Terms of Service

 

Last updated: June 12, 2023

 

 

This Terms of Service (hereinafter as the “Agreement”) applies to your use of this mobile application “AI Photo Generator” (hereinafter as the “App” or “Software” or “Services”) operated by WowooApps (hereinafter as “we”, “our”, or “us”). We offer the Software and the Service to you (“user” or “you”), conditioned upon your approval of all terms and conditions expressed here.

 

Under no circumstances shall AI Photo Generator team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if AI Photo Generator team or an authorised representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

 

Please read all of the Terms of Use carefully, if you do not agree to be bound by all of these Terms of Use, do not access or use the services.

 

Definitions and key terms

 

To help explain everything as clearly as possible in this Terms of Use, any reference to any of these terms is strictly defined as:

 

➢     Cookie: A small amount of data created by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you, such as your language preference or login information.

➢     Company: When the terms "Company", "we", "us" or "our" are used in this policy, it means AI Photo Generator, who is responsible for your information under this Privacy Policy.

➢     Country: Where the owners/founders of the AI Photo Generator are located, in this case, Turkey

➢     Customer: Means the company, organisation or individual that has signed up to use the AI Photo Generator Service to manage relationships with your consumers or service users.

➢     Device: Any device connected to the internet such as a phone, tablet, computer or any other device that can be used to visit AI Photo Generator and use the services.

➢     IP address: Every device connected to the Internet is assigned a number known as an Internet protocol (IP) address. It is a numeric label, such as 192.0.2.1, that is attached to a computer network that uses Internet Protocol for communication. An IP address can often be used to identify where a device connects to the Internet.

➢     Personnel: It refers to persons employed by AI Photo Generator or contracted to serve on behalf of one of the parties.

➢     Personal Data: Any information that allows the identification or identification of a natural person - including a personal identification number - directly, indirectly or in connection with other information.

➢     Service: It means the service provided by AI Photo Generator in the relevant terms (if any) and as described on this platform.

➢     Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may be of interest to you.

➢     Application: “AI Photo Generator”’s site, accessible via this URL: https://wowooapps.com/

➢     You: A person or organisation registered with the AI Photo Generator to use the Services.

 

1. Changes to This Agreement

 

We retain the right to modify this Agreement through the following methods:

 

●        Posting a revised Agreement on and/or through the Services,

●        Providing notice to you via email that the Agreement has changed, if practicable, and otherwise through the Services (for example, in our mobile apps).

 

Such modifications will not be implemented retroactively. It is your obligation to review and familiarize yourself with any updates to this Agreement.

 

All new features incorporated into the existing Software will also fall under the scope of this Agreement. The most current version of this Agreement can be reviewed at any time on our Software. We hold the right to update, change, or replace any part of this Agreement by posting updates and/or changes to our software.

 

If you have prepaid for any Paid Services (as defined below) before the revision of this Agreement, your use of such prepaid Paid Services will be governed by the Agreement version in effect at the time AI Photo Generator received your prepayment.

 

2. Licences Granted to You to Use The Software

 

We bestow upon you a personal, revocable, non-transferable, and non-exclusive license to use the Application. Unless explicitly agreed otherwise in writing, you are authorized to install, use, display, or run the Application or use the Service on your Smart mobile end device (not limited to smartphones) for non-commercial purposes.

 

You are not permitted to:

 

●        Create derivative works from the Application,

●        Make any commercial use of the Application, in part or in whole,

●        Use, sell, modify, or distribute the Application beyond what is allowed by the Application's functionality,

●        Engage in any actions that jeopardize computer network security.

●         

You commit to not copying, sublicensing, sharing, or selling the Application or the Service to others. You are solely responsible for any charges resulting from these actions.

 

The Application utilizes the OpenAI API, available at https://platform.openai.com/docs/api-reference. You can familiarize yourself with the Terms of Use for OpenAI Services at https://openai.com/terms/.

 

We retain all rights not expressly granted to you in this license. This license may automatically terminate if you violate any of these restrictions and may be ended by us at any time at our discretion.

 

3. Intellectual Property Rights

 

  1. You acknowledge and agree that we own all legal rights and interests in the App, including all intellectual property rights in the App and the Service.
  2. Information in the application, including but not limited to the copyright, patent, trademark as well as all other relevant laws and regulations. You are only allowed to use this content under our authorization; Unauthorised reproduction, modification or compilation of these contents or creation of related derivative works is not permitted.
  3. Unless you have agreed otherwise in writing with us, this Agreement does not authorise you to use the Application name, trademark, service mark, logo, domain name or any other distinctive sign relating to us.

 

4. Your Information

 

We respect the privacy and personal information of each user, and we will protect and comply with your privacy and personal information by taking the necessary precautions in the collection, processing, transmission and storage of your personal information and in accordance with applicable laws, in particular the special law on data protection. Please be sure to carefully read the Application’s Privacy Policy, which outlines how we collect and use your personal information.

 

5. User Age Restrictions

 

The application does not directly target any young user. If you are a young user and still decide to use the Application, please first obtain the consent of your guardian and/or other custodial adults and use the Application under the guidance and supervision of your guardian or any other adult who has a custodial role. In addition, your guardian and/or other custodial adults will be responsible for helping you properly understand the content of this Agreement and other relevant legal documents that will guide you to use the Application properly.

 

6. User Content Warranties

 

  1. The application does not directly target any young user. If you are a young user and still decide to use the Application, please first obtain the consent of your guardian and/or other custodial adults and use the Application under the guidance and supervision of your guardian or any other adult who has a custodial role. In addition, your guardian and/or other custodial adults will be responsible for helping you properly understand the content of this Agreement and other relevant legal documents that will guide you to use the Application properly.
  2. You retain all of your ownership rights in your Content submitted, however, by uploading, publishing or otherwise transmitting your Content on or to the Application, you voluntarily grant to us a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive rights and licences to use, sublicense, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration in the full term of any rights that may exist in such Content. You also permit other users to access, display, view, store and reproduce such Content for personal use under these terms of this Agreement.
  3. When you provide Content to the Application, you understand and accept full responsibility for the Content you provide, including any consequences that may arise. We do not endorse any Content or any opinion, advice or recommendation expressed herein and expressly disclaim any liability in connection with such Content. As such, you represent and warrant that you own or have been granted (and will continue to receive during your use of the Application) all necessary licences, rights, permissions and permissions for such Content.
  4. You agree that your conduct through the App will comply with (and you agree that all of the Content you provide shall comply with) this Agreement, as updated from time to time. You hereby warrant and represent that: (a) you are the sole owner of and/or hold all rights in and to the Content you provide; (b) there are no restrictions, or limitations which prevent or restrict you from granting the licenses herein; and (c) the Content you provide will not: (i) facilitate or promote illegal activity, or contain illegal content; (ii) contain information that is defamatory, misleading, fraudulent, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, colourr, creed, age, sexual orientation, or disability; (iii) contain sexually suggestive or explicit information; (iv) infringe upon or violate any right of any third party; (v) disparage, defame, or discredit us or any third party; (vi) contain any virus, viruses, worms, Trojan horses and other disabling or damaging codes; or (vii) otherwise contain content that violates any laws, rules, regulations or policies of any competent jurisdiction. You agree to defend, indemnify and hold harmless us and our directors, employees, shareholders, customers, agents, successors and assigns from and against any loss, damage, settlement or expense (including reasonable legal expenses) from and against any claim arising from breach of your representations and warranties outlined in this Agreement.
  5. You agree that you will not post or upload any Content that is illegal to own in your country of residence or that would be illegal for us to use or possess in connection with the provision of the Service.
  6. Unless you have an official licence or permission, you agree that the Content you submit to the Service does not contain any material that is subject to any third-party copyright or other third-party proprietary rights (including rights of privacy or publicity) unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled.
  7. We reserve the right (but shall have no obligation) to decide whether such Content complies with the requirements outlined in this Agreement, to remove any Content, to terminate a user's access to upload such Content, when we become aware of any potential breach of this Agreement. , at any time, without notice and at our sole discretion.

 

7. Compensation

 

You indemnify us from all claims, including claims against us by other users or other third parties, including government agencies (“Third Parties”), for your violation of this Agreement and the App's Privacy Policy. You shall bear all reasonable expenses, including reasonable costs of legal defence, incurred by us as a result of your violation of the rights of other users or Third Parties. All other rights and claims by us will remain unaffected.

 

8. Paid Services

 

1)      Some of the Services provided by the Software may require payment for use (“Paid Services”). You will receive the Paid Services within the subscription period when the Fees are duly paid in full. In the future, the Software may include other Paid Services. If you have already subscribed to the Paid Services during the period when subsequent Paid Services are updated, you will be able to use the additional Paid Services for the duration of the subscription at no additional charge, provided that: no additional fees are charged by us; You update the Software as necessary to use other Paid Services.

2)      For all Paid Services offered by us, we accept payment using the available payment method specified before purchase, which may include various forms of payment that we offer to you from time to time. You agree to comply with any applicable terms of service or other legal agreements with the payment method provider that govern your use of a particular payment processing method.

3)      We may, in our sole discretion, modify or eliminate the functionality of the Paid Services or the terms and conditions under which the Paid Services are provided. We may change the prices of Paid Services at any time. To the extent applicable, we will provide you with reasonable notice of such pricing changes by posting new prices on or through the applicable Paid Service and/or by sending you an email notification. If you do not wish to pay the new prices, you may choose not to purchase or cancel the applicable Paid Service before the change takes effect.

4)      Purchases of Paid Services are final and non-refundable (in particular, those Paid Services that may be used immediately) unless made at our sole discretion and by the rules governing each Paid Service. Expiration of your rights under this Agreement may result in loss of Paid Services purchased.

 

9. Disclaimer of Warranties

 

1)      You acknowledge and agree that your access to and use of the Services or any Content is at your own risk. The application may have potential risks such as force majeure, mobile communication terminal virus or hacker attack, system instability, the physical location of the user, phone shutdown and other reasons related to technology, telecommunication lines, service interruption, inability to respond to the user's request. In no event will we be liable for the risks mentioned above.

2)      We are not responsible for user losses caused by telecommunication line failure, technical problems, internet, mobile communication terminal failures, system instability and other force majeure reasons.

3)      In terms of business development and regulation, we reserve the right to change or terminate the Service at any time without prior notice to users, and we are not responsible for users or other third parties exercising this right.

4)      The Service and derivative works not officially published or authorised by us are illegal. User's download, installation and use of this Application may present unexpected risks. We are not responsible for any legal liability, or problems caused by it.

5)      You agree to the fullest extent under applicable law, we have other disclaimers not listed in this agreement.

6)      You are solely responsible for your interactions with other people, whether online or in person. AI Photo Generator is not responsible or liable for any loss or damage resulting from any interaction with other App users, people you meet through the App or anyone who finds you due to information posted by or through the App. You agree to take reasonable precautions in all your interactions with other users of the App and to conduct necessary investigations before meeting with another person. AI Photo Generator has no obligation to be involved in any user disputes but may do so at its sole discretion.

7)      To the fullest extent permitted by applicable law, we and our affiliates will not be liable for: (a) any indirect, incidental, exemplary punitive or consequential damages; (b) loss of profit, revenue, data, use, goodwill or other intangible losses; (c) damages related to your access to, use, or inability to access or use the services (d) damages related to any behaviour or content of any third party or subscriber using the services, including, without limitation, defamatory, offensive or unlawful conduct or content; and/or (e) damages in any way related to any content. This limitation applies to any claim, whether based on warranty, contract, tort, or any other legal theory, whether or not AI Photo Generator has been informed of the possibility of such damage, and also where a remedy set forth herein has been found to have failed. main purpose. To the fullest extent permitted by applicable law, the liability of us and our affiliates, for any claim under this agreement, including for any implied warranties, is limited to the greater of one hundred dollars (us $100.00) or the amount you paid us to use the applicable service(s).

 

10. Prohibited Behaviour

 

You agree that AI Photo Generator has the right to suspend or deactivate your account or your access to certain parts of AI Photo Generator at any time and without notice or liability to you. Upon such termination, we might delete your account and other information related to your account. Reasons for such termination could be violations of this agreement, requests from law enforcement or other government agency requests, but it is not limited to any of these.

 

11. Our Software and Service Management

 

1)      The application may be updated from time to time. You can decide at your discretion whether to accept the updates. If you do not accept the updates, we do not guarantee that we will provide you with the latest updated services and you will be solely responsible for any loss that may occur.

2)      We reserve the right to change, interrupt, suspend or terminate the Application at any time based on the actual situation, including but not limited to the memory space available for a single user, the nature and amount of uploaded content and others. Data or the ability of users to access the App and the Service on an ongoing basis, etc.

3)      You agree that we may suspend or terminate the Service related to the Application without notice if: (a) you are in breach of these Terms; (b) we do so subject to the applicable laws or requirements of the competent authority, or (c) any other conditions we must meet. Upon termination of the service, we reserve the right to completely delete all your information, subject to applicable laws and regulations, and will no longer assume any liability to you.

 

12. Limitation of Liability

 

AI Photo Generator AND THE OTHER AI Photo Generator PARTIES SHALL NOT BE LIABLE TO YOU UNDER CONTRACT, WORTH, NEGLIGENCE, EXCLUSIVE LIABILITY, WARRANTY OR ANY OTHER THEORY OF LIABILITY. LOSS OF PROFITS EVEN IF AI Photo Generator OR OTHER AI Photo Generator has been notified of the POSSIBILITY OF SUCH DAMAGES.

 

THE TOTAL LIABILITY OF AI Photo Generator AND THE OTHER AI Photo Generator PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE OUR SERVICES.

 

The limitations set second in this section do not limit or exclude liability for gross negligence, fraud or willful misconduct by AI Photo Generator or other AI Photo Generator Parties, or for any other matter for which liability cannot be excluded or limited under applicable law. In addition, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

 

13. Territorial Restrictions

 

We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that AI Photo Generator provides.

 

14. Miscellaneous

 

1)      You agree that if we do not exercise or enforce any legal right or regulation, this will not be considered a formal waiver of our rights and that we have the right to exercise or enforce the right or regulation on an ongoing basis.

2)      The User may not assign or transfer the rights granted by these Terms or assign the specified responsibilities and obligations to others without the written consent of the other party.

3)      The validity and interpretation of these Terms apply to the laws of the People's Republic of China ("PRC"). If any provision in these Terms conflicts with PRC Laws, the provision should be reinterpreted by applicable law. The invalidity or reinterpretation of these provisions will not affect the validity and enforcement of the remaining provisions. Both we and users agree to resolve issues arising from these Terms through consultation. If negotiation fails, both parties may submit the issues to arbitration by this clause, then any such dispute will be finally and exclusively resolved by the China International Economic and Commercial Arbitration Commission (CIETAC) South China Subcommittee. It will be conducted by the arbitration rules in force at the time of CIETAC's application for arbitration. The arbitral award is final and binding on both parties.

4)      We reserve the right to final interpretation of these Terms.

 

15. Contact Us

 

Don't hesitate to contact us if you have any questions.

Via Email:  info@wowooapps.com

Via this Link:  https://wowooapps.com/