Terms of Service
1. Applicability
These Terms of Service set out the general terms that apply to all services, products and platforms provided by Montecristo International OÜ (registered address Sakala 7-2, EE-10141 Tallinn, Republic of Estonia), hereinafter referred to as "MCI", to its clients, users and partners worldwide.
By engaging with any MCI service, product, platform or asset — including but not limited to placing an order, subscribing to a service, accessing a platform, or entering into a partnership — the Client accepts these Terms of Service in full.
2. Definitions
"MCI" means Montecristo International OÜ and any of its operating brands, including but not limited to Hanse Media, Gloo.it, Luoghitaliani.it, BearParade, Ricorda.ti, BCF and RCES.
"Client" means any natural or legal person who engages MCI to provide Services, acquires Products, or accesses any MCI platform or asset.
"Services" means the provision by MCI of any combination of the following: the sale of original artworks, limited editions, prints, publications, music recordings and related merchandise; the provision of digital platforms, directories, editorial content and online tools; the provision of memorial technology services, including voice cloning, conversational AI avatars, knowledge base creation and avatar maintenance; the provision of fintech software for credit and debt compensation between enterprises; the provision of AI simulation frameworks and consulting services for residential care environments; press relations, artist relations and media outreach services performed on behalf of MCI assets; and any other service agreed upon in writing between MCI and the Client.
"Products" means any physical or digital goods sold or licensed by MCI, including artworks, prints, books, music recordings, merchandise and software licences.
3. Representations and warranties
The Client represents and warrants that all information provided to MCI is accurate, complete and not misleading; that the Client is legally capable of entering into binding agreements under the laws of the Client's jurisdiction of residence; that the Client's engagement with MCI does not violate any applicable law or regulation, including anti-money laundering legislation and sanctions regimes imposed by the European Union and the United Nations; and that no funds used in transactions with MCI are derived from criminal activity.
MCI represents and warrants that all Services shall be performed with reasonable skill and care; that all Products shall conform to their published descriptions at the time of sale; and that MCI holds all necessary rights and authorisations to provide the Services and sell the Products offered.
4. Intellectual property
All intellectual property rights in MCI's Products, Services, platforms, brands, software, content, designs, logos and proprietary technologies remain the exclusive property of MCI or its licensors.
The Client acquires no intellectual property rights through the purchase of Products or the use of Services, except for the specific rights expressly granted in writing.
The purchase of an original artwork or limited edition grants the Client ownership of the physical object. Copyright and reproduction rights remain with MCI and/or the artist unless explicitly transferred in writing.
MARILYN100 is an independent artistic and editorial project. It is not affiliated with or endorsed by Marilyn Monroe's estate or Authentic Brands Group.
5. Orders, pricing and payment
All prices are quoted in EUR unless otherwise stated. Prices are exclusive of applicable VAT, customs duties and shipping costs, which shall be communicated to the Client before the completion of any order.
Payment terms shall be specified at the time of each transaction. Unless otherwise agreed, payment is due upon order confirmation.
MCI accepts payment by bank transfer, PayPal and such other methods as may be indicated at the time of purchase.
Subscription-based services (including but not limited to Ricorda.ti avatar maintenance, BCF platform access and RCES licences) are billed according to the billing cycle agreed upon at the time of subscription. MCI reserves the right to adjust subscription fees upon 30 days' written notice.
MCI reserves the right to suspend or terminate Services in the event of non-payment within 30 days of the payment due date.
6. Delivery and shipping
Delivery terms, estimated timelines and shipping costs are communicated to the Client at the time of order. Risk of loss or damage to physical Products passes to the Client upon delivery to the carrier. MCI shall not be liable for delays caused by the carrier, customs authorities or circumstances beyond MCI's reasonable control.
7. Right of withdrawal
In accordance with EU Directive 2011/83/EU, consumers located within the European Union have the right to withdraw from a distance contract within 14 days of receiving the Products, without giving any reason.
The right of withdrawal does not apply to bespoke or clearly personalised Products; sealed audio or video recordings or sealed computer software which has been unsealed after delivery; and digital content supplied on a non-tangible medium where performance has begun with the consumer's prior express consent and acknowledgement that the right of withdrawal is thereby lost.
To exercise the right of withdrawal, the Client must notify MCI in writing at mci@montecristo.it. Products must be returned in their original condition at the Client's expense. MCI shall reimburse all payments received within 14 days of receiving the returned Products.
8. Ricorda.ti — memorial technology services
Ricorda.ti memorial technology services involve the creation of conversational AI avatars based on materials provided by the Client, including voice recordings, photographs, written documents and personal recollections.
The Client represents and warrants that the Client has the legal right and, where applicable, the explicit consent of the person whose likeness and voice are being reproduced, or the legal authority to grant such consent on behalf of a deceased person; and that all materials provided to MCI are owned by or licensed to the Client and do not infringe any third-party rights.
MCI processes memorial materials exclusively for the purpose of creating and maintaining the avatar service. Materials are not used for any other purpose, are not shared with third parties and are not used for AI training.
All memorial materials remain the property of the Client. The Client may request the export or permanent deletion of all materials at any time. MCI shall comply with such requests within 30 days.
The avatar is a digital reconstruction based on available materials. MCI makes no representation that the avatar accurately reproduces the personality, opinions or intentions of the person it represents. The avatar is not a substitute for the person and should not be treated as such.
9. BCF — fintech platform
The BCF platform facilitates credit and debt compensation between enterprises. MCI acts as the technology provider and operator of the platform. MCI is not a bank, payment institution or financial intermediary.
The Client is solely responsible for the accuracy of the data entered into the platform and for the legal validity of the credits and debts submitted for compensation.
MCI does not guarantee the successful completion of any compensation cycle. Completion depends on the availability of matching credits and debts within the platform.
10. RCES — AI simulation services
RCES (Residential Care Environment Simulator) is an AI simulation framework provided as a software-as-a-service platform. It is designed for evaluation and planning purposes in residential care environments.
RCES outputs are simulations and estimates. They do not constitute medical advice, clinical recommendations or regulatory guidance. The Client is solely responsible for any decisions made on the basis of RCES outputs.
No real patient data is required to operate RCES. Where the Client chooses to input real operational data, the Client is solely responsible for ensuring compliance with applicable data protection regulations, including Regulation (EU) 2016/679 (GDPR).
11. Data protection
MCI processes personal data in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation) and the Estonian Personal Data Protection Act. Full details are set out in our Privacy Policy.
12. Confidentiality
MCI shall maintain the confidentiality of all non-public information acquired through its relationship with the Client, both during and after the termination of the relationship. The obligation of confidentiality shall not apply where the Client has authorised disclosure in writing; where disclosure is required by law, regulation or order of a competent court or authority; or where the information is or becomes publicly available through no fault of MCI.
13. Limitation of liability
MCI's aggregate liability to the Client for any and all claims arising out of or in connection with the Services shall not exceed the total amount paid by the Client to MCI in the twelve months preceding the claim.
MCI shall not be liable for any indirect, consequential, incidental or special damages, including loss of profit, loss of data or loss of business opportunity; any failure or delay in performance caused by circumstances beyond MCI's reasonable control; or any loss arising from the Client's failure to provide accurate and complete information.
Nothing in these Terms shall exclude or limit MCI's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
14. Indemnification
The Client agrees to indemnify, defend and hold harmless MCI, its directors, officers, employees and agents from and against any and all claims, demands, losses, damages, costs and liabilities arising out of or in connection with the Client's breach of these Terms, the Client's violation of any applicable law or regulation, or any third-party claim arising from the Client's use of the Services or Products.
15. Termination
Either party may terminate the provision of Services by providing 30 days' written notice to the other party, unless a different notice period is specified in a separate agreement.
MCI may terminate the provision of Services with immediate effect if the Client breaches any material provision of these Terms; if the Client fails to pay any amount due within 30 days of the payment due date; or if MCI reasonably believes that the Client's activities may adversely affect MCI's reputation or expose MCI to legal liability.
Upon termination, the Client shall pay all outstanding fees and expenses. MCI shall return or make available for export all Client materials in MCI's possession, subject to any retention necessary to comply with legal obligations.
The provisions on intellectual property, confidentiality, limitation of liability and indemnification shall survive the termination of these Terms.
16. Governing law and jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Estonia.
Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Tallinn, Republic of Estonia, without prejudice to the right of consumers located within the European Union to bring proceedings in the courts of their Member State of residence in accordance with Regulation (EU) No 1215/2012.
17. Amendment
MCI reserves the right to amend these Terms of Service at any time. The updated version shall be published at mci.ee/terms and shall take effect 30 days after publication. Continued use of MCI Services after the effective date of any amendment constitutes acceptance of the amended Terms.
18. Severability
If any provision of these Terms is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect.
19. Entire agreement
These Terms of Service, together with the Privacy Policy and any separate agreements entered into between MCI and the Client, constitute the entire agreement between the parties in relation to the subject matter hereof. These Terms supersede all prior agreements, representations and understandings, whether written or oral, relating to the same subject matter.
20. Contact
Montecristo International OÜ
Sakala 7-2, EE-10141 Tallinn, Republic of Estonia
Email: mci@montecristo.it
Website: mci.ee