Last Updated: March 1, 2023

 

These Terms of Service (“Terms”) apply when you use a website, mobile application, or other online services of AIArtFace (collectively, the “Services”). These Terms are a legal contract between you and AIArtFace Team(“AIArtFace”, “we”, or “us”). By accessing or using our Service, you agree to be bound by these Terms and all policies referenced herein. Please read these Terms carefully before downloading or using our Services. If you do not understand these Terms, or do not accept any part of them, please do not use our Services.

 

1. Eligibility

You must be at least 14 years of age to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

 

2. User Account

(1)      Certain AIArtFace features or functionalities, that we may establish and maintain from time to time and in our sole discretion, may require you to register an account with us (“Account”). By creating an Account, you agree to: (i) provide accurate, current, and complete information for your Account, (ii) maintain and promptly update, as necessary, your Account information, (iii) maintain the security of your Account login information, (iv) be responsible for the acts or omissions of any third party who has authority to use AIArtFace on your behalf, and (v) immediately notify us if you discover or otherwise suspect any security breaches related to your Account. You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur in your Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.

(2)      You may register your Account using a valid account on the app store or marketplace from which you downloaded AIArtFace (e.g. Apple App Store, Google Play, etc.) (“Third-Party Account”). By using Third-Party Account to register your Account, you are allowing AIArtFace to access your Third-Party Account as permitted under the applicable terms and conditions that govern your and/our use of such Third-Party Account. Please note that your relationship with the Third-Party service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with such Third-Party service providers.

 

3. User Content

(1)      You are solely responsible for your use of our Services and for any photos, videos, information, messages and any other content that you create via our Services, whether privately transmitted or made publicly available (together, “User Content”).

(2)      When you don't register for an Account, any User Content you generated by using our Services are only stored locally in your device and cannot be retrieved if you uninstall our Services or change your device. Once you register for an Account, your User Content will uploaded to our server.

 

4. Code of Conduct

By using our Service, you agree to follow guidelines below:

(1)      you shall not use it to create any unlawful or harmful Content;

(2)      you shall not generate or disseminate false or misleading information, propaganda and/or Content (including by attempting to create images of public figures);

(3)      you shall not generate Content that violates, or promotes activities that violate, any applicable laws or regulations;

(4)      you shall not generate or disseminate personally identifiable information which infringes others’ privacy rights;

(5)      you shall not generate Content that defames, disparages or otherwise harasses others;

(6)      you shall not generate Content for any use intended to, or which has the effect of, discriminating against or harming any individuals or groups;

(7)      you shall not generate Content to create sexually explicit or pornographic material.

(8)      you shall not infringe our intellectual property or those of any third parties;

(9)      you shall not use our Services in a way that could damage, disable, overburden, impair or compromise our services, our systems or security or interfere with other users.

 

5. Intellectual Property Rights

(1)      The software and any related text, graphics, images, photographs, videos, audio, music, illustrations, trademarks, trade names, page headers, button and application icons, scripts, service marks, logos, slogans, filters, tools, and other content used in connection with Service contain proprietary content  which belongs to AIArtFace. They are protected by applicable intellectual property laws. Except as expressly authorized by us, you agree not to modify, remove any proprietary rights notices or markings, rent, lease, loan, sell, resell, commercially use, distribute or create derivative works based on Service, in part or in whole. You also agree not to use any data mining, robots or similar data gathering or extraction methods of our Service. You further agree not to monitor, copy, transmit, present or upload any part of Service. In addition, you are not allowed to create mirror service to host any part of Service or to use it in similar/competing service with AIArtFace. AIArtFace grants you a personal, non-transferrable and non-exclusive right and license to use the Service on a single device, provided that you do not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code. You agree not to access the Service by any means other than through the interface that is provided by AIArtFace for accessing the Service. AIArtFace reserves all rights, title and interests (including without limitation all intellectual rights) in and to our Service that are not explicitly granted to you.

(2)      AIArtFace does not claim the ownership in your User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. However we do require a license from you in order to use it. By generating any User Content available through Services, you hereby grant to AIArtFace a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with the purposes of: 1) operating and providing the Services and Content to you and to other users, 2) operating, developing, providing and improving AIArtFace and researching, developing and improving our existing and new products, including but not limited to AIArtFace,  and 3) promoting our Services.

(3)      AIArtFace has implemented procedures for claimed infringements, and has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, please kindly contact with us via email at: support@aiartface.com.

 

6. In-APP Purchases and Subscription

(1)      AIArtFace may include services or tools that can be licensed for a fee, typically via in-app purchase (“Paid Services”). We reserve the right to manage, regulate, control, modify, or eliminate Paid Services at any time. Upon the Paid Services being available to you, our obligations to provide the Paid Services are deemed fulfilled, and we make no representation that the Paid Services will be available to the purchaser for any length of time, nor that AIArtFace will continue to support the Paid Services.

(2)      Certain Paid Services may be offered at a discount when you subscribe to such services on a weekly, monthly, annual or lifetime basis ("Subscription"). Your payment for your Subscription will automatically renew and continue until terminated. You must cancel your subscription before it renews to avoid paying the subscription fees for the next billing period. We reserve the right to modify, terminate, or otherwise amend the subscription plans we offer from time to time.

(3)      It’s Apple App Store support or Google Play support who manage your paid subscription or other purchased items, so in case of any queries or requests for refund, please contact them regarding any refunds or to manage your Subscription.

 

7. Privacy

By using the Services, you indicate that you understand the information collection, use, and disclosure practices described in the Privacy Policy[2] .

 

8. Termination

We reserve the right to terminate these Terms at any time at our sole discretion for any reason. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all access and/or use of our Service.

 

9. Disclaimer of Warranties

You agree that your use of our Services shall be at your sole risk. The Services and all the materials, User Content, information, software integrated in our Services are provided “as is” and “as available”. We do not make any warranties of any kind, either express or implied, with regard to the merchantability, technical compatibility or fitness for a particular purpose of any Services, product, content or material provided pursuant to these Terms. We do not warrant that our Services will be available, uninterrupted or error-free, that defects will be corrected, or that the Services or the servers that make the Service available are free of viruses or other harmful components.

 

10. Limitation of Liability

In no event shall we be liable for damages of any type, whether direct or indirect, arising out of or in any way related to the Services provided by us. We shall not be liable under any circumstances for any special, consequential, incidental, exemplary or punitive damages, or loss of profit or revenues, even if we have been specifically advised of the possibility of such damages. We shall not be liable under any circumstances for damages arising out of or in any way related to products, services and/or information offered or provided by any third-parties and accessed through the website or by any other means. You also specifically acknowledge that we are not liable for costs or damages arising out of private or governmental legal actions related to your use of the website and its services in any country.

 

11. Indemnification

You agree to defend, indemnify and hold harmless AIArtFace, our affiliates, officers, directors, employees, agents, suppliers and licensors from and against any and all claims, damages, losses, liabilities, costs and expenses (including attorneys' fees) arising from: (i) your use of and access to the Services; (ii) your violation of the Terms; (iii) your violation of any third party rights, including, but not limited to, any copyright, property or privacy rights. This defense and indemnification obligation will survive the Terms and your use of the Services.

 

12. Miscellaneous

(1)      Dispute settlement. These Terms and any claims and disputes arising out of or in connection with these Terms shall be governed by and construed in accordance with the laws of Singapore, without regard to choice of law principles. Any dispute arising out of or in connection with these Terms including any question as to its existence, validity or termination, shall be submitted to arbitration at the Singapore International Arbitration Centre (SIAC) in accordance with the Singapore International Arbitration Rules (SIAR) which shall be deemed to be incorporated by reference into the Terms for the purpose of arbitration and final settlement. The place of arbitration shall be Singapore. The arbitrary tribunal shall consist of three arbitrators. The language of the arbitration shall be English.

(2)      Entire. These Terms constitute the entire agreement between you and us relating to AIArtFace and your use of our Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and us relating to AIArtFace.

(3)      Language. If these Terms are translated into any other language, the English language version shall prevail.

(4)      Changes to These Terms. We may change the Terms or modify any features of the Services at any time at our sole discretion. Thus, you are advised to review this page periodically for any changes. If you continue to use the Services after changes are posted you will be deemed to have accepted the change.

(5)      Severability. Any provision of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms is not affected.

(6)      Contact. If you have any questions regarding these Terms, please contact us via email at: support@aiartface.com