Our Apps have been developed for entertainment purposes. Several of them feature image and/or video creation tools powered by Artificial Intelligence models and technologies. Apps and tools are collectively referred to as "Services". These Services enable you to generate images/videos using text prompts or photos you upload. For a comprehensive list of features, please visit the specific App's page on the App Store or Google Play Store.
The Services are exclusively designed for personal, non-commercial use and should only be utilized for the purposes specified above.
Please review our Privacy Policy for details on how we manage your personal information. By engaging with our services, you consent to the collection, usage, and disclosure of your information as outlined in that policy and in these Terms of Use.
Our objective is to deliver quality Services to all our customers. While our Services possess adequate capacity to support typical personal usage, if your usage becomes excessive compared to average levels, we may need to limit your bandwidth or suspend your account. You also cannot employ our Services for activities that could harm our service, company, or other individuals. Refer to our detailed acceptable use policy for additional information. We reserve the right to decline Services if we believe it serves the best interests of our customers.
This Agreement may be modified by us at any time for any reason. You are responsible for periodically reviewing this Agreement to stay informed of any updates. Your continued engagement with the Services following the posting of a revised Agreement will constitute your acknowledgment and acceptance of the modifications.
To download, install, access, or utilize the Services, you must have reached the age of majority or legal age as established by your jurisdiction of residence. This is generally 18 years of age or older. Individuals under 18 who are considered minors in their jurisdiction must obtain permission and direct supervision from their parent or guardian before using the Services. If you are between 13 and 17 years old and wish to use, download, install, or access the Services, you must first secure consent from your parent or guardian by confirming they have reviewed and accepted the terms of this Agreement. Furthermore, you must possess the legal capacity to enter into a binding agreement with us and not be prohibited from doing so under any applicable laws. Individuals under 13 years of age are strictly prohibited from downloading, installing, accessing, or utilizing the Application.
By using our app and making in-app purchases, you authorize our sharing of information regarding your usage and consumption of purchased content with the respective platform provider (Apple for iOS users, Google for Android users) as part of our refund request resolution process. This information may include specifics about how you have accessed and engaged with the purchased content. The purpose of sharing this information is to assist the platform provider in making informed decisions regarding refund requests. We ensure such data sharing complies with the respective platform's policies (Apple's policies for iOS, Google Play's policies for Android) and occurs only as necessary to process your requests.
Regulations Concerning User-Generated Content. User-Generated Content encompasses all elements related to the image generation capabilities of the Services, including images generated from user-provided text and photo prompts (collectively referred to as "Prompts"), as well as original photos uploaded by users for avatar and video avatar creation, and generated avatars and video avatars (collectively referred to as "Avatars"). You are responsible for ensuring compliance with all applicable laws in connection with the use of user-generated content.
The Services enable the creation of new, original User-Generated Content based on the Prompts, photos, and parameters you specify. It is essential to understand that your use of the Services signifies your explicit acknowledgment and agreement that any user-generated content related to the image generation feature, resulting from your Prompts, shall be dedicated to and released into the public domain pursuant to the terms of the CC0 1.0 Universal Public Domain Dedication.
The dedication of User-Generated Content related to the image generation feature arising from user Prompts to the public domain under the CC0 1.0 Universal Public Domain Dedication includes, among other things, the following: You grant us, our successors, affiliates, agents, assigns, or anyone authorized to act on our behalf, a non-exclusive, royalty-free, irrevocable, worldwide, perpetual, assignable, sublicensable, and cost-free license to use, copy, reproduce, display, adapt, modify, create derivative works, incorporate into other works, distribute, or commercially exploit such User-Generated Content for any purpose and through any media or distribution channels, including displaying such content to other Application users.
You are required to familiarize yourself with the legal provisions of the CC0 1.0 Universal Public Domain Dedication to fully understand the legal implications of dedicating your User-Generated Content related to the image generation feature arising from your Prompts to the public domain.
If you wish to experiment with the Avatars feature and utilize AI technology to generate Avatars based on photos you upload, you may do so. Please note that provided you comply with the terms of this agreement, you will retain ownership rights to both the Avatars training set (original photos you upload for Avatars generation) and the Avatars created using the Services (collectively, User-Generated Content related to the Avatars).
However, to facilitate the creation of Avatars through the Services, you agree to grant us, as well as our successors, affiliates, agents, assigns, or anyone authorized to act on our behalf, a revocable, non-exclusive, worldwide, temporary, royalty-free, sublicensable, transferable license and rights to reproduce, display, adapt, process, use, modify, create derivative works, and transfer, share, or sublicense User-Generated Content related to the Avatars to third-party service providers solely for the limited purposes of providing you with the Avatars feature, specifically the training of the AI that creates AI avatars via the Services to enable effective implementation of the Avatars feature for you.
Please understand that you acknowledge and agree to provide the aforementioned license and rights with respect to the User-Generated Content related to the avatar feature without any payment required from you or any third party. You also agree not to pursue or demand any charges or fees from us, our successors, affiliates, agents, assigns, or anyone authorized to act on our behalf regarding copyright to the User-Generated Content related to the Avatars.
Please note that we only utilize your User-Generated Content related to the Avatars in accordance with the terms of this agreement and our Privacy Policy. We do not use your User-Generated Content related to the Avatars for any purpose not expressly stated herein.
As stated above, the license and rights you granted to us regarding the User-Generated Content related to the Avatars are temporary. This means we store and process your User-Generated Content related to the Avatars for strictly defined limited time periods. To learn more about applicable storage policies, please review our Privacy Policy.
Our Applications may utilize OpenAI API available at https://beta.openai.com/docs/api-reference. You may obtain a copy of API TERMS & POLICIES at https://openai.com/api/policies/service-terms/. Due to our use of OpenAI API for processing and creating AI-generated User-Generated Content, you hereby agree to be bound by and comply with the terms of OpenAI Sharing & Publication Policy regarding any sharing and/or publication of User-Generated Content. For purposes of this Agreement, the term "User-Generated Content" includes both the text you enter into the message field and send to the App, as well as any text or other content generated by AI via the Applications.
You may not use the Services in any manner that could damage, disable, overburden, or impair Etera's systems or networks, or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any computer systems or networks associated with the Services. You may only use the Services for your personal, non-commercial purposes, and not in any way to provide, or as part of, any commercial Services or application. You may not transfer your rights hereunder or your account access to any other person. You may not use the Service: (a) in a manner that violates any law or regulation; (b) in a manner that infringes or violates any privacy, intellectual property, confidentiality, contractual, or other rights; (c) to transmit information that is defamatory, offensive, misleading, false, harmful to minors, or obscene; (d) to gain unauthorized access to any service, account, computer system, or network; (e) to transmit any viruses or programming routines intended to damage, surreptitiously intercept, or expropriate any system, data, or personal information; (f) in contravention of any acceptable use or other information technology policy that may apply to your use of any computer system or network; (g) to send unsolicited email communications; or (h) in any other manner that Etera deems in its sole discretion to be inappropriate.
By accepting these terms, you agree not to use our apps/models for the following:
Illegal activity.
Child Sexual Abuse Material or any content that exploits or harms children.
Generation of hateful, harassing, or violent content. Content that expresses, incites, or promotes hate based on identity. Content that intends to harass, threaten, or bully an individual. Content that promotes or glorifies violence or celebrates the suffering or humiliation of others.
Generation of malware. Content that attempts to generate code designed to disrupt, damage, or gain unauthorized access to a computer system.
Activity with high risk of physical harm, including: Weapons development, Military and warfare, Management or operation of critical infrastructure in energy, transportation, and water, Content that promotes, encourages, or depicts acts of self-harm, such as suicide, cutting, and eating disorders.
Activity with high risk of economic harm, including: Multi-level marketing, Gambling, Payday lending, Automated determinations of eligibility for credit, employment, educational institutions, or public assistance services.
Fraudulent or deceptive activity, including: Scams, Coordinated inauthentic behavior, Plagiarism, Academic dishonesty, Astroturfing, such as fake grassroots support or fake review generation, Disinformation, Spam, Pseudo-pharmaceuticals.
Adult content, adult industries, and dating apps, including: Content meant to arouse sexual excitement, such as descriptions of sexual activity, or that promotes sexual services (excluding sex education and wellness), Erotic chat, Pornography.
Political campaigning or lobbying, by: Generating high volumes of campaign materials, Generating campaign materials personalized to or targeted at specific demographics, Building conversational or interactive systems such as chatbots that provide information about campaigns or engage in political advocacy or lobbying, Building products for political campaigning or lobbying purposes.
Activity that violates people's privacy, including: Tracking or monitoring an individual without their consent, Facial recognition of private individuals, Classifying individuals based on protected characteristics, Using biometrics for identification or assessment, Unlawful collection or disclosure of personal identifiable information or educational, financial, or other protected records.
Engaging in the unauthorized practice of law, or offering tailored legal advice without a qualified person reviewing the information.
Offering tailored financial advice without a qualified person reviewing the information.
Telling someone that they have or do not have a certain health condition, or providing instructions on how to cure or treat a health condition.
Notwithstanding anything to the contrary contained herein or elsewhere in any document relating to the Service, Etera shall not be liable for any disruption in the Services caused by factors outside of Etera's control, including but not limited to, any problems with your computing or network infrastructure, hardware or product, problems with your internet service provider or any sites you are attempting to access through the Service, or any electrical or other utility outage.
Etera grants you a limited, nonexclusive, personal, non-transferable, object-code license to use any software provided to you in connection with the Services (referred to herein as the "Software") for internal and personal purposes only. For Software installed on a device (such as a mobile phone, tablet, or personal computer, including iOS and Android devices), you may only use and install such Software on devices specifically authorized in connection with the Services and the Services plan you are enrolled in. Etera reserves all rights not expressly granted to you hereunder. The Software is protected by copyright and other intellectual property laws and treaties. You agree that Etera and/or its licensors exclusively own all title, copyright, and other intellectual property rights in and to the Software. YOU MAY NOT (AND MAY NOT ALLOW A THIRD PARTY TO) RENT, LEASE, SUBLICENSE, SELL, ASSIGN, LOAN, USE FOR TIMESHARING OR SERVICE BUREAU PURPOSES, OR OTHERWISE TRANSFER THE SOFTWARE OR ANY OF YOUR RIGHTS AND OBLIGATIONS UNDER THIS LICENSE. You may not (and may not allow a third party to): (a) reverse engineer, decompile, disassemble, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (b) remove or destroy any copyright notices or other proprietary markings; (c) attempt to circumvent any use restrictions; (d) modify or adapt the Software, merge the Software into another program, or create derivative works based on the Software; or (e) use, copy, or distribute the Software.
You agree that Etera may suspend or terminate your use of the Services in the event of any breach or violation of these Terms of Use. Etera may also terminate your use of the Services if we determine in our sole and absolute discretion to cease offering the Services. You agree that any such suspension or termination in accordance with this paragraph may be performed without prior notice, and you agree that Etera will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.
Service Plan Fees. Etera offers different service plans and one-time purchases that may depend on the particular Etera product and the amount of bandwidth you require. You acknowledge and agree that the details of the service plan you initially enrolled in were disclosed to you at the time of purchase or activation, as applicable. If you subscribed to a plan with recurring fees and those fees are not paid when due, Etera reserves the right to terminate, limit, or suspend your access to the Services at its discretion. Etera may also change the fees associated with any service plan or introduce fees for any free service plan. If you do not wish to pay the new fee, you may terminate your use of the Services.
DISCLAIMER. THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. ETERA DOES NOT PROVIDE ANY WARRANTY OR GUARANTEE AS TO THE SECURITY OF THE SERVICES. THE SERVICES WILL NOT PROTECT YOU FROM KEY LOGGING, REMOTE SCREEN VIEWING, OR OTHER VISUAL ATTEMPTS TO MONITOR YOUR INTERNET USAGE. ETERA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY. IN NO EVENT SHALL ETERA, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS, OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES SUFFERED IN ANY CONNECTION WITH YOUR USE OF THE SERVICES HOWSOEVER CAUSED AND REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE OR ANY OF THE FOREGOING PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL LIABILITY OF ETERA, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS, AND OTHER REPRESENTATIVES, TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES (HOWSOEVER CAUSED AND REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE OR ANY OF THE FOREGOING PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
Entire Agreement and Severability. These Terms of Use constitute the entire agreement between you and Etera relating to the Services and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the subject matter hereof. To the extent the terms of any Etera policies or programs conflict with these Terms of Use, these Terms of Use shall control. If any provision of these Terms of Use is held to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect.
Assignment. Etera may assign or transfer its rights and obligations under these Terms of Use to any person for any reason and without any notice to you. A purchaser of our business or assets may use and disclose your personal information for the purposes described in this policy. If Etera becomes involved in a transaction where our assets or business is purchased, we will ensure the confidentiality of any personal information involved in such transaction.
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