Effective Date: [02/09/2024]
General Provisions
Welcome to DS PRO, a comprehensive service provided by our company ("DS PRO," "we," "us," or "our"). DS PRO offers a range of AI-powered virtual hairstyle and clothing transformation features designed to enhance your digital experience. By accessing or using our services, you agree to comply with and be bound by the following detailed Terms of Service ("Terms"). These Terms are crucial as they govern your use of DS PRO's mobile applications and web services (collectively referred to as the "Service"). Please read these Terms carefully to understand your rights and obligations when using our Service.
Description of Service
1. Scope of Service
1.1 DS PRO provides cutting-edge, AI-driven features for virtual hairstyle and clothing changes, allowing users to experiment with and try on different looks in a virtual setting.
1.2 The Service may also include additional functionalities such as advanced photo and video editing tools, generative AI capabilities, and an interactive online community for sharing and discovering new styles.
1.3 The Service is provided on an "AS-IS" and "AS AVAILABLE" basis, with all inherent faults and without any warranty of any kind, whether express or implied.
2. Modification of Service
2.1 We reserve the right to modify the Service from time to time as we continually expand and improve our offerings. These Terms will govern any updates, enhancements, or new features added to the Service.
2.2 Your continued use of the Service following any such modifications indicates your acceptance of the revised terms and conditions.
Account Registration and Eligibility
3. Account Creation
3.1 You have the option to use the Service with or without creating an account. However, certain advanced features and functionalities may require you to register for an account.
3.2 When creating an account, you must provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4. Eligibility
4.1 The Service is intended for users who are at least [18 years old]. If you are under the age of 13, you may use the Service only with the explicit consent of a parent or legal guardian.
4.2 You must be of legal age in your country to create an account and use the Service. Compliance with local laws is your responsibility.
5. Account Security
5.1 You are responsible for safeguarding your account credentials, including your username and password. You are liable for all activities that occur under your account, whether or not you authorized them.
5.2 Notify us immediately if you suspect any unauthorized use of your account or any other breach of security.
6. Account Suspension/Termination
6.1 We reserve the right to suspend or terminate your account at our sole discretion if you provide false information, violate these Terms, or engage in any fraudulent or harmful activities.
User Content
7. Types of Content
7.1 "User Content" encompasses any text, data, graphics, images, photos, audio, video, and other content that you upload, share, or transmit through the Service.
7.2 "DS PRO Content" refers to content created or provided by DS PRO, excluding User Content. This may include templates, AI-generated assets, and proprietary tools.
8. Content License
8.1 By uploading User Content, you grant us a worldwide, royalty-free, non-exclusive, perpetual license to use, distribute, reproduce, modify, adapt, publicly display, and perform your content for any purpose, including but not limited to marketing and promotional activities.
8.2 You agree to adhere to all relevant laws and regulations while accessing and using the App, including the laws of your own country or region if you reside outside the Hong Kong Special Administrative Region (HKSAR).
9. Content Restrictions
9.1 You may not upload content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable. This includes content that promotes violence, discrimination, or any form of illegal activities.
9.2 You are responsible for ensuring that your content does not infringe on any third-party rights, including intellectual property rights, privacy rights, and any other proprietary rights.
10. Content Removal
10.1 We reserve the right to remove any content that violates these Terms or is deemed inappropriate, harmful, or otherwise objectionable at our sole discretion.
User Obligations
11. Lawful Use
11.1 You agree to use the Service solely for lawful purposes and in accordance with these Terms. You must not use the Service in any way that could damage, disable, overburden, or impair our servers or networks.
11.2 Prohibited activities include, but are not limited to:
- Circumventing or attempting to circumvent any security features or measures implemented by the Service
- Uploading unsolicited advertising, promotional materials, or any form of spam
- Engaging in fraudulent schemes, scams, or deceptive practices
- Uploading or transmitting harmful, malicious, or destructive files or content
12. Compliance
12.1 You must comply with all applicable laws, regulations, and guidelines when using the Service. This includes but is not limited to data protection laws, intellectual property laws, and consumer protection laws.
Purchase and Payment
13. Paid Features
13.1 Certain advanced features and functionalities of the Service may require payment. These features will be clearly marked, and you will be informed of any charges before you incur them. Payment terms and conditions will be provided at the point of purchase.
14. Subscription Plans
14.1 We offer various subscription plans, including monthly, yearly, and auto-renewing subscriptions. Detailed information about subscription plans, including pricing and benefits, will be provided on our website or within the app.
14.2 Subscription fees are non-refundable, and you are responsible for canceling your subscription before it renews if you do not wish to continue using the paid features.
Refund Policy
15. Refund Eligibility
15.1 Refunds are generally not available for subscription fees. However, exceptions may be made at our sole discretion based on individual circumstances, such as technical issues or billing errors.
16. Requesting a Refund
16.1 To request a refund, contact our customer support team with your transaction details, reason for the request, and any supporting documentation. Our team will review your request and respond within a reasonable timeframe.
Termination and Cancellation
17. Termination by DS PRO
17.1 We may terminate or suspend your access to the Service at any time, with or without cause, and without prior notice. Reasons for termination may include, but are not limited to, violations of these Terms, fraudulent activities, or misuse of the Service.
17.2 Upon termination, your right to use the Service will immediately cease, and any data associated with your account may be deleted.
18. Termination by User
18.1 You may terminate your account at any time by following the instructions provided within the Service. Termination will be effective immediately, and you will no longer have access to the Service.
Intellectual Property
19. Ownership
19.1 All rights, title, and interest in the Service, including all intellectual property rights, are owned by DS PRO or its licensors. This includes but is not limited to software, design, logos, trademarks, and proprietary algorithms.
20. License to Use
20.1 We grant you a limited, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes. This license is subject to your compliance with these Terms and does not include the right to sublicense, distribute, or modify the Service.
Disclaimer of Warranties
21. No Warranties
21.1 The Service is provided "AS IS" and "AS AVAILABLE," without any warranties of any kind, either express or implied. This includes but is not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of the course of dealing or usage of trade.
Limitation of Liability
22. Limitation
22.1 To the fullest extent permitted by law, DS PRO shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to 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.
Indemnification
23. Indemnity
23.1 You agree to indemnify, defend, and hold DS PRO harmless from any claims, losses, liabilities, damages, costs, or expenses, including reasonable attorneys' fees, arising from or related to your use of the Service, your violation of these Terms, or your infringement of any third-party rights.
Miscellaneous
24. Governing Law
24.1 These Terms are governed by the laws of [Your Country/State], without regard to its conflict of law principles. This means that any legal issues or disputes arising from these Terms will be resolved based on the laws applicable in that jurisdiction.
25. Dispute Resolution
25.1 These Terms of Service (TOS) shall be governed by and interpreted in accordance with the internal laws of the Hong Kong Special Administrative Region (HKSAR), without regard to its conflict of law provisions, irrespective of your location.
25.2 Any disputes arising from or related to these TOS, including questions concerning their existence, validity, or termination, shall be referred to and ultimately resolved by the courts of HKSAR. The parties explicitly reject the application of the Convention on Contracts for the International Sale of Goods.
26. Changes to Terms
26.1 We reserve the right to modify these Terms at any time. Any changes will be posted on our website or within the app, and your continued use of the Service constitutes acceptance of the modified Terms. It is your responsibility to review the Terms periodically for any updates or changes.
27. Contact Information
27.1 If you have any questions, concerns, or feedback about these Terms or the Service, please contact us at joed85898@gmail.com. Our customer support team is available to assist you and address any issues you may have.
Acknowledgment
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Your use of the Service signifies your acceptance of these Terms and your agreement to comply with all applicable laws and regulations.