Terms Of Use

Last updated: April 26, 2023

Our Apps have been designed for entertainment purposes. Some of them provide image and/or video generation tools that utilize Artificial Intelligence models and technologies. Apps and tools referred collectively as "Services". These Services allow you to create images/videos based on text prompts or photos that you upload. For a full list of features, please visit the specific App's page on the App Store.

The Services are solely intended for personal, non-commercial use and should only be utilized for the purposes outlined above.

Please read our Privacy Policy for information on how we handle your personal information. By using our services you consent to the collection, use and disclosure of your information as described in that policy and in these Terms of Services.

Our goal is quality of Services for all of our customers. While our Services has sufficient capacity to support average personal usage, if your usage is excessive relative to the average, we may need to limit your bandwidth or suspend your account. You also cannot use our Services for things that could hurt our service, company or other people. See our detailed acceptable use policy for more information. We reserve the right to refuse Services if we think it’s the right thing to do for our customers.

Changes to this Terms

This Agreement may be altered at any time by us for any reason. It is incumbent upon you to review this Agreement periodically in order to remain informed of any updates. Your continued use of the Services after the posting of a revised Agreement will be deemed as your awareness and acceptance of the changes therein.

Restrictions

To download, install, access or utilize the Services, you must have attained the age of majority or legal age as determined by the jurisdiction in which you reside. This is typically 18 years of age or older. Individuals who are under the age of 18 and considered minors in their jurisdiction of residence must secure the permission and direct supervision of their parent or guardian prior to using the Services. If you are between the ages of 13 and 17 and wish to use, download, install, or access the Services, you must first obtain the consent of your parent or guardian by confirming that they have read and agreed to the terms of this Agreement. Additionally, you must have the capacity to enter into a binding contract with us and not be restricted from doing so under any applicable laws. Individuals below the age of 13 years are prohibited from downloading, installing, accessing or utilizing the Application.

Acceptable Use Policy

Regulations regarding User-Generated Content. User-Generated Content refers to all elements related to the image generation features of the Services, including the images generated from user-provided text and photo prompts (referred to collectively as "Prompts"), as well as original photos uploaded by the user for avatar and video avatar generation, and generated avatars and video avatars (referred to collectively as "Avatars"). It is incumbent upon you to ensure adherence to all relevant laws in connection with the use of user-generated content.

The Services enables the generation of new, original User-Generated Content based on the Prompts, photos and parameters specified by you. It is important to note that your use of the Services signifies your express acknowledgment and agreement that any user-generated content related to the image generation feature, arising from your Prompts, shall be dedicated to and released into the public domain as per the terms of the CC0 1.0 Universal Public Domain Dedication (as outlined at creativecommons.org).

The dedication of User-Generated Content related to the image generation feature arising from user Prompts to the public domain under the CC0 1.0 Universal Public Domain Dedication encompasses, among other things, the following: You grant us, our successors, affiliates, agents, assigns, or anyone authorized to act on our behalf, a non-exclusive, royalty-free, irrevocable, worldwide, perpetual, assignable, sublicensable, and cost-free license to use, copy, reproduce, display, adapt, modify, create derivative works, incorporate into other works, distribute, or commercially exploit such User-Generated Content for any purpose and through any media or distribution channels, including the display of such content to other users of the Application.
It is incumbent upon you to familiarize yourself with the legal provisions of the CC0 1.0 Universal Public Domain Dedication in order to fully comprehend the legal implications of dedicating your User-Generated Content related to the image generation feature arising from your Prompts to the public domain.

If you wish to experiment with the Avatars feature and utilize AI technology to generate Avatars based on the photos you upload, you may do so. Please note that as long as you comply with the terms of the current agreement, you will maintain ownership rights to both the Avatars training set (original photos you upload for Avatars generation) and the Avatars created using the Services (collectively, User-Generated Content related to the Avatars).

However, to enable the creation of Avatars through the Services, you agree to grant us, as well as our successors, affiliates, agents, assigns, or anyone authorized to act on our behalf, a revocable, non-exclusive, worldwide, temporary, royalty-free, sublicensable, transferable license and rights to reproduce, display, adapt, process, use, modify, among other things, create derivative works, and transfer, share or sublicense User-Generated Content related to the Avatars to third-party service providers solely for the limited purposes of providing you with the Avatars feature, i. e. the training of the AI that creates AI avatars via the Services to make the effective implementation of Avatars feature possible for you;

Please note that you acknowledge and agree to provide the aforementioned license and rights with respect to the User-Generated Content related to the avatar feature without any payment required from you or any third party. You also agree not to pursue or demand any charges or fees from us, our successors, affiliates, agents, assigns, or anyone authorized to act on our behalf regarding the copyright to the User-Generated Content related to the Avatars.

Please note that we only use your User-Generated Content related to the Avatars in accordance with the terms of the present agreement and our Privacy Policy. We do not use your User-Generated Content related to the Avatars for any other purpose not expressly stated herein.

As stated above, the license and rights you granted to us regarding the User-Generated Content related to the Avatars are temporary. This means that we store and process your User-Generated Content related to the Avatars for strictly defined limited periods of time. To learn more about applicable storage policies, please review our Privacy Policy.

THIRD PARTIES’ MATERIALS AND TOOLS INCORPORATED INTO APPLICATIONS AND SERVICES. Our Applications may use OpenAI API available at https://beta.openai.com/docs/api-reference. You may obtain a copy of API TERMS & POLICIES at https://openai.com/api/policies/service-terms/. Due to the fact that we use OpenAI API for the purpose of processing and creation of AI-generated User-Generated Content, you hereby agree to be bound by and comply with the terms of OpenAI Sharing & Publication Policy while any sharing and/or publication of User-Generated Content. For the purposes of the present Agreement the term “User-Generated Content” includes both the text you enter into the message field and send to the App, as well as any text, other content generated by AI via the Applications.

Use of the Services. You may not use the Services in any manner that could damage, disable, overburden or impair ESTU’s systems or networks, or interfere with any other party’s use and enjoyment of them. You may not attempt to gain unauthorized access to any computer systems or networks associated with the Services. You may only use the Services for your personal, non-commercial purposes, and not in any way to provide, or as part of, any commercial Services or application. You may not transfer your rights hereunder or your account access to any other person. You may not use the Service: (a) in a manner that violates any law or regulation; (b) in a manner that infringes or violates any privacy, intellectual property, confidentiality, contractual or other rights; (c) to transmit information that is defamatory, offensive, misleading, false, harmful to minors or obscene; (d) to gain unauthorized access to any service, account, computer system or network; (d) to transmit any viruses or programming routines intended to damage, surreptitiously intercept, or expropriate any system, data or personal information; (e) in contravention of any acceptable use or other information technology policy that may apply to your use of any computer system or network; (f) to send unsolicited email communications, or (g) in any other manner that ESTU deems in its sole discretion to be inappropriate.

Disallowed usage of our models By accepting these terms, you therefore agree not to use our apps/models for the following:

Illegal activity.
Child Sexual Abuse Material or any content that exploits or harms children.
Generation of hateful, harassing, or violent content. Content that expresses, incites, or promotes hate based on identity. Content that intends to harass, threaten, or bully an individual. Content that promotes or glorifies violence or celebrates the suffering or humiliation of others.
Generation of malware. Content that attempts to generate code that is designed to disrupt, damage, or gain unauthorized access to a computer system.
Activity that has high risk of physical harm, including: Weapons development, Military and warfare, Management or operation of critical infrastructure in energy, transportation, and water, Content that promotes, encourages, or depicts acts of self-harm, such as suicide, cutting, and eating disorders.
Activity that has high risk of economic harm, including: Multi-level marketing, Gambling, Payday lending, Automated determinations of eligibility for credit, employment, educational institutions, or public assistance services.
Fraudulent or deceptive activity, including: Scams, Coordinated inauthentic behavior, Plagiarism, Academic dishonesty, Astroturfing, such as fake grassroots support or fake review generation, Disinformation, Spam, Pseudo-pharmaceuticals.
Adult content, adult industries, and dating apps, including: Content meant to arouse sexual excitement, such as the description of sexual activity, or that promotes sexual services (excluding sex education and wellness), Erotic chat, Pornography.
Political campaigning or lobbying, by: Generating high volumes of campaign materials, Generating campaign materials personalized to or targeted at specific demographics, Building conversational or interactive systems such as chatbots that provide information about campaigns or engage in political advocacy or lobbying, Building products for political campaigning or lobbying purposes.
Activity that violates people’s privacy, including: Tracking or monitoring an individual without their consent, Facial recognition of private individuals, Classifying individuals based on protected characteristics, Using biometrics for identification or assessment, Unlawful collection or disclosure of personal identifiable information or educational, financial, or other protected records.
Engaging in the unauthorized practice of law, or offering tailored legal advice without a qualified person reviewing the information.
Offering tailored financial advice without a qualified person reviewing the information.
Telling someone that they have or do not have a certain health condition, or providing instructions on how to cure or treat a health condition.

Events Beyond Our Control. Notwithstanding anything to the contrary contained herein or elsewhere in any document relating to the Service, ESTU shall not be liable for any disruption in the Services caused by factors outside of ESTU’s control, including but not limited to, any problems with your computing or network infrastructure, hardware or product, problems with your internet Services provider (ISP) or any sites you are attempting access through the Service, or any electrical or other utility outage.

Software License Terms
ESTU grants you a limited, nonexclusive, personal, non-transferable, object-code license to use any software provided to you in connection with the Services (referred to herein as the “Software“) for internal and personal purposes only.For Software that is installed on a device (such as a mobile phone, tablet or personal computer), you may only use and install such Software on the devices that have been specifically authorized in connection with the Services and the Services plan you are enrolled in. ESTU reserves all rights not expressly granted to you hereunder. The Software is protected by copyright and other intellectual property laws and treaties. You agree that ESTU and/or its licensors exclusively own all title, copyright and other intellectual property rights in and to the Software. YOU MAY NOT (AND MAY NOT ALLOW A THIRD PARTY TO) RENT, LEASE, SUBLICENSE, SELL, ASSIGN, LOAN, USE FOR TIMESHARING OR Services BUREAU PURPOSES OR OTHERWISE TRANSFER THE SOFTWARE OR ANY OF YOUR RIGHTS AND OBLIGATIONS UNDER THIS LICENSE. You may not (and may not allow a third party to): (a) reverse engineer, decompile, disassemble or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Software by any means whatsoever, except to the extent the foregoing restrictions are expressly prohibited by applicable law, (b) remove or destroy any copyright notices or other proprietary markings, (c) attempt to circumvent any use restrictions, (d) modify or adapt the Software, merge the Software into another program or create derivative works based on the Software, or (e) use, copy or distribute the Software.

Termination Policy
You agree that ESTU may suspend or terminate your use of the Services in the event of any breach or violation of these Terms of Services. ESTU may also terminate your use of the Services in the event that we determine in our sole and absolute discretion to cease offering the Services. You agree that any such suspension or termination in accordance with this paragraph may be performed without prior notice and you agree that ESTU will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

Services Plan Terms
Services Plan Fees. ESTU offers different Services plans and one-time purchases that may depend on the particular ESTU product and the amount of bandwidth you require. You acknowledge and agree that the details of the Services plan you are initially enrolled in were disclosed to you at the time of purchase or activation, as the case may be. If you subscribed for a plan with recurring fees and those fees are not paid when due, ESTU reserves the right to terminate, limit or suspend your access to the Services at its discretion. ESTU may also change the fees associated with any Services plan or introduce fees for any free Services plan. If you do not wish to pay the new fee, you may terminate your use of the Services.

Legal
DISCLAIMER.THE Services IS PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU EXPRESSLY AGREE THAT USE OF THE Services IS AT YOUR SOLE RISK. ESTU DOES NOT PROVIDE ANY WARRANTY OR GUARANTEE AS TO THE SECURITY OF THE Services. THE Services WILL NOT PROTECT YOU FROM KEY LOGGING, REMOTE SCREEN VIEWING OR OTHER VISUAL ATTEMPTS TO MONITOR YOUR INTERNET USAGE. ESTU DOES NOT WARRANT THAT THE Services WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY. IN NO EVENT SHALL ESTU, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED IN ANY CONNECTION WITH YOUR USE OF THE Services HOWSOEVER CAUSED AND REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE OR ANY OF THE FOREGOING PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL LIABILITY OF ESTU, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS AND OTHER REPRESENTATIVES, TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE Services (HOWSOEVER CAUSED AND REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE OR ANY OF THE FOREGOING PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE Services DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

Entire Agreement and Severability. These Terms of Services constitute the entire agreement between you and ESTU relating to the Services and supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the subject matter hereof. To the extent the terms of any ESTU policies or programs conflict with these Terms of Service, these Terms of Services shall control. If any provision of these Terms of Services is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

Assignment. ESTU may assign or transfer its rights and obligations under these Terms of Services to any person for any reason and without any notice to you. A purchaser of our business or assets may use and disclose your personal information for the purposes described in this policy. If ESTU becomes involved in a transaction where our assets or business is purchased, we will ensure the confidentiality of any personal information involved in such transaction.