Termini di servizio

Last updated: Apr 12, 2023

Please read these Terms of Service carefully before using Our Service.

Acknowledgment

These are the Terms of Service governing the use of this Service and the agreement that operates between You and ainude.ai. These TOS set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these TOS. These TOS 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 TOS. If You disagree with any part of these TOS then You may not access the Service.

You represent that you are over the age of 18. ainude.ai does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of ainude.ai. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Subscriptions

1. Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed monthly or annually in advance based on the type of Subscription you have selected.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or ainude.ai cancels it.

2. Subscription cancellations

You may cancel Your Subscription renewal either through the Patreon settings page or by contacting ainude.ai. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

3. Rate Limits

ainude.ai reserves the right to implement rate limits for users of the Service, both Pro and Free, in order to maintain the functionality and performance of the site. These rate limits may include restrictions on the frequency and volume of requests made to the Service and may be adjusted from time to time at the sole discretion of ainude.ai. Users agree to abide by any rate limits imposed and acknowledge that exceeding such limits may result in temporary or permanent suspension of their access to the Service.

4. Billing

You shall provide ainude.ai with accurate and complete Patreon account information. You shall promptly update your Patreon account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

5. Fee Changes

ainude.ai, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

ainude.ai will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

6. Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of ainude.ai.

Restrictions of Conduct

  1. The Image Generation Service is intended for personal use only and may not be used for commercial purposes without the express written consent of ainude.ai.
  2. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Image Generation Service or any part thereof.
  3. You will not decipher, decompile, disassemble, or reverse-engineer, or otherwise attempt to discover the source code or structure of, the software or materials comprising ainude.ai (except where the foregoing is permitted by applicable local law notwithstanding such restrictions, and then only to the extent that such intended activities are disclosed in advance in writing to us).
  4. You will not interfere with or circumvent any security feature of ainude.ai or any feature that restricts or enforces limitations on the use of ainude.ai.
  5. You will not use ainude.ai to gain unauthorized access to our or any third party"s data, systems or networks.
  6. You will not use ainude.ai in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt our systems and networks, or otherwise interfere with other users" use of ainude.ai.
  7. You will not use ainude.ai in any way that, in our sole discretion, may expose us and others to liability or damages.
  8. You will not remove, change or obscure any copyright, trademark notice, trademark, hyperlink or other proprietary rights notices contained in ainude.ai. and
  9. You will comply with all applicable laws in your access and use of ainude.ai, including the laws of your country or district if you live outside of the Canada Special Administrative Region (HKSAR).
  10. You may not redistribute the Image Generation Service or make it available to others in any way, unless specifically authorized by ainude.ai in writing.
  11. Any unauthorized commercial use, reproduction, distribution, public performance, or public display of the Image Generation Service may result in the termination of your right to use the Image Generation Service and may also infringe upon the rights of ainude.ai and/or third parties.
  12. We reserves the right, but is not obligated, to reject and/or remove any user content that we believe, in our sole discretion, violates these provisions. If you have noticed any violation of these TOS from your prospective, content of any nature whatsoever, please contact ainude.ai.
  13. Unless otherwise agreed, any pictures, texts and other contents published/shared by others that you watch, share, save, use and forward in this APP shall not be used for commercial purposes, and shall not be forwarded if the right holder declares that it shall not be forwarded.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide ainude.ai. If for any reason such assignment is ineffective, You agree to grant ainude.ai a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Third Party Websites and Services

Our Service may contain links to third-party web sites or services that are not owned or controlled by ainude.ai.

ainude.ai has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ainude.ai shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the TOS and privacy policies of any third-party web sites or services that You visit.

Termination; Assignment

This TOS will continue in effect until terminated by either you or us. We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these TOS.

Upon termination, Your right to use the Service will cease immediately.

We reserve and retain the rights to assign, transfer or subcontract the Services to any third parties. Notice will be posted on ainude.ai and your continuing use or update of the APP means your consent to such assignment.

Liability

THE APP IS PROVIDED TO YOU ON AN 'AS-IS' AND 'AS AVAILABLE' BASIS AND THE USE THEREOF IS AT YOUR SOLE RISK. WE MAKE NO, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NONINFRINGEMENT, AND TITLE WITH RESPECT TO THE APP, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

WE DO NOT WARRANT THAT:

  1. THE APP (OR THE RESULTS OBTAINED FROM THE USE THEREOF) WILL BE TIMELY, ERROR-FREE, SECURE OR UNINTERRUPTED;
  2. THE APP MEET YOUR REQUIREMENTS; OR
  3. THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON OUR WEBSITE, OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY RESOURCES LINKED TO OUR WEBSITE.
  4. ANY ERRORS OR MALFUNCTIONS IN THE APP WILL BE CORRECTED.

WE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHER THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, COST OF SUBSTITUTE PROCUREMENT, ARISING IN WHOLE OR IN PART FROM YOUR USE OF (OR INABILITY TO USE) THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ANY CAUSES BEYOND ITS REASONABLE CONTROL.

Governing Law; Disputes Resolution

The laws of the Country, excluding its conflicts of law rules, shall govern this TOS and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting ainude.ai.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a 'Commercial Item' as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a 'terrorist supporting' country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

If any provision of these TOS is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these TOS shall not effect a party"s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These TOS may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms of Service

We reserve the right to update or make changes to this TOS from time to time in our sole discretion, at Our sole discretion, which changes will become effective immediately. Please return to this TOS periodically to ensure familiarity with the latest version of this TOS, so that you can determine when this TOS was last revised by referring to the “Date of Revision” at the top of this TOS.

We reserve the right to change the Services scope listed herein and change charging standard applicable to the Services at any time for any reason in our sole discretion and without notice. We are entitled to stop or restrict provision of the Services in full or in part toward a certain user. We retain powers to discontinue provision and/or support of the Services without any prior notice.

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, in whole or in part, please stop using the website and the Service.

Miscellaneous

If any provision of this TOS is found to be unlawful, void or for any reason unenforceable, that provision will not affect the validity and enforceability of any remaining provision and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties.

This TOS, together with the Privacy Policy and other published policies, constitute the entire agreement between us and you pertaining to any and all access and use of the APP and supersede any and all prior or contemporaneous written or oral agreements between us and you pertaining thereto. No amendment or waiver by you of this TOS will be binding on us unless set forth in a writing expressly identifying this TOS and signed by you and us.

Any caption, heading or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

We will collect and process your information and technical data in accordance with the Privacy Policy.

We administer and operate the APP from its location in Canada. If you choose to access the APP from outside the Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Contact Us

If you have any questions about these TOS, You can contact us at email:[email protected]