Effective as of: July 12, 2023
Welcome to HYPERZ AI B.V. (referred to as "the Company", "we", "our" or "us"), a firm specializing in mobile technology with a focus on deep learning applications. We're passionate about transforming mobile photography using neural networks, deep learning, and computer vision techniques, and are committed to pioneering new ways for individuals to express their emotions via camera technology.
The User Agreement (referred to as "the Agreement") is applicable to all users and others ("Users", "you", where appropriate) who download, install, register, access, or use ("Use", "Using") our mobile application, Photos AI: Photo Editor ("Photos AI" or "the application"), and our website.
By Using Photos AI, you consent to this Agreement. If you do not agree to this Agreement, including the mandatory arbitration clause and class action waiver in Clause 15 (Dispute Resolution; Binding Arbitration), do not Use Photos AI. Continued usage of Photos AI indicates acceptance of this Agreement.
This Agreement serves as a binding contract between you and us. You are accepting and agreeing to this Agreement for yourself or the entity you represent concerning the Use of Photos AI. If you are Using Photos AI on behalf of another individual or entity, you assert that you have the authority to accept this Agreement on their behalf, and that they agree to be accountable to us for any violations of this Agreement.
BY USING THE APPLICATION, YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO AGREE TO THIS AGREEMENT. FOR USE OF THE AI Image Generation FEATURE, YOU SPECIFICALLY AFFIRM THAT YOU ARE AT LEAST 18/21 YEARS OLD (DEPENDING ON THE LEGAL REQUIREMENTS OF YOUR LOCATION).
For any queries about this Agreement or Photos AI, please reach out to us at info@hyperz.ai (for more contact details, refer to Clause 22 of this Agreement "How to Contact Us").
NOTE: Photos AI uses a Neural Network Model known as Stable Diffusion, enabling users to generate personalized AI Image Generation (“Images”). For any key queries on how Stable Diffusion technology operates, refer to their FAQ. For understanding how the AI Image Generation feature functions, our brief FAQ can be consulted.
How does it function? Users upload between 10 to 20 photos and select their gender. The option to skip gender selection by selecting "Other" is available. These data are used to retrain a copy of the Stable Diffusion model for personalization Once the model copy is retrained, it creates Images Upon generation of Images, the model copy, along with the uploaded photos, are permanently erased from our servers. We impose certain restrictions on the use of Images in specific circumstances (e.g., usage of nude photos, using photos of others without their consent, etc.). The complete list of restrictions can be found in Clause 6.
We do not utilize your Personal Data for broad training or creation of our distinct artificial intelligence/products. While we strive to moderate the settings of the AI model, you may still encounter content that may be perceived as inappropriate. If you find any offensive or inappropriate content, please notify us at info@hyperz.ai. We'll act promptly and use the information to refine our algorithm. Additionally, we request and appreciate your adherence to the rules of Photos AI Use outlined in Clause 6 of this Agreement.
We may, at any time and without prior notice, modify, expand, and enhance the application. Additionally, we may decide to stop operating part or sections of the application or selectively disable certain application features. You should not expect the application's continued provision or availability as part of your use. The decision to modify or remove Photos AI or any specific features is at our sole discretion.
General age requirement: You must be a minimum of 13 years old to Use Photos AI. If you are below 18 years old (or the age of legal majority in your location), you may Use Photos AI only under the supervision of a parent or legal guardian who agrees to these Terms. If you're a parent or legal guardian of a User under the age of 18 (or the age of legal majority), you agree to bear full responsibility for that User's actions or omissions relating to Photos AI.
Age requirement for European Economic Area (“EEA”) and United Kingdom (“UK”) residents: Due to the General Data Protection Regulation (“GDPR”) and UK GDPR requirements, you need to be at least 16 years old to Use Photos AI. We do not permit the use of Photos AI by EEA and UK residents under 16 years old if it's prohibited by law. If you know anyone below 16 using Photos AI, please reach us at info@hyperz.ai (for more contact info, see Section 22 of these Terms "CONTACTING US") and we'll take reasonable steps to prevent that person from Using Photos AI.
Age requirement for AI Image Generation feature: Given the unpredictable results of the AI Image Generation feature, you must be of legal age as per your jurisdiction. If you know anyone using the feature who is under the age of legal majority, let us know at info@hyperz.ai (for more details, see Section 22 of these Terms "CONTACTING US").
You affirm and warrant that you have the authority to enter into this agreement without violating any other agreements you're a part of, and that you haven't been previously suspended or removed from Using Photos AI. You further commit to comply with all relevant laws and provide accurate information to us when Using Photos AI. The application is not available to Users previously barred from its use.
Certain features or functions of Photos AI may necessitate account registration (“Account”). By setting up an Account, you commit to:
(i) provide accurate, current, and complete information for your Account,
(ii) update your Account information promptly as necessary,
(iii) maintain your Account login information's security,
(iv) bear responsibility for all activities occurring via your Account, whether or not initiated by you or without your consent, and
(v) notify us immediately if you suspect any security breaches linked to your Account.
You bear full responsibility for maintaining the confidentiality and security of your Account login information and for all Account activities. We will not be responsible for any loss or damage resulting from your failure to comply with these requirements.
You can register your Account using a valid account on the app store or marketplace from which you downloaded Photos AI (Apple App Store, Google Play.) (each such account, a “Third-Party Account”). Registering your Account using a Third-Party Account authorizes Photos AI to access your Third-Party Account as allowed under the applicable terms and conditions governing your and our use of the Third-Party Account.
PLEASE BE AWARE THAT YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH THOSE THIRD-PARTY SERVICE PROVIDERS.
Your interaction with Photos AI may involve uploading, editing, creating AI-generated, storing, and sharing content, including your photos and videos (collectively "User Content"). We don't claim ownership over your User Content, encompassing AI-generated content created through your use of Photos AI (for these Terms, "User Content" explicitly includes any AI-generated content crafted by using the application).
In order to provide a seamless Photos AI experience, we require a permit or license, referred to as a “Company License”, to use your User Content within the application. This Company License strictly pertains to our usage of your User Content and the entities we may distribute this User Content to. We don’t trade any of your User Content with third parties and only utilize it to ensure the proper functioning of the application.
Thus, exclusively for operating and refining Photos AI, you grant us a finite, revocable, non-exclusive, royalty-free, global, fully-paid, transferable, sub-licensable license to use, modify, distribute, and create derivative works of your User Content. This happens without any extra compensation to you, subject always to your explicit consent where required by law and as stated in our Privacy Policy. This Company License is intended for the limited purpose of operating Photos AI and enhancing our current and upcoming products, including but not limited to training Photos AI AI for your utilization of the AI Image Generation feature or for implied uses of Photos AI and its services, unless you have provided us additional explicit consent for a different purpose where required by law. The Company License is time-limited, automatically ending when you delete User Content from Photos AI library or terminate your account with associated data deletion. Additionally, the Company License related to User Content uploaded for AI Image Generation automatically terminates once your AI-generated content is prepared.
By using Photos AI, you acknowledge and agree that our utilization of your User Content will not result in harm to you or any person you have authorized to act on your behalf.
To recap: We establish certain guidelines for the content you may upload. In essence, you should own the photos or videos you upload, or hold a suitable license to upload such content to Photos AI. If the content features anyone other than you, their consent is essential. If you upload someone else's content to Photos AI and we face claims, you will indemnify Photos AI for these claims (meaning we will require you to financially compensate us for these claims). We strongly encourage you to adhere to these guidelines and refrain from infringing on others by using their content without permission.
You affirm that:
(i) you possess the User Content edited and adjusted by you on or through Photos AI or otherwise have the right to grant the rights and licenses set forth in these Terms;
(ii) you agree to compensate for all royalties, fees, and any other monies owed by reason of the User Content you edit and adjust on or through Photos AI, and confirm to us that any usage of third-party User Content has been cleared by you with the respective owner; (iii) in case the User Content features third parties, you have secured all necessary approvals from them to upload it to Photos AI; and
(iv) you possess the legal right and capacity to comply with these Terms within your jurisdiction.
You are prohibited from uploading, editing, creating, storing, or sharing any User Content that violates these Terms or for which you lack the rights necessary to grant us the Company License described above. You further agree to indemnify, defend, and keep Photos AI harmless from any unauthorized use of third-party User Content you may commit (both intentionally and unintentionally) according to Section 11 "Compensation of these Terms.
Please note that Photos AI is financed by advertising revenue and may display advertisements and promotions. You hereby agree that we may place such advertisements and promotions on Photos AI or in conjunction with your User Content. The method, mode, and extent of such advertisements and promotions are subject to change without prior notice. We bear no responsibility to you for any modification, suspension, or discontinuation of Photos AI, or the loss of any User Content, if this loss occurs beyond our control (e.g., due to a security breach). However, we pledge to notify you of such security incident in accordance with our Privacy Policy (and its Section 8 “Data Security”).
On AI Image Creation Photos AI permits you to utilize AI for generating images, much like other conventional image creation software or tools. You own the rights to the images generated through our AI. The usage of these generated images is at your discretion. It's important, therefore, to pay close attention to the restrictions laid out in this Section 6. Primarily, it's your responsibility to ascertain that your usage of the AI-generated images is not infringing upon laws, including but not limited to privacy and intellectual property laws, or deemed as obscene, pornographic, harmful, or propagating harmful misinformation. If you're uncertain about the legality of your planned usage of the generated images, particularly for commercial purposes, we recommend proceeding with caution. Nevertheless, we disallow the use of these images for sale, third-party benefits, or any other manner not approved by these Terms.
General Guidelines. Ensure your use of Photos AI complies with relevant contracts, intellectual property laws, other applicable laws, third-party rights (including Company rights), and doesn't involve tortious behavior. You alone bear responsibility for your conduct during the use of Photos AI.
By using Photos AI, including uploading User Content, you agree not to:
Regarding User Content, only share non-confidential content for which you have the necessary rights to disclose. Do not upload, edit, create, store or share User Content that:
Since we use Stable Diffusion AI technology in Photos AI for generating AI images, you agree not to use Photos AI features with Stable Diffusion AI technology or the Stable Diffusion AI technology itself (Copyright (c) 2022 Robin Rombach and Patrick Esser and contributors) in the following ways, which are explicitly prohibited under the Stable Diffusion AI technology license:
You also agree to abide by the Stable Diffusion AI technology license, which is incorporated here by reference.
We reserve the right to monitor your use of Photos AI to ensure compliance with these Terms and to fulfill any applicable law or legal requirements. We also hold the right to investigate any violations of these Terms or conduct that affects Photos AI, and may collaborate with law enforcement authorities to prosecute users who break the law.
We may, at our discretion and at any time, suspend or terminate Photos AI, introduce new features or impose limitations on certain features, or restrict access to Photos AI.
In brief: This section implies that everything you encounter on the app (excluding your images, clips or AI Image Production) is either owned or licensed by Photos AI. We permit you to exploit the full potential of the app, but if you wish to utilize any parts of our app beyond it, you must seek our approval. This section does NOT pertain to User Content.
Photos AI, inclusive of its text, visuals, images, photos, videos, audio, music (including the Music Content), trademarks, trade names, headers, icons, scripts, logos, slogans, filters, tools, and other content (barring your User Content), along with the intellectual property rights attached to them, are either owned or licensed by us and are safeguarded under both U.S. and international laws. Except where explicitly stated in these Terms, all rights, titles and interests (including all intellectual rights) related to Photos AI and the Photos AI Content remain with us or our licensors. Your use of the Photos AI Content must always abide by these Terms and, if applicable, any other terms and conditions that we might convey to you periodically, like terms and conditions from our licensors ("Supplemental Terms"). These Supplemental Terms are integrated into these Terms by reference. In case of any conflict or discrepancy between these Terms and Supplemental Terms, the latter prevails. You are granted a restricted, non-exclusive, non-transferable, non-sublicensable, revocable license to use Photos AI and the Photos AI Content for personal use (“User License”); however, this User License is subject to these Terms and (if applicable) the Supplemental Terms and does not allow any right to:
(i) Sell, resell or commercially exploit Photos AI or the Photos AI Content;
(ii) Copy, reproduce, distribute, perform publicly or display publicly the Photos AI Content, except as expressly permitted by us or our licensors;
(iii) Modify the Photos AI Content, remove any proprietary rights notices or markings, or make any derivative use of Photos AI or the Photos AI Content, except as expressly mentioned in these Terms and the Supplemental Terms;
(iv) Use any data mining, robots or similar data collection or extraction methods;
(v) Use Photos AI or the Photos AI Content beyond what is expressly provided in these Terms and the Supplemental Terms.
Any use of Photos AI or the Photos AI Content beyond what is authorized herein, without our prior written permission, is strictly prohibited and will result in termination of the User License granted under these Terms and (if applicable) the Supplemental Terms. You are prohibited from removing, altering, or concealing any copyright, trademark, service mark or other proprietary rights notices embedded in or accompanying the Photos AI Content.
We may provide you with a library of audio and music content on Photos AI (“Music Content”). The Music Content available on Photos AI can only be used within the context and as a part of other User Content that is being edited via Photos AI, as long as such editing is carried out via Photos AI and permitted by the Supplemental Terms. We do not guarantee the accuracy or completeness of any information (such as metadata) that we provide to you regarding the Music Content. You will be solely accountable and liable for determining whether releases are necessary for any proposed use of the Music Content outside of Photos AI, and you will be solely accountable and liable for securing all necessary releases. We do not provide any rights, nor do we make any guarantees, in relation to the use of the Music Content outside of Photos AI.
In brief: You have the option to use the free version of Photos AI or purchase a premium subscription that offers enhanced features for editing or generating your photos. There are also additional paid features – for example, you would have to pay us for Image Generation. You must be over 18 to pay for a subscription or any additional features. Please contact Apple App Store support or Google Play support for any questions or refund requests, as they manage your paid subscriptions or other purchased items.
Certain functionalities and features of the app are available free of charge. We also provide subscription plans that offer access to enhanced services and extra features for a fee (“Purchased Content”).
You are only permitted to use the Purchased Content if you are over 18 years old (or of legal majority where you live, if different), and only on a limited, personal, non-transferable, non-sublicensable and revocable basis.
The Purchased Content can be bought through a third party, such as the Apple App Store or Google Play. If you purchase the Purchased Content from a third party, separate terms and conditions might apply to your access to Photos AI in addition to these terms.
Your payment to the third party from whom you purchased the Purchased Content 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 our offered subscription plans at any time.
For any refunds or to manage your Purchased Content, please contact the third party (Apple App Store or Google Play support).
For privacy and security reasons, we cannot view, access, or modify any financial transactions for in-app subscriptions from Apple or Google LLC. Instead, we advise you to contact the appropriate support team of Apple or Google LLC regarding your subscription to request any refunds.
You can cancel your Purchased Content by signing into your account and following the cancellation instructions for your subscription.
To learn more about refunds from Google Play for a Google in-app subscription or purchase, contact them.
For guidance on requesting a refund for an Apple in-app subscription or purchase, contact them.
IRRESPECTIVE OF ANYTHING TO THE CONTRARY HEREIN AND SUBJECT TO COMPULSORY LEGISLATION, YOU ACCEPT THAT WE ARE NOT OBLIGATED TO PROVIDE A REFUND FOR THE PURCHASED CONTENT FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED PURCHASED CONTENT, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY.
Simplified Version: If you come across content in our app that you think infringes on a copyright, please let us know. The guidelines on how to inform us are provided below.
We respect the copyright rights of others and respond to allegations of copyright infringement as per the law. If you suspect that content such as text, graphics, photos, audio, music, videos, or other materials, including User Content, hosted on Photos AI is infringing on copyrights, please inform us. This can be done by submitting a written notice to our copyright agent listed below.
To comply with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), your written notice ("DMCA Notice") must include the following:
- Your signature, either physical or electronic, as the copyright owner or as an authorized representative of the owner.
- Details of the copyrighted work alleged to have been infringed or a list of multiple works if applicable.
- Identification of the User Content alleged to be infringing and details to help us locate it.
- Your contact details, such as name, email, postal address, and phone number.
- A statement asserting your good faith belief that the complained use of the work is not sanctioned by the copyright owner, its agent, or the law.
- A statement made under penalty of perjury, affirming that your notice is accurate and that you are the copyright owner or authorized to act on their behalf.
Our Copyright Agent for receiving DMCA Notices is:
Address:
Regulusweg 5
2516AC
The Hague, The Netherlands
E-Mail Address:
info@hyperz.ai
Failure to comply with these requirements may render your DMCA Notice ineffective, and we might not enforce it. However, this does not prevent you from submitting a revised DMCA notice.
If you falsely claim that any material, including User Content, or activity within Photos AI is infringing your copyright or another's copyright, you could be held liable for damages as per Section 512(f) of the DMCA.
If we discover that any user repeatedly infringes copyrights, we will take appropriate action, which may include restricting their access to Photos AI.
Simplified Version: We appreciate your feedback about the app. Please remember that your feedback is not confidential and we can use it, such as on our website or on social media.
We welcome your feedback regarding us or Photos AI. Feedback can be submitted via the "Send Feedback" button in the Photos AI settings or by contacting us at info@hyperz.ai, or leaving a review on the Apple App Store or Google Play. Once submitted, your feedback is not confidential and becomes our property. We will hold exclusive rights to your feedback and can use it without acknowledging or compensating you. If we decide to share your feedback publicly, we will not use your personal data unless you explicitly agree.
Simplified Version: If you break the rules and we face claims because of it, we may ask you to cover the costs.
As per the law, you will compensate us and our associates ("Company Parties") for any loss or claims arising from your use of Photos AI, your User Content or Feedback, violation of these terms, infringement of others' rights, or your conduct associated with Photos AI. You agree to inform the Company Parties of any third-party claims and bear the costs of defending such claims.
Simplified Version: Things may not always go as expected. We don’t promise that Photos AI will always work perfectly. The AI Image Generation can be unpredictable, and if you see any offensive content, please let us know.
We don’t control, endorse, or take responsibility for any User Content or third-party content available on Photos AI. Use of Photos AI is at your risk. We cannot guarantee that it is error-free or free of harmful components. Your use of the AI Image Generation feature in Photos AI is also at your risk as we do not control the outcomes.
The Company Parties won’t be liable for any indirect, consequential, or special damages or lost profits under any legal theory. The total liability of the Company Parties, for any claim related to these Terms or Photos AI, is limited to the amount paid by you to use Photos AI. In certain jurisdictions, some limitations or exclusions may not apply to you.
As far as legally allowed, you absolve the Company and its associates from all responsibility, liability, claims, demands, or damages of every kind, known and unknown, including but not limited to, negligence claims, related to disputes between users or actions of third parties. You specifically relinquish any rights under California Civil Code § 1542 or any other law that would limit the scope of this waiver to claims you are currently aware of or suspect.
This section is important as it mandates arbitration for certain disputes and claims with the Company and determines the ways in which you can request compensation from us.
Unless you or the Company opt for a small claims court for individual small claims cases or cases where you or the Company are seeking equitable relief for alleged illegal use of intellectual property, both parties renounce their rights to a jury trial and court resolution of disputes relating to these Terms or the Photos AI. Instead, all such disputes will be settled through confidential binding arbitration in The Hague, The Netherlands, in compliance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), available on the JAMS website and are included here by reference. You acknowledge that you have read and understand the JAMS rules or forfeit your chance to read them and cannot claim that they are unfair or should not apply for any reason.
Arbitrations under these terms will be conducted individually; class arbitrations, class actions, representative actions, and consolidation with other arbitrations are not allowed. You give up your right to have your case decided by a court or participate in a class action against us.
You and the Company agree that these Terms involve interstate commerce and that this Section 15's enforceability will be governed both substantively and procedurally by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”), to the greatest extent allowed by law. As restricted by the FAA, these Terms, and the Rules, the arbitrator will have the exclusive authority to make all procedural and substantive decisions about any dispute and to grant any remedy otherwise available in court. However, the arbitrator does not have the authority to conduct a class arbitration or a representative action, which these Terms prohibit. The arbitrator can only conduct individual arbitrations and cannot preside over any class or representative proceedings or any proceeding involving more than one individual. You and the Company agree that for any arbitration you initiate, you will pay the filing fee, and the Company will pay the remaining JAMS fees and costs. For any arbitration initiated by the Company, the Company will pay all JAMS fees and costs. You and the Company agree that the courts of The Hague in The Netherlands have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
You must file any claim related to these Terms or the Photos AI within one year after the claim arose; otherwise, the claim is permanently barred, and you and the Company lose the right to make the claim.
You can opt-out of binding arbitration within 30 days of the date you first agreed to this Section 15 by writing to the Company. The opt-out notice must be sent to:
HYPERZ AI B.V.
Regulusweg 5
2516AC
The Hague
info@hyperz.ai
The opt-out notice must contain your full name and indicate clearly your intent to opt-out of binding arbitration. If you opt out of binding arbitration, you agree to resolve disputes in accordance with Section 16.
In summary: this agreement is governed by The Netherlands law.
These Terms and your use of the Photos AI will be governed by, interpreted, and enforced according to the laws of The Netherlands, regardless of any conflict of law rules or principles that would mandate the application of the laws of any other jurisdiction. Some countries, including those in the European Union, have laws requiring agreements to be governed by the user's country's local laws. This paragraph does not supersede those laws.
Any disputes between you and the Company that are not subject to arbitration or cannot be heard in a small claims court will be resolved in courts of The Hague in The Netherlands.
We can modify these Terms from time to time. If we do, we will post the revised Terms and update the “Effective date.” We will notify you through in-app consent, email, or other suitable communication methods for significant changes to the Terms, which could impact your rights. If you disagree with the updated terms, you must stop using the Photos AI. If you continue to use the Photos AI after we notify you, it means you accept the changes.
By using the Photos AI, you agree to receive electronic communications from us, including emails, push notifications, and notifications posted on Photos AI. The communications between us may take place electronically, whether you use the Photos AI or email us, or whether we post notifications on Photos AI or email you. These communications may include notices about the Photos AI and are part of your relationship with us. For contractual purposes, you consent to receiving electronic communications from us and agree that all electronic communications satisfy any legal requirement that such communications would satisfy if in writing. Your statutory rights are not affected.
You can opt out of promotional emails at any time through the following methods:
- Following the opt-out links in any promotional email we send to you
- Adjusting your Photos AI settings on your mobile device
- Contacting us at any time at info@hyperz.ai or other contact details in the "CONTACTING US" section of these Terms.
You can opt out of push notifications by changing your mobile device settings.
We can terminate your right to use the Photos AI at our discretion and without notice. We are not liable for any loss or harm related to your inability to use the Photos AI. When the Photos AI is terminated, discontinued, or canceled, all provisions of these Terms that by their nature should survive will survive, including but not limited to, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
The use of this software and its built-in AI capabilities might be regulated by foreign trade and re-exportation laws, including those set out in the U.S. Department of Commerce's Export Administration Regulations ("EAR"), financial sanctions overseen by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the Department of State's International Traffic in Arms Regulations ("ITAR"). You affirm that you are (1) not present in a nation or region subjected to a U.S. government trade ban, and (2) not on any denied entities list outlined in the above-mentioned regulations.
You commit to abide by all U.S. and international export laws to guarantee that neither the software nor any technical data pertaining to it, nor any product developed from or based on such technology obtained from Photos AI under this Usage Agreement, is exported or re-exported, directly or indirectly, contravening such laws, or utilized for any objectives forbidden by these laws and regulations.
If you use Photos AI on a device equipped with Apple Inc.'s iOS mobile operating system ("App"), the following provisions are applicable.
Recognition. You accept that this Agreement is solely between you and us, and Apple is not involved. We hold exclusive responsibility for the App and its content. Additionally, you accept that the App's usage rules are subject to any extra conditions in Apple App Store's terms of service when you downloaded the App, and in case of conflict, the Apple App Store's rules take precedence if they impose stricter restrictions. You acknowledge having had the chance to go through Apple's usage rules.
License Scope. The granted license to you is restricted to a non-transferable license to utilize the App on any iPhone, iPod touch, or iPad that you own or control, in compliance with the Apple usage rules listed in the Apple App Store terms of service.
Support and Maintenance. Both parties agree that Apple is not obliged to provide any maintenance and support services concerning the App.
Warranty. You acknowledge that Apple bears no responsibility for any warranties relating to the App, be it explicit or implied by law. In case the App fails to meet any pertinent warranty, you may inform Apple, and Apple will reimburse the purchase price, if any, paid to Apple for the App by you; and to the fullest extent allowed by applicable law, Apple has no further warranty obligation concerning the App. The parties acknowledge that if there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses due to any failure to comply with such warranty would be solely the Company's responsibility. However, you comprehend and concur that as per these Terms, the Company has repudiated all warranties of any sort regarding the App, and hence, no warranties apply to the App.
Claims Regarding Products. Both parties acknowledge that the Company, and not Apple, will address any claims about the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to adhere to any legal or regulatory requirement, and (iii) claims originating under consumer protection or comparable legislation.
Intellectual Property Rights. Both parties agree that, if any third-party claims that the App or your possession and usage of the App violate their intellectual property rights, the Company, and not Apple, will be solely liable for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, as needed under these Terms.
Legal Compliance. You assure that (i) you are not in a country that is under a U.S. Government embargo, or identified by the U.S. Government as a "terrorist supporting" country, and (ii) you are not on any U.S. Government list of forbidden or restricted individuals.
Developer Contact. For any questions, complaints, or claims concerning the App, please reach out to:
HYPERZ AI B.V.
Regulusweg 5
2516AC
The Hague
info@hyperz.ai
Compliance with Third-Party Agreements. You agree to follow all applicable third-party terms while using the App.
Third-Party Beneficiary. Both parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, with the right (considered accepted upon your agreement to these Terms) to enforce these Terms against you.
For any inquiries, complaints, or claims concerning these Terms or Photos AI, you can reach out to us via email at info@hyperz.ai or our postal address:
HYPERZ AI B.V.
Regulusweg 5
2516AC
The Hague
info@hyperz.ai
These Terms comprise the complete contract between you and us relating to Photos AI and your usage of Photos AI, replacing any and all prior oral or written understandings or agreements. These Terms are in English.
Any laws requiring localization of these Terms to your language or any other non-electronic records delivery or retention are irrevocably waived.
Failure to exercise or enforce any right or provision in these Terms will not be deemed a waiver. Any waiver needs to be in writing, signed by an authorized company representative.
Unless stated otherwise, any remedies available under these Terms do not affect other remedies available under these Terms or otherwise.
Any unenforceable provision in these Terms is enforceable to the maximum extent possible, and other provisions remain in full force. Section titles in these Terms are for convenience only and carry no legal or contractual effect.
Unless stated otherwise, these Terms are meant only for you and the Company's benefit, not for any third party.
You may not transfer your rights under these Terms without our written consent. Any such attempt will be null and void. We can freely assign or transfer our rights and obligations. Subject to this, these Terms will bind and benefit the parties, their successors, and permitted assigns.
