TERMS OF SERVICE FOR NAILIFY
Last Updated: November 27, 2024
Effective Date: November 27, 2024
Welcome to Nailiy! These Terms of Service ("Terms") govern your access to and use of the Nailiy mobile application ("App"), operated by Nailiy ("we," "us," or "our").
By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.
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1. ACCEPTANCE OF TERMS
1.1 Agreement
By accessing or using Nailiy, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
1.2 Eligibility
You must be at least 13 years old (or 16 in the European Economic Area) to use this App. By using the App, you represent and warrant that you meet this age requirement.
1.3 Account Registration
To access certain features, you must create an account. You agree to:
• Provide accurate and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account
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2. SERVICE DESCRIPTION
2.1 What Nailiy Does
Nailiy is an AI-powered mobile application that allows users to:
• Upload photos of their hands/nails
• Select nail design patterns and styles
• Generate virtual nail art designs using artificial intelligence
• Save and share their created designs
2.2 AI-Powered Design Generation
Our App uses advanced AI technology (powered by Fal.ai) to process your photos and generate custom nail designs. The AI:
• Analyzes your uploaded hand/nail photo
• Applies your selected design pattern
• Generates a realistic preview of the nail design
• Returns the result for you to view, save, or share
2.3 Credit-Based System
Nailiy operates on a credit-based system:
• Each AI design generation consumes credits
• Credits can be purchased through in-app purchases
• New users receive complimentary trial credits
• Credit packages are available at various price points
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3. IN-APP PURCHASES AND PAYMENTS
3.1 Credit Packages
We offer the following credit packages (prices may vary by region):
• Mini Pack: 10 Credits
• Starter Pack: 25 Credits
• Popular Pack: 50 Credits
• Pro Pack: 100 Credits
• Ultra Pack: 200 Credits
3.2 Payment Processing
All payments are processed through Apple App Store. By making a purchase, you agree to Apple's terms and conditions for in-app purchases.
3.3 Pricing
• Prices are displayed in your local currency
• Prices include applicable taxes where required
• We reserve the right to change prices with notice
• Price changes do not affect previously purchased credits
3.4 Non-Refundable Credits
IMPORTANT: Credits are consumable digital items and are NON-REFUNDABLE once purchased. This includes:
• Unused credits remaining in your account
• Credits used for AI design generation
• Credits lost due to account deletion
3.5 Restore Purchases
If you reinstall the App or switch devices, you can restore your purchases using the "Restore Purchases" feature in the App. Note that consumable credits cannot be restored - only the purchase history is available.
3.6 Subscription Auto-Renewal
If we offer subscription plans in the future:
• Subscriptions will auto-renew unless cancelled
• You can manage subscriptions in your Apple ID settings
• Cancellation takes effect at the end of the current period
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4. USER CONTENT AND CONDUCT
4.1 Your Content
You retain ownership of photos and content you upload. By uploading content, you grant us a limited license to:
• Process your photos through our AI system
• Temporarily store images for processing
• Generate and deliver nail designs to you
4.2 Content Requirements
You agree that all content you upload:
• Is owned by you or you have rights to use it
• Does not infringe any third-party rights
• Does not contain illegal or harmful material
• Is appropriate for the intended purpose (nail design)
4.3 Prohibited Content
You must NOT upload content that:
• Contains nudity or sexually explicit material
• Depicts violence or harmful activities
• Infringes copyrights, trademarks, or other rights
• Contains malware or malicious code
• Violates any applicable laws or regulations
4.4 Prohibited Conduct
You agree NOT to:
• Use the App for any illegal purpose
• Attempt to reverse engineer the App
• Circumvent security measures or access restrictions
• Use automated systems to access the App
• Interfere with the App's operation
• Share your account with others
• Create multiple accounts to abuse free trials
• Resell or commercially exploit generated designs without permission
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5. INTELLECTUAL PROPERTY
5.1 Our Intellectual Property
The following are owned by Nailiy and protected by intellectual property laws:
• The Nailiy name, logo, and branding
• App design, interface, and user experience
• AI algorithms and processing technology
• Software code and architecture
• Documentation and marketing materials
5.2 Your Rights to Generated Designs
AI-generated nail designs created through the App:
• May be used for personal, non-commercial purposes
• May be saved to your device and shared on social media
• May NOT be sold or commercially distributed without permission
• May NOT be used to train competing AI systems
5.3 Feedback
If you provide suggestions or feedback about the App, you grant us the right to use this feedback without compensation or attribution.
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6. AI-GENERATED CONTENT DISCLAIMER
6.1 Nature of AI Results
You acknowledge and understand that:
• AI-generated designs are computer-generated approximations
• Results may vary based on photo quality and input
• AI output is not guaranteed to match expectations
• Some designs may contain imperfections or artifacts
6.2 No Guarantee of Results
We do not guarantee that:
• AI designs will be suitable for all purposes
• Results will match actual nail application outcomes
• Every design generation will be successful
• AI will produce identical results for similar inputs
6.3 Credits for Failed Processing
If AI processing fails due to technical issues on our end:
• We will refund the credits for that specific attempt
• You may retry the design generation
• Contact support if issues persist
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7. PRIVACY AND DATA
7.1 Privacy Policy
Your use of the App is also governed by our Privacy Policy, which describes how we collect, use, and protect your data.
7.2 Photo Processing
By using the App, you consent to:
• Your photos being transmitted to our AI processing servers
• Temporary processing of your images
• Deletion of photos after processing is complete
7.3 Data Security
We implement industry-standard security measures but cannot guarantee absolute security. You use the App at your own risk.
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8. DISCLAIMERS AND WARRANTIES
8.1 "As Is" Service
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or reliability of results
8.2 No Professional Advice
The App provides AI-generated nail design previews for entertainment and visualization purposes only. It does not constitute:
• Professional nail technician advice
• Guarantee of actual nail application results
• Medical or health advice
8.3 Third-Party Services
We are not responsible for third-party services integrated with our App, including:
• Apple App Store
• Firebase services
• Fal.ai AI processing
• Payment processors
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9. LIMITATION OF LIABILITY
9.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NAILIFY SHALL NOT BE LIABLE FOR:
• Any indirect, incidental, special, or consequential damages
• Loss of profits, revenue, or data
• Business interruption
• Cost of substitute services
• Any damages arising from your use of the App
9.2 Maximum Liability
Our total liability for any claims arising from your use of the App shall not exceed the amount you paid to us in the 12 months preceding the claim, or $100, whichever is greater.
9.3 Exceptions
Some jurisdictions do not allow limitation of liability for certain damages. In such cases, our liability is limited to the maximum extent permitted by law.
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10. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Nailiy and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Content you upload to the App
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11. TERMINATION
11.1 Your Right to Terminate
You may stop using the App at any time by:
• Deleting the App from your device
• Deleting your account through App settings
• Contacting us to request account deletion
11.2 Our Right to Terminate
We may suspend or terminate your access to the App if:
• You violate these Terms
• You engage in fraudulent activity
• You abuse the credit system
• Required by law or legal process
• We discontinue the service
11.3 Effect of Termination
Upon termination:
• Your right to use the App ceases immediately
• Unused credits are forfeited and non-refundable
• Provisions that should survive will remain in effect
• We may delete your account data
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12. DISPUTE RESOLUTION
12.1 Informal Resolution
Before filing any legal claim, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.
12.2 Governing Law
These Terms are governed by the laws of Turkey, without regard to conflict of law principles.
12.3 Jurisdiction
Any disputes shall be resolved in the courts of Istanbul, Turkey, unless otherwise required by local consumer protection laws.
12.4 Class Action Waiver
To the extent permitted by law, you agree to resolve disputes individually and waive any right to participate in class actions.
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13. CHANGES TO TERMS
13.1 Modifications
We reserve the right to modify these Terms at any time. Changes will be effective when posted in the App.
13.2 Notification
We will notify you of material changes by:
• Posting a notice in the App
• Updating the "Last Updated" date
• Sending an in-app notification for significant changes
13.3 Continued Use
Your continued use of the App after changes constitutes acceptance of the modified Terms. If you do not agree to changes, stop using the App.
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14. GENERAL PROVISIONS
14.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nailiy regarding the App.
14.2 Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
14.3 No Waiver
Our failure to enforce any provision does not constitute a waiver of that provision.
14.4 Assignment
You may not assign your rights under these Terms. We may assign our rights without restriction.
14.5 Force Majeure
We are not liable for failures due to circumstances beyond our reasonable control, including natural disasters, war, or internet outages.
14.6 Language
These Terms may be translated for convenience. In case of conflict, the English version prevails.
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15. APPLE-SPECIFIC TERMS
15.1 Acknowledgment
You acknowledge that these Terms are between you and Nailiy only, not Apple, and Apple is not responsible for the App or its content.
15.2 Scope of License
The license granted to you is limited to a non-transferable license to use the App on Apple-branded products you own or control.
15.3 Maintenance and Support
Nailiy is solely responsible for providing maintenance and support services for the App.
15.4 Warranty
Apple has no warranty obligation for the App.
15.5 Product Claims
Nailiy, not Apple, is responsible for addressing any claims relating to the App.
15.6 Intellectual Property Claims
Nailiy is responsible for investigation, defense, and settlement of any intellectual property infringement claims.
15.7 Legal Compliance
You represent that you are not located in a country subject to U.S. embargo or designated as a "terrorist supporting" country.
15.8 Third-Party Beneficiary
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
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16. CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact us:
Email: support@nailify.app
Subject Line: Terms of Service Inquiry
For legal inquiries:
Email: legal@nailify.app
Response Time: We aim to respond within 5 business days.
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17. ACKNOWLEDGMENT
BY USING NAILIFY, YOU ACKNOWLEDGE THAT:
• You have read and understood these Terms of Service
• You agree to be bound by these Terms
• You are of legal age to enter into this agreement
• You have read and agree to our Privacy Policy
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These Terms of Service are effective as of November 27, 2024.
Copyright 2024 Nailiy. All rights reserved.