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Terms of Use Effective as of: November 1, 2024 Welcome to InkFusion! Please carefully review these Terms of Use (the “Terms”) and our Privacy Notice (“Privacy Notice”) at [InkFusion Privacy Link] before using the services provided by InkFusion, operated under the laws of the United Kingdom by Oleg Barabash, a self-employed entity in the UK. These Terms represent a legally binding agreement between InkFusion (“we,” “us,” or “our”) and you, the user (“you” or “your”), that governs your use of (a) the InkFusion mobile application (the “App”) and (b) the services accessible via the App (collectively, the “Services”). By using our services, you agree to be bound by these Terms. If you disagree with any part of these Terms, do not use our services. For questions, please contact us at: support@inkfusion.app. The InkFusion Services offer a cutting-edge online application powered by artificial intelligence technology, enabling users to design unique tattoo sketches and visualize these tattoos directly on images of their own skin, creating a realistic, immersive experience.
Scope of the Services: InkFusion reserves the right to adjust or modify the functionality of the Services and to introduce applicable prices or fees at any time, at its sole discretion, and without prior notice. Feedback: We welcome any feedback, comments, ideas, or suggestions (“Feedback”) for improvements to the Services. By submitting Feedback, you acknowledge that InkFusion may use, modify, distribute, display, and perform the Feedback without obligation to compensate you or seek your approval. This license is irrevocable, perpetual, worldwide, royalty-free, sublicensable, and transferable. You also agree that InkFusion is not required to treat Feedback as confidential or implement any suggested changes. 2. Who Can Use the Service To access and use our Services, you must be at least sixteen (16) years of age, or the minimum age required to provide consent to data processing in your region if different, and must not be prohibited from using the Services under any applicable laws. 3. InkFusion Content License. By complying with these Terms, InkFusion grants you a limited, worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services strictly for personal, non-commercial purposes. Use Restrictions. Except as expressly permitted by these Terms, you may not: (a) sell or use any part of the Services for commercial purposes; Third-Party Content. The license granted to you by InkFusion does not cover any third-party content that may be available on the Services. Any use of the Services beyond what is expressly authorized in these Terms, without prior written permission from InkFusion, is strictly prohibited and will result in the termination of the license granted under these Terms. 4. Generated Content and User Content Posting Content. Our Services allow you to store, share, or otherwise make available the Generated Content (excluding Feedback) outside of the App. InkFusion does not claim ownership of any Generated Content or any User Content you upload, such as photos, images, or text prompts (“User Content”), and nothing in these Terms restricts any rights you may have in your Generated Content or User Content. Your Representations and Warranties. You represent and warrant that you have (and will retain, throughout your use of the Services) all necessary rights to grant us the license rights to your User Content as outlined in these Terms. You also represent and warrant that neither your User Content, nor your use and sharing of Generated Content through the Services, nor InkFusion’s use of your User Content or Generated Content on or through the Services, will infringe, misappropriate, or violate any third-party intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable laws or regulations. Your Responsibility for User Content and Generated Content. You acknowledge that you are solely responsible for all User Content and Generated Content you create or share. InkFusion does not verify or endorse any User Content submitted by users and accepts no liability regarding any User Content. Sharing Generated Content. If you choose to share Generated Content publicly, you acknowledge that this content will be accessible to others and will be treated as non-confidential and non-proprietary. Please avoid sharing any Generated Content that you do not wish to be publicly available. 5. Prohibited Conduct and Content InkFusion is designed as an inclusive platform solely for entertainment purposes, providing a safe and enjoyable environment for all users. We strictly prohibit any form of harassment, bullying, stalking, or other disruptive behaviors and take all necessary measures to maintain a supportive community. By accessing and using the Services, you agree to follow our Community Guidelines, which ensure respectful interactions on the platform. If you encounter content that you believe contradicts or breaches these guidelines, we encourage you by reaching out to us via email at support@inkfusion.app 6. Monitoring of content 7. Fees and Payments General. InkFusion requires payment for access to certain features and functionalities within the Services ("Pro Features"). You may opt for a weekly or annual subscription ("Subscription"), both of which auto-renew at the end of each subscription term until canceled. By making a purchase or subscription ("Transaction"), you authorize InkFusion, or our designated third-party payment processor, to charge your chosen payment method for the Transaction amount plus any applicable taxes. We may request additional information, such as your billing address and email, to facilitate billing and communication ("Payment Information"). You represent and warrant that you have the legal right to use the payment method(s) you provide. Initiating a Transaction signifies your agreement to our pricing, payment, and billing policies as outlined at the point of purchase or as otherwise communicated to you. All payments are non-refundable and non-transferable except where stated in these Terms. Subscriptions. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE INKFUSION TO AUTOMATICALLY CHARGE YOU AT THE THEN-CURRENT SUBSCRIPTION RATE AT EACH RENEWAL PERIOD. Weekly and annual subscriptions will auto-renew at the subscription rate stated on the Services at the time of purchase. Using your stored Payment Information, we will process each renewal charge until you cancel your subscription. By agreeing to these Terms and subscribing, you acknowledge and accept the ongoing nature of subscription payments and agree to all related billing obligations unless you cancel. Your subscription will remain active until the end of the current billing cycle if canceled mid-term, and no refunds will be issued for unused portions of the subscription period. Cancellation and Refunds. To cancel your subscription, please follow the instructions provided below. If you choose to cancel, the cancellation will take effect at the end of the current billing period. Cancel instructions: If you want to cancel your subscription, please follow these instructions by the links: iOS: https://support.apple.com/en-us/118428 Android: https://support.google.com/googleplay/answer/7018481?hl=en-GB&co=GENIE.Platform%3DAndroid Refund instructions: iOS: https://support.apple.com/en-gb/118223 Android: https://support.google.com/googleplay/answer/2479637?hl=en-GB Please note: You can claim a refund for a subscription, if you have a valid reason and if it’s less than 48 hours since you made an in-app purchase. 8. Copyright Policy 9. Indemnification 10. Privacy 11. Disclaimer of Warranties We make no guarantees that the Services will meet your expectations, be continuously available, secure, or error-free, or that the content generated by or shared through the Services will be accurate, reliable, or complete. USE OF THE SERVICES IS AT YOUR OWN RISK. InkFusion is powered by evolving AI technology that may produce unexpected outcomes. Our team works diligently to maintain high-quality standards. However, should you encounter content that appears offensive, harmful, defamatory, or in violation of our Terms or Community Guidelines, please report it using the in-app reporting feature or by contacting us directly at support@inkfusion.app Entertainment Purposes Disclaimer 12. Your Representations and Warranties By accessing and using our Services, you represent and warrant that:
13. Limitation of Liability To the fullest extent allowed by law, neither InkFusion nor its service providers involved in the creation, production, or delivery of the Services shall be liable for any incidental, special, exemplary, or consequential damages. This includes, but is not limited to, damages for lost profits, lost revenue, lost savings, missed business opportunities, loss of data, harm to goodwill, service interruptions, computer or system failure, or the cost of substitute services arising from or related to these Terms or the inability to use the Services. These limitations apply whether the claim is based on warranty, contract, tort (including negligence), product liability, or any other legal theory, even if InkFusion or its service providers have been advised of the possibility of such damages and even if a limited remedy set forth here is found to fail its essential purpose. In jurisdictions that permit these limitations, InkFusion’s total liability arising from or in connection with these Terms or use of the Services shall not exceed the total amounts you have paid or owe to InkFusion for the Services, or one hundred dollars ($100) if no payments have been made to InkFusion. These exclusions and limitations of damages are core terms of the agreement between InkFusion and you. 14. Links to Third-Party Websites The InkFusion Services may include links to third-party websites, services, and other resources. Please note, the presence of these links does not imply an endorsement by InkFusion, nor does InkFusion guarantee their security or compatibility with user expectations. InkFusion is not responsible for the maintenance or availability of materials referenced on external sites and makes no warranties regarding their content or services. InkFusion assumes no responsibility for any damages, losses, or other impacts, directly or indirectly resulting from the use of content, products, or services available through these third-party websites or resources. 15. Governing Law and Dispute Resolution Governing Law and Forum Choice. These Terms and any action related to them will be governed by, construed, and enforced in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions. Dispute Resolution. Both you and InkFusion agree that any disputes, claims, or controversies arising out of or relating to these Terms or any alleged breach, termination, enforcement, or validity thereof, or the use of the Services (collectively, “Disputes”) will be resolved exclusively in the courts of the United Kingdom. By using the Services, you consent irrevocably to the jurisdiction of these courts in any such action or proceeding and waive any objections regarding venue or inconvenience of the forum. Both you and InkFusion agree that any litigation will be conducted under the laws of the United Kingdom, and that neither party will participate in any class action or group proceeding. Group Action Waiver. YOU AND INKFUSION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR GROUP MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. 16. Changes to Our Terms 17. Termination InkFusion may, at its sole discretion, suspend or terminate your access to and use of the Services at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, your rights to access and use the Services will immediately cease. If you have any questions regarding the termination or discontinuation of Services, please contact us at support@inkfusion.app. Sections that, by their nature, should survive termination will remain in effect even after termination, including, but not limited to, provisions concerning limitations of liability, disclaimers, intellectual property rights, and indemnification. 18. Rights and Terms for Apps This section applies to any App that you acquire from the Apple App Store or use on an iOS device. Please note that Apple has no obligation to provide maintenance or support services for the App. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App, if applicable. Beyond this, Apple holds no additional warranty obligations with respect to the App, to the maximum extent permitted by law. Apple is not responsible for handling any claims made by you or any third party related to the App or your possession and use of it, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to meet any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Furthermore, Apple is not responsible for investigating, defending, settling, or resolving any third-party claims that your possession and use of the App infringe on that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple has the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. You also represent and warrant that (a) you are not located in a country subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist-supporting country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. Additionally, you agree to comply with any applicable third-party terms of service while using the App. 19. General Terms Entire Agreement and Severability. These Terms constitute the entire and exclusive understanding and agreement between InkFusion and you regarding the Services, superseding all prior oral or written agreements or understandings between InkFusion and you with respect to the Services. If any provision of these Terms is found invalid or unenforceable by a court or arbitrator with appropriate authority, that provision will be enforced to the fullest extent allowed, and all remaining provisions will continue in full effect. You may not assign or transfer these Terms by law or otherwise without prior written consent from InkFusion. Any attempt by you to assign or transfer these Terms without such consent is void. InkFusion reserves the right to assign or transfer these Terms without restriction. These Terms will be binding upon, and benefit the parties, their successors, and permitted assigns. Notices. Notices or communications from InkFusion under these Terms will be provided via email. For email notices, the date of receipt is considered the date on which such notice is sent. Waiver of Rights. InkFusion’s failure to enforce any right or provision in these Terms will not be considered a waiver of that right or provision. Any waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of InkFusion. Except as expressly stated in these Terms, neither party’s exercise of any remedy will prejudice its other remedies under these Terms or otherwise. 20. 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