Terms of Use

1. Acceptance of Terms

By creating an account, accessing, or using our Services, you confirm that you have read, understood, and agree to comply with these Terms. If you do not agree with any part of these Terms, you must not use our Services.

2. Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding contract.

3. Description of Services

TakePicsAI provides an AI-powered platform that allows users to upload photos for the purpose of AI model training and image generation based on the user's likeness.

4. Account Registration

• Accuracy of Information: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate and complete.
• Account Security: You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account.

5. User Responsibilities

5.1 Content Ownership and License

• Your Content: You retain all rights to the photos and content you upload ("User Content"). By uploading User Content, you grant TakePicsAI a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and adapt your User Content solely for the purposes of providing and improving the Services.
• Representations and Warranties: You represent and warrant that you own or have the necessary rights and permissions to use and license the User Content and that such use does not violate any third-party rights or applicable laws.

5.2 Prohibited Activities

You agree not to:

• Upload content that is illegal, harmful, defamatory, obscene, infringing, or otherwise objectionable.
• Use the Services for any unauthorized or unlawful purpose.
• Attempt to gain unauthorized access to any part of the Services or systems.
• Interfere with or disrupt the integrity or performance of the Services.

6. Payments, Refunds, and Chargebacks

• Payment Processing: Payments for our Services are processed securely through Stripe. By making a purchase, you agree to Stripe's Terms and Privacy Policy.
• Fees: You agree to pay all fees associated with the Services you select. All fees are exclusive of taxes unless otherwise specified.
• Refund Policy: Due to the personalized nature of our Services, all sales are final. We do not offer refunds once the AI model training has commenced.
• Chargebacks: Initiating a chargeback without first contacting us to resolve the issue is considered a breach of these Terms. We reserve the right to suspend or terminate your account and may pursue legal action to recover any losses.

7. Intellectual Property Rights

• TakePicsAI Content: All materials provided through the Services, including but not limited to software, text, images, and designs ("Company Content"), are owned by TakePicsAI or its licensors and are protected by intellectual property laws.
• Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use the Company Content solely for your personal, non-commercial use.

8. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data. By using the Services, you consent to the practices described in the Privacy Policy.

9. Disclaimers

• No Warranty: The Services are provided on an "as is" and "as available" basis. TakePicsAI disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
• No Guarantee: We do not guarantee that the Services will be uninterrupted, secure, or error-free, or that any defects will be corrected.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• Indirect Damages: TakePicsAI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses.
• Aggregate Liability: Our total liability to you for all claims arising out of or relating to these Terms or the Services shall not exceed the amount you have paid to TakePicsAI in the last twelve (12) months.

11. Indemnification

You agree to indemnify, defend, and hold harmless TakePicsAI, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of or related to:

• Your use or misuse of the Services.
• Your violation of these Terms.
• Your infringement of any intellectual property or other rights of any person or entity.

12. Termination

• By You: You may terminate your account at any time by contacting us at contato@fintz.com.br.
• By Us: We reserve the right to suspend or terminate your access to the Services at any time, with or without notice, for any reason, including but not limited to violation of these Terms.
• Effect of Termination: Upon termination, all rights granted to you under these Terms will cease immediately.

13. Governing Law and Jurisdiction

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

• For EU Residents: You may have additional rights under your local laws.
• For Brazilian Residents: These Terms are governed by Brazilian law, and any disputes will be resolved in Brazilian courts.
• For U.S. Residents: Any legal action will be brought in the state or federal courts located in Brazil.

14. Changes to the Terms

We may update these Terms from time to time to reflect changes in our Services or for legal reasons. When we make changes, we will update the "Last Updated" date at the top of the Terms. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

15. Miscellaneous

• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Entire Agreement: These Terms, along with the Privacy Policy, constitute the entire agreement between you and TakePicsAI regarding the Services.