HitPaw AI Art Generator Terms of Service
1. Your Relationship With Us
You are reading the terms of service ( the "Terms"), which govern the relationship between users ( hereinafter referred to as "you") and HITPAW CO.,LIMITED (hereinafter referred to as "we" or "us") and set forth the terms and conditions by which you may access and use our related websites/products/services. It shall have the same legal force for both sides.
The Terms form a legal binding between you and us. Please take the time to read them carefully. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please ensure that your parent or legal guardian has viewed and discussed these Terms with you.
2. Accepting the Terms
If there is any doubt for you to accept the Terms in whole or in part, or if you have any feedback (including suggestions, complaints, reports, etc.) in the course use, you may contact us by sending an email to [[email protected]].
3. Changes to the Terms
We may amend these Terms from time to time in accordance with regulatory changes and the rights of our users. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms by posting a notice on our Website, sending you an email, text message or back-end alert. But at the same time, you should also review the Terms periodically to check for such changes. We will also update the "Last Updated" date at the top of these Terms, which reflects the effective date of these Terms.
If you do not agree with the changes that have taken effect, you must stop accessing or using our website/products/services after the effective date. In that case, the changes will not be valid for you. Conversely, your continued access or use of our website/products/services after the effective date constitutes your acceptance of the new Terms.
4. Your Access to and Use of Our Services
You have the right to access or use our website/products/services for non-commercial purposes and we hereby grant you a personal, non-transferable, non-sublicensable, non-exclusive, revocable, general license to use them.
You agree that you are solely responsible (to us and to others) for the activity that occurs under your account. Your access to and use of our website/products/ services is subjected to these Terms and all applicable laws and regulations. In the course of use, you shall not do any of the following, including but not limited to: copy, modify or create derivative works(including plug-ins, unauthorized third party programs etc.) without our authorization; sell, rent, lend, publish or transmit the Software to others in any form; derive source code by deconstructing software, decompiling, disassembling or reverse engineering; develop new products based on our products; provide product data processing services, application services or commercial sharing to any third parties; infringe our rights in any form or manner without our authorization or infringe the interests of others in the use of our software; use our products or services to engage in illegal and criminal activities that violates social order and morality, violates the privacy, reputation, portrait, intellectual property rights and other legal rights and interests of other; as well as any other acts not authorized by the our Company.
If you no longer want to use our services and would like account information deleted, click [Settings] - [Delete Account], then follow the instructions to complete the process.
5. Intellectual Property Rights
All content contained on our website/products /services (including, but not limited to: trademarks, patents, word expressions and combinations thereof, images, logos, video, audio, layout, page frames, programs, etc.) is owned by us; all content protected by copyright laws, other intellectual property laws and treaties is owned by us. You may not remove our copyright marks or other rights notices from our website/products/services. You are granted a separate licence to use our website/products/services only when you access or use them; a licence to use the software shall not be deemed to permission of transferring or sharing any or all of its intellectual property rights under any circumstances.
No one may reproduce, distribute or publish any information belonging to our intellectual property in any form, whether for commercial or non-commercial use without our written permission. We reserve the right to pursue legal action against infringers.
You guarantee that your use of our website/products/services will not infringe the intellectual property rights of any third party and that you will be solely responsible for all liability if your acts infringe the intellectual property rights of any third party.
When you use our website/products/services, once your artwork has been created and delivered to you, the intellectual property rights that exist in that particular artwork will be transferred to you and you will have free reign over the permissions associated with your artwork. However, as the law related to works created by AI is constantly evolving and developing, we do not guarantee that you will be able to assert the intellectual property rights in your work in every jurisdiction, or that your work or any trademark application or copyright claim will not infringe the intellectual property rights of any third party. And you hereby grant us a worldwide, non-exclusive, non-sublicensable, royalty-free licence to reproduce, duplicate and display your artwork created in the course of using our website/products/services for the purpose of displaying our website/products/services or for commercial promotion.
6. Fee-based services and payment rules
Our products/services may be provided on a chargeable basis and we may charge for some of our services either currently or in the future, depending on the actual needs. In that case, there will be clear indications or guidance for you on the relevant pages. If you refuse to pay the fee, you will not be able to use the service after the payment day. Prior to the commencement of the charge, we will publish the rules of the chargeable services, the rates and the method of charging, and we have the right to adjust the rules of charging according to the actual needs. Your continued use of the relevant services after the adjustment will be treated as acceptance of adjusted rules of charging.
The use of the application is charged on a subscription basis. We will charge you periodically ("billing cycle"). The billing cycle is set weekly or monthly. At the end of each billing cycle, your subscription will automatically renew under exactly the same conditions unless you cancel it. You can cancel your subscription renewal at any time via the App Store or Play Store. HitPaw AI Art Generator does not process subscription refunds as it is entirely dependent on App Store and Play Store policy.
The auto-renewal service is introduced on the premise that you have a continuous monthly subscription on our website/product/service. It is based on your need for auto-renewal and aims to avoid interruption of your paid service caused by overdue renewal. Please check for the fee deduction rules and cancellation methods of auto-renewals at App Store and Play Store policy.
Your can pay through our partner Apple or Google Pay. And before you pay, please read carefully the rules of the third party payment platforms or instruments and ensure that you can fully understand them. You can complete your top-up or payment in full compliance with the aforementioned rules.
7. User Information Protection Policy
8. Limitation of Liability
Please make sure you understand and agree that:
- For all our websites/products/services, we have made every effort to provide accurate materials and information, but we cannot guarantee their completeness, validity or reliability. We cannot be responsible for damage caused by your misuse.
- We can not guarantee that our website/product/service can be fully suitable for the users and fully meets the user‘s expectations.
- We can not guarantee that our website/products/services can keep uninterrupted, timely, secure, reliable or error-free.
- We can not guarantee that every error in our website/products/services can be corrected.
- You understand and agree that when use or access our website/products/services, you may encounter factors such as force majeure (force majeure means an objective event that cannot be foreseen, overcome or avoided), including but not limited to governmental acts, natural disasters (such as floods, earthquakes, typhoons, etc.), network causes, hacker damage, war, strikes, riots, etc. In the event of force majeure, we will endeavour to promptly repair our website/products/services, but the Company shall be exempt from liability for losses from suspension or termination cause by force majeure to the extent permitted by laws and regulations.
- The Company obtains the right to deal with illegal and non-compliant content in accordance with these Terms, which does not constitute an obligation or commitment on the part of the Company, and the Company cannot guarantee that violations will be detected or dealt with in a timely manner.
- Please note that we provide our platform for family and private use only. You agree not to use our platform for any commercial or business purposes and that we are not liable to you for any loss of profits, loss of business, loss of goodwill or loss of business opportunities.
- We may change, suspend, withdraw or restrict the availability of all or any part of our website/products/services at any time for business and operational reasons.
- In no event shall we and our shareholders, employees, agents or affiliates be liable for any indirect, punitive, incidental damages, including, but not limited to: (i) damages caused by your inability to access or use our website/products/services; (ii) damages caused by any act or content of any third party; (iii) loss arising from the use of all or part of the content obtained or generated from our website/products/services.
- Except as otherwise expressly provided by law or regulation, our entire liability to you, for whatever reason, shall not exceed the fees paid to us by you in the course of using our website/products/services.
- These limits apply to our liability to you whether or not we have been advised or should have been aware of the possibility of incurring any such loss.
- You are solely responsible for any mobile charges, including but not limited to SMS and data charges, incurred in connection with your access to or use of our website/products/services. If you are unsure what these charges will be, you should ask your service provider before using the service.
9. Legal application and jurisdiction
Class action waiver: Legal disputes arising from these Terms will be brought only in an individual capacity, and you agree not to bring or participate in any class or representative action arising from a dispute with us.
Our failure or delay in exercising a right is not a waiver of such right, and we are entitled to exercise that right at any time.
Upon termination of these Terms, we may still be held liable to you under these Terms for your past conduct.
10. Supplemental Provisions
You shall not assign any of your rights or obligations under the Terms in any way without our written consent. To the extent permitted by law, we may assign our rights and obligations without your consent.
You agree that we may deliver notifications to you by posting them on our website or partner websites, or by sending you emails, text messages, or product backstage reminders. You agree that if the notice is made by public announcement, it will be deemed to have been delivered once it is announced on the website; if the notice is made by E-mail or SMS, it will be deemed to have been delivered once it is sent; if the notice is made by backstage reminder, it will be deemed to have been delivered if you continue to use it after the update. The content of the notice may have a significantly favorable or unfavorable impact on your rights and obligations, so please be sure to pay attention to it in a timely manner. We will not be responsible for your failure to receive the aforementioned notice on the day it is sent due to a change in your contact information or failure to check it in a timely manner.
All provisions regarding confidentiality, exclusivity, indemnification, and limitation of liability shall survive the termination of these Terms.
You may contact us by means of:
a. sending an E-mail to [email protected]
b. submitting an online form to https://support.hitpaw.com/#/
Last updated: April 7, 2023