AI Thumbnail Maker LLC (hereinafter referred to as "MyMood AI", "we", "us" or "our") owns and operates the website available at mymoodai.app (the “Site”) and the mobile application MyMood AI: AI Photo Generator (the “App”). The Site, App, and any related products or services that are created, provided in connection with, or incorporated into the Site or App are hereinafter collectively referred to as the “Services”). We are a mobile tech company focused on deep learning-based products. Our aim is to offer the most innovative avatar and thumbnail making tools on the internet.
These terms and conditions/end user license agreement (“Terms”) govern any use of our Services by you or any other individual who uses or interacts with such Services. These Terms only apply to the Services identified above. Other software products, websites, applications, social media accounts, or other content or materials may have their own terms and conditions, which should be reviewed.The effective date of these Terms is April 13, 2024.
IMPORTANT, PLEASE READ CAREFULLY – ARBITRATION NOTICE: BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN YOU AND MYMOOD AI WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AS SET FORTH IN THESE TERMS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
For any questions regarding these Terms or MyMood AI, please contact us at support@mymoodai.app. Additional contact information can be found in Section 23 (How to Contact Us) of these Terms.
The MyMood AI App utilizes a Neural Network Model known as Stable Diffusion to create custom Magic Avatars for users. Stable Diffusion is provided by a third party, Stability AI Ltd., and any use of Stable Diffusion is subject to the Acceptable Use Policy for Stability AI technology, currently available at https://stability.ai/use-policy, and any other terms or policies governing the use of Stable Diffusion, which should be reviewed before using our Services. If you have any questions about this third-party technology, check out the stability.ai website.
Here's how our Services work: The user uploads 10 to 20 photos and selects their gender (or opts for "Other" if preferred). This information is used to retrain a copy of the Stable Diffusion model to personalize the Avatars. The generated Avatars and retrained model copy are then deleted from our servers permanently. There are restrictions on how Avatars can be used (e.g. no photos of others without consent), which can be found in Section 6.
Please note, we do not use your personal information or data to train or create other AI products. While we make efforts to monitor the AI model settings, it is possible that you may come across content that you find inappropriate. If this occurs, please reach out to us at support@mymoodai.app and we will investigate the issue. Lastly, we kindly request that you follow the rules for using MyMood AI’s Services as outlined in Section 6 of these Terms.
In accordance with 47 U.S.C. § 230, parents should be aware that there are parental control protections (such as computer hardware, software, or filtering services) that are commercially available and may assist them in limiting access to material that is harmful to or inappropriate for minors. Examples of some of these protection services include Qustodio, Net Nanny and Kaspersky Safe Kids. Please note that MyMood AI in no way endorses or is responsible for these parental control services.
1. DESCRIPTION OF SERVICES
Utilizing AI algorithms, MyMood AI’s Services primarily are provided through the App which enables users to upload and modify photos and videos in accordance with our Privacy Policy. We may change, expand, or improve the App at any time without prior notice and this may include disabling certain features. Additionally, using the App does not guarantee access to or availability of the aforementioned features. Any modifications or removals of parts of MyMood AI’s Services are solely at our discretion.
2. ELIGIBILITY
To use MyMood AI’s Services, you must be at least 16 years old. If you are under the age of 18 (or the age of legal majority in your jurisdiction), you may only use MyMood AI’s Services with your parent’s or guardian's supervision and agreement to these Terms. The responsibility for the actions of any minors under the age of 18 (or legal majority in your jurisdiction) falls on the parent or guardian of each minor.
o use the Magic Avatars feature or any other aspect of our Services which includes content that is only intended for adults, you must be of legal age as determined by the jurisdiction where you reside. If you know of any minors using any adults-only aspect or feature of our Services, please inform us at support@mymoodai.app (refer to Section 23 of these Terms for contact details).You agree and promise to only provide accurate information and to use MyMood AI’s Services in compliance with all applicable laws. Previous violators and those prohibited from using MyMood AI’s Services are not eligible to use or interact with our Services.
3. USER ACCOUNTS AND ACCOUNT SECURITY
By creating an account with MyMood AI, you take on the responsibility of keeping your login information confidential and secure. You acknowledge that you are solely responsible for all activity that occurs or any liability that arises through the use of your account, even if it's without your knowledge or consent, and that any transactions or transmissions which occur through the use of your account will be deemed to have been performed or initiated by you . Keeping your account information accurate and updated is your responsibility, and you agree to let us know immediately of any security breaches you suspect. If MyMood AI suspends or terminates your account for the Services, you acknowledge that all data associated with your account will no longer be available to you.
MyMood AI is not liable for any loss or damage that occurs through the use of your account for the Services, or for the violations of anyone using your account. To register your account, you may use a valid account from the mobile app marketplace where you downloaded MyMood AI, such as Apple’s App Store or Google Play. Keep in mind that your use of and interactions with these third-party service providers are outside of our control, and any use of such third-party services is governed solely by the third-party provider’s terms and conditions, privacy policy(ies), or other agreements and policies that are relevant for the applicable third-party service.
4. PRIVACY
Please refer to our Privacy Policy for information about how we collect, process and transfer information about you when you use our Services or otherwise interact with MyMood AI. Any transfer, use, and storage of information about you through your use of our Services or other interactions with MyMood AI is governed by our Privacy Policy, the terms of which are incorporated herein by reference and made a part of these Terms. You acknowledge and agree that your personal information and other data collected through your use of our Services or other interactions with MyMood AI may be handled in accordance with our Privacy Policy.
5. USER CONTENT
TL;DR: You can upload your photos or videos through MyMood AI’s Services and make creative edits or Avatars using AI. Your original and edited content belongs to you, but you give us your permission to use it according to these Terms.
Certain parts of MyMood AI’s Services allow you and other third parties who use our Services to upload, edit, store and share content like photos, images, videos, comments, suggestions, graphics, drawings, designs, or other similar visual or audio date or materials, which are collectively referred to in these Terms as "User Content." We do not own any User content, including AI-generated Avatars made through the use of our Services. By uploading or submitting any User Content to MyMood AI, you grant us a limited, non-exclusive, worldwide, perpetual, irrevocable, sublicensable, royalty-free, and freely transferable right (including moral rights) and license to use, copy, modify, create derivative works of, delete, transmit, publish, display, perform, translate, sell, and distribute your User Content, and to incorporate such User Content into any form or medium now known or hereinafter invented, without compensation to you, subject to your explicit consent where required by law, for the purposes of: (a) displaying and demonstrating the capabilities and functioning of the Services; (b) marketing or promoting the Services; and/or (c) for any other purposes to which you consent. This license includes any right of publicity rights that may be present in the User Content, and helps us operate and improve MyMood AI’s Services, including training the AI for the Magic Avatars feature. You agree that any User Content you provide is not subject to a duty of confidentiality, and that MyMood AI is not responsible for any harm to you or anyone you authorize to use your account for the Services, to the extent such harm arises through the use of any User Content.
The User Content you upload must comply with certain rules as set forth in these Terms. To put it simply, you must either own the User Content you upload or have the proper license or permission to provide such User Content through our Services. If you upload User Content featuring someone other than yourself, make sure you have their consent. If claims are made against MyMood AI due to your unauthorized use of third-party content or someone else’s personal information, image, or likeness, you will be responsible for indemnifying MyMood AI against such claims and compensating MyMood AI for any resulting damages.
By uploading or submitting any User Content to MyMood AI, you represent and warrant that:
-You own such User Content or have the right to grant to MyMood AI the rights and licenses to such User Content as stated in these Terms;
-You will pay for any royalties or fees owed for the User Content you upload through MyMood AI’s Services;
-You have obtained the necessary consent from anyone depicted in the User Content you upload or submit;
and
-You have the legal capacity to agree to these Terms.
It's important to not upload User Content that violates these Terms or that you don't have the right to use. You also agree to indemnify MyMood AI against any claims which arise from any unauthorized use of third-party content that you may have incorporated into any User Content you provide. Please note that MyMood AI earns revenue through advertisements and may display ads and promotions with your User Content. The way, frequency, and extent of these ads may change without notice. MyMood AI is not responsible for any loss of User Content that occurs as a result of factors outside of our control, such as a security breach.
You hereby agree that to the extent you include in your User Content any personal information, MyMood AI may process and disclose such information as necessary to: (i) fulfill our obligations under these Terms; (ii) comply with any applicable legal obligations; (iii) avoid any imminent harm to you or another person; (iv) carry out tasks in the public interest; or (v) pursue other legitimate interests as set forth in these Terms, provided such legitimate interests are not overridden by the interests or fundamental rights and freedoms of the person whose information is at issue. You agree to use the Services in accordance with all applicable privacy laws and regulations, and will provide notice and obtain consent as necessary to transfer or disclose any third party’s personal information to MyMood AI and its vendors or their respective affiliates, subcontractors, agents, successors and/or assigns in connection with the provision of our Services.MyMood AI reserves the right to comply and cooperate with any and all legal requirements, regulatory authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, information related to your User Content. You waive and hold MyMood AI harmless from any claims resulting from any action we take during or as a result of an investigation and/or from any actions taken as a consequence of investigations by either MyMood AI or law enforcement in relation to your User Content. You acknowledge and agree that MyMood AI may refuse, alter, edit, delete, or disclose any User Content in whole or in part without cause and without notice for any legitimate purpose including, but not limited to, to address any User Content that MyMood AI determines is inappropriate or disruptive to the Services or to any other user of the Services. You further acknowledge that disputes arising from an alleged violation of intellectual property rights may result in MyMood AI suffering irreparable harm and that, in the event of such a dispute, MyMood AI may obtain a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies.
You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any User Content you make available on or through the Services.
MYMOOD AI HAS NO OBLIGATION OR DUTY TO, AND DOES NOT REPRESENT THAT IT WILL, MONITOR, CHANGE, OR REMOVE ANY USER CONTENT. ALL USER CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND.
6. PROHIBITED BEHAVIOR & CONTENT
TL;DR: The following non-exhaustive list details actions that are considered a violation of these Terms, which again constitutes a binding agreement between you and MyMood AI. To keep the user experience positive, it's important to use MyMood AI’s Services responsibly and within the bounds of these Terms.
MyMood AI lets you utilize AI to create Avatars, just like you would with any other image creation tool. You own the rights to the Avatars generated through our AI. However, it's your sole responsibility to make sure that using the Avatars you create doesn't violate any applicable laws (e.g. privacy, IP), and isn't done in a way that is offensive, obscene, harmful, or spreading misinformation. We recommend erring on the side of caution if you're unsure about the legality of using the Avatars for any purposes. Also, selling or using the Avatars for third-party gain or in any way not allowed under these Terms is prohibited.
You must comply with any applicable contracts, laws, and third-party rights, and are solely accountable for your behavior while using MyMood AI’s Services. You guarantee, promise, and agree not to engage in the following prohibited behavior while using MyMood AI:
-Behavior that’s harmful, fraudulent, deceptive, harassing, threatening, intimidating, obscene, or otherwise objectionable;
-Selling or using User Content, Avatars, or any MyMood AI Content (defined below) for third-party gain, or in any manner not allowed under these Terms;
-Interfering with, disrupting, negatively affecting, or damaging MyMood AI, our Services, or other users' enjoyment of MyMood AI’s Services;
-Decrypting, decompiling, disassembling, or reverse engineering MyMood AI’s Services or underlying software, accessing any unauthorized parts of MyMood AI’s Services, or scraping data from MyMood AI;
-Using third-party applications or displaying or mirroring MyMood AI’s Services without our prior express written consent; Using trademarked materials without consent;
-Gaining unauthorized access to, interfering with, or disrupting servers, computers, or databases connected to MyMood AI’s systems or network;
-Copying, modifying, hosting, sublicensing, or reselling MyMood AI Content, any Services, or underlying software;
-Any other illegal or unauthorized activities, including without limitation, promoting any activities that violate these Terms; and/or
-Advertising products/services through MyMood AI’s Services without our prior express written approval.
Your use of MyMood AI’s Services must comply with these Terms. Only share non-confidential information or content for which you have the necessary rights. Do not upload, store, or share any content that:
-is illegal, offensive, abusive, or fraudulent;
-encourages criminal activity or violates anyone's privacy, publicity, or other rights;
-sexualizes others, including but not limited to minors, or facilitates inappropriate interactions;
-infringes on anyone's intellectual property rights;
-reveals anyone's private or personal information without consent;
-contains harmful files or content; and/or
-is otherwise objectionable or harmful in any way.
Additionally, you agree not to use MyMood Ai’s Services or the Stable Diffusion AI technology for purposes that violate the Stable Diffusion AI license or any other terms governing the use of Stable Diffusion AI, including but not limited to the use of such technology for the purpose of:
-breaking any laws;
-harming minors;
-spreading false or harmful information;
-revealing personal information to cause harm;
-defaming or harassing others;
-making automated decisions that harm individuals;
-discriminating against individuals or groups;
-exploiting vulnerable groups;
-providing medical advice; and/or
-using information for justice or law enforcement purposes.
In using the Services, you may interact with other users of MyMood AI’s Services. You are solely responsible for any such interaction and agree to do so in a manner that is legal, respectable, and consistent with these Terms. MyMoodAI is not responsible for the conduct of any other user of the Services who may interact with you, regardless of whether or not it is done through the Services. Much of the information and other content circulated through the Services is User Content. MyMood AI cannot guarantee that any User Content is accurate, complete, reliable, or updated on any regular basis. MyMood AI has no direct control over any User Content, and therefore MyMood AI is not liable to you or anyone else for any harm or damages you may experience in using and/or relying on any User Content. None of the User Content available on or through the Services is fact-checked or maintained by MyMood AI.
you agree that you are responsible for your User Content and your use of the Services. You agree that you will use the Services in compliance with all applicable local, state, national, and international laws, rules and regulations, including, but not limited to: (a) United States export control law and any other laws regarding the transmission of technical data exported from your country of residence; (b) all anti-spam, privacy, and anti-terrorism laws and regulations; and (c) any applicable laws requiring the consent of subjects of photographs or audio and video recordings. You agree that you are solely responsible for your compliance with all such laws and regulations.
If you come across any content that you find offensive or unacceptable, please report it to us at support@mymoodai.app. We appreciate your help in maintaining a positive user experience.
We reserve the right to monitor your use of MyMood AI and our Services to ensure compliance with these Terms, and to investigate or take appropriate legal action against anyone who, in MyMood AI’s sole discretion, violates these Terms including, without limitation, reporting such violations to or otherwise cooperating with law enforcement. We further reserve the right to modify or discontinue MyMood AI’s Services at any time.
7. LIMITED LICENSE; COPYRIGHT AND TRADEMARK
Other than the exceptions referenced in these Terms, with the primary exception being User Content which remains the property of the individual who uploads or posts such User Content as set forth in Section 5, above, MyMood AI and its licensors or suppliers own all text, data, graphics, images, photographs, sound recordings, videos, audio clips, music, programs, applications, software, illustrations, trademarks, trade names, page headers, icons, scripts, service marks, logos, slogans, filters, tools and other content available on or through the Services, as well as the collection, design, production, selection and arrangement thereof and any related intellectual property rights, are referred to collectively in these Terms as "MyMood AI Content." We may incorporate third-party software or technology (including open-source software) as part of the Services, and all such third-party software is subject to additional terms (if any) provided by the third-party licensor.
The MyMood AI trademark, and other names, marks, and logos appearing on or through the Services (collectively, the “Trademarks”) are owned by or licensed to MyMood AI and are used with permission of the owner. Such Trademarks and other MyMood AI Content are protected by trademark, copyright, and other applicable laws related to intellectual property, and the unauthorized use of any Trademarks or other MyMood AI Content may result in the violation of such laws. MyMood AI requires you to respect the intellectual property rights that we and our licensors or suppliers have in the MyMood AI Content and in the Trademarks. These rights are protected under US and international laws.
You acknowledge that no right, title, or interest in or to any Trademarks or MyMood AI Content is transferred to you as a result of accessing or using MyMood AI’s Services, and you will not use, copy or display MyMood AI Content or Trademarks except as permitted under these Terms. No other use is permitted without MyMood AI’s prior express written consent. You must retain and display all copyright, trademark, and other proprietary notices contained in MyMood AI Content on any authorized copy you make. All goodwill generated from the use of any MyMood AI Trademarks shall inure to MyMood AI’s benefit. You may not sell, transfer, assign, license, or sublicense any MyMood AI Content or Trademarks. You further acknowledge MyMood AI’s proprietary rights in the Services and associated documentation and shall protect the proprietary nature thereof. MyMood AI and its licensors reserve all rights, title and interests to the MyMood AI Content and Trademarks, except as explicitly stated in these Terms.
Pursuant to these Terms, MyMood AI hereby grants to you a limited, non-exclusive, revocable, non-sublicensable and non-transferable license to view and access the Services for your own personal and non-commercial use, but this license is subject to your compliance with these Terms and does not permit any selling, copying, modifying, or using MyMood AI’s Services or MyMood AI Content for commercial purposes. Unauthorized use of MyMood AI’s Services or MyMood AI Content is prohibited and terminates the license granted by these Terms. You agree this is the grant of a license, not a transfer of title, and does not give you any ownership or intellectual property interest in the Services, any MyMood AI Content, or the Trademarks. MyMood AI reserves the right to terminate this license for any or no reason and at any time without notice to you including, but not limited to, for breach of any provision contained in these Terms. All rights not expressly granted to you under these Terms are reserved by MyMood AI. There are no implied rights.
8. IN-APP PURCHASES AND SUBSCRIPTIONS
You can access free versions of MyMood AI’s Services or opt for a premium subscription with added features for editing photos and videos. Certain features require payment, such as generating Avatars, and you acknowledge that free versions of the Services may not include all features and functionality that are included for holders of paid subscription-based Services.
Apple’s App Store or Google Play will manage your subscription and related payments for the Services. For paid versions of the Services, you must be 18 years or older (or the age of legal majority where you live or are located), and you may only use the purchased Services or MyMood AI Content for personal, non-transferable, and non-sublicensable purposes, subject to other conditions and limitations set forth in these Terms. You may purchase such Services and MyMood AI Content through third-party providers, like Apple or Google Play, which have additional terms you should review before making any purchases through such third-party providers. Your subscription will renew automatically until cancelled. Contact the applicable third party marketplace for refunds or to manage your purchased MyMood AI Content. We are unable to access and have no control or responsibility over any financial transactions managed by third-party marketplaces and providers such as Apple or Google Play. To cancel your subscription, sign in to the Services and follow the cancellation instructions. For refunds on Apple purchases, refer to the guidance provided, and for Google purchases, check the information on refunds available on Google Play. Please note that under normal circumstances, we are not required to provide refunds and you will not receive compensation for unused purchased MyMood AI Content, regardless of the reason for the loss.
9. COPYRIGHT INFRINGEMENT
MyMood AI is under no obligation to, and does not, scan User Content or other third-party content that is made available in connection with the Services for the inclusion of illegal or impermissible content. However, MyMood AI respects the legitimate rights of copyright holders and does not knowingly permit content that infringes another party’s copyright. If you believe in good faith that there's any User Content or other materials displayed on or through our Services that infringes your copyright, then you (or your agent) may notify us and request that the applicable User Content or other materials be removed, or that access to it be blocked. The foregoing notification procedure is described in detail below.
In line with the Digital Millennium Copyright Act (“DMCA”), a written notification, known as the DMCA Notice, must be submitted to our designated copyright agent at: (Copyright Agent, 8 The Green, Suite B, Dover Delaware, 19901, support@mymoodai.app)
Any DMCA Notice (or counter-notice) must meet the then-current statutory requirements imposed by the DMCA. Under the DMCA, notices must, at a minimum, include the following:
-A physical or electronic signature of the copyright owner or of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
-Identification of the copyrighted work(s) claimed to have been infringed, or, if multiple copyrighted works at a single online location are covered by a single notification, a representative list of such works at that location;
-A description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MyMood AI to find its location on MyMood AI’s Services, such as the URL where the infringing material can be found;
-Information reasonably sufficient to permit MyMood AI to contact the complaining party, such as an address or telephone number, and, if available, an email address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
-A statement, made under the penalty of perjury, that the information provided in the DMCA Notice is accurate, and that the complaining party is the copyright owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Failure to comply with the above requirements may result in the DMCA Notice being ineffective. However, MyMood AI takes copyright and other intellectual property issues seriously, and in cases of valid, repeated reports of copyright infringement by an account or user, we will take steps to disable or terminate access to MyMood AI’s Services for such accounts or users. Please note that knowingly making false copyright infringement claims can result in liability for damages including costs and attorneys' fees as set forth in the DMCA.
10. FEEDBACK
We appreciate any and all questions, comments, suggestions, and creative materials (“Feedback”) you provide about MyMood AI and our Services. You can submit your Feedback by using the "Send Feedback" button in the app's settings or by reaching out to us through support@mymoodai.app. Please note that your Feedback is not considered confidential and if you provide any Feedback to us, you hereby acknowledge that: (a) such Feedback becomes our property once submitted; and (b) any Services (or any other product or service) which incorporates new features, functionality, or performance qualities based on your Feedback shall be the sole and exclusive property of MyMood AI. We have the right to use and disseminate Feedback for any purpose without compensation to you. Additionally, you have the option to update or add to your Feedback, which we'll take into consideration. If we choose to make your Feedback public, we will not include your personal information unless you give us explicit consent.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold MyMood AI, its affiliates, their respective officers, directors, employees, agents, licensors, representatives, attorneys, suppliers, contractors, and any other person or entity involved in the creation, production, or transmission of the Services (collectively, the “MyMood AI Parties”) harmless from and against any loss, liability, damages, expenses, or costs (including reasonable attorneys’ fees) that may arise out of or result from any third-party claim or demand related to: (a) your use of or reliance on MyMood AI, our Services, MyMood AI Content, User Content or Feedback; (b) any conduct by you which violates these Terms, the rights of others (e.g. intellectual property or privacy), or applicable law; (c) your conduct in connection with Stable Diffusion AI technology through our Services; or (d) any interactions you may have with other users of our Services. MyMood AI will inform you of any third-party claims that are subject to the above indemnification, and you expressly agree to assist us in defending them, and to pay all associated fees and expenses, including attorneys' fees. MyMood AI and the other MyMood AI Parties reserve the right to assume the exclusive control over the defense or resolution of any third-party claims which are subject to indemnification under this Section 11. This indemnity complements, rather than replaces, any other indemnification agreed upon in writing between you and us or other MyMood AI Parties. Your indemnification obligations shall survive the termination of these Terms.
12. DISCLAIMERS
MYMOOD AI’S SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. THE MYMOOD AI PARTIES DISCLAIM ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SERVICES, MY MOOD AI CONTENT, AND USER CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE.
RESULTS GENERATED BY THE MAGIC AVATARS FEATURE MAY NOT BE ACCURATE OR SUITABLE FOR ALL USERS, AS THIS FEATURE IS POWERED BY EXTERNAL TECHNOLOGY THAT WE CANNOT FULLY CONTROL. MYMOOD AI CONTENT AND USER CONTENT MAY CONTAIN INACCURATE OR OUT-OF-DATE INFORMATION OR TYPOGRAPHICAL OR SPELLING ERRORS. MYMOOD AI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING: (a) THE TRUTH, ACCURACY, COMPLETENESS, LEGALITY, OR RELIABILITY OF ANY MYMOOD AI CONTENT OR USER CONTENT; OR (b) ANY RESULTS TO BE OBTAINED FROM USING THE SERVICES OR RELYING ON MYMOOD AI CONTENT AND/OR ANY USER CONTENT.
MYMOOD AI DOES NOT WARRANT THAT THE SERVICES WILL OPERATE UNINTERRUPTED AND ERROR-FREE, OR THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL CODE OR MATERIAL. IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR ANY OBJECTION TO THESE TERMS, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES.
13. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE MYMOOD AI PARTIES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE OR RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR OTHER SIMILAR DAMAGES), WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR ANY OTHER THEORY OF LIABILITY, ARISING OUT OF THE SERVICES, MYMOOD AI CONTENT, OR USER CONTENT, EVEN IF THE APPLICABLE MYMOOD AI PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN ANY EVENT, THE MAXIMUM AMOUNT OF LIABILITY THAT ANY OF THE MYMOOD AI PARTIES MAY FACE FOR ANY CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF ANY KIND IN RELATION TO OR ARISING OUT OF THESE TERMS, THE SERVICES, USER CONTENT, OR MYMOOD AI CONTENT WILL IN NO EVENT EXCEED THE AMOUNT YOU HAVE PAID TO USE MYMOOD AI’S SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT OUT OF WHICH THE LIABILITY AROSE, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT MADE ANY PAYMENTS.
THIS EXCLUSION AND LIMITATION OF DAMAGES IS AN ESSENTIAL PART OF THE AGREEMENT BETWEEN MYMOOD AI AND YOU. HOWEVER, THE LIMITATIONS IN THIS SECTION DO NOT APPLY IN SITUATIONS WHERE LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS ALSO MAY NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE AFOREMENTIONED LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE MYMOOD AI PARTIES TO ANY USER OF THE SERVICES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
14. RELEASE
PLEASE NOTE THE FOLLOWING SECTION MANDATES ARBITRATION OF CLAIMS AGAINST THE MYMOOD AI PARTIES AND RESTRICTS YOUR ABILITY TO SEEK RELIEF AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
With the exception of disputes in which you or any MyMood AI Parties request injunctive or other equitable relief for alleged intellectual property violations, YOU AND THE MYMOOD AI PARTIES AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND THE OPTION TO HAVE ANY DISPUTE REGARDING THESE TERMS, MYMOOD AI’S SERVICES, MYMOOD AI CONTENT, OR ANY USER CONTENT RESOLVED IN COURT.
Instead, all disputes arising from or related to these Terms, MyMood AI’s Services, MyMood AI Content, or any User Content will be settled through confidential binding arbitration conducted in Delaware in accordance with the Streamlined Arbitration Rules and Procedures from the Judicial Arbitration and Mediation Services (JAMS). You either acknowledge that you have read and understand the JAMS rules or forfeit the opportunity to do so, and waive any claims that the JAMS rules are unjust or inapplicable. Any arbitration conducted under these Terms will only be on an individual basis, and class arbitrations, class actions, representative actions, or consolidated arbitrations are not allowed. You also forfeit your right to have your case decided by a jury and to participate in a class action against any MyMood AI Parties. You and the MyMood AI Parties acknowledge that these Terms concern interstate commerce and that this Section 15 will be governed by the Federal Arbitration Act, to the maximum extent allowed by law. The arbitration will take place before a panel of three arbitrators. The arbitrators will have complete authority to make procedural and substantive decisions concerning any dispute and to award any remedy available in court, under the limitations of the FAA and JAMS Rules; provided, however, that the arbitrators shall have no power or authority to award punitive or exemplary damages. The arbitrators are not authorized to conduct class arbitrations, representative actions, or consolidated proceedings involving multiple individuals. The arbitrators may, in their discretion, award the cost of the arbitration, including reasonable attorneys’ fees, to the prevailing party. You will pay the filing fee for any arbitration you initiate, while the applicable MyMood AI Parties will pay the remaining JAMS fees and costs. For any arbitration initiated by the MyMood AI Parties, the MyMood AI Parties will bear all JAMS fees and costs. You and the MyMood AI Parties agree that the state or federal courts of Delaware and the United States sitting in Delaware have sole jurisdiction over any appeals and enforcement of arbitration awards. Any claims arising from or related to these Terms or MyMood AI’s Services must be filed within one year of the claim's occurrence, or else the claim will be permanently barred and you and the MyMood AI Parties will be unable to assert it. Within thirty (30) days of the commencement of the arbitration, each party will designate in writing a single neutral and independent arbitrator. The two arbitrators designated by the parties will then select a third arbitrator. The arbitrators will have an appropriate background in software and related technologies to reasonably prepare them to decide a dispute related to the Services provided under these Terms. Any arbitration will be confidential, and except as required by law, neither party may disclose the content or results of any arbitration hereunder without the prior written consent of the other party, except that disclosure is permitted to a party’s auditors and legal advisors. .
16. GOVERNING LAW AND VENUE
These Terms shall be governed by the laws of the State of Delaware without regard to conflict of laws principles.Nevertheless, legal agreements related to our Services in certain countries including those in the European Union might require them to be governed by the laws of their respective locales. This paragraph is not intended to override such rules.In case of any dispute between MyMood AI and users which can't be addressed via arbitration as set forth above, YOU AND THE MYMOOD AI PARTIES HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE that such disputes shall be solved in the courts of Delaware, USA sitting in that State. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE: (a) to waive any objection to the venue of any such litigation in Delaware courts; and (b) not to plead or claim in any Delaware court that such litigation has been brought in an inconvenient forum.
17. CHANGES TO THESE TERMS
We may, from time to time, modify the Terms by posting the amended version on our Site. When substantial changes are made, we will update the "Effective date" at the top of this page and inform you about them via any means of communication deemed fit. This could be in-app consent or email. Should you not agree to the altered terms, please discontinue using MyMood Ai promptly. Your continued Use of our app after receiving such notification is an indication of your agreement with these changes.
18. ELECTRONIC COMMUNICATIONS
By utilizing MyMood Ai, you agree to receive electronic communications from us including emails, push notifications and Site-posted notices. These fulfill any legal communication needs with regards to writing and form part of your relationship with us; such may include updates about MyMood Ai, the purchased content, operational messages (technical/security notices, updates to the Privacy Policy & Terms), amendments concerning existing or new features (price fluctuations/scope changes).You can opt-out of promotional emails by following the link provided in the email or changing your device settings. You may also disable push notifications through device settings or contact us at support@mymoodai.app
19. TERMINATION
We reserve the right to end your access to MyMood Ai, with no notice or warning, at our sole discretion. We are not liable for any harm or loss resulting from your inability to Use MyMood Ai. Upon dissolution, interruption, or termination of MyMood Ai, all provisions of these Terms will remain intact; such as ownership rights, disclaimers, liability limitations and dispute resolution clauses.
20. EXPORT AND ECONOMIC SANCTIONS CONTROL
You certify that you reside in a country not subject to a US government embargo, and are not on any denied party lists, such as those maintained by OFAC (Office of Foreign Assets Controls) or ITAR (International Traffic in Arms Regulations). You declare that you will adhere to all US and international export laws with regards to the application and technology from MyMood Ai. Furthermore, neither the application nor any related data or products derived from such technology shall be exported or reexported without prior authorization from MyMood Ai.
21. ADDITIONAL TERMS APPLICABLE TO IOS DEVICES
These Terms apply only between you and us. The App and its contents are our sole responsibility. The usage rules may also have additional restrictions specified in Apple's usage rules at the time of downloading, which take precedence over other rules if they are stricter. You acknowledge that you have reviewed Apple's usage rules before accepting these Terms.The license granted to you is limited to using the App on your own iPhone, iPod touch, or iPad in accordance with Apple's usage rules in the App Store's terms of service.Apple is not obligated to provide maintenance or support for the App, and both you and us acknowledge this.Apple assumes no responsibility for product warranties for the App, express or implied by law. If the App fails to conform to any warranty, you may notify Apple, who will refund the purchase price (if any) and have no further warranty obligations. Any warranties applicable to the App are disclaimed by the Company, and any failure to conform to such warranties is the Company's sole responsibility.The Company, not Apple, is responsible for addressing claims related to the App, including product liability, non-compliance with legal or regulatory requirements, and consumer protection claims.
Intellectual Property. You and the Company recognize that in the event a third party asserts that the App or your use of it infringes their intellectual property rights, the Company, not Apple, shall be responsible for conducting the investigation, defending, resolving, and discharging any such intellectual property infringement claim, as required by these Terms.Compliance with Law. You guarantee that (1) you are not located in a country under U.S. government embargo, or designated by the U.S. government as a "terrorist supporting" country, and (2) you are not on any U.S. government list of prohibited or restricted individuals.Developer Contact Information. For inquiries, grievances, or claims related to the App, please direct them to:
Ai Thumbnail Maker, LLC
8 The Green, Suite B
Dover Delaware, 19901
support@mymoodai.app
Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the App.Third-Party Beneficiary. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these 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).
22. ACCESSIBILITY
MyMood AI is working to maintain the accessibility and usability of the Services. It is important to note that accessibility efforts for the Services are ongoing as we work to implement improvements consistent with the Web Content Accessibility Guidelines over time.
For assistance in better understanding the content of these Terms or any other content available through the Services, please write to us at support@mymoodai.app, and be sure to specify the portion of the Services where you may be having issues related to assistive technology such as screen readers, so that we can look into making that part of our Services more accessible.
HOW TO CONTACT US
If you have any questions, complaints or claims with respect to these Terms or MyMood Ai, please contact us via email at support@MyMood Aime.ai or our mailing address:
Ai Thumbnail Maker, LLC
8 The Green, Suite B
Dover Delaware, 19901
support@mymoodai.app
24. MISCELLANEOUS
The Terms of Use for MyMood Ai outline the entire agreement between you and the company, superseding all previous agreements. The language used in these terms is English only. You give up your right to require localization or non-electronic record delivery/retention. The company's failure to enforce a right doesn't mean it's been waived and the exercise of any remedy by either party won't limit their other options. If any part of the terms is declared invalid, the rest will still be in effect. The terms are for the benefit of you and the company only and cannot be transferred without consent. Any attempt to transfer rights without consent will be void. The company can transfer its rights and obligations under these terms freely. The terms will bind both parties, their successors, and permitted assigns.
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