Last updated and effective date: 4 February 2024

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY PHOTOAI.COM AND INTERIORAI.COM. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE PHOTO AI AND INTERIOR AI WEBSITE AND ALL RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, ANY FEATURES, CONTENT, WEBSITES (INCLUDING PHOTOAI.COM AND INTERIORAI.COM) OR APPLICATIONS OFFERED FROM TIME TO TIME BY PHOTO AI IN CONNECTION THEREWITH (COLLECTIVELY “SERVICE(S)”). BY USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

Acceptance of Terms of Use

The Service is offered subject to acceptance without modification of all of these Terms of Use and all other operating rules, policies and procedures that may be published from time to time in connection with the Services by Photo AI and Interior AI. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Photo AI and Interior AI from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

Photo AI and Interior AI may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Rules and Conduct

By using the Photo AI and Interior AI app, you agree that the Service is intended solely for the purpose of creating AI characters of yourself or other individuals for whom you have obtained explicit consent. You acknowledge and agree that when creating AI characters of other individuals, you must have their express permission to use their photos and to create, train, and generate AI-generated images of them.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action (including making use of the Site, any Assets or our models or derivatives of our models) that: would constitute a violation of any applicable law, rule or regulation; infringes upon any intellectual property or other right of any other person or entity; is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, furthering of self-harm or profane; creates Assets that exploits or abuses children; generates or disseminates verifiably false information with the purpose of harming others; impersonates or attempts to impersonate others; generates or disseminates personally identifying or identifiable information; creates Assets that implies or promotes support of a terrorist organization; creates Assets that condone or promote violence against people based on any protected legal category.

You agree to not use the Service for the purpose of generating nudes or pornography.

By using the Service and uploading any content, you expressly acknowledge and agree that you will not upload, post, generate or share any photographs or content depicting minors (individuals under the age of 18). You further agree that, in compliance with applicable laws and regulations, we reserve the right to monitor and review any uploaded any generated content, and if we identify any content featuring minors, we will immediately remove such content and report any instances of potential child exploitation, endangerment, or abuse to the appropriate law enforcement authorities in your respective jurisdiction. By using our platform, you consent to such monitoring, review, and reporting, and you understand that you may be subject to legal repercussions if you violate these terms.

Further, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Photo AI’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Photo AI and Interior AI may use to prevent or restrict access to the Service (or parts thereof); (iv) use any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods, other than as permitted through an allowable API; (v) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services that are not open (except to the extent such restrictions are contrary to applicable law); and (vi) reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without our express written permission.

DMCA and Takedowns Policy

Photo AI and Interior AI utilizes artificial intelligence systems to produce the Assets. Such Assets may be unintentionally similar to copyright protected material or trademarks held by others. We respect rights holders internationally and we ask our users to do the same. If you believe your copyright or trademark is being infringed by the Service, please write to [email protected] and we will process and investigate your request and take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement.

Modification of Terms of Use

At its sole discretion, Photo AI and Interior AI may modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Photo AI and Interior AI websites or Service or by sending you an email. Photo AI and Interior AI may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Trademarks and Patents

All Photo AI and Interior AI logos, marks and designations are trademarks or registered trademarks of Photo AI and Interior AI. All other trademarks mentioned in this website are the property of their respective owners. The trademarks and logos displayed on this website may not be used without the prior written consent of Photo AI and Interior AI or their respective owners. Portions, features and/or functionality of Photo AI’s products may be protected under Photo AI and Interior AI patent applications or patents.

Licensing Terms

Subject to your compliance with this Agreement, the conditions herein and any limitations applicable to Photo AI and Interior AI or by law: (i) you are granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, freely revocable license to access and use the Service for business or personal use; (ii) you own all Assets you create with the Services and (iii) we hereby assign to you all rights, title and interest in and to such Assets for your personal or commercial use. Otherwise, Photo AI and Interior AI reserves all rights not expressly granted under these Terms of Use. Each person must have a unique account and you are responsible for any activity conducted on your account. A breach or violation of any of our Terms of Use may result in an immediate termination of your right to use our Service.

By using the Services, you grant to Photo AI and Interior AI, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable copyright license to use, copy, reproduce, process, adapt, modify, publish, transmit, prepare Derivative Works of, publicly display, publicly perform, sublicense, and/or distribute text prompts and images you input into the Services, or Assets produced by the Service at your direction. This license authorizes Photo AI and Interior AI to make the Assets available generally and to use such Assets as needed to provide, maintain, promote and improve the Services, as well as to comply with applicable law and enforce our policies. You agree that this license is provided with no compensation paid to you by Photo AI and Interior AI for your submission or creation of Assets, as the use of the Services by you is hereby agreed as being sufficient compensation for the grant of rights herein. You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your publicly available Assets through the Service, and to use those Assets (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service. The license to Photo AI and Interior AI survives termination of this Agreement by any party, for any reason.