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Terms and conditions

These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the OnlyWaifus.ai website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and this Website operator ("Operator", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Accounts and membership

You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual property rights

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the Operator or third party trademarks.

User-Generated Content and Privacy

By utilizing our AI image generator service, you acknowledge and agree to the following terms regarding user-generated content and privacy:

  1. User Responsibility: You, as the user, are solely responsible for the images uploaded to our platform for processing. Ensure that you have the legal right to use and upload the images, including any necessary permissions from individuals depicted in the images.
  2. Privacy and Consent: The AI image generator is designed to create lookalike images based on the provided input. However, you must ensure that you have obtained the necessary consent from any individuals whose likeness is being replicated. We explicitly disclaim any responsibility for unauthorized use or misuse of generated content.
  3. Prohibited Content: You may not upload or use images that contain any unlawful, illegal, or offensive content. This includes but is not limited to images involving violence, or any content that violates applicable laws or regulations.
  4. Data Handling: We take user privacy seriously. While we retain uploaded images temporarily for processing, we do not store or use these images for any purpose other than generating the requested lookalike images. We do not sell or share user data with third parties.
  5. Intellectual Property: You retain ownership of the images you upload. By using our service, you grant us a limited license to use, modify, and reproduce the images solely for the purpose of generating the lookalike images. This license terminates when you delete your account or remove the images from our platform.
  6. Accuracy of Generated Content: The AI image generator is designed to provide realistic lookalike images, but we do not guarantee absolute accuracy. The results may vary based on the quality and nature of the input image. We are not liable for any discrepancies between the generated content and the original images.
  7. Compliance with Laws: Users are expected to comply with all applicable laws and regulations, including but not limited to privacy laws, copyright laws, and any laws related to the use of AI-generated content. We are not responsible for any legal consequences resulting from the misuse of our service.
  8. Disclaimer of Liability:The AI image generator is provided "as is," and we make no representations or warranties of any kind, express or implied, regarding the accuracy, reliability, or legality of the generated content. We expressly disclaim any responsibility for any infringements, legal issues, or consequences arising from the use or misuse of the features provided by our service.
  9. User Indemnification: You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, costs, or expenses (including legal fees) arising out of or in connection with your use of the AI image generator, including but not limited to any violation of these terms, infringement of third-party rights, or any other misuse of the service.
  10. Limitation of Liability:In no event shall we be liable for any indirect, consequential, incidental, special, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with the use of our service, even if advised of the possibility of such damages.
  11. Legal Compliance: Users are responsible for ensuring that their use of the AI image generator complies with all applicable laws and regulations. We do not endorse or encourage any illegal or unethical use of the service. Users engaging in such activities will be held solely responsible for any legal consequences.
  12. Third-Party Claims:We are not responsible for any claims made by third parties, including but not limited to claims related to intellectual property infringement or privacy violations, arising from the use of the generated content. Users are encouraged to seek legal advice if they have concerns about potential legal issues. By using our AI image generator, you acknowledge and agree to the limitations of liability outlined in these terms. It is your responsibility to assess the legal implications of using the service, and we strongly recommend consulting with legal professionals if you have any concerns about the legality of your activities.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Germany without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Germany. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Germany, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to support@onlywaifus.ai.

This document was last updated on July 14, 2023