Terms of Service

1. Agreement to Terms

Welcome to Aipenly. These Terms of Service ("Terms") govern your access to and use of the Aipenly website, mobile application, and services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

Please read these Terms carefully, as they include important information about your legal rights, remedies, and obligations. By using the Service, you acknowledge and agree that you have read, understood, and agree to be bound by these Terms.

2. Service Description

Aipenly provides AI-powered creative tools that allow users to generate and manipulate images, text, and other content using artificial intelligence technology. Our Service includes various features such as image generation, face swapping, background removal, AI chat, and other creative tools as described on our website.

3. Eligibility

You must be at least 13 years old (or the minimum age required in your country) to use our Service. By using the Service, you represent and warrant that you meet these requirements and that you have the right, authority, and capacity to enter into these Terms.

If you are using the Service on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" will refer to that entity.

4. User Accounts

To access certain features of the Service, you may need to create an account. When you create an account, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

We reserve the right to disable your account at any time, including if we believe that you have violated these Terms.

5. User Content and Conduct

Our Service allows you to create, upload, and share content. You are solely responsible for any content you create, upload, or share through the Service ("User Content"). By using our Service, you agree not to:

• Create, upload, or share content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or otherwise objectionable
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party
• Use the Service to create deepfakes or other manipulated media with the intent to deceive or harm others
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
• Use the Service for any illegal or unauthorized purpose
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service
• Use any robot, spider, or other automated device to access the Service
• Violate any applicable local, state, national, or international law

We reserve the right, but not the obligation, to monitor and review User Content. We may remove any User Content that violates these Terms or that we find objectionable for any reason, without notice.

6. User Content License

Your content belongs to you. Aipenly does not claim any ownership rights in any User Content that you create, upload, or share through the Service. You retain all of your rights to any User Content you submit, post, or display on or through the Service.

Aipenly will not use your User Content in any form for any purpose, including but not limited to training AI models, marketing, or redistribution. Your content remains private to you, and we do not access, analyze, or utilize it beyond what is necessary to provide the Service to you.

You represent and warrant that you own or have the necessary rights to your User Content, and that your User Content does not violate any third party's rights, including intellectual property rights and privacy rights.

7. AI-Generated Content

When you use our Service to generate content using our AI tools, you understand and acknowledge the following:

• Ownership: You own the output you create using our AI tools, subject to the terms of any applicable license for input content, our intellectual property rights in our models, and provided that you comply with these Terms.
• No Guarantees: We do not guarantee that AI-generated content will be unique, original, or free from third-party claims. The AI models are trained on publicly available data and may produce content that resembles existing works.
• Limitations: You are responsible for reviewing and editing AI-generated content before using it for any purpose. Our AI tools may produce inaccurate, offensive, or inappropriate content despite our safeguards.
• Privacy: Aipenly does not retain, store, or use your AI-generated content for any purpose beyond providing the immediate service to you. Your generated content remains private to you.

You agree to use AI-generated content responsibly and in compliance with all applicable laws and regulations.

8. Intellectual Property Rights

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Aipenly and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Aipenly.

9. Subscription and Payments

Some features of the Service require payment of fees. You agree to pay all fees and charges associated with your account on a timely basis and in accordance with the pricing and payment terms presented to you for such fees. You agree to maintain accurate and current billing information.

All fees are exclusive of taxes, which we may charge you as applicable. You are responsible for paying all taxes associated with your use of the Service.

Subscriptions automatically renew until canceled. You may cancel your subscription at any time, and you will continue to have access to the Service through the end of your billing period. We do not provide refunds for unused subscription periods.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

AIPENLY DOES NOT WARRANT THAT: (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AIPENLY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES 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: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; AND (D) 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.

IN SOME JURISDICTIONS, THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

12. Indemnification

You agree to defend, indemnify, and hold harmless Aipenly, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (d) any claim that your User Content caused damage to a third party.

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will 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 any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

16. Contact Us

If you have any questions about these Terms, please contact us at:

Email: [email protected]