Terms of Service

--- Everything we do is striving for your best experience.

Last updated on September 8, 2023

I. INTRODUCTION

AI TEAM owns and operates the Services including AI Art Generator, AI Photo.

It is important that you read and understand this Agreement (hereinafter as "Terms") as by downloading, installing or using the App you indicate that you have read, understood, agreed and accepted the Agreement which takes effect on the date on which you download, install or use the App.

If you do not agree with (do not accept) this Agreement, or if you do not agree at least with one of the provisions of this Agreement, you are not authorized to, and you may not access, download, install or use the App and you must promptly discontinue downloading, installing the App and remove (delete) the App from any mobile device in your possession or under your control.

II. GENERAL TERMS

AI Photo is a mobile device application ("App") that create unique AI generated images. The app is a utility designed to enhance your device experience. This application is for your personal non-commercial use only. You may only use the app for the above-mentioned purposes.

The Services are powered by third-party AI models. Due to the limitations of science and technology at this stage and the particularity of generative artificial intelligence, we cannot guarantee that the content or data you see on the Services meet your requirements or purposes. We have adopted automatic and manual data filtering measures, but it is still not ruled out that some of the information has errors or will have a negative impact. Therefore, please do not have any dependence on the content. In the case of any damages caused by the content, we assume no responsibility for them.

III. PRIVACY POLICY & COMMUNITY GUIDELINES

Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use and store information including personal data. Access to the App and use of the Services is subject to the Privacy Policy. By accessing the App and by continuing to use the Services, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the App and Services. Please read our Privacy Policy carefully.

In addition, to use our products and services, you must abide by our Community Guidelines . If you do not agree with (do not accept) this Guidelines, or if you do not agree at least with one of the provisions of this Guidelines you are not authorized to, and you may not access, download, install or use the App and you must promptly discontinue downloading, installing the App and remove (delete) the App from any mobile device in your possession or under your control.

IV. CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the App after the date such revised Agreement is posted.

V. AGE LIMINTATION USE OF THE SERVICE

In order to access and/or use the Website, you must be eighteen (18) years of age or older.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by their parent or guardian to access and/or use the Website, so if you are between the ages of thirteen (13) and seventeen (17) years and you wish to access and/or use the Website, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have read and agreed (get your parent or guardian’s consent) to this Agreement prior to your access and/or use the Website; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.

Parents and guardians must directly supervise any access and/or use of the Website by minors.

VI. SECURITY

Apps, like other consumer technologies, may not be 100% secure. By accepting this EULA you acknowledge and accept that the Apps and any information you download or offer to share by means of an App, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom. You agree that AI Photo team shall not be liable for any unauthorized access to your mobile device or the app data thereon.

VII. SERVICE AVAILABILITY AND OUR RIGHT TO TERMINATE

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. You are responsible for all the mobile data usage resulting from the use of Service. Consult your mobile operator concerning your plan, data rate charges and limits. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.

VIII. PROHIBITED BEHAVIOUR

You agree not to use the App in any way that:

is unlawful, illegal or unauthorized;

is defamatory of any other person;

is obscene or offensive;

infringes any copyright, database right or trademark of any other person; advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You shall not make the App available to any third parties. In addition, you shall not modify, translate into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works from the App or any documentation concerning the App.

You shall not transfer, lend, rent, lease, distribute the App, or use it for providing services to a third party, or grant any rights to the App or any documentation concerning the App to a third party.

Misuse of any trademarks or any other content displayed on the App is prohibited.

You shall not copy and/or duplicate and/or distribute and/or publish and/or use any content in the App, directly or indirectly, by way of a violation of our Intellectual Property Rights.

Moreover, you shall not make any attempts to use the App or part thereof for malicious intentions.

Also we are not responsible for the way you use the App.

Additional restrictions related to the use of the AI models in the App.

In addition, you agree not to use the App and/or User Content:

- In any way that violates any applicable national, federal, state, local or international law or regulation;

- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;

- To generate or disseminate verifiably false information and/or content with the purpose of harming others;

- To generate or disseminate personal identifiable information that can be used to harm an individual;

- To defame, disparage or otherwise harass others;

- For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;

- For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;

- To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;

- For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;

- To provide medical advice and medical results interpretation;

- To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use);

IT IS ALSO STRICTLY PROHIBITED TO USE ANY COPYRIGHTED AND/OR TRADEMARKED MATERIALS AS INPUT CONTENT OR WHEN YOU ENTER ANY OTHER DATA WHILE USING THE APP.

Prohibition of objectionable User Content.

It is strictly prohibited to upload, enter, create, generate, use, share, distribute or otherwise exploit any User Content that:

- is or may reasonably be considered to be illegal, defamatory, libelous, immoral, harmful, misleading, deceptive, fraudulent, indecent, hateful, racially or religiously biased or offensive, slanderous, obscene, pornographic, sexually explicit, or that encourages anyone to violate any local, state, national or international law;

- can abuse, harass, humiliate or intimidate any person or group;

- advocates, supports, promotes and/or assists discrimination based on any ground including but not limited to race, sex, religion, nationality, sexual orientation, disability, age;

- infringes any third party's copyright, patent, trademark, trade dress, trade secret or other intellectual property right(s) and/or publicity rights, and/or the right to privacy;

- demonstrates, promotes, depicts and/or incites crimes, offenses and/or violent acts;

- contains any malicious code, such as viruses, worms, Trojan horses or other potentially harmful programs, codes or material;

- encourages illegal use of weapons and dangerous objects, or facilitates the purchase of firearms or ammunition;

- breaches your contractual or fiduciary obligation(s) owed to a third party;

- otherwise violates any applicable law, rule, regulation or statute.

Representations and warranties with respect to the Input Content uploaded by a user to the App.

By uploading, submitting any Input Content to the App you represent, warrant and undertake to us the following:

- you are the author and/or exclusive copyright holder of all Input Content that you upload, submit via the App or you have obtained all necessary rights and permissions of the relevant owner of such content so that you have all relevant rights in your Input Content to enable you to use it within the App according to the terms of present Agreement;

- you have not licensed any rights in your Input Content that will be in conflict with your use of the App according to this Agreement;

- you have obtained permission for you to use and for us to use the image and likeness of each individual contained in the Input Content in accordance with the terms of this Agreement;

- your Input Content does not contain any third party materials that you do not have permission to use;

- your Input Content does not contain visible trademarks or you have appropriate permissions to use such trademarks as part of your Input Content within the limits prescribed by the present Agreement.

Note that it is also strictly prohibited to upload, submit any Input Content that contains child photos, images or likeness.

If the image of property is contained in your Input Content you represent and warrant that you have all appropriate permissions from the owners of such property to upload, submit such Input Content via the App and use it according to the terms of the present Agreement.

Other general restrictions and terms related to the use of the App.

You shall not make the App available to any third parties. In addition, you shall not modify, translate it into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works based on the App or any documentation related to it.

Misuse of any trademarks or any other content displayed on the App is prohibited.

You shall not copy, duplicate, distribute, publish, use any content of the App, directly or indirectly, in a way that constitutes a violation of our Intellectual Property Rights.

You shall not make any attempts to use the App or part thereof for malicious intentions.

We are not responsible for the way you use the App.

We are entitled to adopt, against any user who violates the present Agreement, any legal measures at our disposal pursuant to the applicable laws.

All disputes arising from the usage of the App, shall be governed by and construed in accordance with the laws of the State of New York, United States of America, and shall be submitted to the sole jurisdiction of the competent courts of New York, USA.

IX. THIRD PARTY WEBSITES AND RESOURCES

The App may link you to other sites on the Internet and contracted third parties to provide you certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the App exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.

You acknowledge that you must comply with applicable third party terms of agreement when using the App. You are solely responsible for and bear all risks arising from your use of any third-party websites or resources.

If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.

X. DISCLAIMER OF WARRANTIES

You agree that your use of the app and its services shall be at your sole risk. The services and all the materials, information, software, content integrated in the app 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 service, products or material provided pursuant to this agreement. We do not warrant that the functions contained on or through the 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. We are not responsible for breaches of individual’s privacy as a result of your misuse of the app. You are solely responsible for obtaining a person’s consent for tracking within the app and guarantee that such consent is voluntary, explicit and unambiguous.

We do not give you any guarantee for the proper functionality of the App, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY KIND OF VIOLATION ARISING FROM YOUR USE OF THE APP, INCLUDING ANY BREACH OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR DUE TO ANY UNAUTHORIZED ACCESS OR OTHER ILLEGAL ACTIONS BY ANY THIRD PARTY.

XI. 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 app and services provided by the app. 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 app 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 any of the app and its services in any country.

You also acknowledge and agree that your any use of the App or/and User Content is at your sole risk. You assume your full responsibility arising out of your use of the App and/or use, other exploitation, further sharing and distribution of any User Content. In addition, you hereby agree to hold harmless and indemnify us, our successors, assigns, licensees, partners, affiliates, officers, directors, employees from and against any and all claims, liabilities, complaints, losses, expenses and damages of any kind or nature arising out of your use of the App, any use, other exploitation, further sharing and distribution of User Content or out of your failure to comply with the terms of the present Agreement.

XII. LEGAL COMPLIANCE

You must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

XIII. GOVERNING LAW AND CLAIMS

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA.

We make no representations that the App is appropriate or available for use in other locations. Those who access or use the App from other jurisdictions do so at their own volition and are responsible for compliance with local law.

If you choose to access or use the App from or in locations outside of the United States, you are responsible for:

a) ensuring that what you are doing in that country is legal; and

b) the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations.

XIV. INTELLECTUAL PROPERTY

A. Our ownership

By using the App, you undertake to respect our intellectual property rights (intellectual property rights related to the App's source code, UI/UX design, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.

Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all images,scripts, graphics, photos, sounds, music, videos, information, content, materials, software,text, fonts, illustrations, files, products, services, URLs, technology, documentation, and interactive features included with or available through our Services (collectively, the “Service Content”) and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear in our Services are owned by us, our licensors, or identified third parties. Except for the limited use rights granted to you in these Terms of Service, you shall not acquire any right, title or interest in our Services or any Service Content. Any rights not expressly granted in these Terms of Serviceare expressly reserved.

B. Your license of use

As long as you keep using the App, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable right to access and use the App pursuant to this Agreement (the“App License”).

You may use the App solely for your own non-commercial purposes. You are bound to respect the copyrighted material within the App.

C. Your ownership

You may provide input to the Services ("Input") and receive output generated by the Services based on that input ("Output"). Input and Output can be referred to as "Content." On the basis of complying with these Terms, you own all its right, title and interest of Input and Output Content. You have full right to use Content for any purpose, including commercial purposes such as sale or publication, on the basis that you comply with these Terms.

You agree that you are responsible for the Content you provide and the way you use them, ensuring that it does not violate any applicable laws or these Terms. COOL SUMMER LIMITED assume no liability for you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, no matter how they arise.

Please note that, due to the nature of machine learning, other users may receive the same or similar Output as you receive. In this context, the responses generated for other users by the Services are not considered part of your specific Content.

D. Third-party ownership

You should only input materials you own or are authorized to use. You are solely responsible for any content that you contribute, submit, display or for any adaptations of works made on or through use of the Services. You have the obligation to ensure such contents, including photos, texts, documents, videos and music files, do not violate any copyright or other intellectual property rights.

XV. TERMINATION

We reserve the right to terminate this Agreement at any time at its sole discretion for any reason.

Upon any termination (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the App.

XVI. SEVERABILITY

If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be read down to become legal, invalid or unenforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with fullA force and effect.

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

XVII. ◆ Payment terms ◆

The following subscription terms are only for Android AI Photo users:

Subscriptions：

Title: One Week Subscription

Length of Subscription: 1 Week

Price: $6.99/Week

Title: One Year Subscription

Length of Subscription: 1 Year

Price: $39.99/Year

In-app products：

Title: 50 avatars

Price: $5.99

Title: 100 avatars

Price: $9.99

Title: 200 avatars

Price: $13.99 Once subscribed:

Recurring billing. Cancel anytime.

Payment will be charged to Google Pay Account at confirmation of purchase.

Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. You can enjoy advanced features after subscribing.

Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase.

Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.

XVIII. CONTACT INFORMATION

We reserve the right to respond to user support requests. If you want to submit a support request or have any questions about this Agreement or the App, please contact us at summerdaysc@outlook.com