Terms of service.
Terms Of Use and End User License Agreement (EULA)
I. INTRODUCTION
These Terms of Use and End User License Agreement (collectively, the “Agreement”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and AppCodio (“we,” “us” or “our”), concerning your access to and use of any mobile software application for mobile devices published under AppCodio Apple App Store account. The application from which you open this page will be noted here as the “App”. The App’s title may vary in countries other than the U.S. and is subject to change without specific notice.
All the documents that relate to the App are hereby expressly incorporated herein by reference.
Please read this Agreement carefully before you download, install or use the App.
It is important that you read and understand this Agreement 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. By using the App you agree to abide by this Agreement.
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. CHANGES TO THIS AGREEMENT
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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.
III. RESTRICTIONS ON WHO CAN USE THE APP
In order to download, install, access, or use the App, you must be eighteen (18) years of age or older, as specified on the App Store page. Parents and guardians are solely responsible for preventing any use of the App by minors who have not reached the age of majority or legal age in the relevant jurisdiction. To ensure compliance, parents should follow Apple's guidelines for setting up accounts for individuals under the age of 18, thereby preventing our app or any other app with an adult Age Rating from being visible on the device of minors. Consequently, any installation of the app by a person under 18 years of age is the sole responsibility of the parents or guardians of that individual. If a person under 18 years gains access to any device with the app installed, it is the sole responsibility of parents or guardians to implement controls to prevent such access. Consequently, we disclaim any responsibility for the use of the app by minors and emphasize the obligation of parents or guardians to ensure appropriate usage in accordance with age restrictions.
Any person under the age of eighteen (18) years is not permitted to download, install, access or use the App.
You affirm that you are either more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
IV. GENERAL TERMS
The App is developed for entertainment purposes. The App offers image generation & text generations tools based on Artificial Intelligence models and technologies that allow you to add to the images an interior based on the parameters you set. Thus, we are not responsible for the AI output in any way or form, it all happens automatically based on your input. See the full performance list on the App’s page in the App Store.
The App is intended only for your personal non-commercial use. You shall use the App only for the purposes mentioned above.
V. PRIVACY POLICY
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 are 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.
VI. END USER LICENSE AGREEMENT
By using the App, you undertake to respect our intellectual rights (intellectual 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.
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 “License”).
You may use our App solely for your own non-commercial purposes. You are bound to respect the copyrighted material within the App.
The source code, design and content, including information, photographs, illustrations, artwork and other graphic materials, sounds, music or video (hereinafter – the “works”) as well as names, logos and trademarks (hereinafter – “means of individualization”) within the App are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be.
These works and means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be.
All rights, title and interest in and to the App and its content, works and means of individualization as well as its functionalities (1) are the exclusive property of AppCodio and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the license herewithin.
We will not hesitate to take legal action against any unauthorized use of our trademarks, names or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
Specific terms for user input content and output content generated via the App.
The App allows you to generate new original content based on your inputs and the parameters you set. Note that by using the App you expressly acknowledge and agree that any your input content and output content you generate via the App shall be dedicated and released into the public domain within the meaning and under the terms of CC0 1.0 Universal (CC0 1.0) Public Domain Dedication (check the terms here https://creativecommons.org/publicdomain/zero/1.0/). Granting your input content and output content generated via the App into the public domain under CC0 1.0 Universal (CC0 1.0) Public Domain Dedication includes, among other things, but is not limited to the following:
- you hereby grant us and our successors, affiliates, agents, assigns or to anyone authorized to act on our behalf a non-exclusive, royalty-free, irrevocable, worldwide, perpetual, assignable, sublicensable, no-cost rights and license to use, copy, reproduce, display, adapt, modify, create derivative works, incorporate into other works, distribute or otherwise commercially exploit your input content, as well as output content generated via the App for any purpose, in all media and through any distribution channels now known or hereinafter invented, including the display of such content to other users of the App.
It is your sole responsibility to familiarize yourself with legal terms of CC0 1.0 Universal (CC0 1.0) Public Domain Dedication in order to fully understand all legal effects of granting your input content and output content generated via the App into the public domain.
THIRD PARTIES’ MATERIALS AND TECHNOLOGIES INTEGRATED INTO THE APP
The App is using the following third party open source materials:
- Stable Diffusion model https://huggingface.co/CompVis/stable-diffusion, available under CreativeML Open RAIL-M license. You may obtain a copy of license at https://huggingface.co/spaces/CompVis/stable-diffusion-license.
- Stability-AI SDK, available at https://github.com/Stability-AI/stability-sdk under MIT license. You may obtain a copy of license at:https://github.com/Stability-AI/stability-sdk/blob/main/LICENSE.
VII. PROHIBITED BEHAVIOUR
Self-Harm and Suicide Prevention
Users are prohibited from utilizing the application to engage in or encourage self-harm or manage suicidal thoughts. Any such activity is strictly forbidden and may result in immediate termination of access to the app.
Inappropriate Image Generation
The Custom prompts function must not be used to generate images that are sexual, violent, discriminatory, or otherwise inappropriate. Users are expressly forbidden from creating content that violates ethical standards, and any such misuse may lead to account suspension or termination.
Provocation of Inappropriate Responses
Users agree not to intentionally provoke the AI into generating inappropriate responses, including but not limited to content of a sexual, violent, or discriminatory nature. Engaging in such behavior may result in account sanctions, and any attempts to misuse the AI for illicit purposes will be taken seriously.
Unlawful Activities
Users are strictly prohibited from engaging in any unlawful activities through the app. This includes but is not limited to activities such as harassment, fraud, defamation, or any other conduct that violates applicable laws. Any user found to be involved in such activities may face legal consequences, and their access to the application may be terminated.
Privacy and Data Protection
Users must adhere to the principles of privacy and data protection. Unauthorized attempts to access, manipulate, or share personal information obtained through the app are strictly prohibited.
Respectful Interaction
Users are expected to engage with the AI in a respectful and considerate manner. Any attempts to use the app for the purpose of creating offensive, harmful, or harassing content are not tolerated and may result in account suspension or termination.
Compliance with Applicable Laws
Users are responsible for complying with all applicable local, national, and international laws while using the application. Any violations may lead to legal action and the termination of access to the app.
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 also agree to not use the app to conflict selfharm or help you mange suicide thoughts. You also agree not to generate inappropriate images using Custom prompts function, like sexual, violent or discriminative. You also agree not to provoce AI into giving you in appropriate replies like sexual, violance or discrimination themes.
In addition, you agree not to use the App and/or any input content and output content generated via the App:
- 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);
- For other purposes that 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 encourage anyone to violate any local, state, national or international law.
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.
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.
It is clarified that we may adopt, against a user who violated 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 United States of America, and shall be submitted to the sole jurisdiction of the competent courts of New York, the United States of America.
VIII. AVAILABILITY OF THE APP, SECURITY AND ACCURACY
In order to use the App, you are required to have a compatible mobile phone or tablet, and internet access.
The App is available for downloading and installing on handheld compatible mobile devices running Apple iOS Operating System 14.0 or later.
We do not warrant that the App will be compatible with all hardware and software which you may use.
We make no warranty that your access to the App will be uninterrupted, timely or error-free.
You acknowledge the App is provided via the internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control.
The version of the App may be upgraded from time to time to add support for new functions and services.
We may change or update the App and anything described in it without noticing you. If the need arises, we may suspend access to the App, or close it indefinitely.
You also warrant that any information that you submit to us is true, accurate and complete, and you agree to keep it actual at all times.
You can discontinue using our Services at any time by choosing the relevant option in your iTunes Account Settings. If you decide not to use the App for any reason you should uninstall the App.
IX. CHARGES
The App is provided on a free basis. Once you download the App, you’ll have access to its basic features.
Access to some services and/or additional features within the App (“Premium options”) requires paid subscriptions.
The full list of Premium options and pricing are provided on the App’s page. An auto-renewing subscription period will start on a regular basis after a purchase. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.
Your subscription will be automatically renewed within 24 hours before the current subscription ends. Auto-renew option can be turned off in your iTunes Account Settings at least 24 hours before the current subscription ends. Payment will be charged to iTunes Account at confirmation of purchase. No cancellation of the current subscription is allowed during the active subscription period. Subscriptions are managed by you. Please note that removing the App from your device does not deactivate your subscription.
You may be charged by your communications service provider for downloading and/or accessing the App on your mobile phone or tablet device, so you should check the terms of agreement with your operator. This may include data roaming charges if you do this outside your home territory. All these charges are solely your responsibility. If you do not pay the bills related to your mobile phone or tablet device, then we assume that you have the permission from the person that does it before incurring any of these charges.
X. 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 sole responsibility for and assume all risk 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.
XI. 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.
XII. 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 the content you input or generate via the App is at your sole risk. You assume your full responsibility arising out of your use of the App and/or further sharing and distribution of any content you input or generate via the App. 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 of input content and output content generated via the App or out of your failure to comply with the terms of the present Agreement.
XIII. 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.
XIV. THIRD PARTY BENEFICIARY
You acknowledge and agree that Apple, and Apple’s subsidiaries are the third party beneficiaries of the present Agreement, and that upon your acceptance of the terms and conditions of the present Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third party beneficiary thereof.
XV. 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.
Any claims shall be exclusively decided by courts of competent jurisdiction in New York, the State of New York, USA and applicable Federal law shall govern, without regard to choice of law principles.
If you ever wish to seek any relief from us, you agree to waive the ability to pursue class action.
If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the App and the Services provided by the App or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.
XVI. TERMINATION
We reserve the right to terminate this Agreement at any time at our 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.
XVII. SEVERABILITY
If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be more narrowly construed so that it becomes legal, valid and enforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full 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.
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 contact@appcodio.com