Last Updated: Sept 6, 2023


Please read these Terms of Use ("Terms") carefully before using the Luna AI: Avatar Photo Generator mobile application (the "Service").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.


1. Description of Services and Fees  

Luna AI: Avatar Photo Generator is an Artificial Intelligence based text to image application-based service that provides users with where users can create their own Artwork.

  

Different fees may be determined and arranged for different countries while purchasing. The user will be notified about the fee before the purchase.  However,  if users change their settings in  Apple accounts and select a different country,  the notified fees may vary.  Fees notified to the user are arranged according to the country which they have selected in the account settings. As long as you do not cancel, your service automatically renews at the end of each service period and proceeds for the length of the previous service period.    


We wish you to be completely satisfied with our services. Malfunctions may be encountered from time to time. We are working on solving the problems that our users encountered by making maintenance and by other actions taken by us to provide you an issueless use of our services.   


To use the  Luna AI: Avatar Photo Generator service,  you must have Internet access and a device that supports  Luna AI: Avatar Photo Generator.  “Payment  Method” means an existing,  valid,  recognized payment method, which you may update from time to time and which may include payment through your account through a third party. Unless you cancel your membership through third-party payment companies before the billing date, you authorize these companies to collect the membership fee of the next billing period through the  Payment Method you have chosen. 


We may offer several different membership plans, including special promotional plans or memberships offered by third parties in conjunction with their products or services.  Some membership plans may have different terms and limitations that will be disclosed at the time you sign up for the service or in other communications made available to you. 


The requests for refunding (returning money) are dealt with by Application, not by Apple Inc. Be aware that no refunds may be made for deleted accounts if they have violated our Terms of Service. Intellectual  Property  Rights  means  all  vested,  future  and  contingent  rights  to  patents,  petty  patents, inventions, copyright and related rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill, unfair competition rights, design rights, rights in design, topography rights, rights in computer  software,  mask  works,  database  rights,  rights  in  Confidential  Information  (including  know-how and trade secrets), the right to sue for damages and other remedies for any infringement of any of the rights listed in this clause and any other intellectual property rights which is the moral rights and economics  rights  of  "Adaptation,  Reproduction,  Distribution,  Performance,  Signaling, Audio  and  /  or Image Transmission to Vehicles with the Use of Public" defined in articles 21-25 in the Law No. 5846 in Turkey and foreign country which are issued by Application, its successors and assigns, arising from the  development  of  the  artwork,  and  the  engineering  provided  in  relation  to  the  development  of  the artwork, in each case whether registered or unregistered and including renewals or extensions of such rights, and all similar or equivalent rights or forms of protection which subsist, or will subsist, now or in the future, in any part of the world. Artwork means that any intellectual or artistic product bearing the characteristic of its creator,  which is deemed a scientific or musical work or work of fine arts or cinematographic work. 


To the extent that ownership of Intellectual Property Rights in any Artwork does not automatically vest in you, we grant you a non-exclusive,  perpetual,  irrevocable,  worldwide,  sublicensable,  royalty-free and transferable right and licence to use the Artwork for the purposes reasonably contemplated by these Terms and for you to derive the benefits from the Luna AI: Avatar Photo Generator.


Due to the evolving and developing nature of the law around AI created works, we do not guarantee and do not represent that you will be able to claim copyright ownership of your  Artwork in any jurisdiction or the jurisdiction in which you reside, noting each jurisdiction will have different laws and regulations.  In using our  Site, you agree that we are not responsible for and have no liability with regard to any failure on your part to legally register copyright for your Artwork in any jurisdiction.


1. License Grant

Subject to your compliance with these Terms, we grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Service on your personal device(s) solely for your personal, non-commercial use.

2. Intellectual Property

All rights, titles, and interests in and to the Service (excluding content provided by users) are and will remain the exclusive property of Luna AI: Avatar Photo Generator and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. You may not use our trademarks, logos, service marks, or any other intellectual property without our prior written consent.

3. Eligibility

You must be at least 13 years of age to access or use our Services. If you are under 18 years of age (or  the  age  of  legal  majority  where  you  live),  you  may  only  access  or  use  our  Services  under  the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or  legal  guardian  of  a  user  under  the  age  of  18  (or  the  age  of  legal  majority),  you  agree  to be fully

responsible  for  the  acts  or  omissions  of  such  user  in  connection  with  our  Services.  If  you  are accessing  or  using  our  Services  on  behalf  of  another  person  or  entity,  you  represent  that  you  are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

4. Privacy

Your privacy is important to us. Please review our Privacy Policy, which describes our practices regarding the collection, use, and disclosure of your personal information. It's important to note that we only use your uploaded photos to train AI avatar model, once the model is ready, photos uploaded will be deleted and will not be used anywhere else. Neither do we keep copies of any artworks or images generated by users. 

5. App Usage Restrictions

You agree not to:

6. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

7. Limitation of Liability

In no event shall Luna AI: Avatar Photo Generator, its affiliates, employees, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

8. Indemnification

You agree to defend, indemnify, and hold harmless Luna AI: Avatar Photo Generator its licensors, and their respective employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Service, or from your violation of these Terms.

9. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

12. Contact Us

If you have any questions about these Terms, please contact us at LunaAvatarAI@gmail.com.