Last Updated on November, 12, 2024
Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the Scenes: AI Art, Image, Video mobile application (the "Service") operated by 44pixels Limited ("us", "we", or "our"), a company registered in the United Kingdom with its registered address at 99 Milton Keynes Business Centre, Foxhunter Drive, Linford Wood, Milton Keynes, MK14 6GD, United Kingdom.
Acceptance of Terms
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Service.
Use of the Service
Scenes: AI Art, Image, Video allows you to generate art, images, and videos using Artificial Intelligence (AI) via the mobile application. You agree that your use of the Service and your interaction with the AI is at your own risk. You are responsible for ensuring your use complies with applicable laws and for any consequences arising from your use of the Service. The AI may generate content that is biased, offensive, or factually incorrect, and 44pixels does not endorse or guarantee the quality of this content. Users interact with the AI-generated content at their own risk.
By using the Service, you agree that:
User Responsibility: You are solely responsible for any content you generate, upload, transmit, or share using the Service ("User Content"). You must ensure that your use complies with all applicable laws and regulations.
No Liability for Content: We are not liable for any User Content, including any errors or omissions or any loss or damage incurred as a result of the use of any content generated or made available through the Service.
Content Quality: The AI may generate content that is biased, offensive, or factually incorrect. We do not endorse or guarantee the accuracy, reliability, or quality of any content generated through the Service.
Right to Remove Content: 44pixels reserves the right to review, moderate, and remove any content that violates these Terms or is otherwise objectionable, and to restrict or terminate access to the Service for any user who violates these Terms. 44pixels further reserves the right to terminate user accounts and take legal action against users who violate these Terms.
Payments and Refunds
In-App Purchases
Certain features of the Service may be offered for a fee. You can make a purchase through the respective mobile application store where you downloaded the App (the "Purchase").
To the maximum extent permitted by applicable laws, we may change the Purchase fee and/or payment structure at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the App and/or by sending you an email notification.
Subscriptions
Our Service may offer subscriptions that automatically renew. Unless you cancel your subscription before the end of the subscription period, you authorize the mobile application store to charge you for the renewal term. The terms of auto-renewal and cancellation procedure (including any relevant notice periods required to cancel any auto-renew) will be disclosed to you on the Service.
Trial Periods
Our Service may offer trial subscriptions that provide access to the Service for a limited period of time and auto-renew unless you cancel before the end of the trial period. The terms of the auto-renewal and cancellation procedure (including any relevant notice periods required to cancel any auto-renew) will be disclosed to you on the Service.
We reserve the right, in our absolute discretion, to modify or terminate any trial offer, your access to the Service during the trial, or any of these terms without notice and with no liability. We reserve the right to limit your ability to take advantage of multiple trials.
Refund Policy
Purchases made via a mobile application store are subject to such store's refund policies. This means when a Purchase is made through a mobile application store, we cannot grant refunds. You will have to contact the respective mobile application store's support for refund requests and hereby acknowledge that the payment of any such refund will be a matter between you and the relevant store and there is no direct recourse with us.
Age Requirements
Our Apps are not intended for children under the age of 13 ("Children"). We do not knowingly collect personally identifiable information from Children. If you are a parent or guardian and you believe that your Child has provided us with personal information, please contact us at [email protected] so that we can delete it. We comply with the requirements of the Children's Online Privacy Protection Act (COPPA) and similar laws worldwide.
Intellectual Property
The Service and its original content, features, and functionality are owned by 44pixels Limited and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 44pixels Limited retains all intellectual property rights related to the Service, including its source code, UI/UX design, content, and trademarks. Users are granted a limited, non-exclusive, non-transferable license to use the app for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service without prior written consent.
User-Generated Content
Your Rights: Any content generated by users in interaction with the AI remains the intellectual property of the user.
License to Us: By uploading, transmitting, creating, storing, using, editing, or sharing User Content, you grant 44pixels a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sublicensable, transferable, worldwide license to use, reproduce, modify, make derivative works of, and otherwise exploit the User Content for the purpose of operating, improving, and developing our existing and future products and services, including but not limited to training our AI models.
Warranties: You represent and warrant that you have all necessary rights to grant the above license, and that the User Content does not infringe upon any third-party rights.
Prohibited Uses and User Conduct
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
In any way that violates any applicable laws or regulations.
To input or generate any content that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
To promote sexually explicit or pornographic material, violence, or discrimination.
To infringe any copyright, trademark, patent, trade secret, or other intellectual property rights of any third party.
To impersonate or attempt to impersonate 44pixels, an employee, another user, or any other person or entity.
To transmit any material that is malicious or technologically harmful.
To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which may harm 44pixels or users of the Service.
To attempt to circumvent any security measures or features of the Service.
To generate spam, engage in illegal activities, or violate the rights of others.
To attempt to gain unauthorized access to the Service, interfere with, damage, or disrupt any parts of the Service.
44pixels reserves the right to review, moderate, and remove any content that violates these Terms or is otherwise objectionable, and to restrict or terminate access to the Service for any user who violates these Terms. 44pixels further reserves the right to terminate user accounts and take legal action against users who violate these Terms.
Fair Usage Policy
Purpose
This Fair Usage Policy is designed to ensure that all users of Scenes: AI Art, Image, Video (the "Service") can enjoy a high-quality experience. By using our Service, you agree to comply with this policy.
Reasonable Use
Users are expected to use the Service in a reasonable manner, consistent with the personal, non-commercial use of an individual.
We reserve the right to monitor usage patterns and take action if we believe usage is excessive or unreasonable.
Usage Limits
We may impose usage limits on the Service, including but not limited to:
Number of AI interactions per day
Length of individual AI sessions
Data upload and storage limits
These limits may vary based on the user's subscription tier or account type. Current usage limits are displayed within the app and may be updated from time to time.
Prohibited Activities
Users must not:
Attempt to circumvent or bypass any usage limits or restrictions.
Use automated systems or scripts to interact with the Service.
Resell, redistribute, or commercially exploit the Service or its outputs without our express permission.
Use the Service in a way that could damage, disable, or impair our servers or networks.
Consequences of Violation
If we determine that a user's usage violates this Fair Usage Policy, we may:
Issue a warning to the user.
Temporarily suspend or limit the user's access to the Service.
Terminate the user's account in case of repeated or severe violations.
Changes to the Policy
We reserve the right to modify this Fair Usage Policy at any time. Continued use of the Service after changes constitutes acceptance of the updated policy.
Contact
If you have any questions about this Fair Usage Policy, please contact us at [email protected].
Third Party Services
The Service may include or provide links to third-party services, including APIs and cloud services such as OpenAI API and Firebase. These third-party services are not under our control, and we are not responsible for their content, privacy policies, or practices. Your interactions with these services are solely between you and the applicable third party. By using the Service, you agree to comply with the terms and policies of these third-party services.
Privacy Policy
Please refer to our Privacy Policy at 44pixels.ai/privacy-policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Service is subject to our Privacy Policy. We assure users that their data will be handled in accordance with applicable laws, such as the UK GDPR.
Disclaimer of Warranties
The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, 44pixels Limited, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.
Without limitation to the foregoing, 44pixels Limited provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected. 44pixels does not warrant the accuracy, completeness, or usefulness of any information or content provided by the AI.
Furthermore, you understand and agree that:
AI-Generated Content: The content generated by the AI is created by Artificial Intelligence.
No Guarantee of Accuracy: The AI-generated content might be false, inaccurate, or misleading.
User Verification: You are solely responsible for verifying the accuracy and reliability of any content before relying on it.
Limitation of Liability
44pixels shall not be liable for any damages arising from the use of the AI, including any actions taken or decisions made based on the AI's output.
In no event shall we (and our affiliates) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these Terms or your use of, or inability to use, the Service (including the app or content), or third-party ads, even if we have been advised of the possibility of such damages. Access to, and use of, the Service (including the app, content, and User Content), and third-party ads are at your own discretion and risk, and you will be solely responsible for any damage to your computing system or loss of data resulting therefrom.
Notwithstanding anything to the contrary contained herein, you agree that the aggregate liability of 44pixels to you for any and all claims arising from the use of the app, content, or Service is limited to the amounts you have paid to us for access to and use of the Service. The limitations of damages set forth above are fundamental elements of the basis of the Terms between 44pixels and you.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you, and you may also have other legal rights that vary from jurisdiction to jurisdiction.
Indemnification
You agree to indemnify, defend, and hold harmless 44pixels Limited, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, arising from or relating to:
Your violation of these Terms.
Your use of the Service, including your User Content.
Any claims related to the content generated by you or the AI.
Your violation of any rights of another person or entity.
You warrant to 44pixels that you have the necessary legal rights to upload the content to the Service and are not infringing any third-party intellectual property rights by doing so and agree to indemnify 44pixels for any loss suffered as a result of the breach of such warranty.
Governing Law and Dispute Resolution
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims). Users are required to first attempt to resolve any disputes through informal negotiation or mediation before proceeding to court.
Changes to the Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without prior notice. Changes will become effective immediately upon posting. 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.
Entire Agreement
These Terms and our Privacy Policy constitute the entire agreement between you and 44pixels Limited regarding the use of the Service and supersede any prior agreements between you and 44pixels Limited relating to the Service.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Contact Us
If you have any questions about these Terms, please contact us at [email protected]