Terms & Conditions, Privacy Policy, Refund policy

Terms & Conditions

AI Thumbnail Maker LLC (hereinafter referred to as "Allure AI", "we", "us" or "our") owns and operates the website available at allureai.app (the “Site”) and the mobile application Allure 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 Allure 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 Allure AI, please contact us at [email protected]. Additional contact information can be found in Section 23 (How to Contact Us) of these Terms.

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The Allure 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 [email protected] and we will investigate the issue. Lastly, we kindly request that you follow the rules for using Allure 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 Allure AI in no way endorses or is responsible for these parental control services.

1. DESCRIPTION OF SERVICES

‍Utilizing AI algorithms, Allure 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 Allure AI’s Services are solely at our discretion.

2. ELIGIBILITY

‍To use Allure 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 Allure 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 [email protected] (refer to Section 23 of these Terms for contact details).You agree and promise to only provide accurate information and to use Allure AI’s Services in compliance with all applicable laws. Previous violators and those prohibited from using Allure AI’s Services are not eligible to use or interact with our Services.

3. USER ACCOUNTS AND ACCOUNT SECURITY

‍‍By creating an account with Allure 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 Allure 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.

Allure 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 Allure 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 Allure AI. Any transfer, use, and storage of information about you through your use of our Services or other interactions with Allure 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 Allure AI may be handled in accordance with our Privacy Policy.

5. USER CONTENT

‍TL;DR: You can upload your photos or videos through Allure 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 Allure 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 Allure 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 Allure 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 Allure 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 Allure 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 Allure AI against such claims and compensating Allure AI for any resulting damages.

By uploading or submitting any User Content to Allure AI, you represent and warrant that:

-You own such User Content or have the right to grant to Allure 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 Allure AI’s Services;

-You have obtained the necessary consent from anyone depicted in the User Content you upload or submit;

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-You have the legal capacity to agree to these Terms.

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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 Allure 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 Allure 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. Allure 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, Allure 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 Allure AI and its vendors or their respective affiliates, subcontractors, agents, successors and/or assigns in connection with the provision of our Services.Allure 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 Allure 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 Allure AI or law enforcement in relation to your User Content. You acknowledge and agree that Allure 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 Allure 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 Allure AI suffering irreparable harm and that, in the event of such a dispute, Allure 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.

Allure 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

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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 Allure AI. To keep the user experience positive, it's important to use Allure AI’s Services responsibly and within the bounds of these Terms.

Allure 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 Allure AI’s Services. You guarantee, promise, and agree not to engage in the following prohibited behavior while using Allure AI:

-Behavior that’s harmful, fraudulent, deceptive, harassing, threatening, intimidating, obscene, or otherwise objectionable;

-Selling or using User Content, Avatars, or any Allure AI Content (defined below) for third-party gain, or in any manner not allowed under these Terms;

-Interfering with, disrupting, negatively affecting, or damaging Allure AI, our Services, or other users' enjoyment of Allure AI’s Services;

-Decrypting, decompiling, disassembling, or reverse engineering Allure AI’s Services or underlying software, accessing any unauthorized parts of Allure AI’s Services, or scraping data from Allure AI;

-Using third-party applications or displaying or mirroring Allure 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 Allure AI’s systems or network;

-Copying, modifying, hosting, sublicensing, or reselling Allure 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 Allure AI’s Services without our prior express written approval.

Your use of Allure 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 Allure 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 Allure 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. Allure AI cannot guarantee that any User Content is accurate, complete, reliable, or updated on any regular basis. Allure AI has no direct control over any User Content, and therefore Allure 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 Allure 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 [email protected]. We appreciate your help in maintaining a positive user experience.

We reserve the right to monitor your use of Allure AI and our Services to ensure compliance with these Terms, and to investigate or take appropriate legal action against anyone who, in Allure 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 Allure AI’s Services at any time.

7. LIMITED LICENSE; COPYRIGHT AND TRADEMARK

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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, Allure 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 "Allure 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 Allure AI trademark, and other names, marks, and logos appearing on or through the Services (collectively, the “Trademarks”) are owned by or licensed to Allure AI and are used with permission of the owner. Such Trademarks and other Allure AI Content are protected by trademark, copyright, and other applicable laws related to intellectual property, and the unauthorized use of any Trademarks or other Allure AI Content may result in the violation of such laws. Allure AI requires you to respect the intellectual property rights that we and our licensors or suppliers have in the Allure 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 Allure AI Content is transferred to you as a result of accessing or using Allure AI’s Services, and you will not use, copy or display Allure AI Content or Trademarks except as permitted under these Terms. No other use is permitted without Allure AI’s prior express written consent. You must retain and display all copyright, trademark, and other proprietary notices contained in Allure AI Content on any authorized copy you make. All goodwill generated from the use of any Allure AI Trademarks shall inure to Allure AI’s benefit. You may not sell, transfer, assign, license, or sublicense any Allure AI Content or Trademarks. You further acknowledge Allure AI’s proprietary rights in the Services and associated documentation and shall protect the proprietary nature thereof. Allure AI and its licensors reserve all rights, title and interests to the Allure AI Content and Trademarks, except as explicitly stated in these Terms.

Pursuant to these Terms, Allure 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 Allure AI’s Services or Allure AI Content for commercial purposes. Unauthorized use of Allure AI’s Services or Allure 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 Allure AI Content, or the Trademarks. Allure 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 Allure AI. There are no implied rights.

8. IN-APP PURCHASES AND SUBSCRIPTIONS

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You can access free versions of Allure 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 Allure 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 Allure 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 Allure 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 Allure AI Content, regardless of the reason for the loss.

9. COPYRIGHT INFRINGEMENT

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Allure 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, Allure 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, [email protected])

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 Allure AI to find its location on Allure AI’s Services, such as the URL where the infringing material can be found;

-Information reasonably sufficient to permit Allure 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

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-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.

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Failure to comply with the above requirements may result in the DMCA Notice being ineffective. However, Allure 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 Allure 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

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We appreciate any and all questions, comments, suggestions, and creative materials (“Feedback”) you provide about Allure 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 [email protected]. 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 Allure 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

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You agree to defend, indemnify, and hold Allure 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 “Allure 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 Allure AI, our Services, Allure 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. Allure 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. Allure AI and the other Allure 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 Allure AI Parties. Your indemnification obligations shall survive the termination of these Terms.

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12. DISCLAIMERS

‍Allure AI’S SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. THE Allure 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. Allure AI CONTENT AND USER CONTENT MAY CONTAIN INACCURATE OR OUT-OF-DATE INFORMATION OR TYPOGRAPHICAL OR SPELLING ERRORS. Allure AI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING: (a) THE TRUTH, ACCURACY, COMPLETENESS, LEGALITY, OR RELIABILITY OF ANY Allure AI CONTENT OR USER CONTENT; OR (b) ANY RESULTS TO BE OBTAINED FROM USING THE SERVICES OR RELYING ON Allure AI CONTENT AND/OR ANY USER CONTENT.

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‍Allure 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 Allure 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, Allure AI CONTENT, OR USER CONTENT, EVEN IF THE APPLICABLE Allure 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 Allure 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 Allure AI CONTENT WILL IN NO EVENT EXCEED THE AMOUNT YOU HAVE PAID TO USE Allure 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 Allure 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 Allure 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 Allure 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 Allure AI Parties request injunctive or other equitable relief for alleged intellectual property violations, YOU AND THE Allure AI PARTIES AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND THE OPTION TO HAVE ANY DISPUTE REGARDING THESE TERMS, Allure AI’S SERVICES, Allure AI CONTENT, OR ANY USER CONTENT RESOLVED IN COURT.

Instead, all disputes arising from or related to these Terms, Allure AI’s Services, Allure 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 Allure AI Parties. You and the Allure 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 Allure AI Parties will pay the remaining JAMS fees and costs. For any arbitration initiated by the Allure AI Parties, the Allure AI Parties will bear all JAMS fees and costs. You and the Allure 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 Allure 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 Allure 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 Allure AI and users which can't be addressed via arbitration as set forth above, YOU AND THE Allure 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 Allure 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 Allure 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 Allure 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 [email protected]

19. TERMINATION

‍We reserve the right to end your access to Allure 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 Allure Ai. Upon dissolution, interruption, or termination of Allure 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 Allure Ai. Furthermore, neither the application nor any related data or products derived from such technology shall be exported or reexported without prior authorization from Allure 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

[email protected]

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

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Allure 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 [email protected], 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.

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HOW TO CONTACT US

‍If you have any questions, complaints or claims with respect to these Terms or Allure Ai, please contact us via email at support@Allure Aime.ai or our mailing address:

Ai Thumbnail Maker, LLC

8 The Green, Suite B

Dover Delaware, 19901

[email protected]

24. MISCELLANEOUS

The Terms of Use for Allure 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.

The Effective Date Of These Terms Of Use Is 1st February 2023. You Are Using The Mobile Application Allure Ai: Photo Editor (Hereinafter Referred To As “Allure Ai”) Provided By Ai Thumbnail Maker LLC (Hereinafter Referred To As “Company”, “We”, “Us” Or “Our”). 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.

By Accessing Or Using Allure Ai, You Agree To These Terms Of Use, Which Constitute A Binding Contract Between You And The Company. If You Don’t Agree With These Terms, Including The Arbitration Provision And Class Action Waiver In Section 15, Do Not Use Allure Ai. Your Continued Use Of Allure Ai Will Imply Your Acceptance Of These Terms.

If You’re Using Allure Ai On Behalf Of Another Person Or Entity, You Confirm That You Are Authorized To Accept These Terms On Their Behalf, And That The Person Or Entity Is Responsible For Any Violations Of These Terms. You Affirm That You Are Of Legal Age To Enter Into These Terms. If Using The Magic Avatars Feature, You Confirm That You Are At Least 18/21 Years Old (As Per Your Jurisdiction).

For Any Questions Regarding These Terms Or Allure Ai, Please Contact Us At [email protected] Additional Contact Information Can Be Found In Section 22 (How To Contact Us) Of These Terms.

The Allure Ai App Utilizes A Neural Network Model Known As Stable Diffusion To Create Custom Magic Avatars For Users. If You Have Any Questions About The Technology, Check Out The FAQ Section.

Here’s How It Works: 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 Nude Photos, No Photos Of Others Without Consent), Which Can Be Found In Section 6.

Please Note, We Do Not Use Your Personal 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 [email protected] And We Will Take Prompt Action To Improve The Algorithm. Lastly, We Kindly Request That You Follow The Rules For Using Allure Ai Outlined In Section 6 Of These Terms.

1. DESCRIPTION OF SERVICES

Utilizing AI Algorithms, Allure Ai Is A Mobile Application Which Enables Users To Upload And Modify Photos And Videos In Accordance With Our Privacy Policy. We May Change, Expand, Or Improve The Application 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 Allure Ai Are Solely At Our Discretion.

2. ELIGIBILITY

‍Using Allure Ai Age Requirements. To Use Allure Ai, You Must Be At Least 13 Years Old, Unless You Reside In The European Economic Area (EEA) Or The UK, Where The Minimum Age Is 16. If You Are Under The Age Of 18 (Or The Age Of Legal Majority In Your Jurisdiction), You May Only Use Allure Ai With A Parent Or Guardian’s Supervision And Agreement To These Terms. The Responsibility For The Actions Of Minors Falls On The Parent Or Guardian.Magic Avatars Limitation. To Use The Magic Avatars Feature, You Must Be Of Legal Age, As Determined By Your Jurisdiction. If You Know Of Any Minors Using This Feature, Please Inform Us At [email protected] (Refer To Section 22 Of These Terms For Contact Details).

Usage Representation. You Promise To Only Provide Accurate Information And To Use Allure Ai In Compliance With All Laws. Previous Violators And Those Prohibited From Using Allure Ai Are Not Eligible To Use It.

3. USER ACCOUNTS AND ACCOUNT SECURITY

‍By Creating An Account With Allure Ai, You Take On The Responsibility Of Keeping Your Login Information Confidential And Secure. You Are Responsible For All Activity That Occurs Under Your Account, Even If It’s Without Your Knowledge Or Consent. Keeping Your Account Information Accurate And Updated Is Your Responsibility, And It’s Important To Let Us Know Of Any Security Breaches You Suspect. In Case Of Failure To Comply, Allure Ai Is Not Liable For Any Loss Or Damage. To Register Your Account, You May Use A Valid Account From The App Store Where You Downloaded Allure Ai, Such As Apple App Store Or Google Play. Keep In Mind That These Third-Party Service Providers Are Governed Solely By Your Agreement With Them.

4. PRIVACY

‍Please Refer To Our Privacy Policy For Information About How We Collect, Process And Transfer Information About You When You Use Allure Ai. Transfer And Storage Of Information About You, Whilst You Use Allure Ai, Is Governed By Our Privacy Policy. You Acknowledge And Agree That Your Use Of Allure Ai Is Subject To Our Privacy Policy.

5. USER CONTENT

TL;DR: You Can Upload Your Photos Or Videos To Allure Ai And Create Creative Edits Or Avatars Using AI. Your Original And Edited Content Belongs To You, And We Need Your Permission To Use It. This Permission Is Revoked When You Delete Your Content Or Account. For Magic Avatars, The Permission Automatically Ends When The Avatars Are Generated.

Allure Ai Allows You To Upload, Edit, Store And Share Content Like Photos And Videos, Which Are Known As “User Content.” We Do Not Own This Content, Including AI-Generated Avatars. In Order To Operate Allure Ai And Improve Our Services, You Grant Us A Limited, Revocable License To Use Your User Content For A Specific Purpose, Subject To Your Explicit Consent Where Required By Law. This License Is For Operating And Improving Allure Ai, Including Training The AI For The Magic Avatars Feature. It Terminates When You Delete Your Content Or Account, Or When Your Avatars Are Ready. You Agree That Our Use Of Your User Content Will Not Cause Any Harm To You Or Anyone You Authorize.

The Content You Upload Must Comply With Certain Rules. To Put It Simply, You Should Either Own The Photos Or Videos You Upload Or Have The Proper License To Do So. If You Upload Content Featuring Someone Other Than Yourself, Make Sure You Have Their Consent. If Claims Are Made Against Allure Ai Due To Your Unauthorized Use Of Third-Party Content, You Will Be Responsible For Compensating Allure Ai For Any Damages.

You Guarantee That:

You Own The User Content Or Have The Right To Grant Allure Ai The Rights And Licenses Stated In The Terms

You Will Pay For Any Royalties Or Fees Owed For The User Content You Upload To Allure Ai

You Have Obtained The Necessary Consent From Anyone Depicted In The User Content

You Have The Legal Capacity To Agree To These Terms

It’s Important To Not Upload Content That Goes Against These Terms Or That You Don’t Have The Right To Use. You Also Agree To Protect Allure Ai From Any Unauthorized Use Of Third-Party Content That You May Have Used.Please Note That Allure 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. Allure Ai Is Not Responsible For Any Loss Of User Content Outside Of Its Control, Such As A Security Breach, But Will Inform You In Accordance With Its Privacy Policy.

6. PROHIBITED BEHAVIOR & CONTENT

‍TL;DR: This Extensive List Details Actions That Would Be Considered A Violation Of The Agreement Between You And Allure Ai. To Keep The User Experience Positive, It’s Important To Use Allure Ai Responsibly And Within The Bounds Of The Terms

Usage Of Magic Avatars.Allure 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 Responsibility To Make Sure That Using The Avatars You Create Doesn’t Violate Any Laws (E.G. Privacy, IP), And Isn’t 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 Commercial Purposes.

Also, Selling Or Using The Avatars For Third-Party Gain Or In Any Way Not Allowed In These Terms Is Prohibited.General Guidelines. You Must Comply With Contracts, Laws, And Third-Party Rights, And Are Solely Accountable For Your Behavior While Using Allure Ai.

You Guarantee, Promise, And Agree Not To Engage In The Following Prohibited Behavior While Using Allure Ai:Behavior That’s Harmful, Fraudulent, Deceptive, Harassing, Threatening, Intimidating, Obscene, Or Otherwise Objecting.Selling Or Using For Third-Party Gain, Or Any Manner Not Allowed In These Terms.Interfering With, Disrupting, Negatively Affecting, Or Damaging Allure Ai Or Other Users’ Enjoyment Of Allure Ai.

Decrypting, Decompiling, Disassembling, Or Reverse Engineering Allure Ai, Accessing Any Unauthorized Parts Of Allure Ai, Or Scraping Data.Using Third-Party Apps Without Written Consent, Displaying Or Mirroring Allure Ai Without Consent, Using Trademarked Materials Without Consent.

Gaining Unauthorized Access, Interfering With, Or Disrupting Servers, Computers, Or Databases Connected To Allure Ai.Copying, Modifying, Hosting, Sublicensing, Or Reselling Allure Ai.Illegal Or Unauthorized Activities, Promoting Any Activities That Violate These Terms.Advertising Products/Services In Allure Ai Without Written Approval.Breaking Any Laws Or Regulations.

Your Use Of Allure Ai Must Comply With These Terms. Only Share Non-Confidential Content For Which You Have The Necessary Rights. Do Not Upload, Store, Or Share Any Content That:

Is Illegal, Offensive, Abusive, Or Fraudulentencourages Criminal Activity Or Violates Anyone’s Rights

Sexualizes Others, Including Minors, Or Facilitates Inappropriate Interactions

Infringes On Anyone’s Intellectual Property Rights

Reveals Anyone’s Private Information Without Consent

Contains Harmful Files Or Content

Is Objectionable Or Harmful In Any Way

Additionally, You Agree Not To Use Allure Ai Or Its Stable Diffusion AI Technology For Purposes That Violate The Stable Diffusion AI License, Including But Not Limited To:

Breaking Any Laws

Harming Minor

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

Using Information For Justice Or Law Enforcement Purposes

We May Monitor Your Use Of Allure Ai To Ensure Compliance With These Terms And May Cooperate With Law Enforcement. We Reserve The Right To Modify Or Discontinue Allure Ai At Any Time.

7.LIMITED LICENSE; COPYRIGHT AND TRADEMARK

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Allure Ai Owns Or Is Licensed All Text, Graphics, Images, Photographs, Videos, Audio, Music (Excluding Music Content Defined Elsewhere), Illustrations, Trademarks, Trade Names, Page Headers, Icons, Scripts, Service Marks, Logos, Slogans, Filters, Tools And Other Content In The App, Excluding User Content, Referred To Collectively As “Allure Ai Content” And Its Intellectual Property Rights.

These Rights Are Protected Under US And Foreign Laws. Allure Ai And Its Licensors Reserve All Rights, Title And Interests To The Allure Ai Content, Except As Explicitly Stated In The Terms. The Terms Include A Limited, Non-Transferable License For Personal Use, But This License Is Subject To The Terms And Any Supplemental Terms And Does Not Permit Selling, Copying, Modifying, Or Using Allure Ai Or Allure Ai Content For Commercial Purposes.

Unauthorized Use Of Allure Ai Or Allure Ai Content Is Prohibited And Terminates The License Granted By The Terms. The User Is Responsible For Obtaining Necessary Releases For Using Music Content Outside Allure Ai, And Allure Ai Does Not Grant Rights Or Make Warranties For Such Use.

8. IN-APP PURCHASES AND SUBSCRIPTIONS

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You Can Access Free Versions Of Allure Ai Or Opt For A Premium Subscription With Added Features For Editing Photos And Videos. Certain Features Require Payment, Such As Generating Avatars. Only Those 18 And Older Are Eligible To Make These Purchases. The Apple App Store Or Google Play Will Manage Your Subscription And Related Payments.For Paid Content, You Must Be 18 Years Or Older (Or The Age Of Legal Majority Where You Live), And You May Only Use The Purchased Content For Personal, Non-Transferable, And Non-Sublicensable Purposes. You May Purchase Such Content Through Third-Party Providers, Like Apple Or Google Play, Which May Have Additional Terms.Your Subscription Will Renew Automatically Until Cancelled. Contact The Third Party For Refunds Or Managing Your Purchased Content. We Are Unable To Access Financial Transactions Or Modify Them Due To Privacy Concerns. To Cancel Your Subscription, Sign In 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 Content, Regardless Of The Reason For The Loss.

9. COPYRIGHT INFRINGEMENT

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Our Commitment Is To Honor The Legitimate Rights Of Copyright Holders. If There’s Any Content Displayed On Our Platform That Infringes Someone’s Copyright, Kindly Notify Us. The Procedure Is Described In Detail Below.In Line With The Digital Millennium Copyright Act (17 U.S.C. § 512), A Written Notification, Known As The DMCA Notice, Must Be Submitted To Our Designated Copyright Agent And Must Include The Following:

Signature Of The Copyright Owner Or Their Authorized Representative

Identification Of The Copyrighted Work Claimed To Be Infringed

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Identification Of The Infringing User Content And Its Location On Allure Ai

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Contact Information For The Copyright Owner Or Authorized Representative (Name, Email, Postal Address, Telephone Number)

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Statement Of Good Faith Belief That The Use Is Not Authorized

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Statement, Under Penalty Of Perjury, That The Information Provided Is Accurate And The Sender Is The Copyright Owner Or Their Authorized Representative.

Failure To Comply With The Above Requirements May Result In The Ineffectiveness Of The DMCA Notice. However, You May Send A Follow-Up Notice.Please Note That Knowingly Making False Copyright Infringement Claims Can Result In Liability For Damages Including Costs And Attorneys’ Fees As Per Section 512(F) Of The DMCA.In Cases Of Repeated Copyright Infringement By A User, We May Take Steps To Disable Their Access To Allure Ai.

10. FEEDBACK

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We Appreciate Any And All Feedback You Provide About Allure Ai. This Can Include Questions, Comments, Suggestions, And Creative Materials. You Can Submit Your Feedback By Using The “Send Feedback” Button In The App’s Settings Or By Reaching Out To Us Through [email protected] Please Note That Your Feedback Is Not Considered Confidential And Becomes Our Property Once Submitted. We Have The Right To Use And Disseminate It 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

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In The Event Of A Violation Of These Terms, And If We Are Faced With Claims Related To It, You Agree To Compensate Us Financially. This Includes Any Loss, Liability, Claim, Demand, Damages, Expenses, Or Costs That May Arise From Your Use Of Allure Ai, User Content Or Feedback, Violation Of Rights Of Others (E.G. Intellectual Property Or Privacy), Or Conduct In Connection With Allure Ai. You Must Promptly Inform Us Of Any Third-Party Claims, Assist Us In Defending Them, And Pay All Associated Fees And Expenses, Including Attorneys’ Fees. Additionally, You Agree That We And Other Company Parties Will Have Control Over The Defense Or Resolution Of Any Third-Party Claims. This Indemnity Complements, Rather Than Replaces, Any Other Indemnification Agreed Upon In Writing Between You And Us Or Other Company Parties.

12. DISCLAIMERS

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Note: Allure Ai Is Provided On An “As Is” Basis, With No Warranties Or Guarantees. 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. If You Come Across Any Content That You Find Offensive Or Unacceptable, Please Report It To Us At [email protected] We Appreciate Your Help In Maintaining A Positive User Experience On Allure Ai.TL;DR: Allure Ai Has No Guarantees, Magic Avatars Results May Not Be Suitable Or Accurate, Report Offensive Content To [email protected]

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13. LIMITATION OF LIABILITY

‍The Company And Its Affiliates Cannot Be Held Responsible For Any Indirect, Incidental, Special, Punitive Or Consequential Damages Resulting From Contract, Tort, Negligence, Strict Liability, Warranty Or Any Other Theory Of Liability. The Maximum Amount Of Liability The Company And Its Affiliates May Face For Any Claims In Relation To These Terms Or Allure Ai Is Limited To The Amount You Have Paid To Use Allure Ai, Or Ten Dollars If You Have Not Made Any Payments. This Exclusion Of Damages Is An Essential Part Of The Agreement Between The Company And You. However, The Limitations In This Section Do Not Apply To Cases Of Fraud Or Intentional Misconduct, Or Situations Where Liability Cannot Be Excluded Or Limited Under The Law. Please Note That Some Jurisdictions May Not Allow The Exclusion Or Limitation Of Incidental Or Consequential Damages, So The Aforementioned Limitations May Not Apply To You.

14. RELEASE

‍With The Greatest Extent Allowed By Law, You Relieve The Company And Its Affiliated Parties From Any And All Responsibility, Liabilities, Demands, Claims, And Damages (Direct And Indirect) Of Every Sort, Known Or Unknown (Including, But Not Limited To, Allegations Of Negligence), Resulting From Conflicts Between Users Or The Actions/Inactions Of Third Parties. By Consenting To This Release, You Knowingly Surrender Any Rights You May Hold And Any Other Laws Or Common Legal Principles That Would Otherwise Limit This Release To Only Include Claims You Are Aware Of Or Suspect To Exist In Your Favor.

15. DISPUTE RESOLUTION; BINDING ARBITRATION

‍Kindly Take Note Of The Following Section As It Mandates Arbitration Of Certain Claims Against The Company And Restricts The Ways In Which You Can Seek Relief. With The Exception Of Small Claims Cases Where You Or The Company Initiate An Individual Action In A Small Claims Court In Your Billing Address County, Or Disputes In Which You Or The Company Request Injunctive Or Other Equitable Relief For Alleged Intellectual Property Violations, You And The Company Waive Your Right To A Jury Trial And The Option To Have Any Dispute Regarding These Terms Or Allure Ai Resolved In Court.Instead, All Disputes Arising From Or Related To These Terms Or Allure Ai 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 The Company.You And The Company Acknowledge That These Terms Concern Interstate Commerce And That This Section 15 Will Be Governed By The Federal Arbitration Act, With The Maximum Extent Allowed By Law. The Arbitrator 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. The Arbitrator Is Not Authorized To Conduct Class Arbitrations, Representative Actions, Or Consolidated Proceedings Involving Multiple Individuals.You Will Pay The Filing Fee For Any Arbitration You Initiate, While The Company Will Pay The Remaining JAMS Fees And Costs. For Any Arbitration Initiated By The Company, The Company Will Bear All JAMS Fees And Costs. You And The Company Agree That The State Or Federal Courts Of Delaware And The United States Sitting In Delware, Have Sole Jurisdiction Over Any Appeals And Enforcement Of Arbitration Awards.Any Claims Arising From Or Related To These Terms Or Allure Ai Must Be Filed Within One Year Of The Claim’s Occurrence, Or Else The Claim Will Be Permanently Barred And You And The Company Will Be Unable To Assert It.You Have 30 Days From The Date You First Accepted These Terms To Opt Out Of Binding Arbitration By Sending Written Notification To The Company. The Opt-Out Notice Must Include Your Full Name And Clearly State Your Intent To Opt Out Of Binding Arbitration. To Be Effective, Send The Opt-Out Notice To:

Ai Thumbnail Maker, LLC | [email protected]

By Opting Out Of Binding Arbitration, You Agree To Resolve Disputes In Accordance With Section 16.

16. GOVERNING LAW AND VENUE

By Using Allure Ai, Users Are Subject To The Laws Of Delaware And Must Also Abide By Any Local Legislation Valid In Their Own Jurisdiction.

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 The Company And Users Which Can’t Be Addressed Via Arbitration Or Small Claims Court, They Shall Be Solved Through The Courts Of Delaware, USA Sitting In That State.

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 Allure 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 Allure 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 Allure 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 [email protected]

19. TERMINATION

‍We Reserve The Right To End Your Access To Allure 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 Allure Ai. Upon Dissolution, Interruption, Or Termination Of Allure 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 Allure Ai. Furthermore, Neither The Application Nor Any Related Data Or Products Derived From Such Technology Shall Be Exported Or Reexported Without Prior Authorization From Allure 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

[email protected]

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).

HOW TO CONTACT US

‍If You Have Any Questions, Complaints Or Claims With Respect To These Terms Or Allure Ai, Please Contact Us Via Email At Support@Allure Aime.Ai Or Our Mailing Address:

Ai Thumbnail Maker, LLC

8 The Green, Suite B

Dover Delaware, 19901

[email protected]

MISCELLANEOUS

The Terms Of Use For Allure 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.

Refunds: Refunds will be granted on a case by case basis within a 30 day window. Our aim is for our customers to be happy. We typically refund anyone for any reason within that 30 day time frame.