PLEASE READ THESE TERMS AND CONDITIONS (“T&C”) CAREFULLY. BY ACCESSING, BROWSING, USING 'AIFluencerPro.com' OR ANY OTHER WEBSITE, MOBILE VERSION OF THE WEBSITE OR WEBSITE APPLICATION (COLLECTIVELY, THE “WEBSITE”) OR AVAILING ANY OF THE SERVICES OF WALRUS TECHNOLOGY INCORPORATION (HEREIN AFTER REFERRED TO AS “COMPANY” OR “US” OR “WE”), A DELAWARE INCORPORATED COMPANY. YOU INCLUDING THE PERSONS WHO BROWSES OR THE PERSONS WHO BUYS PRODUCT BASED ON THE SERVICES AGREE TO BOUND BY ALL OF THE T&C MENTIONED HERE UNDER.If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access and use the Website to conduct the transactions on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity. The Company reserves the right to amend or revise the T&C at any time by uploading a revised or amended T&C on the Website with or without prior notice. The amended T&C will be effective immediately after it is uploaded on this Website. Your access or use of the Website following any such changes constitutes your acceptance to follow and you shall be bound by these T&C, as amended. The version of the T&C that will apply to your Services will be those uploaded on the Website at the time you use or access the Services. For this reason, we encourage you to review these T&C each time you access the Website and avail the Services. This T&C does not alter in any way the terms or conditions of any other written agreement you may have with the Company for other products or services. If you do not agree to this T&C (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this T&C, please press CTRL+P. You have limited, non-exclusive, non-assignable and non-transferable license to access Company provided and expressly conditioned upon your agreement that all such access and use shall be governed by of the T&C set forth. You may only access the Website for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Website.Terms of Offer: AIFluencerPro is an AI image generation service. It uses open sourced models for generating and manipulating AI images.Intellectual Property RightsUser acknowledges and agree that the Company own all legal right, title and interest in and to all elements of the Website. The logo, graphics, design, systems, methods, information, computer code, software, “look and feel”, organization, compilation of the content, code, data and all other elements of the Website are owned by the Company. The Website, Company materials and content are protected by copyrights, trademarks or are subject to the other proprietary rights. Accordingly, you are not permitted to use the Website or content in any manner, except as expressly permitted by the Company in these terms. The Website or content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of the Company or the applicable owner. Except as expressly set forth herein, use of the Website does not grant user ownership of or any other rights with respect to any content, code, data or other materials that user may access on or through the Website. Company reserves all rights in and to the Company materials not expressly granted to user in the terms.Non-Company Intellectual PropertyOutside the Company materials, all other trademarks, product names, logos, and similar intellectual property on the Website are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder.DELAY IN SERVICESAIFluencerPro (including its and their directors, employees, affiliates, agents, representative or subcontractors) shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. The Company shall not be liable to provide Services due to any of the above-mentioned reasons.Third Party LinksThe Website may contain or you may be sent via the Website links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by the Company, and they are not responsible for any Third-Party Websites accessed through the Website or any Third-Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at their own risk, and you should be aware that the Company’s terms of use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any application you use or install from the Website. Any purchases, you make through Third-Party Websites shall be through other websites and from other companies, and the Company take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that the Company do not endorse the products or services offered on Third-Party Websites and you hold the Company harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold the Company harmless from any losses sustained by the Company or harm caused to the you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.Generation and credit chargesAIFluencerPro charges credits for image generation. Credits can be bought from the application. The pricing of credits and credit consumption per image and upscale can change time to time without prior notice.CorrectionsThere may be information on Website that contains typographical errors, inaccuracies or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior noticeRestricted contentAIFluencerPro does not promote production of NSFW images. We hold the right to restrict credit usage based on user behaviour. Any attempt to create child pornography images or with children being harmed in any way will lead to a permanent ban from the website. We also hold the rights to seize your credits without any refunds if you are found in violation of this policy and report you to the relevant authorities.FaceLock Fair Use GuidelinesYour face, your responsibility We do not store any data from FaceLock or use the faces for any purpose. You are responsible for the faces you use, including but not limited to taking proper permissions and consent from the person who’s face you are using.Terms of UseBy uploading an image of a real person or the likeness of a real person in FaceLock, you agree NOT to create content that: - Violates any laws. - Violates anyone’s privacy. - Causes harm to a person or persons. - Spreads misinformation.DisclaimerCreating explicit content or content that can cause harm to anyone goes against our usage guidelines and will lead to the permanent suspension of your account. Users of FaceLock must strictly adhere to these terms of use. AIFluencerPro is not responsible for any misuse of this technology.Content ownershipGenerated Images - You own the right to all the generated images which do not violate our policy guidelines. We do not guarantee the copyright of the image which need to be assessed based on content of the image. You are responsible for the usage and distribution of the image and indemnify us from any potential conflicts arising from it.Website SecurityYou are prohibited from violating or attempting to violate the security of the Website, including, without limitation, accessing data not intended for you; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measured without proper authorization; attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming” or “crashing”. Violations of system or network security may result in civil or criminal liability threatens the unity, integrity, defence, security or sovereignty of India, public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence.DisclaimerThe Company disclaim the following:1. The Company has taken due care and caution in building the application but is not responsible for any financial loss occurring due to user error or failure of the website or application2. The Website is provided on an as-is and as-available basis. User agree that the use of Website and Services will be at their sole risk;3. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Website and its use thereof, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose and non-infringement.4. The Company make no warranties or representations about the accuracy or completeness of the Website’s content or the content of any third party website linked to the Website.LIMITATION OF LIABILITYThe Company takes no liability or exclusive remedy, in law, in equity, or otherwise, with respect to the Website contents and Service and/or for any breach of this T&C. The Company shall not be liable for any direct, indirect, incidental, special or consequential damages or loss in connection with this T&C or the Service in any manner, including liabilities resulting from: 1. errors, mistakes or inaccuracies of content and materials; 2. personal injury or property damages, of any nature whatsoever, resulting from access to and use of the Website; 3. any unauthorized access to or use of the Company’s secure servers and/or any and all personal information and/or financial information stored therein; 4. any interruption or cessation of transmission to or from the Website; 5. any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or This disclaimer constitutes an essential part of this T&C.INDEMNIFICATIONYou will release, indemnify, defend and hold harmless the Company, and any of its contractors, agents, employees, officers, directors, officers, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney’s fees and expenses, of third parties relation to or arising out of: (a) this T&C or the breach of your warranties, representations and obligations under this T&C; (b) the Website content, your use of website content, or content generated on the website; (c) use of the Services; (d) any intellectual property of other proprietary rights of any person or entity; or (e) your violation of any provision of the T&C.When Company is threatened with suit or sued by a third party, the Company may seek written assurances from you concerning your promise to indemnify the Company, your failure to provide such assurances may be considered by the Company to be a material breach of this T&C. The Company will have the right to participate in any defence by you of a third party claim related to your use of any of the Website content or Service, with counsel of the Company choice at its expense. The Company will reasonably cooperate in any defence by you of a third party claim at your request and expense. You will have sole responsibility to defend the Company against any claim, but you must receive the Company prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this T&C or your use if the Website or Service.TERM AND TERMINATIONThese T&C shall remain in full force and effect while you use the Website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.USER DATAAccount Information: You may need an account to use our Services. You must ensure that your account information (that is, the information you provide when you registered for or subscribed to a Service) remains current, complete, accurate and truthful. All Website’s account is non-transferable. We may collect and keep your name, email address, username and password, which you may later change to a password of your own choice in accordance with the instructions which shall be provided by you (“Personal Information”). Access to Your Account: You are responsible for all activity that happens on or through you account. To protect your account, keep your password confidential. You are solely responsible for any data that you transmit or that relates to any activity you have undertaken using the Website or any Third-Party Website and links. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.PRIVACY POLICY (“Policy”)We care about privacy and security. Please review our Privacy Policy posted on the Website. By using the Website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions.MISCELLANEOUSCessation of Operation: The Company may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and Services. Entire Agreement: This T&C comprises the entire agreement between you and the Company and supersedes any prior agreements pertaining to the subject matter contained herein. Effect of Waiver: The failure of the Company to exercise or enforce any right or provision of this T&C will not constitute a waiver of such right or provision. If any provision of this T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in such provision, and the other provisions of this T&C remain in full force and effect. Conflicting Terms: If there is any conflict between this T&C and other documents, this T&C shall govern, whether such order or other documents is prior to or subsequent to this T&C, or is signed or acknowledged by any director, officer, employee, representative or agent of Website. Relationship: There is no joint venture, partnership, employment or agency relationship created between you and the Company as a result of these T&C or use of Website. You agree that these T&C will not be construed against us by virtue of having drafted them.Dispute Resolution: Any dispute or claim pertaining to the Services and/or the T&C herein are subject to the exclusive jurisdictions of competent courts/tribunals/forums in California and the user agreed to such exclusive jurisdiction in California. Waiver of Class Action Rights: By accepting the T&C, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device, any claims arising out of, relating to, or connection with this T&C must be asserted individually. Assignment: You may not assign your rights and obligations under this T&C to anyone. The Company may assign any or all of the rights and obligations under this T&C in its sole discretion and without advance notice to you. Survival. If any provision or provisions of these T&C shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect. Contact Us: Please contact us for any question or comments (including all inquiries unrelated to copyright infringement) regarding the Services or the Website.Customer Service DeskEmail: [email protected]