TERMS OF SERVICE
The following terms and conditions („Terms”) govern the usage and access of the Arti mobile application („App”) and all content, services, and products available through the App. The App is owned and operated by Upbrand Paweł Ławniczak („Owner,” „we,” „us,” „our”). These Terms, along with any rules, guidelines, policies, and procedures that we may post or update on the App from time to time, collectively constitute the „Agreement.”
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE ARTI MOBILE APPLICATION. BY ACCESSING OR USING ANY PART OF THE APP, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT FULLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS OR USE THE APP.
1. ACCEPTANCE OF TERMS
By accessing or using the App, you signify your agreement to be bound by these Terms, including our Privacy Policy, which is incorporated herein by reference. The Privacy Policy addresses our data collection, processing, usage, and storage practices. If you do not agree with any part of these Terms or our Privacy Policy, you should not access or use the App. Your continued use of the App following any posted changes to the Terms constitutes acceptance of those changes.
2. ACCOUNT REGISTRATION, ACCESS, AND SECURITY
To access and use certain features of the App, you must register for an account. During the registration process, you may be required to provide specific personal information to us, including but not limited to your name, email address, and other contact details. Alternatively, you may choose to log in to the App using your Google or Apple ID. You affirm that the information you provide to us is accurate, true, current, and complete, and you agree to maintain and update this information as necessary.
You are responsible for the confidentiality of your account credentials, including your password, and for all activities that occur under your account. You agree not to disclose your password to any third party, and you will notify us immediately of any unauthorized use of your account or other breaches of security.
3. DESCRIPTION OF SERVICES, USAGE RESTRICTIONS, AND USER RESPONSIBILITIES
The App provides a platform for users to generate images and portraits utilizing AI (Artificial Intelligence) technology. The App’s features allow users to create unique images by providing prompts that guide the AI’s image generation process and create AI-styled portraits by uploading selfies. The App provides a user profile where generated images and portraits are stored, and these images can be saved in your gallery for personal use.
You agree to use the Services only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may not engage in any activity that interferes with or disrupts the Services or the servers and networks which are connected to the Services.
4. USER CONTENT, DATA STORAGE, AND LICENSING
By submitting, posting, or displaying content on or through the App, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods (now known or later developed).
You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Owner, its users, and the public.
5. PAYMENTS, SUBSCRIPTIONS, IN-APP PURCHASES, AND REFUNDS
We offer certain services for purchase („Paid Services”), including but not limited to subscriptions and in-app purchases. By selecting a purchase option, you agree to pay the Owner the one-time or periodic subscription fee indicated for that service. Payments are nonrefundable and there are no refunds or credits for partially used periods.
6. INTELLECTUAL PROPERTY RIGHTS AND PROPRIETARY RIGHTS
All trademarks, copyright, database rights, and other intellectual property rights of any nature in the App, and in the material published on it by us, are owned either directly by us or by our licensors. The App is for your personal and non-commercial use. Nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors.
7. DISCLAIMERS, LIMITATION OF LIABILITY, AND WARRANTIES
The App and all included content are provided on an „as is” basis without warranty of any kind, whether express or implied. We specifically disclaim any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of the course of dealing or usage of trade.
8. INDEMNIFICATION
You agree to indemnify and hold harmless the Owner, its contractors, licensors, and their respective directors, officers, employees, and agents from and against any and all claims, actions, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of your use and access of the App.
9. MODIFICATION OF TERMS
We reserve the right, at our sole discretion, to amend, alter, or otherwise change these Terms at any time. Your continued use of the App following the posting of modified Terms will be subject to the Terms in effect at the time of your use.
10. GOVERNING LAW AND JURISDICTION
These Terms, their subject matter and their formation, are governed by the laws of the jurisdiction in which the Owner operates. You and we both agree that the courts in the jurisdiction in which the Owner operates will have exclusive jurisdiction.
Contact us at [email protected] if you have any questions about these Terms.
Effective date: 29 June 2023
