Terms and Conditions

AI ART Kids – Terms and Conditions

Last Updated: 24. October 2024

These Terms and Conditions (“Agreement”) govern your use of the AI ART Kids mobile application (“Application”) operated by [Peter Pohlmann] (“Licensor”), registered at R. Cristiano Cruz; 2820-056 Charneca da Caparica, Portugal, with VAT number PT294995959. By downloading, installing, or using the Application, you agree to abide by this Agreement. Please read these terms carefully before accessing or using the Application.

1. Acceptance of Terms

By downloading the AI ART Kids application from Apple’s App Store and using it, you (“End-User” or “User”) acknowledge and agree to these Terms and Conditions. If you do not agree to the terms, you are prohibited from accessing or using the Application. Your use of the Application is also subject to the Apple Media Services Terms and Conditions.

2. The Application

The Application, AI ART Kids, is designed to generate personalized AI portraits of children based on the images you upload. The Application allows parents or legal guardians to create artistic portraits for their children in various styles.

3. License Grant

3.1 Subject to your compliance with this Agreement, the Licensor grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Application on compatible devices that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

3.2 This license is provided for the sole purpose of personal use, and you may not copy, distribute, modify, or otherwise exploit the Application or any portion of it without the express written consent of the Licensor.

4. User Eligibility

By using AI ART Kids, you represent that you are either the legal guardian of the child whose images you upload, or you have obtained the appropriate legal consent from the child’s guardian for use of the images within the Application.

5. Restrictions

As a User, you agree not to:

• Reverse engineer, disassemble, decompile, or attempt to extract the source code of the Application.

• Transfer or sublicense the Application to any third party.

• Upload content that is defamatory, obscene, or otherwise unlawful.

• Use the Application to infringe upon the rights of others, including intellectual property rights.

• Violate any applicable laws while using the Application.

6. Intellectual Property Rights

The AI ART Kids Application, including all design, text, graphics, and related elements, is protected by intellectual property laws. The Licensor retains ownership of all proprietary rights in the Application. You may not use any content from the Application without the express consent of the Licensor.

7. Data Collection and Privacy

By using the Application, you agree to the collection, storage, and use of your personal information as described in our Privacy Policy. The data we collect includes, but is not limited to:

• Personal information you provide during account creation and use of the Application.

• Images you upload for the purpose of generating AI portraits.

We take your privacy seriously and do not share your personal data with third parties except as outlined in the Privacy Policy.

8. User-Generated Content

By uploading images to the Application, you grant the Licensor a limited license to use the images solely for the purpose of generating portraits through the Application’s AI system. You retain all rights to your uploaded content, and we do not claim ownership over the original images or the portraits created from them.

You further agree that the images you upload:

• Will not violate the rights of any third party.

• Are free from unlawful, defamatory, obscene, or harmful content.

• Do not violate any local, national, or international laws.

9. Payments and Subscriptions

AI ART Kids offers in-app purchases and subscription options, which are processed through Apple’s App Store. By making a purchase, you agree to abide by Apple’s payment and subscription terms. Any refunds are governed by Apple’s refund policy and must be requested directly from Apple.

10. Refund Policy

All purchases are final, and no refunds are provided unless required by law or at the sole discretion of Apple. If you experience issues with the Application, please contact our support team for assistance.

11. Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE LICENSOR, ITS SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)RESULTING FROM: THE USE OR THE INABILITY TO USE THE SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; UNAUTHORISED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE; THE APP´s ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING THE SERVICE; ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE; THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR ANY OTHER MATTER RELATING TO THE SERVICE.

11.1 The Application is provided “as is” and “as available.” The Licensor makes no warranties or representations regarding the accuracy, reliability, or suitability of the Application or any generated portraits.

11.2 To the maximum extent permitted by law, the Licensor is not liable for any indirect, incidental, or consequential damages arising from the use of the Application, including but not limited to damages for lost profits, lost data, or interruption of service.

11.3 In the event of any malfunction or error in the Application, our total liability is limited to the amount you paid for the service.

11.4 Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

11.5 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 3 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.

11.6 Licensor takes no accountability and responsibility in case of The correctness of the AI generated images.

12. Warranties

We warrant that the Application is free from malware at the time of download. However, we do not warrant that it will operate without errors or interruptions. If you encounter an issue, please report it within 30 days of discovery.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BACKTHEN EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LICENSOR DOES NOT WARRANT THAT THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE LICENSOR OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

13. Termination

This Agreement will remain in effect until terminated by either you or the Licensor. You may terminate this Agreement at any time by uninstalling the Application from your device. The Licensor may terminate this Agreement if you violate any of the terms herein. Upon termination, you must immediately cease all use of the Application and destroy any copies.

14. Third-Party Beneficiaries

Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of the terms and conditions, Apple will have the right to enforce this Agreement against you as a third-party beneficiary.

15. Legal Compliance

You represent and warrant that you are not located in a country subject to U.S. Government embargoes or sanctions, nor are you listed on any U.S. Government list of prohibited or restricted parties.

16. Governing Law

This Agreement is governed by the laws of [Country/Region], without regard to conflict of law principles. Any disputes arising under this Agreement will be resolved in the courts of [Country/Region].

17. Amendments

The Licensor reserves the right to amend or modify these Terms and Conditions at any time. Changes will be effective upon posting to the App or our website. Continued use of the Application after such modifications constitutes acceptance of the updated terms.

18. Contact Information

For inquiries or support, please contact us at:

AI ART KIDS
hello@arrea.io