PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS BEFORE USING THE MOBILE APP. BY USING THIS MOBILE APP YOU AGREE TO THESE TERMS AND CONDITIONS 1. GENERAL These Terms and Conditions govern the access and use of the Remuse mobile application (hereinafter the “Mobile App”) and of the services we offer on the Mobile App. By accessing our Mobile App, you thereby agree that you have read, understood, and agree or consent to be bound by these Terms and Conditions and our Privacy Statement. ”Remuse” is the commercial name of Remuse Labs S.R.L., a legal entity having its headquarters in Romania (hereinafter ”Remuse”). Please read carefully the terms of use set below before you start using the Mobile App. If you do not agree with any of the Terms and Conditions set below you should not use and you are not authorized to use the Mobile App or any of the services available on the Mobile App. We reserve the right to modify, change and update these terms and conditions at any time. All changes are effective immediately. We do not guarantee that you can be notified regarding such changes, therefore it’s your sole responsibility to stay updated on any changes we may implement to the Terms and Conditions of the Mobile App. Such changes will only affect the relationship with you for the future. The continued use of the Mobile App will signify your acceptance of the revised Terms and Conditions. If you do not wish to be bound by the changes, you must stop using the Mobile App. If required by applicable law, Remuse will specify the date by which the modified Terms and Conditions will enter into force. In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms and Conditions will remain in full force and effect. Any failure of Remuse to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision. In order to address a question, to resolve a complaint regarding the use of the Mobile App or of the services, or to receive further information regarding the services, please contact Remuse via e-mail at [email protected].
2. ACCESSING THE MOBILE APP AND THE SERVICES In order to use our Mobile App and services you agree you are not under any legal interdiction to use the Mobile App under any applicable law. If you are accepting these Terms and Conditions and using the services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms and Conditions, in which case the words “you” and “your” as used in these Terms and Conditions shall refer to such entity. Before you use a service provided by us you need to connect by registering an account on our Mobile App. You can create an account by providing your email address and chosen password or by using an authenticator plug-in from the list of available options on the Mobile App (such as Google or Apple). We will never ask for your email’s or authentication method’s sign-in details in any circumstance. We shall not be held liable for any issue regarding a possible authentication method malfunction. Remuse is not responsible in any way for the security of your sign-in credentials and the account activity or any damage you may incur if you fail to take the adequate security measures to protect your credentials or other account details. You have the option of subscribing to a paid plan that provides additional rights to the subscribed user. By choosing to access the Mobile App though the paid plan according to Chapter III of the present Terms and Conditions, you hereby expressly declare that you understand that Remuse is not responsible for the fulfilment of any payments and the security of the payment method’s data, the payment being processed by either Apple’s payment platform or Google’s payment platform, according to the device you utilize to access the Mobile App. Remuse is not responsible in any way for the way you use your account, your activity on the Mobile App associated with your account or when using any feature of the services, or the content you publish or utilise on the Mobile App. Remuse shall not be liable in any way for any damage you may incur or suffer as a result of your own activity or your interactions with other users in the Remuse digital ecosystem. You are the sole responsible for your use of any feature or services of the Mobile App including compliance with applicable laws, rules, and regulations. Remuse shall have the right at any time to change or discontinue any or all aspects or features of the Mobile Apps or of certain services. Remuse reserves the right to terminate your access to the Mobile App or to any of its features or services at any time, without or without notice, for violation of these Terms and conditions or for any other legitimate reason, at Remuse’s sole discretion. 3. USING THE MOBILE APP AND ITS SERVICES
Usage initiation and Plans
You have to successfully complete the registration process in order to access the Mobile App and its services by authenticating through the email and password process or by utilizing an authentication method as stated in Chapter II of the present Terms and Conditions. Additionally, you must also choose a suitable username that will be displayed on your public profile on the Mobile App. You are bound to choose an appropriate username, abstaining from any words or phrases that may indicate any form of profanity, discrimination, sexual references or other inappropriate content. You may choose to either utilize the Free Plan or the Premium Plan:
The Free Plan consists of 1 (one) photo for each generation, the right to a maximum of 100 swipes per day (a swipe being the action of accessing the following visual representation of a digital model created within the Mobile App in order to reach the desired visual representation of the model) and the right to vote in the Remuse contests.
The Premium Plan gives you the right to receive 4 (four) variations for each of the generated image, an unlimited number of swipes per day, the right to participate to the Remuse contests with any of the generated and collected visual representation of a digital model and the right to download the collected visual materials of the digital models without the branding (watermark) of Remuse. Library usage & Assets The purpose of the Mobile App is to give you access to a library of digital models’ representations that you can visualise and save/reserve in order to display the visual representations and utilize them by registering into contests (“Beauty Contests”).As you swipe through the library displayed to you, you are the sole viewer of the displayed pieces. During the time you see the visual representations of the digital models (“Asset”), no other user of the Mobile App has access to the respective Assets. The moment you exit the Mobile App, exit the library or do any other action that seizes your access to the library, the Assets may become available to the other users of the Mobile App. If, at any moment, you collect one of the displayed Assets, the particular Asset becomes unavailable to the other users of the Mobile App and it is reserved exclusively to you. You may choose to use the Asset or not. The Assts may not be transferred from a user to another. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our services may, in some situations, result in Assets that do not accurately reflect the intended purpose of our services.
Thus, while browsing through the library of Assets, since the Assets are artificially generated in a volume that is incompatible with a risk-free human screening process, Assets will not always be accurate and you may encounter unsuitable or inappropriate content (such as, but not limited to, objects unrelated to any digital model or obscene content). We will not be held liable for any such event and you hereby declare that you accept the risk of such encounter. You have the responsibility of using the reporting function of the Mobile App in order to report any such content. You may not collect and use any Asset that displays unsuitable scenarios such as obscene or discriminatory content. You are solely responsible for the use of this content and the consequences of providing this content via the Mobile App. Therefore, you understand and agree that, when using the Mobile App, you may be exposed to content that may be inaccurate, offensive, indecent, or objectionable and that Remuse is not responsible for screening the entire library of Assets that are displayed to users. Remuse has internal procedures for mitigating these encounters, but does not guarantee, in any case, that the Materials will fully comply with the reasonable expectations of the users. Therefore, you must evaluate Assets for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Assets within the Mobile App and/or Beauty Contests. Furthermore, You must not use any Asset relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them. Remuse makes no representations or warranties as to the quality, origin, or ownership of any content found on the Mobile App. Remuse will not be liable for any errors, misrepresentations, or omissions in, of, and about, the content, nor for the availability of the content. If Asset references any third party products or services, it does not mean the third party endorses or is affiliated with Remuse. You understand and agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Remuse with respect to the digitally generated content and/or the Assets.
Beauty Contests Remuse will regularly organise Beauty Contests. We will publicly display the theme of the contest (such as Western Beauty or Cyberpunk), registration deadline, prize and number of participants. When Remuse organises Beauty Contest through the Mobile App, you may utilize the collected materials to enter into the available competitions according to the requirements published by Remuse. You may choose to participate with any of the collected Assets. Once submitted, the submitted Asset may be changed until the submission deadline publicly communicated by Remuse expires. If you submit an Asset, you undertake that the Asset is compliant with the requirements set forth in these Terms and Conditions and that it does not contain or reference inappropriate content as described above in the Library usage & Asset section. If you do not comply with this requirement, your submission can be reported by the other users and can be immediately removed from the Beauty Contest without any prior notice or further explanations. Remuse may also take further action against you, including removing your access from the Mobile App. You may not be compensated for any of the above-mentioned measures taken by Remuse. If you purchased a Premium Plan and your access is removed, you may not be entitled to a reimbursement. You may view the submissions of other users at any Beauty Contest without the requirement to also participate in the respective Beauty Contest. Any user has the right to vote exclusively one Asset from each Beauty Contest. Until the Beauty Contest winner is determined, you may change your vote and choose to give your vote to another Asset displayed in a Beauty Contest. The Beauty Contest results are announced by Remuse through the Mobile App at the date and time specified in the details of each Beauty Contest. The winners will be determined according to the number of votes received by each Asset from the other users of the Mobile App. 4. REWARDS The winner of a Beauty Contest may receive prizes consisting of goods and services provided by Remuse’s sponsors or in-app points. Remuse is not responsible for the conformity, availability or quality of the goods and services provided by the Remuse’s sponsors and will not be held liable for any damages caused by the actions of the sponsors. When you receive a prize consisting of in-app points, you will be able to use these points according to the available options presented by Remuse in the Mobile App. The main and permanently available use case of the in-app points is the option of purchasing the Premium Plan according to the displayed price expressed in in-app points. You can also be rewarded with points as a token of appreciation for your engagement and participation within the Mobile App. The value of these points is variable, with an approximate guideline suggesting that a certain number of points may equate to one US dollar. The acquisition of points can be achieved through a variety of activities within the app. For example, participants in Beauty Contests may earn points based on their placement, with the range of points for each position subject to change. Similarly, points can be earned for actively engaging with our content. A typical activity such as viewing a set number of photos within the app could earn points, although the exact number of photos and points may vary. This count is reset daily. Additionally, social interactions within the app are also rewarded. Points can be earned for each like received on published Assets in the feed or on the following page, with the possibility of the point value and count resetting daily. Please note that these points and their values are subject to change and are an integral part of our evolving rewards system, aimed at enhancing the user experience and fostering active participation within our community
5. CAMPAIGNS AND PROMOTIONAL OFFERS
From time to time, Remuse may launch marketing campaigns and promotional offers ("Campaigns") related to its services, which may include discounts, vouchers, and other incentives designed to enhance user experience and encourage engagement with our services. These Campaigns are subject to the following terms:
Eligibility: Participation in Campaigns is open to all registered users of the Mobile App, except where prohibited by law or by the specific terms of the Campaign. Eligibility criteria for each Campaign will be clearly stated within the promotional materials.
Campaign Details: Specific details of each Campaign, including the nature of the discount or voucher, validity period, applicable services, and any usage conditions, will be communicated at the time of the Campaign announcement through our official channels, such as the Mobile App, our social media pages, or via email.
Redemption: Discounts and vouchers must be redeemed within the specified validity period and can only be applied towards the services detailed in the Campaign. Unless otherwise stated, discounts and vouchers are non-transferable, cannot be exchanged for cash, and cannot be combined with other offers or credits.
Limitations: Remuse reserves the right to limit the availability of Campaigns to certain regions, services, or users based on specific criteria. Furthermore, we reserve the right to modify, suspend, or terminate any Campaign at any time without prior notice, due to unforeseen circumstances or for any reason deemed necessary for the integrity and fair administration of the Campaign.
Responsibility: Users participating in Campaigns agree to comply with all applicable laws and regulations and not to misuse discounts or vouchers in any manner that is fraudulent or detrimental to the Mobile App or its users.By participating in any Campaigns offered by Remuse, you agree to be bound by these Terms and Conditions and any additional terms and conditions specific to the Campaign. It is your responsibility to stay informed about any changes to these terms.
6.PRIVACY
We are committed to responsibly handling the personal information and data we collect through our services in compliance with our Privacy Statement. This includes information you provide directly to us, as well as data we collect automatically when you use our services. For a detailed explanation of how we collect, use, and share your personal information, as well as the measures we take to protect your data, please refer to our full Privacy Statement available at [Privacy Statement URL].
We encourage you to read the Privacy Statement carefully to understand our practices regarding your information and how we will process it. We reserve the right to request additional information in order to grant you permission to use certain features and services on the Mobile App. You are entirely responsible for the accuracy of the information you provide and the validity of the documents you may be requested to present.
7.OWNERSHIP AND PROPERTY RIGHTS The architecture of the Mobile App, its graphics, user interfaces, visual interfaces, symbols and representations, logos, artwork and computer code provided on the Mobile App belongs to Remuse and is protected by copyright, patent and trademark laws, intellectual property law.
The Mobile App in whole or in part may not be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Mobile App or other medium for publication or distribution for any commercial purpose, without REMUSE express prior written consent.
The Mobile App incorporates artificial intelligence (AI) functions that generate the Assets as described in section Library usage & Assets of these Terms and Conditions. By using these Mobile App, you undestand and agree that Assets generated within the Mobile App are the result of complex algorithms owned and operated by Remuse. Consequently, while users may have rights to use the Assets within and outside of the Mobile App, all underlying rights in and to the proprietary AI technology, including copyrights, patents, and other intellectual property rights in the Assets, are retained by Remuse. You are granted a non-exclusive, royalty-free, worldwide license to use, reproduce, distribute, display, and perform the Assets solely for personal, non-commercial purposes and within the services offered by us. This license does not include the right to modify the Assets, create derivative works based upon the Assets, or use the Assets for commercial purposes without obtaining a separate, express written permission from Remuse.
We reserve the exclusive right to sell, license, or otherwise commercialize any aspect of the Assets or the AI functions producing such content. You agree not to assert any intellectual property rights over the Assets against us or any third party licensed by Remuse.
You acknowledge and agree that the Assets may not be used to infringe upon the rights of others, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. Remuse reserves the right to remove or disable access to any Asset that is found to be in violation of these Terms and Conditions or any third-party rights.
Any and all applicable statutory limitation or exception to copyright shall stay unaffected. 8. USER INTERACTIONS
The Mobile App allows third parties to interact with each other, follow other users’ activity, have access to the published profile photo and communicate through text or voice messages. You may choose to accept, delete or block any communication with the other users. You will, at all times, refrain from any form of harmful communication, including, but not limited to, bullying or harassment. Remuse has no control and assumes no legal responsibility for the actions of the users on the Mobile App and the interactions they have with other users on the Mobile App. Remuse is not directly involved in the interactions between users of the Mobile App. As a result, Remuse has no control over the truth, accuracy, quality, legality, or safety of the communications of the Mobile App users. Remuse shall have no responsibility to confirm the identity or background of users. You shall at all time exercise common sense and good judgment when interacting with any user of the Mobile App. Remuse does not undertake or assume any duty to monitor the actions of users on the Mobile App or check the content submitted by users on the Mobile App.
REMUSE reserves the right to block, limit or restrict access to any part of the Mobile App, for any reason and without liability, including without limitation, if a reasonable belief exists that an action or content might infringe on the rights of any third party or be in breach of any law or these Terms and Conditions. 9. RULES OF USAGE
The Mobile App may only be used within the scope of what they are provided for, under these Terms and conditions and applicable law.You are entirely responsible for the way you use the Mobile App and its services. By accessing and using the Mobile App and its service you agree that you will not use it in such manner that may cause any kind of damage or harm to others.
You agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and content, while accessing or using the Mobile App or the available features or services.
Remuse cannot and will not be liable for any loss or damage arising from the usage of the Mobile App or for failure to comply with these Terms and Conditions or with any applicable law or regulations.
You agree to be responsible for all actions taken using your account, whether authorized by you or not, until you either close your account or notify the company that your account and has been compromised. While using the Mobile App you are not allowed to engage in any criminal or illegal activities and you may not use this Mobile App in any manner that is illegal, offensive, or otherwise harmful to others. This includes communicating with other users in a manner that is harassing, inappropriate, or abusive.
You will not take any action or use the Mobile App in any malicious way that could lead to technical problems or damage of the Mobile App, its features of any of the services. Remuse may investigate and prosecute violations of these terms and conditions to the fullest legal extent. We may notify and cooperate with law enforcement authorities in prosecuting violations of the law in relation to the usage of the Mobile App or our services.
We reserve the right to take any appropriate measure to protect its legitimate interests including by denying users access to the Mobile App, terminating contracts, reporting any misconduct performed through the Mobile App to the competent authorities – such as judicial or administrative authorities - whenever users engage or are suspected to engage in any of the following activities: -violate laws, regulations and/or these Terms and Conditions; -infringe any third-party rights;considerably impair Remuse’s legitimate interests; -offend Remuse, users of the Mobile App or any third party.
Remuse reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms and Conditions, taking the user’s legitimate interests into account. Provisions regarding changes of these Terms and Conditions will apply accordingly.
You may not assign or transfer their rights or obligations under these Terms and Conditions in any way, without the written permission of Remuse.
10. DISCLAIMERS
By agreeing to these Terms and Conditions you understand that you are solely responsible for the security of the credentials associated with your account when you use the Mobile App. We will not be held liable for any losses or damages incurred due to the loss or theft of your associated credentials.
While Remuse integrates external platforms (such as Apple's or Google's payment platforms), we do not assume responsibility for any issues, malfunctions, or security breaches that may occur on these platforms. Your use of such platforms is governed by their respective terms and conditions.
Remuse does not in any way guarantee that through your activities on the Mobile App you will acquire any gains or you will not suffer any losses, or that the in-app points offered as prizes will have any value or use cases. In no event and under any circumstances will Remuse be held liable for any losses incurred as a result of your activity on the Mobile App.
11. FEES
All fees and purchases made on the Mobile App are final and non-refundable, except as required by applicable law. By accessing the Mobile App you agree to pay all the applicable fees. Remuse may revise the pricing for the goods and services offered on the Mobile App at any time.
12. LIMITATION OF LIABILITY
Remuse shall not bear any liability for the actions or conduct of any user or of any third parties in connection to the Mobile App and of any of its services. Users take full responsibility for the use of the Mobile App.
To the maximum extent permitted by applicable law, in no event shall Remuse, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for: -any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use the services, the Assets and/or the Mobile App; -any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Mobile App or the information contained therein; -any errors, mistakes, or inaccuracies of content and/or Assets or for any loss or damage incurred as a result of the use of any content published, emailed, transmitted, or otherwise made available through the Mobile App; -personal injury or property damage, of any nature whatsoever, resulting from user access to or use of the Mobile App; -any unauthorized access to or use of Remuse’s secure servers and/or any and all personal information stored therein; -any interruption or cessation of transmission to or from the Mobile App; and/orany bugs, viruses, trojan horses, or the like that may be transmitted to or through the Mobile App; This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage. Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, users shall have no right to claim damages against Remuse (or any natural or legal person acting on its behalf). If you have a dispute with one or more users in connection to the usage of the Mobile App, you hereby agree that you release Remuse from all claims and damages of any kind arising out or connected in any way with such disputes. 13. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Remuse, its affiliates, licensors and service providers, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of: -your use of and access to the Mobile App, including your misuse of the Assets or the use any data or content transmitted or received by you; -your violation of these terms, including, but not limited to, your breach of any of the representations and warranties set forth in these Terms and Conditions; -your violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights; -your violation of any statutory law, rule, or regulation; -any content that is submitted from your user account, including third party access with user’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information; -user’s willful misconduct; or -statutory provision by user or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law. 14. APPLICABLE LAW AND DISPUTE RESOLUTION These Terms and Conditions will be governed by and construed in accordance with the laws of Romania, and the courts of Romania, Bucharest, District 1 will have exclusive jurisdiction over any claim or dispute arising under or in connection with the usage of the Mobile App or these Terms and Conditions. Although the Mobile App and its services may be available and accessible in other jurisdictions, each user hereby acknowledges and agrees that such availability shall not be deemed to give rise to general or specific personal jurisdiction over the jurisdiction mentioned above. However, Remuse retains the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. By accessing the Mobile App you waive any and all objections regarding the applicable law and jurisdiction. 15. FORCE MAJEURE
Remuse is not obliged to comply with the obligations set out in the present Terms and Conditions, as a result of a cause beyond its control, including but not limited to fortuitous events (e.g., legal measures in war or strike situations, also then when they occur in third party companies, official measures taken by the authorities, failure of communication networks and portals of other providers, disruptions regarding network operators and other failures), other actions / inactions for which the administrators of the Mobile App are not responsible. Neither Remuse nor you shall be liable for failure to perform on time and / or for improper performance - in whole or in part - of any obligation incumbent on it under the present Terms and Conditions if the non-performance or improper performance of that obligation has been caused by force majeure / fortuitous event, as defined by the laws of Romania. 16. NO WAIVER Our failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term. 17. SEVERABILITY Should any provision of these Terms and Conditions be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms and Conditions shall not nullify the remaining provisions, unless the severed provisions are essential or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
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