Terms Of Use
Last amended: September 4th, 2023
Please read carefully these Terms of Use (“Terms”) and our Privacy Policy before using the services offered by Lumen Digital LTD (also AIYou, “we”, “us”). These Terms constitute a legally binding agreement between AIYou and User (also “you”, “your”), which regulates your use of the website located at hey.AIYou.ai/ (the “Site”) and services accessible via the Site and the AIYou mobile application (“App”). To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND AIYOU THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 14 “GOVERNING LAW AND DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
By using our Services, downloading the App from the Apple App Store or other platform, installing the application, you agree to be bound by these Terms and AIYou Privacy Policy (“Privacy Policy”). If you do not agree to these Terms, do not access or use our Services.
1. Description of Services
The AIYou Services comprise an online synthetic media application that uses artificial intelligence algorithms to generate unique content. To begin, you may choose a picture, or take a picture using your device camera.
(a) Upload. Then you may upload a GIF, video, image, photo or picture with faces from your mobile device in the supported format and file size (“Face Content”).
(b) Swap. After the first two steps are successfully completed, you may click the button “AIYou” or any other similar option. AIYou artificial intelligence algorithms scan either a picture, a GIF or a video and a chosen image, find the faces and instantly swap them into a new object – a picture, a GIF or a video (“Generated Content”).
(c) Share & Download. You may share the Generated Content with others via social media, e-mail or otherwise via the functionality of the Services and/or download it directly to your device. You understand and agree that if you choose to share the Generated Content, it becomes publicly available and may be seen by anyone within the App.
(d) Scope of the Services. AIYou reserves the right to change the functionality of the Services and change/introduce prices and fees applicable to the Services at any time for any reason in its sole discretion and without advance notice.
(e) Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
2. Who Can Use the Services
You must be at least 13 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory), and not otherwise barred from using the Services under applicable law to access or use our Services. For certain features of the Services you will need an account. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account.
3. AIYou Content
(a) AIYou Intellectual Property. Our Services and AIYou’s proprietary text, graphics, images, illustrations, trademarks, trade names, page headers, button icons, scripts and other content contained therein (“AIYou Content”) are owned by AIYou or its subsidiaries or affiliated companies, and is protected by copyright, patent, trade secret and other intellectual property laws. Except as explicitly stated in these Terms, AIYou reserves all rights in and to our Services.
(b) License. If you comply with these Terms, AIYou hereby grants you a limited, worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your own personal non-commercial purposes.c.
(c) Use Restrictions. Except as expressly permitted in these Terms, you may not: (a) sell or commercially use any part of our Services; (b) copy, reproduce, distribute, publicly perform or publicly display any part of our Services; (c) modify or create derivative works based on our Services, including, without limitation, removing any proprietary rights notices; (d) reverse engineer, decompile, disassemble or attempt to extract the source code of the Services (unless applicable law permits, despite this limitation); (e) distribute, transfer, sublicense, lease, lend or rent the Services to any third party; or (f) use our Services other than as expressly provided in these Terms.
(d) The licenses granted to you by AIYou does not cover any third-party GIFs, videos, or other content available on the Services. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted to you under these Terms.
4. User Content
(a) Posting Content. Our Services may allow you to store or share content such as files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services including, without limitation, Face Content, Generated Content and your content contributions to the Pre-sets Catalogue, is referred to as “User Content”. AIYou does not claim ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
(b) Permissions to Your User Content. By making any User Content available through the Services you hereby grant AIYou a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.
(c) Your Representations and Warranties. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by AIYou on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(d) Your Responsibility for User Content. You hereby acknowledge that you are solely responsible for your User Content. The information and materials in the User Content, including User Content that includes AIYou Content, have not been verified or approved by us. The views expressed by other users on the Services do not represent our views or values. We accept no liability in respect of any content submitted by users.
(e) Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
(f) Sharing User Content. If you share the Generated Content publicly through the Services or in any other way, you acknowledge that such content will be accessible to others. Any such content will be considered non-confidential and non-proprietary. Please do not submit or post any User Content that you do not want to be publicly accessible or viewable.
5. Prohibited Conduct and Content
AIYou is an inclusive platform created exclusively for fun and we want users to have fun in a safe space using the Services. We explicitly prohibit any harassment, bullying, or stalking and make every effort to build a safe and supportive environment for our community. By accessing and/or using the Services, you hereby agree to comply with the community rules and guidelines (“Community Guidelines”) available at hey.AIYou.ai/guidelines/. We encourage our community to report any content that they see on the Services that they believe contradicts or violates these guidelines via our App or by email (hello@AIYou.ai).
6. Monitoring of Content
AIYou is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. Without limiting the foregoing, AIYou may remove, at any time and without notice, any material that AIYou, in its sole discretion, finds to be in violation of these Terms or otherwise objectionable. If you have noticed any violation of these Terms from your perspective, content of any nature whatsoever, please contact us at hello@AIYou.ai or use in-app report form. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
7. Fees and Payments
(a) General. AIYou requires payment of a fee for use of certain features or functions of the Services (the “PRO Features”). You have the option of making a one-time payment (“One-Time Payment”) or purchasing a subscription (“Subscription”) for such use. Whether you make a One-Time Payment or purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties to charge your payment method for the Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your purchase (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
(b) Subscriptions. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE AIYou TO INITIATE RECURRING, NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you the Subscription fee posted on the Services, plus any applicable taxes, and other charges (the “Subscription Fee”) at the beginning of your Subscription, and then at the frequency thereafter that is indicated on the Services and/or in these Terms at the then-current Subscription Fee, using the Payment Information you have provided until you cancel your Subscription. If you purchase an annual Subscription or a lifetime Subscription, no less than thirty (30) days and no more than sixty (60) days before your Subscription term ends, or otherwise in accordance with applicable law, AIYou will send you a reminder with the then-current Subscription Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or AIYou. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms. For the purposes of the lifetime Subscription, lifetime constitutes 30 years or until the date Lumen Digital LTD ceases to commercially offer the Services, whatever period is shorter. We make no warranties as to the expected duration of the lifetime Subscription and its related Services. You acknowledge and agree that the Services under the lifetime Subscription may change or terminate in the future. You may not assign, transfer, or resell in any way the lifetime Subscription to any other person. We reserve the right to revise the terms of or make changes to the lifetime Subscription by updating these Terms accordingly, provided that we will not shorten the duration of the lifetime Subscription specified above.
(c) Free Trial. From time to time, we may offer new users free Subscription access to certain PRO Features for a time period posted on the Services (a “Free Trial”). If you decide that you do not want to become a paying user of the Services, you must cancel the applicable Subscription twenty-four (24) hours before your Free Trial expires. If you do not cancel the applicable Subscription twenty-four (24) hours before your Free Trial expires, AIYou will automatically charge you for the applicable Subscription pursuant to Section 7(b) above.
(d) Cancelling Your Subscription. If you are dissatisfied with the PRO Features, you may cancel a Transaction for a full refund within two (2) calendar days of your initial purchase. AFTER THAT, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction, we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to hello@AIYou.ai. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then-current Subscription period and will then terminate without further charges. (a) General. AIYou requires payment of a fee for use of certain features or functions of the Services (the “PRO Features”). You have the option of making a one-time payment (“One-Time Payment”) or purchasing a subscription (“Subscription”) for such use. Whether you make a One-Time Payment or purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties to charge your payment method for the Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your purchase (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
8. Copyright Policy
AIYou respects copyright law and expects its users to do the same. It is AIYou’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
9. Indemnification
You hereby agree to indemnify and hold AIYou, any of its officers, directors, employees and agents and its affiliated and related entities, harmless from and against any claims, disputes, costs, losses, liabilities, damages, expenses and judgments of any and every kind, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.
10. Privacy
AIYou respects your privacy and has established certain policies and procedures relating to the collection and use of your personal information. Please check our Privacy Policy at hey.AIYou.ai/privacy/ to be aware of how we collect, use and share your personal information when you use our Services.
11. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER AIYou NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AIYou OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL AIYou’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO AIYou FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO AIYou AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AIYou AND YOU.
13. Links to Third Party Websites
The Services may contain links to third-party websites, services, and other resources. Please note, their presence does not mean that they are recommended by AIYou, and AIYou does not guarantee their safety and conformity with any of your expectations. AIYou is not responsible for maintaining any materials referenced from another website, and makes no warranties for that website or respective service. AIYou assumes no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and services.
14. Governing Law and Dispute Resolution
(a) Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in this Section, the exclusive jurisdiction for all Disputes (defined below) that you and AIYou are not required to arbitrate will be the state and federal courts located in Wilmington, Delaware and you and AIYou each waive any objection to jurisdiction and venue in such courts.
(b) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and AIYou agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and AIYou are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(c) Exceptions. As limited exceptions to Section 14(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(d) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(e) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(f) Injunctive and Declaratory Relief. Except as provided in Section 14(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(g) Class Action Waiver. YOU AND AIYou AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then Section 14(b), (c), (d), (e), (f), and (g) shall be null and void.
15. Changes to our Terms
We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the App and/or may also send other communications. It’s important that you review the Terms whenever we update them, or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore.
16. Termination
We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at hello@AIYou.ai. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 3(a), 4(b), 4(c), 4(e), 5, 7 (only for payments due and owing to AIYou prior to the termination), 9, 11, 12, 14, 16, 17 and 19.
17. Severability
With the exception of any of the provisions in Section 14(g) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
18. Rights and Terms for Apps
This Section applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.
19. General Terms
(a) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between AIYou and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between AIYou and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without AIYou’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. AIYou may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(b) Notices. Any notices or other communications provided by AIYou under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
(c) Waiver of Rights. AIYou’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AIYou. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
20. Contacts
We hope these Terms helped you to understand how the Services work and be sure everything is foreseeable and safe while using it. If you have any questions regarding the use of Services or regarding these Terms, please contact us at hello@lumen-digital.com
Please read carefully these Terms of Use (“Terms”) and our Privacy Policy before using the services offered by Lumen Digital LTD (also AIYou, “we”, “us”). These Terms constitute a legally binding agreement between AIYou and User (also “you”, “your”), which regulates your use of the website located at hey.AIYou.ai/ (the “Site”) and services accessible via the Site and the AIYou mobile application (“App”). To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND AIYOU THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 14 “GOVERNING LAW AND DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
By using our Services, downloading the App from the Apple App Store or other platform, installing the application, you agree to be bound by these Terms and AIYou Privacy Policy (“Privacy Policy”). If you do not agree to these Terms, do not access or use our Services.
1. Description of Services
The AIYou Services comprise an online synthetic media application that uses artificial intelligence algorithms to generate unique content. To begin, you may choose a picture, or take a picture using your device camera.
(a) Upload. Then you may upload a GIF, video, image, photo or picture with faces from your mobile device in the supported format and file size (“Face Content”).
(b) Swap. After the first two steps are successfully completed, you may click the button “AIYou” or any other similar option. AIYou artificial intelligence algorithms scan either a picture, a GIF or a video and a chosen image, find the faces and instantly swap them into a new object – a picture, a GIF or a video (“Generated Content”).
(c) Share & Download. You may share the Generated Content with others via social media, e-mail or otherwise via the functionality of the Services and/or download it directly to your device. You understand and agree that if you choose to share the Generated Content, it becomes publicly available and may be seen by anyone within the App.
(d) Scope of the Services. AIYou reserves the right to change the functionality of the Services and change/introduce prices and fees applicable to the Services at any time for any reason in its sole discretion and without advance notice.
(e) Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
2. Who Can Use the Services
You must be at least 13 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory), and not otherwise barred from using the Services under applicable law to access or use our Services. For certain features of the Services you will need an account. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account.
3. AIYou Content
(a) AIYou Intellectual Property. Our Services and AIYou’s proprietary text, graphics, images, illustrations, trademarks, trade names, page headers, button icons, scripts and other content contained therein (“AIYou Content”) are owned by AIYou or its subsidiaries or affiliated companies, and is protected by copyright, patent, trade secret and other intellectual property laws. Except as explicitly stated in these Terms, AIYou reserves all rights in and to our Services.
(b) License. If you comply with these Terms, AIYou hereby grants you a limited, worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your own personal non-commercial purposes.c.
(c) Use Restrictions. Except as expressly permitted in these Terms, you may not: (a) sell or commercially use any part of our Services; (b) copy, reproduce, distribute, publicly perform or publicly display any part of our Services; (c) modify or create derivative works based on our Services, including, without limitation, removing any proprietary rights notices; (d) reverse engineer, decompile, disassemble or attempt to extract the source code of the Services (unless applicable law permits, despite this limitation); (e) distribute, transfer, sublicense, lease, lend or rent the Services to any third party; or (f) use our Services other than as expressly provided in these Terms.
(d) The licenses granted to you by AIYou does not cover any third-party GIFs, videos, or other content available on the Services. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted to you under these Terms.
4. User Content
(a) Posting Content. Our Services may allow you to store or share content such as files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services including, without limitation, Face Content, Generated Content and your content contributions to the Pre-sets Catalogue, is referred to as “User Content”. AIYou does not claim ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
(b) Permissions to Your User Content. By making any User Content available through the Services you hereby grant AIYou a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.
(c) Your Representations and Warranties. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by AIYou on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(d) Your Responsibility for User Content. You hereby acknowledge that you are solely responsible for your User Content. The information and materials in the User Content, including User Content that includes AIYou Content, have not been verified or approved by us. The views expressed by other users on the Services do not represent our views or values. We accept no liability in respect of any content submitted by users.
(e) Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
(f) Sharing User Content. If you share the Generated Content publicly through the Services or in any other way, you acknowledge that such content will be accessible to others. Any such content will be considered non-confidential and non-proprietary. Please do not submit or post any User Content that you do not want to be publicly accessible or viewable.
5. Prohibited Conduct and Content
AIYou is an inclusive platform created exclusively for fun and we want users to have fun in a safe space using the Services. We explicitly prohibit any harassment, bullying, or stalking and make every effort to build a safe and supportive environment for our community. By accessing and/or using the Services, you hereby agree to comply with the community rules and guidelines (“Community Guidelines”) available at hey.AIYou.ai/guidelines/. We encourage our community to report any content that they see on the Services that they believe contradicts or violates these guidelines via our App or by email (hello@AIYou.ai).
6. Monitoring of Content
AIYou is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. Without limiting the foregoing, AIYou may remove, at any time and without notice, any material that AIYou, in its sole discretion, finds to be in violation of these Terms or otherwise objectionable. If you have noticed any violation of these Terms from your perspective, content of any nature whatsoever, please contact us at hello@AIYou.ai or use in-app report form. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
7. Fees and Payments
(a) General. AIYou requires payment of a fee for use of certain features or functions of the Services (the “PRO Features”). You have the option of making a one-time payment (“One-Time Payment”) or purchasing a subscription (“Subscription”) for such use. Whether you make a One-Time Payment or purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties to charge your payment method for the Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your purchase (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
(b) Subscriptions. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE AIYou TO INITIATE RECURRING, NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you the Subscription fee posted on the Services, plus any applicable taxes, and other charges (the “Subscription Fee”) at the beginning of your Subscription, and then at the frequency thereafter that is indicated on the Services and/or in these Terms at the then-current Subscription Fee, using the Payment Information you have provided until you cancel your Subscription. If you purchase an annual Subscription or a lifetime Subscription, no less than thirty (30) days and no more than sixty (60) days before your Subscription term ends, or otherwise in accordance with applicable law, AIYou will send you a reminder with the then-current Subscription Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or AIYou. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms. For the purposes of the lifetime Subscription, lifetime constitutes 30 years or until the date Lumen Digital LTD ceases to commercially offer the Services, whatever period is shorter. We make no warranties as to the expected duration of the lifetime Subscription and its related Services. You acknowledge and agree that the Services under the lifetime Subscription may change or terminate in the future. You may not assign, transfer, or resell in any way the lifetime Subscription to any other person. We reserve the right to revise the terms of or make changes to the lifetime Subscription by updating these Terms accordingly, provided that we will not shorten the duration of the lifetime Subscription specified above.
(c) Free Trial. From time to time, we may offer new users free Subscription access to certain PRO Features for a time period posted on the Services (a “Free Trial”). If you decide that you do not want to become a paying user of the Services, you must cancel the applicable Subscription twenty-four (24) hours before your Free Trial expires. If you do not cancel the applicable Subscription twenty-four (24) hours before your Free Trial expires, AIYou will automatically charge you for the applicable Subscription pursuant to Section 7(b) above.
(d) Cancelling Your Subscription. If you are dissatisfied with the PRO Features, you may cancel a Transaction for a full refund within two (2) calendar days of your initial purchase. AFTER THAT, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction, we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to hello@AIYou.ai. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then-current Subscription period and will then terminate without further charges. (a) General. AIYou requires payment of a fee for use of certain features or functions of the Services (the “PRO Features”). You have the option of making a one-time payment (“One-Time Payment”) or purchasing a subscription (“Subscription”) for such use. Whether you make a One-Time Payment or purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties to charge your payment method for the Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your purchase (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
8. Copyright Policy
AIYou respects copyright law and expects its users to do the same. It is AIYou’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
9. Indemnification
You hereby agree to indemnify and hold AIYou, any of its officers, directors, employees and agents and its affiliated and related entities, harmless from and against any claims, disputes, costs, losses, liabilities, damages, expenses and judgments of any and every kind, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.
10. Privacy
AIYou respects your privacy and has established certain policies and procedures relating to the collection and use of your personal information. Please check our Privacy Policy at hey.AIYou.ai/privacy/ to be aware of how we collect, use and share your personal information when you use our Services.
11. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER AIYou NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AIYou OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL AIYou’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO AIYou FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO AIYou AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AIYou AND YOU.
13. Links to Third Party Websites
The Services may contain links to third-party websites, services, and other resources. Please note, their presence does not mean that they are recommended by AIYou, and AIYou does not guarantee their safety and conformity with any of your expectations. AIYou is not responsible for maintaining any materials referenced from another website, and makes no warranties for that website or respective service. AIYou assumes no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and services.
14. Governing Law and Dispute Resolution
(a) Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in this Section, the exclusive jurisdiction for all Disputes (defined below) that you and AIYou are not required to arbitrate will be the state and federal courts located in Wilmington, Delaware and you and AIYou each waive any objection to jurisdiction and venue in such courts.
(b) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and AIYou agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and AIYou are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(c) Exceptions. As limited exceptions to Section 14(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(d) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(e) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(f) Injunctive and Declaratory Relief. Except as provided in Section 14(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(g) Class Action Waiver. YOU AND AIYou AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then Section 14(b), (c), (d), (e), (f), and (g) shall be null and void.
15. Changes to our Terms
We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the App and/or may also send other communications. It’s important that you review the Terms whenever we update them, or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore.
16. Termination
We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at hello@AIYou.ai. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 3(a), 4(b), 4(c), 4(e), 5, 7 (only for payments due and owing to AIYou prior to the termination), 9, 11, 12, 14, 16, 17 and 19.
17. Severability
With the exception of any of the provisions in Section 14(g) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
18. Rights and Terms for Apps
This Section applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.
19. General Terms
(a) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between AIYou and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between AIYou and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without AIYou’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. AIYou may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(b) Notices. Any notices or other communications provided by AIYou under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
(c) Waiver of Rights. AIYou’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AIYou. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
20. Contacts
We hope these Terms helped you to understand how the Services work and be sure everything is foreseeable and safe while using it. If you have any questions regarding the use of Services or regarding these Terms, please contact us at hello@lumen-digital.com