iToon Terms of Use
Last updated: August, 2023
These Terms of Use constitute a legal agreement (the “agreement”) between you and iToon, a service provided by MrauxSiuh Studio (“MrauxSiuh ”, “us”, “we”) for the use of the iToon mobile app (hereafter referred to as“the Service”, “the app” or “iToon”), and all related services, features and content provided by iToon within the app, on the website or social media channels.
Acceptance of Terms
Please read this agreement carefully. By using iToon’s services or creating an account with us, you acknowledge your acceptance of and agreement to the terms in this agreement. If you do not agree to any of the terms in this agreement, please do not use the app.
If you use the Service on behalf of an entity then “you” includes you and that entity, and you represent and warrant that: (i) you are an authorized representative of the entity with the authority to bind the entity to these Terms; and (ii) you agree to these Terms on the entity’s behalf.
We may make modifications to this agreement occasionally. Continued use of the app after the effective date of the updated version will indicate your acceptance of the new agreement.
Your Use of The App, Website and Other Communication Channels
Any information submitted by you through the app is governed by iToon’s Privacy Policy. You are responsible for all your activity within the app. If you submit feedback via the app or directly via the support email channels, you are responsible for these communications.
Data
Please review iToon’s Privacy Policy for more information on data obtained and used by MrauxSiuh. MrauxSiuh stores anonymized user inputs and metadata on generation times and the device type used to improve the Services and understand how users are using the Services. Inputs are not associated with or connected with the entering user.
Payments
iToon is offered as a free service and a Premium service. After choosing to upgrade to Premium, payment will be charged to your credit/debit card through your iTunes/App Store account. iToon does not handle any payment or payment information and all refunds must be applied for via iTunes/App Store.
Limited License and Prohibited Uses
MrauxSiuh hereby grants you a limited, nonexclusive, nontransferable, non-sublicensable, and personal license to access and use the Service provided that such license is subject to your continued compliance with these Terms.
Users may not use the Service for any of the following “Prohibited Uses.” All Prohibited Uses are a violation of these Terms, and MrauxSiuh revokes all licenses from users engaging Prohibited Uses or otherwise violating the Terms.
You agree that if you do any of the following, you are in breach of this agreement:
- Sell, rent, lease, loan, sublicense, distribute or transfer the rights to the app or associated content;
- Modify, reverse engineer or disassemble the app;
- Copy, adapt, modify, translate the app without our consent;
- Permit others to use the app in a manner that is in breach of the terms of this agreement;
- Disable any measures in the app that are designed for protection of intellectual property;
- Attempt to navigate around measures adopted to control access to content protected by copyright;
- To compile data in a way that is usable by a competitor product/service;
- Any such use shall immediately terminate your license to use the app.
Intellectual Property Rights
All intellectual property in the Services protectable in any jurisdiction worldwide is and will remain the exclusive property of MrauxSiuh and any licensors to MrauxSiuh or third-party developers, if applicable.
Users may only use MrauxSiuh’s trademarks and trade dress in accordance with these Terms, and may not otherwise use MrauxSiuh’s trademarks or trade dress in connection with any product or service without the prior written consent of MrauxSiuh.
Users own all artworks created by users with assistance of the Service, including all related copyrights and other intellectual property rights (if applicable). Users must, as individuals or in a group, contribute creative expression in conjunction with use of the Service, such as in creating or selecting prompts or user inputs to use with the tools offered by the Service. Users acknowledge that artworks generated without creative expression from the user may not be eligible for copyright protection.
Regardless of the creativity of users, MrauxSiuh cannot guarantee the uniqueness, originality, or quality, or the availability or extent of copyright protection for any artwork created by users with assistance of the Service.
You hereby grant MrauxSiuh a worldwide, non-exclusive , non-sublicensable, royalty-free license to copy, reproduce, and display artworks you create using the Service for promotional purposes on the Service.
Limitation Of Liability
In no event shall MrauxSiuh be liable for any losses realized or demanded of users related to users’ access to or use of the Service, including any losses for intellectual property infringement. Notwithstanding the foregoing, in no event shall the maximum aggregate liability of MrauxSiuh for damages exceed MrauxSiuh’s fees actually received from each user (such as Minting Fees).
In no event shall MrauxSiuh nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party; (iii) use of any content obtained from or generated in whole or in part by the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Third Parties
The Service may contain links to third-party websites, products, or services that are not owned or controlled by MrauxSiuh, and your use of or access to the Service may entail using, accessing, or interacting with third-party websites, products, or services.
MrauxSiuh has no control over and assumes no responsibility for the content, privacy policies, terms of service or use, or practices of any third-party websites or services. MrauxSiuh provides no warranties regarding the offerings of any third-party entities or individuals, or their websites.
You acknowledge and agree that MrauxSiuh shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. You may pay, subscribe, or incur fees in connection with third-party offerings.
MrauxSiuh has no control over and can provide no refunds for payments, subscriptions, or fees incurred through third-party offerings, including fees through smart wallet addresses or gas fees for use of blockchain technologies. MrauxSiuh does not operate, maintain, or have custody or control over other applications, platforms, or marketplaces, and MrauxSiuh has no ability to undo, reverse, or restore any transactions occurring through other applications, platforms, or marketplaces. MrauxSiuh is not a party to any agreements between you and third parties.
We strongly advise that you read the terms of service or use and privacy policies of any third-party websites or services that you visit, use, access, or interact with related to your use of the Services.
Disclaimers OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”.
WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY KIND OF VIOLATION ARISING FROM YOUR USE OF THE APP, INCLUDING ANY BREACH OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR DUE TO ANY UNAUTHORIZED ACCESS OR OTHER ILLEGAL ACTIONS BY ANY THIRD PARTY.
WE DO NOT GUARANTEE THAT THE RESULT OF SERVICE WILL MEET YOUR EXPECTATIONS. PLEASE NOTE THAT IN CERTAIN CASES THE COLOR OF HUMAN SKIN CAN BE MISREPRESENTED DUE TO THE ERROR OF THIRD-PARTY ALGORITHM EMBEDDED INTO THE APP. TO AVOID CASES OF SUCH MISREPRESENTATION, WE SUGGEST YOU THE “DESCRIBE YOUR PHOTO” BEFORE AI PORTRAIT GENERATION.
IF YOU USE THE PORTRAITS FEATURE AND UPLOAD THE PORTRAIT REFERENCE SET, YOU MUST FOLLOW ALL INSTRUCTIONS AND REQUIREMENTS PRESENTED IN THE APP. OTHERWISE, THE QUALITY OF AI PORTRAITS WILL NOT MEET THE EXPECTED POSITIVE RESULT.
Providing Feedback
We read every feedback message and are committed to the continued improvement of the app. Any communications you send to us are submitted on a non-confidential basis unless you explicitly request otherwise.
You agree that we may disseminate this communication at our own discretion and that we utilize this content which can include revising, modifying and contextually changing as appropriate.
Changes to the App
We are always looking to improve the service iToon provides, hence, occasionally and without prior notice we may change, expand or improve the app.
We may also at any time cease to operating part or all of the app or selectively disable certain features. Your use does not entitle you to continued availability of all features.
Indemnity
You agree to hold MrauxSiuh Studio and its employees harmless from any claims, actions, demands, liabilities including but not limited to any reasonable legal/accounting fees resulting from your violation of this agreement.
Questions
If you have any questions or comments about anything within this Terms of Use agreement please contact us via contactus@mrauxsiuh.cn.