Terms Of Use

Profile AI App Terms of Use

Update date: 2023/07/31

Welcome to use Profile AI products and related services! Thank you for using our products and/or services (hereinafter referred to as "Services"). By using our Services, you are agreeing to this Service Agreement. Please read this Service Agreement carefully and fully understand and comply with its terms.↳

This Agreement applies to all Profile AI App products/services, including upgrades and updates to the Services and products used by you during the term of this Agreement. If, in the course of reading this Agreement, you do not agree to this Agreement or any of its terms and conditions, you should immediately stop using our services. We may revise this Agreement in accordance with changes in relevant laws and regulations, our business conditions, adjustments to our business strategies, and upgrades to our products and services. You may review the latest version of the Agreement at any time by using the Service. If you do not agree with the changes to the Agreement, please stop using the Service immediately. If you continue to use the Service, you will be deemed to have accepted the changes to this Agreement.↳

If you are a minor under the age of 18, we recommend that you ask your guardian to read this Agreement carefully and to use our products and/or services or provide us with information only with your guardian's consent.↳

I. Content and form of the Services

1.1 Service Content

Profile AI App is an innovative "AI painting creation" product based on various self-developed and open-source deep learning algorithms and image algorithms, aiming to provide text-generated pictures, drawing pictures with pictures and related image editing and special effects editing functions, dedicated to providing inspiration for the public to create visual content and assisting them in artistic creation.↳

1.2 Service Form

Your use of the Service requires you to download and use our App: Profile AI on iOS and Android from the genuine App Store, for which we grant you a personal, non-transferable and non-exclusive license. You may use these products and services only for the purpose of accessing or using the Service.↳

1.3 Scope of License to Use AI Painting Services

Subject to the laws and regulations of the country or region where you are located, the copyright and right to use the works you create through our services belong to you, and we do not claim rights to these works. However, you are responsible for the content of your works, for example, you cannot pirate copies of other people's works through AI technology, infringe on other people's copyright, or violate other people's portrait rights and other aspects of the law, please refer to Article 2 of this agreement "User Code of Conduct and Restrictions on Use" for details.

II. User Conduct and Precautions

2.1 Product/Service Usage Guidelines

(1) You warrant that you shall not, and are prohibited from, directly or indirectly.

① Delete, conceal, or change any patent, copyright, trademark or other proprietary notices displayed on or contained in the Profile AI App products/services.

② interfere or attempt to interfere in any way with the proper functioning of the Profile AI App product/service or any part or feature thereof.

③ Avoid, attempt to avoid or claim to be able to avoid any content protection mechanism or Profile AI App product/service data metrics tool.

(2)Without the written permission of the Company, no user or third party shall directly or indirectly steal the video, graphic and other information content of Profile AI App products and related services by any means (including but not limited to stolen links, redundant theft, illegal crawling, simulated download, deep linking, fake registration, etc.), or delete or change the related information in any way (including but not limited to hiding or modifying domain names, platform-specific logos, user names, etc.). (2) Delete or change the rights management electronic information of the relevant information content in any way (including but not limited to hiding or modifying the domain name, platform-specific logo, user name, etc.).

(3)With the written permission of the Company, the sharing and forwarding of information content of Profile AI App products and related services by users and third parties shall also comply with the following norms.

①Shall not make any changes of any kind to the source pages of Profile AI App products and related services, including but not limited to the home page links and advertising system links of Profile AI App products and related services and other entrances, nor shall they obstruct the display of the source pages of Profile AI App products and related services in any form such as obscuring, inserting or pop-up windows.

②Shall take safe, effective and strict measures to prevent the information content of Profile AI App products and related services from being illegally accessed by third parties in any form, including but not limited to "spider" programs.

③Not to use the relevant data content for purposes other than those permitted in writing by the company, or to disclose, provide or allow third parties to use it in any way.

If the user violates the above guarantee and causes damage to Profile AI App product service, users or any partners, the user is responsible for all legal responsibilities and compensation for damages.

(4)You shall not use the web service system for any illegal purpose; you shall not use the Profile AI App Product Service web service system for any act that may adversely affect the normal operation of the Internet or mobile network.

(5)You shall not use the services of the Profile AI App product/service to engage in the following activities.

①accessing computer information networks or using computer information network resources without permission

②Deleting, modifying or adding to the functions of the computer information network without permission

③without permission, access to computer information networks in the storage, processing or transmission of data and applications to delete, modify or add.

④intentional production, dissemination of computer viruses and other destructive programs

⑤ Other acts that endanger the security of computer information networks.

2.2Information content production specification

(1) The information content mentioned in this agreement refers to any content created, copied, published and disseminated by you in the course of using the Service, also known as the information content of Profile AI App products/platform.

(2)You understand and agree that Profile AI App has been committed to providing users with a civilized, healthy, standardized and orderly network environment, and you shall not use the Profile AI App platform services to create, copy, publish or disseminate content that interferes with the normal operation order of the Profile AI App platform, violates the provisions of laws and regulations, or infringes the legitimate rights and interests of other users or third parties. You shall not use the Profile AI App Service for any other illegal purposes.

(3)You understand and agree that your words and actions on this platform must comply with relevant laws and regulations and Profile AI App platform policies, and you may not engage in any illegal or improper activities, including but not limited to

- Those that oppose the basic principles established by the Constitution.

-Endangering national security, leaking state secrets, subverting state power, and undermining national unity; damaging national honor and interests

-inciting ethnic hatred, ethnic discrimination, and undermining national unity

-undermining the state's religious policy, promoting evil cults and feudal superstitions

-Spreading rumors, disturbing social order and destabilizing society

-spreading obscenity, pornography, gambling, violence, murder, terror or abetting crime

- Insulting or slandering others and infringing on their legal rights

-In any way that violates any applicable national, federal, state, local or international law or regulation;

- To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use);

- Endangering national security, leaking state secrets, subverting state power, undermining national unity; harming national honor and interests;

- To provide medical advice and medical results interpretation.

(4)If you use the Profile AI App products/services to upload, produce, transmit or otherwise disseminate any information that infringes the legal rights and interests of a third party (including but not limited to patent rights, trademark rights, copyright and neighboring rights of copyright, portrait rights, privacy rights, reputation rights, etc.), and as a result, the product faces any complaints, reports, inquiries, claims, lawsuits, or the product You shall actively take all possible measures to ensure that the products are protected from such claims and lawsuits. You shall also be fully liable for any direct or indirect economic loss suffered by this product.

(5)You shall not use new technologies and applications based on deep learning, virtual reality, etc. to create, publish or disseminate false information. When you publish or disseminate non-true information made by new technology and new applications based on deep learning, virtual reality, etc., you shall mark it in a prominent way.

(6)In order to promote the healthy development of Internet content, all your actions on the Profile AI App platform shall conform to the bottom line of laws and regulations, the bottom line of socialist system, the bottom line of national interests, the bottom line of citizens' legitimate rights and interests, the bottom line of social public order, the bottom line of moral ethics and the bottom line of information authenticity. You shall be responsible for all actions under your registered account, including any content you publish and any consequences arising therefrom. You shall exercise your own judgment regarding the content of the Service and bear all risks arising from its use, including risks arising from reliance on the legality, accuracy, completeness or usefulness of the content. This product cannot and will not be liable for any loss or damage arising from the foregoing risks.

2.3User Precautions

(1)In order to provide a high-quality creative platform for all users and to enable the benign and healthy development of Profile AI App, we will severely deal with users who are involved in reactionary and pornographic avatars, signature files and those who publish pirated and undesirable contents. Once such behavior is found, you will be temporarily or permanently banned from using specific functions depending on the situation. The resulting loss will be borne by the user who violates the regulations.

(2) You understand and agree that Profile AI App has the right to punish any violation of the relevant laws and regulations or the provisions of this Agreement in its reasonable judgment, take appropriate legal action against any user who violates the law and report the relevant information to the relevant departments in accordance with the laws and regulations, and the user shall solely assume all legal responsibilities arising therefrom.

(3)You understand and agree that you shall be independently responsible for any claims, demands or losses claimed by third parties as a result of or arising from your violation of the provisions of this Agreement or the relevant Terms of Service; you shall also be jointly liable for any losses suffered by this product as a result.

(4) You understand and agree that in order to provide you with effective services, this product/service will utilize the processor and bandwidth of your terminal device and other resources. In the process of using this product/service, data traffic charges may be incurred, and you are required to find out the relevant tariff information from the operator and bear the relevant charges by yourself.

(5)When you use this product/service, you shall bear the following risk contents from Profile AI App which are beyond your control, including but not limited to.

① The risk of loss or leakage of personal information that may be caused by irresistible factors.

② You must choose the version of the product/service that matches the installed terminal device, otherwise, any problems or damages caused by the mismatch between the product/service and the terminal device model shall be borne by you.

③When you use the product/service to access a third party website, the risk that may result from the third party website and related content shall be borne by you.

④ The risks and responsibilities that may arise from the dissemination of the content you have published by others who have forwarded and shared it, and therefore such dissemination.

⑤ The risk of Profile AI App login failure, incomplete data synchronization, slow page opening speed, etc. caused by unstable wireless network signal, small wireless network bandwidth, etc.

⑥You acknowledge and know that all the contents generated by the current experience service are generated by artificial intelligence models, and we do not guarantee the accuracy, completeness and functionality of the generated contents, and the generated contents do not represent our attitude or opinions.

(6)Third party products and services

When you use the products or services provided by third parties in this product/service, please comply with the third party's user agreement. This product is not responsible for any disputes that may arise between you and products or services provided by third parties.

As a result of the user using the product/service or requesting Profile AI App to provide specific services, the product/service may invoke a third party system or support the user's use or access through a third party, and the results of the use or access are provided by such third party (including but not limited to the content accessed by the third party through the personal center, etc.), the product does not guarantee the safety, accuracy, effectiveness and other uncertainties of the services and content provided through the third party. The product does not guarantee the security, accuracy, effectiveness and other uncertain risks of the services and contents provided through third parties, and the product shall not be responsible for any disputes and damages arising therefrom.

III. Intellectual Property Rights and Related Rights

3.1This product retains full and undivided (including but not limited to) ownership, intellectual property rights and/or other legal rights to the following content, information.

(1)Profile AI App products/services and all elements thereof, including but not limited to all content, data, technology, software, code, user interface, trademarks, logos and other commercial marks, and any derivative works related to them.

(2)Any information and feedback provided by users to the Profile AI App product/service in connection with such service.(3)None of the above materials may be published, broadcast, rewritten or redistributed for the purpose of broadcast or distribution, directly or indirectly, in any media, or used for any other commercial purposes, without the consent of the Product or otherwise expressly agreed to in the Agreement. The Product shall not be legally or financially liable to the User or any third party in any way for delays, inaccuracies, errors and omissions arising out of the above material or in the transmission or delivery of all or part of the above material or for any damages arising therefrom or therefrom.

(4) All rights of any software (including but not limited to any images, photos, animations, videos, sound recordings, music, text and additional programs, accompanying help materials) used by the Profile AI App products/services for the purpose of providing network services belong to the copyright owner of the software, and without the permission of the copyright owner of the software, the user shall not reverse engineer, decompile or compile the software. engineer, decompile or disassemble, or otherwise discover the original code of the Software, or perform any act suspected of infringing copyright without the permission of the copyright owner of the Software.

3.2User-created content

The intellectual property rights of the content (drawings and kinetic works) generated by the User in the use of the Service belong to the User (creator), and Profile AI App only provides creation tools and does not claim any copyright. However, by using this product, the user tacitly allows the Profile AI App product platform to use and distribute the user's works created by the user in this product and related promotional materials, and Profile AI's related actions will not be considered as infringement. At the same time, users need to ensure that the content of their creations conforms to the relevant usage norms in the second point above, and that the content they create complies with laws and regulations.

IV. Disclaimers

4.1 In view of the special nature of network services, users agree that Profile AI App products/services may change, interrupt or terminate some or all of the network services at any time. If the changed, interrupted or terminated network service is a free network service, Profile AI App does not need to notify the user and does not need to bear any responsibility to any user or any third party.

4.2 You understand that Profile AI App products/services may require periodic or occasional maintenance or repair of the platform or related equipment on which the network services are provided, and Profile AI App products/services shall not be liable for any interruption of the paid network services for a reasonable period of time due to such circumstances, but Profile AI App shall give prior notice as far as possible.

4.3 The Profile AI App product/service may change the Service or remove some of its features at any time and for any reason, and the Profile AI App product/service may cancel or terminate the Service to the User at any time. The decision to cancel or terminate the Service by the Profile AI App product/service does not require a reason or notice to the User. Upon cancellation of the Service, the User's right to use the Service shall immediately cease. Once the Service is cancelled or terminated, any information stored by the User in the Service may not be restored.

4.4 Profile AI App products/services do not warrant (including but not limited to) that.

(1) The Service is suitable for the User's usage requirements.

(2)That the Service will be uninterrupted, timely, secure, reliable or error-free and that any products, services or other materials obtained by the User through the Service will meet the User's expectations.

(3)Your use of any information obtained through the Service is at your own risk; you shall be solely responsible for any damage to your computer system or loss of information resulting from such use.

(4)This product shall not be liable for any direct or indirect damages for loss of profits, business reputation, data or other tangible or intangible losses arising out of.

(5)The use of or inability to use the Service.

(6)Disputes or losses resulting from your authorization of third parties (including third party applications) to access/use their Service shall be borne by you.

(7)This product will provide you with the appropriate service according to the type of service you choose. You understand and agree that based on the user experience or Profile AI App platform operation security, platform rules requirements and health development and other comprehensive factors, you have the right to choose the object of providing services or cooperation, the right to decide the object and scope of function opening, data interface and related data disclosure, and the right to suspend or terminate the provision of the Service to users who have the following circumstances, including but not limited to.

①Violation of laws and regulations or the provisions of this Agreement.

②Affecting the user experience.

③there are security risks.

④Violation of Profile AI App platform operation principles or other management requirements of the product.

V.Third party software or technology

5.1 This product/service may use third party software or technology (including open source code and public domain code that may be used, the same below), and such use has been legally authorized.

5.2 If the Product/Service uses third-party software or technology, the Product will, in accordance with relevant regulations or agreements, display the relevant agreements or other documents, which may be attached to this Agreement, packaged in a specific folder of the Software installation package, or through the Open Source Software page, which may be displayed as a "Software License Agreement", "License Agreement", "License Agreement", "Open Source Software Page", etc. They may be expressed as "Software License Agreements", "License Agreements", "Open Source Licenses", or in other forms. The foregoing agreements, other documents and web pages, in any form, are an integral part of this Agreement and have the same legal effect as this Agreement, and you shall comply with these requirements. If you fail to comply with these requirements, such third party or state authority may bring a lawsuit, impose a fine or other sanction against you and request assistance from the Product, and you shall be solely responsible for such legal liability.

5.3 If any dispute arises from third party software or technology used by the Product/Service, such third party shall be responsible for resolving the dispute and the Product shall not be liable for it. This product does not provide customer service support for third party software or technology, if you need to obtain support, please contact the third party.

VI.Other

6.1 To the extent permitted by law, the final right to interpret this Agreement shall be vested in Profile AI App.

6.2 This Agreement shall be effective upon publication and the Product shall have the right to amend the content of this Agreement at any time. If you do not agree with the modifications made to the relevant terms of this Agreement, then you have the right to stop using the Web Services. If you continue to use the Network Services, you are deemed to accept the modifications made by the Product to the relevant terms of this Agreement. If you do not accept the modified agreement, you should stop using the Software.

6.3 The headings listed before each provision of this Agreement are for the sole purpose of helping you understand the subject matter expressed in that provision and do not affect or limit the meaning or interpretation of the terms of this Agreement. In order to protect your own rights and interests, we recommend that you read the specific terms and conditions carefully.

Thank you again for your trust in and use of the Profile AI App!

If you have any questions regarding the use of this Agreement, please contact us at imdevapp@aliyun.com