15 March, 2024
BEFORE THE USE OF ANY PORTRAITME SERVICE, YOU ARE REQUIRED TO READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU MAY ONLY CREATE AN ACCOUNT AFTER HAVING READ AND ACCEPTED THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE CONDITIONS SET FORTH IN THIS DOCUMENT, PLEASE REFRAIN FROM USING OUR PRODUCTS AND SERVICE.
The following Terms govern the contractual relationships between you and Chengdu Everimaging Science & Technology Co., Ltd. ("Company"). Company reserves the right to modify or discontinue, temporarily or permanently, the Terms of Service in whole or in part with or without notice at any time. User agrees that Company shall not be liable to them or to any third party for any modification, suspension or discontinuance of service. Please also read our Privacy Policy which details how Company securely handles your personal information. Company reserves the right to change the Terms of Service, so check back to view these terms periodically for changes.
The following definitions shall apply in these terms:
1.1 "PortraitMe Service" or "Service": the service enabling generation/editing of face images operated by Company.
1.2 "PortraitMe Apps": mobile or desktop applications where PortraitMe Service is currently hosted.
1.3 "User" or "you": any natural person, legal entity or legally responsible partnership who accesses Service, with or without registration.
1.4 "Content": a collective term for any image, text, video clip, audio clip, music, sound effect, filter, transition, conversation that Users upload to Service or generated through Service.
1.5 "Paid Service": service that requires User to pay to access.
1.6 "Subscription": a form of Paid Service that requires periodic payment.
1.7 "Final Work": an end product (typically, a face image in our case) that has been generated/edited by or on behalf of User using tools provided in PortraitMe Service.
1.8 "Commercial Use of Final Work" (or abbreviated as "Commercial Use"): the use of the Final Work in connection with the operation of a business and/or any advertorial use.
1.9 "AI": stands for Artificial Intelligence.
2.1 All Content shall comply with local laws/regulations, respect third-party rights and follow commonly accepted social norms.
3.2 By using the Service, User agrees that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who has generated, transmitted, shared or posted the Content. This means that User, not Company, is entirely responsible for all Content at every stage. This includes editing, uploading, generating, posting, sharing, emailing or otherwise transmitting or making available Content via any of the service provided. Company y does not guarantee the storage of Content and is not intended as a back-up solution. User should back-up all Content that he/she considers important. Company is not responsible for Content that is lost or damaged.
3.3 General Content Requirements
User shall not upload any of the following to Service:
3.4 Additional Content Requirements for AI Related Service
3.4.1 By using AI related service, User agrees to follow guidelines below:
3.4.2 Company will not allow any use of AI related service that violates these guidelines or other terms. Company may suspend or terminate User's account if User violates these guidelines or terms.
3.4.3 User is responsible for any output Content ("Final Work") that User generates using AI related service. Currently, Company does not make any copyright claim over the output Content that User generates and does not have the ability to license or release the use of that output Content to User. All liabilities associated with Commercial Use of Final Work shall be assumed by User alone. Company assumes no liability for any output Content that User generates using AI related service.
3.5 You acknowledge that Company does not pre-screen Content, but that Company shall have the right (but not the obligation) to refuse, remove or move any Content at its sole discretion, either permanently or temporarily, because that Content violates the codes of conduct or regulations. User agrees to evaluate and bear all risks associated with the use of any Service provided by Company and is responsible for any Content that he/she edited, uploaded, posted, shared, emailed or otherwise transmitted or made available via any of the Service provided, including the safety and accuracy of such Content.
3.6 Company respects the intellectual property of others and we ask our Users to do the same. YOU WARRANT TO PORTRAITME THAT ANY CONTENT YOU INTEND TO UPLOAD AND SHARE IN THE SERVICE SHALL BE CREATED OR ORIGINATED BY YOURSELF; ANY CONTENT THAT CONTAINS THIRD-PARTY INTELLECTUAL PROPERTY SHALL HAVE OBTAINED SUFFICIENT AUTHORIZATION.
3.7 Company will investigate notices of alleged infringement promptly and will take appropriate action as per applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes infringement on your copyright or other rights, please contact us (support@fotor.com) and provide with the following information:
The software and any related images, webpages, text, tables, layouts, electronic documents used in connection with Service contain proprietary content and belong to Company. They are protected by applicable intellectual property laws. Except as expressly authorized by Company, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Service, in part or in whole. You also agree not to monitor, copy, transmit, present or upload any part of Service. You are not allowed to create mirror service to host any part of Service or to use it in similar/competing service with PortraitMe Service. Company grants you a personal, non-transferrable and non-exclusive right and license to use the Service on a single device, provided that User does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code. You agree not to access the Service by any means other than through the interface that is provided by Company for use in accessing the Service. Company reserves all rights that are not explicitly granted to Users.
5.1 Subscription
5.1.1 Company independently determines the price of Subscription and published it in the Service. The use of Subscription is subject to payment in advance. Company reserves the right to change its subscription fees at any time, upon notice to User if such change may affect User's existing Subscription.
5.1.2 Refund Policy
As PortraitMe Service is presented and delivered to User instantly once User's payment has been confirmed, User agrees that subscription fees paid by User are NOT REFUNDABLE.
5.1.3 All subscription fees shall be deemed to be in the currency and amount shown in Service, except as specifically stated otherwise in writing by Company. To the extent permitted by law (and unless specified otherwise by Company in writing), all subscription fees are exclusive of all taxes (including value added tax, sales tax, goods and service tax, etc.), levies or duties imposed by taxing authorities ("Taxes"), and User shall be responsible for payment of all applicable Taxes relating to User's use of Service, or to any payments or purchases made by User. If Company is obligated to collect or pay Taxes for the subscription fees payable by User, and whether or not such Taxes were added and collected from User for previous transactions, such Taxes may be added to the payment of any outstanding subscription fees and will be reflected in the invoice for such transaction.
5.1.4 Effect of Expiration of Subscription: once User's Subscription ends, User is not allowed to use Paid Service. The backup of User's data and Final Works is all on User but not Company.
5.1.5 PortraitMe Service may be presented to User on different platforms. Each of the platforms may have their own Paid Service. As the platforms are designed based on different pricing models, with or without registering system, the payment of Paid Service on one platform is NOT transferrable to another. User agrees that the fees paid on one platform will only allow User to access Paid Service on that platform according to its specific payment terms.
5.1.6 Subscription Renewals
5.1.6.1 In order to ensure that User does not experience any interruption or loss of Service due to the lapse of any particular Subscription Period, the Subscription operates with automatic renewal with Recurring Billings. Accordingly, where applicable, PortraitMe Service will attempt to automatically renew the applicable Service for a renewal period equal in time to the original Subscription Period for such Service, and automatically charge User the applicable subscription fees using the payment method User has on file with PortraitMe. In the event of failure to collect the subscription fees owed by User, PortraitMe may suspend (until full payment is made) User's Subscription or downgrade User's PortraitMe usage back to a free basis, without further notice.
5.1.6.2 User may discontinue to use and request to cancel Subscription, in accordance with the terms herein. The effective date for cancellation of Subscription shall be at the end of User's current Subscription Period.
5.1.6.3 User understands that as the cancellation process may take a few days, in order to avoid the next Recurring Billing, THE CANCELLATION REQUEST HAD BETTER BE MADE AT LEAST THREE (3) DAYS PRIOR TO THE EXPIRATION OF THE THEN-CURRENT SUBSCRIPTION PERIOD. For User from Apple devices, the subscription will automatically renew on expiry UNLESS THE AUTOMATIC RENEWAL IS TURNED OFF AT LEAST 24 HOURS BEFORE THE EXPIRY OF THE CURRENT SUBSCRIPTION PERIOD. You may go to the iTunes Settings to manage your subscription and turn the automatic renewal off.
5.1.7 Whether User purchases, receives or conditionally receives Subscription through Company and/or its affiliates/partners, the Subscription is limited to User's own use. User shall not resell, offer or share the Subscription with any third party. If User resells, offers or shares the Subscription with any third party, Company may revoke such User's license, regardless of whether User has passed consideration to Company or has enjoyed any promotional offer from Company. Company reserves the right to recover against such User all loss, damages, costs and charges.
5.2 Credits
5.2.1 Company may offer in Service a second billing type to User who wishes to buy a certain number of tokens once and split them into specific type/quantity of Paid Service. User who has already purchased a Subscription can also buy Credits for extra type/quantity of Paid Service.
5.2.2 Conversion Rate: Company independently determines the criteria of the number of Credits required for certain type/quantity of benefits that User can enjoy. User agrees that Company may change the Conversion Rate at any time at its sole discretion.
5.2.3 User agrees that Credits bought by User are NOT REFUNDABLE. If Credits are bought through App Store or Google Play, payment/refund policies of such stores shall apply.
6.1 Choice of Law
These Terms are governed by and construed in accordance with the laws of the People's Republic of China, without giving effect to any conflict of law principles.
6.2 Dispute Resolution
6.2.1 You and the company you represent agree, 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 Service (collectively, "Disputes") shall be settled by lawsuits.
6.2.2 You and the company you represent agree that Disputes between you and Company will be resolved by binding, individual lawsuit and you waive your right to participate in a class action lawsuit.
6.2.3 Unless you and Company both otherwise agree, the lawsuit shall be under the jurisdiction of a People's Court in Chengdu City, Sichuan Province, China. Company shall not be liable for any legal fees and/or other costs incurred prior to receiving complete notification of the claim.