Terms and conditions

These Terms & Conditions ("T&C") govern the use of the Brand Buddy AI Image Generator application ("Application"), provided by Syngenta Bangladesh Limited ("Syngenta" or "we"). By using the Application, you ("User") acknowledge and agree to the following terms. Syngenta acts as the data controller for any personal data processed through the Application.

AI-Generated Content: The Application uses artificial intelligence (AI) to generate branded images or photos from photos provided by the User. AI-generated images do not represent actual photographs. Users should be aware that AI-generated images may contain inaccuracies, distortions, or artificial elements. Syngenta does not guarantee accuracy, quality, or fitness for a particular purpose of AI-generated images.

User Responsibility:  The User bears sole and exclusive responsibility for all images, photographs, and branded content submitted to the Application and expressly represents, warrants, and undertakes that they are the lawful owner of, or have obtained all necessary rights, licenses, permissions, and consents in respect of, all submitted content, including prior explicit consent from every identifiable individual depicted therein for the purpose of AI processing, reproduction, and distribution within the Application, and that such content does not infringe any third-party intellectual property, privacy, or publicity rights, nor contain any unlawful or objectionable material. The User shall indemnify and hold harmless Syngenta and its affiliates from any and all claims, liabilities, damages, and costs - including reasonable legal fees - arising from any breach of the foregoing, and Syngenta reserves the right to remove submitted content and suspend or terminate User access where a breach is suspected or established.

Limitation of Liability: AI-generated images and branded content are produced solely on the basis of User submissions, and the User assumes full responsibility for the accuracy, legality, and appropriateness of all inputs provided. To the maximum extent permitted by applicable law, Syngenta expressly disclaims all liability for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with the use, reliance on, reproduction, or distribution of AI-generated images, including without limitation any claims relating to image quality, physical likeness, intellectual property infringement, breach of privacy, or reputational harm. Syngenta makes no representation or warranty, express or implied, that AI-generated images will be accurate, fit for purpose, free from third-party rights, or compliant with applicable law, and the User's sole remedy in respect of any dissatisfaction with AI-generated content shall be to discontinue use of the service. Nothing in this clause shall exclude liability for fraud, gross negligence, or any other liability that cannot be excluded or limited under applicable law.

Data Processing and Storage: Syngenta processes the User's images or photos and any related personal data (including facial features, which may constitute biometric data) solely for the purpose of generating branded images/photos ("Purpose"). Any image captured or uploaded via the landing page for this campaign shall not be stored on Syngenta’s servers of any kind. Syngenta does not permanently store the User's images/photos, personal data, or biometric information. All such data is processed in real time and automatically and permanently deleted from the processing systems immediately after the branded image is generated. Syngenta does not use User data for any secondary purposes, including but not limited to AI model training, profiling, or marketing analysis.

Sharing AI-Generated Images/Photos: Any sharing or uploading of AI-generated images/photos on social media or other platforms is entirely the User's responsibility and discretion. Syngenta is not responsible for any consequences arising from the User's decision to share, distribute, or publish AI-generated images/photos. Users are advised and required to obtain consent from any identifiable individual depicted in the generated image/photo before sharing it.

Cross-Border Data Transfer:  Syngenta may transfer, store, or process personal data in jurisdictions outside the People's Republic of Bangladesh, where data protection laws may not afford equivalent protections to those under applicable Bangladeshi law, including the Digital Security Act, 2018, the ICT Act, 2006, and guidelines issued by the Bangladesh Telecommunication Regulatory Commission (BTRC). No such transfer shall be effected without a documented lawful basis, requisite regulatory authorization, and prior notification to the data subject. Syngenta shall ensure all transfers are governed by legally binding instruments - including Standard Contractual Clauses, Data Processing Agreements, or equivalent mechanisms - and protected by technical safeguards such as end-to-end encryption, pseudonymization, and access controls. Third-party processors shall be bound by contractual obligations no less stringent than those imposed on Syngenta, and shall remain subject to audit and due diligence. Data subjects shall retain all rights afforded under applicable law notwithstanding any transfer, and any breach occurring in connection with a cross-border transfer shall be reported to competent authorities and affected individuals within legally prescribed timeframes.

User Rights: In accordance with applicable data protection law, Users have the right to: (a) request information about the processing of their personal data; (b) request correction of inaccurate personal data; (c) request deletion of their personal data; (d) withdraw consent at any time, without affecting the validity of processing carried out before withdrawal; and (e) lodge a complaint with the relevant regulatory authority. To exercise any of these rights, Users may contact Syngenta using the contact details provided below.

Consent and Acceptance: Users have the right to access, rectify, erase, and restrict the processing of their personal data, withdraw consent to processing at any time without affecting the validity of prior processing, and lodge a complaint with the relevant regulatory authority if they believe their data rights have been violated.  Syngenta shall respond to all such requests promptly and shall not obstruct or delay the exercise of any right.

Governing Law: These Terms & Conditions are governed by and interpreted in accordance with the laws of the People's Republic of Bangladesh. Any disputes arising from or related to these Terms & Conditions shall be subject to the exclusive jurisdiction of the courts of Dhaka, Bangladesh.

Contact Information: For questions, requests, or complaints regarding these Terms & Conditions or personal data processing, Users may contact: Syngenta Bangladesh Limited, Phone: +880- 02226603282-86

Syngenta reserves the right to amend these Terms & Conditions from time to time. Users are advised and required to stay informed of any material changes before their next use of the Application.