Terms of Service

1. Introduction and Acceptance

Welcome to Makeover AI. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Vaionex Corporation, a Delaware corporation ("Company," "we," "us," or "our"), governing your access to and use of the Makeover AI website, applications, and services (collectively, the "Service").

By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use our Service.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms.

2. Eligibility

To use our Service, you must:

• Be at least 16 years of age, or the age of majority in your jurisdiction, whichever is higher
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable laws
• Not have been previously suspended or removed from the Service

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Account Registration and Security

To access certain features of our Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Immediately notify us of any unauthorized access or use of your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, or in violation of these Terms.

4. Description of Service

Makeover AI provides AI-powered image transformation services, including but not limited to:

• Fashion makeover transformations
• Hair style visualization
• Interior design transformations
• AI-generated photoshoots and portraits

The Service uses artificial intelligence and machine learning technologies to process and transform images you upload. Results may vary based on input quality, selected options, and the inherent limitations of AI technology.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

5. User Content and Consent Requirements

5.1 Your Content

"User Content" refers to any images, photographs, or other materials you upload, submit, or transmit through the Service. You retain all ownership rights in your User Content.

5.2 Required Consents and Permissions

By uploading any image containing a person's likeness to our Service, you represent and warrant that:

• If the image is of yourself, you are voluntarily providing it for processing
• If the image contains any other identifiable person, you have obtained their explicit, informed consent to upload their image and have it processed by AI technology
• You have complied with all applicable laws, regulations, and legal requirements regarding the collection, use, and processing of personal images and biometric data, including but not limited to privacy laws, data protection regulations, and any laws requiring consent for the use of a person's likeness
• For images of minors, you have obtained consent from their parent or legal guardian, in accordance with applicable child protection laws
• You have informed the individuals depicted about the nature of the AI processing and obtained their consent for such processing

Different jurisdictions have varying legal requirements regarding consent for the use of personal images, including but not limited to the General Data Protection Regulation (GDPR) in Europe, the Illinois Biometric Information Privacy Act (BIPA), the California Consumer Privacy Act (CCPA), and other applicable privacy and publicity rights laws. You are solely responsible for understanding and complying with all applicable laws in your jurisdiction and the jurisdiction of any individuals depicted in the images you upload.

5.3 License Grant

By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, process, and display your User Content solely for the purpose of providing and improving the Service. This license terminates when you delete your User Content or account, except for copies that may exist in our backup systems or as required for legal compliance.

5.4 Ownership of Generated Content

Subject to your compliance with these Terms, you own the AI-generated images created from your User Content. You may use these generated images for personal or commercial purposes, provided that:

• You have all necessary rights and consents as described in Section 5.2 above
• Your use complies with all applicable laws and regulations
• Your use does not violate the rights of any third party, including privacy, publicity, or intellectual property rights
• Your use does not violate the Prohibited Uses outlined in Section 7 of these Terms

5.5 Content Representations

You represent and warrant that your User Content:

• Does not infringe any third-party intellectual property rights
• Does not violate any person's rights of privacy or publicity
• Does not contain unlawful, defamatory, or harmful content
• Complies with all applicable laws and regulations

6. Credits, Subscriptions, and Payments

6.1 Credit System

Our Service operates on a credit-based system. Credits are required to use certain features and are consumed when you generate images. The number of credits required per generation may vary based on the feature used and is displayed before processing.

6.2 Free Credits

New users may receive complimentary credits upon registration. Free credits are provided at our discretion and may be subject to limitations, expiration, or modification without notice.

6.3 Subscriptions

We offer subscription plans that provide a monthly allocation of credits and additional benefits. Subscriptions are billed on a recurring basis according to the billing cycle selected at the time of purchase. Your subscription will automatically renew unless canceled before the end of the current billing period.

6.4 Credit Top-Ups

Subscribers may purchase additional credits ("top-ups") at any time. Top-up credits are added to your account immediately upon successful payment.

6.5 Payment Processing

All payments are processed through Stripe, our third-party payment processor. By making a purchase, you agree to Stripe's terms of service. You represent that you are authorized to use the payment method provided and authorize us to charge your payment method for all purchases.

6.6 Refund Policy

Subscription fees may be refundable within 7 days of initial purchase if you are not satisfied with the Service, provided you have not used a significant portion of your credits. Refund requests should be submitted to our support team. Credits that have been used are non-refundable. We reserve the right to deny refund requests that we determine, in our sole discretion, to be fraudulent or abusive.

6.7 Credit Expiration

For subscription plans, unused credits may expire at the end of each billing cycle and do not roll over to the next period, unless otherwise specified in your plan terms. Top-up credits may have different expiration terms as specified at the time of purchase.

6.8 Price Changes

We reserve the right to modify our pricing at any time. Price changes for subscriptions will take effect at the start of the next billing cycle following notice of the change.

6.9 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support. Upon cancellation, you will retain access to subscription benefits until the end of your current billing period, after which your account will revert to free tier access.

7. Prohibited Uses

You agree not to use the Service to:

• Upload images of individuals without their consent as required by applicable law
• Create, distribute, or facilitate the creation of non-consensual intimate imagery
• Generate images for the purpose of fraud, deception, impersonation, or identity theft
• Create defamatory, harassing, threatening, or abusive content
• Generate content that sexualizes minors or depicts child exploitation
• Create content promoting violence, terrorism, or illegal activities
• Generate content that infringes intellectual property rights of others
• Circumvent, disable, or interfere with security features of the Service
• Use automated means to access the Service without our express permission
• Reverse engineer, decompile, or attempt to extract source code from the Service
• Interfere with or disrupt the integrity or performance of the Service
• Attempt to gain unauthorized access to any part of the Service
• Use the Service for any purpose that violates applicable laws or regulations
• Create misleading content intended to deceive others about its AI-generated nature where disclosure is required by law

We reserve the right to investigate and take appropriate action against anyone who violates these prohibitions, including removing content, suspending or terminating accounts, and reporting to law enforcement authorities.

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Service, including its original content, features, functionality, design, and underlying technology (excluding User Content), is and will remain the exclusive property of Vaionex Corporation and its licensors. The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Trademarks

"Makeover AI," "Vaionex," and associated logos are trademarks of Vaionex Corporation. You may not use these trademarks without our prior written consent.

8.3 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us an unlimited, irrevocable, perpetual, royalty-free license to use such Feedback for any purpose without compensation or attribution to you.

9. Third-Party Services and Links

Our Service may integrate with or contain links to third-party websites, services, or content. We do not control, endorse, or assume responsibility for any third-party services. Your interactions with third-party services are governed by their respective terms and policies.

Our Service utilizes third-party services including, but not limited to:

• Google Firebase (authentication and database)
• Stripe (payment processing)
• AI model providers (image processing)
• Cloud storage providers

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• The Service will be uninterrupted, secure, or error-free
• Results obtained from the Service will be accurate or reliable
• The quality of any products, services, information, or other material obtained through the Service will meet your expectations
• Any errors in the Service will be corrected

AI-generated content may contain errors, inaccuracies, or artifacts. You acknowledge that AI technology has inherent limitations and the results may not always meet your expectations.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VAIONEX CORPORATION, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of, or inability to access or use, the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to defend, indemnify, and hold harmless Vaionex Corporation and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your User Content, including any claim that your User Content infringes the rights of any third party
• Your failure to obtain required consents for images you upload
• Your use of the Service in violation of applicable laws
• Your use of generated content in violation of third-party rights
• Any claim arising from your violation of privacy, publicity, or other rights of individuals depicted in your User Content

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and User Content
• Any unused credits will be forfeited
• Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability

You may terminate your account at any time by using the account deletion feature in your profile settings or by contacting us.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the federal or state courts located in Delaware, and you consent to the personal jurisdiction of such courts.

15. Dispute Resolution

15.1 Informal Resolution

Before filing any formal legal action, you agree to first contact us and attempt to resolve any dispute informally. We will attempt to resolve the dispute by contacting you via email within 30 days.

15.2 Arbitration Agreement

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Delaware. The arbitrator's decision shall be final and binding.

15.3 Class Action Waiver

YOU AND VAIONEX CORPORATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and us regarding the Service.

16.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government actions, or internet or telecommunications failures.

16.6 Notices

We may provide notices to you via email, posting on the Service, or other reasonable means. You may provide notices to us by email at the address below.

17. Contact Information

If you have any questions about these Terms of Service, please contact us: