This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the "Effective Date") or to receive or distribute Assets. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If you do not agree to the Agreement, please stop using the Services.
Other documents referenced here may also bind Customer’s use of this Services, including the Community Guidelines included below.
We are constantly evolving the Services to make them better for you. The Services are subject to modification and change, including but not limited to the art style of Assets, the algorithms used to generate the Assets, and features available to the Customer. No guarantees are made with respect to the Services’ quality, stability, uptime or reliability. Please do not create any dependencies on any attributes of the Services or the Assets. We will not be liable to you or your downstream customers for any harm caused by your dependency on the Service.
Both the Services and the Assets are provided to Customer on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Assets and assume any risks associated with use of the Services.
1PhotoAI reserves the right to suspend or ban your access to the Services at any time, and for any reason. You may not use the Services for competitive research. You may not reverse engineer the Services or the Assets. You may not use automated tools to access, interact with, or generate Assets through the Services. Only one user may use the Services per registered account. Each user of the Services may only have one account. We reserve the right to investigate complaints or reported violations of our Terms of Service and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
By accessing the Services, you confirm that you’re at least 13 years old and meet the minimum age of digital consent in your country. If you are old enough to access the Services in your country, but not old enough to have authority to consent to our terms, your parent or guardian must agree to our terms on your behalf. Please ask your parent or guardian to read these terms with you. If you’re a parent or legal guardian, and you allow your teenager to use the Services, then these terms also apply to you and you’re responsible for your teenager’s activity on the Services. 1PhotoAI tries to make its Services PG-13 and family friendly, but the Assets are generated by an artificial intelligence system based on user queries. This is new technology and it does not always work as expected. No guarantees are made as to the suitability of the Assets for the Customer.
To the extent allowed by law and as between you and 1PhotoAI, you own your Uploads, and you agree that 1PhotoAI owns all Generations, and you hereby make any necessary assignments for this. 1PhotoAI grants you the exclusive rights to reproduce and display such Generations and will not resell Generations that you have created, use Generations in any way, or assert any copyright in such Generations against you or your end users, all provided that you comply with these terms and our Content Policy. If you violate our terms or Content Policy, you will lose rights to use Generations, but we will provide you written notice and a reasonable opportunity to fix your violation, unless it was clearly illegal or abusive. You understand and acknowledge that similar or identical Generations may be created by other people using their own Prompts, and your rights are only to the specific Generation that you have created.
1PhotoAI uses an artificial intelligence system trained on public datasets to produce its Assets. Such Assets may be unintentionally similar to copyright protected material or trademarks you hold. We respect rights holders internationally. If you believe your copyright or trademark is being infringed by the Service, please write to [email protected] and we will process your request.
ALL LEGAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE AGREEMENT) ("Dispute") WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA.
The parties will attempt in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within these 30 days, it shall be resolved by arbitration under the American Arbitration Association’s Commercial Arbitration Rules in effect as of the date of this Agreement ("Rules").
The parties will mutually select one arbitrator. The arbitration will be conducted in English and held within the United States.
Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement.
The arbitral award will be final and binding on the parties, and its execution can be presented in any competent court, including any court with jurisdiction over either party or any of its property.
Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.
Customer Ownership: By using our services, you retain full ownership of all photos and data that you upload, store, or transmit through our platform. We do not claim any rights or ownership over your photos or data.
Non-Usage Without Explicit Consent: We are committed to respecting your privacy and ensuring the security of your photos and data. We will not use, sell, rent, or otherwise exploit your photos or data without obtaining your explicit consent.
Consent for Specific Purposes: In certain situations, we may request your explicit consent to use your photos or data for specific purposes that are outlined in separate agreements, features, or functionalities within our services. Such consent will be obtained separately, and we will only use your photos or data in accordance with the terms of the specific consent provided.
Limited Data Processing: We may process your photos and data for the sole purpose of providing our services to you, including but not limited to storage, retrieval, backup, and data analysis, in accordance with applicable privacy laws and regulations.
Data Security Measures: We employ reasonable security measures to protect your photos and data from unauthorized access, disclosure, alteration, or destruction. However, please be aware that no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.
Third-Party Access: We will not provide access to your photos or data to any third parties, except as required by law, to comply with legal obligations, enforce our rights, prevent fraud, or protect the rights, property, or safety of our users.
We may invoice you for your use of the Services through a third party payment service provider. The third party service provider’s terms of service shall govern and supersede this Agreement in case of conflict. You are free to cancel your plan at any time. We also reserve the right to terminate your access to the Service for any reason, including for violation of the Community Guidelines or other inappropriate use of the Service. Upon cancellation or termination, any outstanding usage fees will be charged immediately. You will not be refunded for the current pay period, but you will stop being charging after the current pay period has ended.
We provide the service as is, and we make no promises or guarantees about it. You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however they arise. You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved. If you knowingly infringe someone else’s intellectual property, and that costs us money, we’re going to come find you and collect that money from you. We might also do other stuff, like try to get a court to make you pay our attorney’s fees. Don’t do it.
Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
No Agency. This Agreement does not create any agency, partnership, or joint venture between the parties.
Severability. If any part of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.
Survival. The sections and obligations in this Agreement that a reasonable person would expect to survive this agreement, will. Particularly the IP and privacy stuff.