nature of Data: Personal Data processed may include, but is not limited to, user account details (e.g., name, email address), usage data, and uploaded content necessary for image generation.

4. Subprocessors

A. Approved Subprocessors: Qwerk AI uses the following subprocessors to support the Services:

• OpenAI, Stable Diffusion, Flux, MidJourney: For AI-powered image generation.

• Amazon Web Services (AWS) and Microsoft Azure: For cloud storage and computing infrastructure.

• Stripe: For payment processing.

• Google Analytics: For analytics and platform usage monitoring.

• Framer: For website hosting.

• Google Firebase: For user authentication and database management.

B. Subprocessor Obligations: Qwerk AI ensures that subprocessors are bound by data protection obligations consistent with this Addendum. However, Qwerk AI is not liable for any actions or omissions of its subprocessors unless such actions or omissions are due to Qwerk AI’s failure to comply with its obligations under this Addendum.

C. Subprocessor Changes: Qwerk AI may update its list of subprocessors at any time. Notification of such updates will be made available on the platform, and it is the Customer’s responsibility to review these changes. Continued use of the Services constitutes acceptance of new subprocessors.

5. Security Measures

A.Technical and Organizational Measures: Qwerk AI implements reasonable technical and organizational measures to protect Personal Data. While Qwerk AI takes these measures, it does not warrant or guarantee that unauthorized access or breaches will not occur.

B. Data Breach Notification: Qwerk AI will notify you of any data breach affecting Personal Data without undue delay, but no later than required by applicable law. Notifications may include preliminary information and will not constitute an admission of fault or liability.

6. Data Subject Rights

A. Assistance: Qwerk AI will assist you in responding to data subject requests to exercise their rights under applicable Data Protection Laws. However, Qwerk AI reserves the right to charge reasonable fees for such assistance if the effort required is excessive or repetitive.

B. Requests: If Qwerk AI receives a data subject request directly, it will inform you but reserves the right to respond directly if required by applicable law.

7. Data Retention and Deletion

A. Retention: Qwerk AI retains Personal Data for as long as necessary to fulfill its obligations under the Agreement. Data may also be retained as required by applicable law, including data used for service improvements in anonymized or aggregated formats.

B. Deletion: Upon termination of the Agreement, Qwerk AI will delete or anonymize Personal Data within a commercially reasonable period, unless applicable law requires retention.

8. International Data Transfers

A.Transfers: Qwerk AI may transfer Personal Data to subprocessors located outside your jurisdiction, including to countries that may not provide the same level of data protection as your jurisdiction.

B. Safeguards: Qwerk AI ensures such transfers comply with applicable laws by implementing appropriate safeguards, such as Standard Contractual Clauses (SCCs) or equivalent mechanisms. By using the Services, you consent to such transfers.

9. Audit Rights

A.Audits: Qwerk AI will provide documentation to demonstrate compliance with this Addendum upon written request. Any audits must be pre-scheduled, limited in scope, and conducted at your expense. Qwerk AI reserves the right to charge additional fees for audits that require significant effort.

10. Liability

A.Limitations: Qwerk AI’s total liability for claims arising from or related to this Addendum is subject to the limitations set forth in the Agreement. Qwerk AI is not liable for any indirect, incidental, or consequential damages arising from the processing of Personal Data.

11. Changes to this Addendum

A. Modifications: Qwerk AI reserves the right to modify this Addendum at any time. Updates will be communicated via email or on the platform. Continued use of the Services constitutes acceptance of the revised Addendum.

12. Contact Information

If you have questions about this Addendum or Qwerk AI’s data processing practices, please contact us at:

Qwerk AI, LLC
Address: 100 E. Granada Blvd., Suite 101, Ormond Beach, FL, Florida, USA
Email: support@qwerk.ai
Website: www.qwerk.ai

Last Updated: Jan 27, 2025