Terms and Conditions for Real Photo AI

Last Updated: August 30, 2024

Welcome to Real Photo AI! By using our app, you agree to be bound by the following terms and conditions ("Terms"). Please read them carefully before using our services. If you do not agree with these Terms, do not use our app.

1. Acceptance of Terms
By accessing or using Real Photo AI ("the App"), you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, please do not use the App.

2. Services Provided
Real Photo AI allows users to generate AI-generated images and videos, including but not limited to avatars and realistic images of themselves. Users can upload images to create their personalized avatars, which can then be used to generate realistic AI-generated content.

3. Third-Party Services
Real Photo AI utilizes a third-party service, Replicate, to host AI models and facilitate the training of these models for personalized content generation. By using the App, you acknowledge and agree that:

Real Photo AI is not responsible for the services provided by Replicate or any other third-party service.
Any issues, claims, or disputes arising from the use of Replicate's services are to be resolved directly with Replicate.
4. User Content and Conduct
Users are solely responsible for any content they generate or upload using the App. By using the App, you agree not to:

Upload or generate any content that is illegal, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.
Violate any applicable local, state, national, or international laws.
Infringe upon the rights of others, including intellectual property rights.
Real Photo AI reserves the right, but has no obligation, to monitor, review, or remove any content that violates these Terms or is otherwise objectionable.

5. Intellectual Property
All intellectual property rights in the App and its content, including but not limited to text, graphics, logos, and software, are owned by or licensed to Real Photo AI. You agree not to reproduce, distribute, modify, or create derivative works from any part of the App without our express written consent.

6. Age Restrictions
By using the App, you confirm that you are at least 13 years old or the age of majority in your jurisdiction if it is higher. If you are under the age of 18, you must have your parent or guardian's permission to use the App and agree to these Terms. Real Photo AI is not intended for children under 13, and we do not knowingly collect personal information from anyone under 13.

7. Data Privacy and Security
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the App, you consent to the collection and use of your data in accordance with our Privacy Policy. We take reasonable measures to protect your data but cannot guarantee its absolute security.

8. Disclaimer of Warranties and Limitation of Liability
Disclaimer of Warranties:
The App is provided on an "as-is" and "as-available" basis. Real Photo AI makes no representations or warranties of any kind, express or implied, regarding the use or the results of this App in terms of its correctness, accuracy, reliability, or otherwise.

Limitation of Liability:
To the fullest extent permitted by law, Real Photo AI, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the App; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the App; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our App by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the App; and/or (vi) user-generated content.

9. Indemnification
You agree to indemnify, defend, and hold harmless Real Photo AI, its affiliates, and their respective officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from your use or misuse of the App, violation of these Terms, violation of any rights of another person or entity, or any breach of your representations and warranties set forth in these Terms.

10. Termination
Real Photo AI reserves the right to terminate or suspend your account and access to the App at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

11. Modifications to the Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the App. Your continued use of the App after the posting of any changes constitutes your acceptance of those changes.

12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Texas, without regard to its conflict of law principles.

13. Feedback and Suggestions
By submitting feedback, suggestions, or other communications to us, you grant Real Photo AI a perpetual, irrevocable, worldwide, royalty-free, and transferable license to use, reproduce, modify, publish, distribute, and create derivative works from such submissions for any purpose.

14. Contact Information
If you have any questions about these Terms, please contact us at hello@vmgmsoftware.com.