Terms of Use

 

Effective Date: July 27, 2023

 

Welcome to our app ("the app", "the service", "we" or "us")! These terms of service constitute an agreement between you and us, outlining your rights and responsibilities regarding the use of our mobile apps.

 

Before using our app and its related services, it is essential to thoroughly review and accept all the terms and conditions stated herein. If you do not agree with any of these terms or provisions in the terms of use, you will not be authorized to access or use the app, or avail yourself of any services provided by our app. By proceeding with the download, installation, and/or use of our app and/or its related services, you indicate your complete understanding of, and agreement to, the constraints outlined in the Umagic AI terms of service. Furthermore, please note that we are not responsible for the products/services provided by Third Parties through our app. If you wish to use their products/services, you must comply with their respective terms.

 

Our Services

 

We grant you access to our services, enabling you to use our app for various functionalities, such as photo editing, video play, and other features we may provide.

 

Intellectual Property

 

All material available on the Service, and all material and services provided by or through our app, our company’s employees, agents, and licensors will remain the exclusive property of us and our licensors.

 

Except as explicitly provided herein, nothing in this agreement will be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, or create derivative work from any Material. You own the content you create by using Umagic AI’s Services. Umagic AI will not have any ownership rights in the content you created.

 

We take intellectual property rights seriously and are committed to maintaining a lawful and respectful platform for our users. If you discover any content in our app that infringes on intellectual property rights or the rights of others, you can contact us at []. Upon receiving a valid notice of infringement, we will take swift action to investigate and address the issue accordingly, which may include removing the infringing content from the app. At the same time, the developer reserves the right to prohibit any person who repeatedly infringes the intellectual property rights of others from continuing to access its app or other services. We appreciate your cooperation in helping us uphold the integrity of our platform and respecting the rights of all creators and copyright owners.

 

Disclaimer

In the Inspiration section, we provide free prompts in various categories, along with AI-generated images based on these prompts for users' reference. These prompt templates are available to all users free of charge, irrespective of whether they have paid for our app or not.

It is important to understand that our app does not charge users separately for these prompt templates, and therefore, we do not make any representations or warranties regarding the quality, copyright, availability, or suitability for specific purposes of these prompt templates. Users agree that when using the free prompt templates, they should independently assess their appropriateness and assume all risks and responsibilities. We hereby disclaim any liability related to the use of these templates.

Please note that the prompt templates provided are intended solely for inspiration and reference purposes. Users are responsible for their creative choices and should exercise caution while using the prompts to ensure they comply with copyright laws and respect the intellectual property rights of others. While we strive to offer helpful and relevant content, the final output and its legal implications remain the user's responsibility.

 

Your Responsibilities

 

In order to use our services and materials, you must agree that you bear full responsibility for all your actions while using this app and any content or materials, such as data, text, files, information, images, photos, and others ("User Content"), that you create, generate, modify, submit, publish, or display through it. Before using our app to edit materials, ensure that you have obtained all the necessary rights and authorizations from the original material's rights holders and any individuals depicted in the material. Additionally, you must adhere to all other legal requirements. The app must not be used for any purpose that violates laws, or regulations, or infringes upon the rights of others. We cannot be held liable for your actions on this app. Therefore, you assume full responsibility for your use of the app and any content or materials you create or generate using it. If you fail to comply with these terms or engage in any unauthorized or unlawful activities, you must immediately cease using the app and delete it from your mobile device.

 

Payment

 

If you have paid for one of our app’s subscriptions, you can access responding paid features and materials for free. Subscription auto-renews before the end of the current period, unless canceled 24 hours in advance. Subscriptions can’t be transferred between different systems. This purchase can only be used on Android.

 

User Content

 

When using our app, you may post, upload or otherwise contribute content to the Service ("User Content"). You promised that you are solely responsible for all User Content that you posted and own or have the right to post or edit such User Content.

 

Terms of Termination

 

The agreement will continue to apply until terminated by either you or our app as follows. We may cease providing you with all or part of the services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us.

We reserve the right to remove any content that is considered offensive and retain the sole discretion to determine the criteria for such removal. Offensive content includes but is not limited to material that is unlawful, harmful, threatening, abusive, harassing, deceptive, defamatory, or disparaging towards others. It also includes content that promotes hate crimes, hate speech, discrimination, or incites harm or violence against individuals, groups, or minorities. Additionally, any content that may harm minors, involve the disclosure of personal information, or violate privacy rights is deemed offensive. We strictly prohibit the presence of vulgar, offensive, discriminatory, obscene, or pornographic content, as well as any unauthorized advertisements, spam, chain letters, pyramid schemes, or other forms of solicitation. Moreover, any content containing software viruses or malicious materials designed to disrupt, damage, or limit the functionality of computers, mobile devices, software, hardware, or telecommunications equipment is strictly prohibited.

 

While we cannot pre-screen or monitor all content in real-time, we reserve the right to monitor the content submitted through our app. By using the app, users acknowledge and agree that they have no expectation of privacy regarding the content they submit. Users provide their irrevocable consent to such monitoring. We may choose to edit, modify, refuse to publish, or remove any content that violates its guidelines and policies. However, we are not obligated to undertake such actions.

 

Limitation of Liability

 

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service.

 

In no event shall our cumulative liability to you exceed the total purchase price of the Service you have purchased, and if no purchase has been made by you, our cumulative liability to you shall not exceed $100.

 

Warranties

 

Unless stated in the Additional Terms, the services and software are provided "AS-IS." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the services. We further disclaim any warranty that (A) the services or software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (B) the results obtained from the use of the services or software will be effective, accurate, or reliable; (C) the quality of the services or software will meet your expectations; or (D) any errors or defects in the services or software will be corrected.

 

Link to Other Websites

 

The Service contains links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with us. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

Privacy Policy

 

Please also see our Privacy Policy carefully, which is not part of this Agreement.

 

Change to the Terms

 

We may revise and update this Agreement, in our sole direction. And we will notify you that we have updated our terms. If you continue to use our services, it means you accept the updated version of this Agreement.

 

Other Terms

 

These Terms of Use shall be governed by the laws of Singapore without regard to the conflicts of laws rules of any jurisdiction. If you have a dispute with us, both parties should try their best to resolve it through friendly negotiation. Please feel free to contact us at [].