This Terms of Use Agreement ("Agreement") applies to your access to and use of the websites, applications, and other online products and services provided by Ocean AI ("AI Restyle" or "we") (collectively "our services").
Please note that Article 14 of the following agreement contains provisions on how to resolve disputes between you and us, including but not limited to any disputes arising or claimed prior to the effective date of this agreement. Especially it includes an arbitration agreement that, with limited exceptions, will require our disputes to be submitted to binding final arbitration. Unless you choose to withdraw from the arbitration agreement: (1) You can only file disputes or claims against us in your personal capacity and seek relief and cannot be a plaintiff or class member in any class or representative litigation or proceedings; (2) You waive the right to pursue disputes or claims, seek relief from the court, and have a jury trial.
Any disputes, claims, or requests for relief related to your use of this website shall be governed by and construed in accordance with the laws of the State of California and the Federal Arbitration Act and shall not be subject to any applicable principles of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods explicitly excludes this agreement. If you do not agree to this agreement, including the mandatory arbitration clause and class action exemption in Article 14, please do not access or use our services.
Please note that AI Restyle has the right to change this agreement at any time at its own discretion. When making changes, we will provide a new copy of the agreement on our website and mobile application. We will also update the "Last Updated" date at the top of the agreement. If we make any significant changes, we will also send you push notifications or display pop-ups through the application. Any changes to this agreement shall take effect immediately for new users of the website, mobile applications, and/or services, and shall take effect thirty (30) days after notice of such changes is posted to existing users on our website, provided that any significant changes shall be made thirty (30) days after notice of such changes is posted to the website or notification of such changes is sent. Before allowing further use of the website, mobile applications, and/or services, we may require you to agree to the updated agreement in a specific manner. If you do not agree to any changes after receiving the change notification, you should stop using the service, including the website and mobile applications. Otherwise, if you continue to use the service, including the website and mobile applications, it means that you accept such changes. Please regularly check the website to view the current agreement.
If you have any questions about this agreement or our services, please contact us at [email protected].
You must be at least 13 years old to access or use our services. If you are under the age of 18 (or the legal age of majority where you reside), you can only access or use our services under the supervision of your parents or legal guardians who have agreed to be bound by this agreement. If you are the parent or legal guardian of a user under the age of 18 (or legal majority), you agree to take full responsibility for the user's actions or omissions related to our services. If you access or use our services on behalf of another person or entity, you represent that you have the right to accept this agreement on behalf of that person or entity and that person or entity agrees to be responsible to us in the event that you or any other person or entity violates this agreement.
If you choose to log in to the service through a third-party platform or social media network, you will need to use credentials from the third-party online platform (such as username and password). You must maintain the security of your third-party account. If you discover or suspect that someone has accessed your account without your permission, please notify us promptly. If you allow others to use your account credentials, you are responsible for the activities of such users related to your account.
Please refer to our website for information on how we collect, use, and disclose your information.
Our services may allow you and other users to create, publish, store, and share content, including photos, videos, messages, text, software, and other materials (collectively referred to as "User Content"). According to this agreement and the Privacy Policy, you reserve all rights to your user content with AI Restyle. In addition, AI Restyle does not claim ownership of any user content you publish on or through the service. You grant AI Restyle a non-exclusive, royalty-free, fully paid license worldwide to use, copy, modify, adapt, create derivative works, distribute, execute, and display your user content solely for the purpose of providing services to you during the term of this agreement.
You acknowledge that certain services are supported by advertising revenue and may display advertisements and promotional activities. You hereby agree that AI Restyle may place such advertisements and promotions on the services, on your user content, or in association with your user attributes. The methods, modes, and scope of such advertising and promotions may change without prior notice. You acknowledge that we may not always recognize paid services, sponsored content, or commercial communications.
You declare and warrant that: (i) you own or have the right to use the user content you modify on or through the service in accordance with the rights and licenses set forth in this agreement; (ii) You agree to pay all royalties, fees, and any other amounts owed by you due to your use of the service or customization of user content through the service; And (iii) you have the legal right and ability to sign this agreement within your jurisdiction.
You are not allowed to create, publish, store, or share any user content that violates this agreement or that you have not granted us all the necessary rights for the aforementioned license. Although we are not obligated to filter, edit, or monitor user content, we may delete or remove user content at any time for any reason.
AI Restyle does not provide backup services and you agree not to rely on these services for user content backup or storage. AI Restyle shall not be responsible for any modification, suspension, or termination of the service or any loss of user content.
You will not violate any applicable laws, contracts, intellectual property rights, or other third-party rights, nor engage in any infringement behavior. You are fully responsible for your actions when accessing or using our services. You won't:
You can only publish or share non-confidential user content in other ways and you have all necessary disclosure rights. You are not allowed to create, publish, store, or share any of the following user content:
In addition, although we are not obligated to filter, edit, or monitor user content, we may delete or remove user content at any time for any reason.
Our services and the text, graphics, images, photos, videos, illustrations, trademarks, trade names, headers, button icons, scripts, service marks, logos, slogans, filters, user-generated filters, and other content contained therein (collectively referred to as "AI Restyle Content") are owned by or licensed to AI Restyle and are protected by US and foreign laws. Unless otherwise specified in this agreement, AI Restyle and our licensors reserve all rights to our services and AI Restyle content. We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our services and AI Restyle content for your personal use; However, such license is subject to this agreement and does not include any rights to (a) sell, resell, or commercially use our services or AI Restyle content; (b) Copy, repost, distribute, publicly perform, or display AI Restyle content unless expressly permitted by us or our licensors; (c) Modify the content of AI Restyle, remove any proprietary rights statements or markings, or otherwise make any derivative use of our services or AI Restyle content except as expressly provided in this Agreement; (d) Use any data mining, robotics, or similar data collection or extraction methods; Or (e) use our services or AI Restyle content except as expressly provided in this agreement. Without our prior written permission, the use of our services or AI Restyle content is strictly prohibited. Unless expressly authorized by this agreement, the license granted under this agreement will be terminated. You are not allowed to delete, modify, or hide any copyright, trademark, service mark, or other proprietary rights statement contained or attached to the content of AI Restyle.
Any questions, comments, suggestions, ideas, original or creative materials, or other information you submit regarding AI Restyle or our products or services (collectively referred to as "feedback") are non-confidential and we have no obligation (including but not limited to confidentiality obligations) regarding such feedback. You hereby grant AI Restyle a fully paid, royalty-free, perpetual, irrevocable, global, non-exclusive, and fully sublicensable right and license to use, copy, execute, display, distribute, adapt, modify, reformat, create derivative works, and in any way commercially or non-commercial use any and all feedback and sublicense the aforementioned rights in connection with the operation and maintenance of the services and/or AI Restyle business.
We have a policy of restricting access to our services and terminating accounts of users who repeatedly infringe on the intellectual property rights of others upon timely notification from the copyright owner or their legal representative. Without limiting the above provisions, if you believe that your work has been copied and published on or through the service constituting copyright infringement, please provide our copyright agent with the following information: (a) an electronic or physical signature of a person authorized to act on behalf of the copyright owner; (b) A description of the copyrighted work you claim to have been infringed upon; (c) Describe the location of the materials you claim to have infringed on the service; (d) Your address, phone number, and email address; Your written statement expressing your sincere belief that the disputed use is not authorized by the copyright owner, their agent, or the law; And (f) your statement that the above information in your notification is accurate and that you are the copyright owner or have the authority to act on behalf of the copyright owner, otherwise you will be subject to perjury penalties.
To the maximum extent permitted by applicable law, you will indemnify, protect, and hold AI Restyle and our respective officers, directors, agents, partners, and employees (individually and collectively the "AI Restyle Parties") harmless from any loss, liability, claim, demand, damages, expenses, or costs ("Claims") arising from or related to: (a) your access to or use of our services; (b) Your user content or feedback; (c) You have violated this agreement; (d) You infringe, misappropriate, or violate any rights of others (including intellectual property or privacy rights); Or (e) your behavior related to our services. You agree to promptly notify all parties of AI Restyle of any third-party claims, cooperate with all parties of AI Restyle to defend such claims, and pay all fees, costs, and expenses (including but not limited to attorney fees) related to defending such claims. You also agree that AI Restyle parties will control the defense or resolution of any third-party claims. This compensation is in addition to and not in substitution for any other compensation specified in a written agreement between you and AI Restyle or other AI Restyle parties.
We do not control, endorse, or assume responsibility for any user content or third-party content provided or linked to our services.
You bear the risk of using our services on your own. Our services are provided "as is" and "as available" without any express or implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, ownership, and non-infringement. Furthermore, AI Restyle does not represent or warrant that our services are accurate, complete, reliable, up-to-date, or error-free. Although AI Restyle attempts to ensure your secure access and use of our services, we cannot and do not guarantee that our services or servers are free from viruses or other harmful components. You bear all risks of service quality and performance.
According to any liability theory, whether based on contract, tort, negligence, strict liability, warranty, or other reasons, AI Restyle and other AI Restyle parties shall not be liable to you for any indirect, consequential, punitive, incidental, punitive, or special damages or loss of profits, even if AI Restyle or other AI Restyle parties have been informed of the possibility of such damages.
The full liability of AI Restyle and other AI Restyle parties for any claims arising from or related to this Agreement or our services, regardless of the form of litigation, shall be limited to the amount (if any) paid by you for accessing or using our services.
The limitations set forth in this section shall not limit or exclude the liability for gross negligence, fraud, or intentional misconduct of AI Restyle or any other AI Restyle party, nor shall they limit or exempt the liability for any other matter that cannot be excluded or limited by applicable law. In addition, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the maximum extent permitted by applicable law, you release AI Restyle and other AI Restyle parties from all known and unknown liabilities, obligations, claims, demands, and/or damages (actual and indirect) (including but not limited to negligence claims) arising from or related to disputes between users and the actions or omissions of third parties. You expressly waive any rights that you may have under Section 1542 of the California Civil Code and any other regulations or common law principles that would otherwise limit the coverage of this disclaimer to only claims that you may know or suspect to be beneficial to you at the time of agreeing to this disclaimer.
By accessing or using our services, you acknowledge and agree (if applicable) to the processing, transmission, and storage of information about you in the United States and other countries.
Please read the following section carefully as it requires US resident users to arbitrate certain disputes and claims with AI Restyle and limits the ways you can seek relief from us.
Except for small claims disputes where you or AI Restyle seek personal litigation in the small claims court of the county where your billing address is located or where you or AI Restyle seek injunctions or other equitable relief for suspected illegal use of intellectual property, you and AI Restyle waive the right to a jury trial and the right to resolve any disputes arising from or related to this Agreement or our services in court. This arbitration agreement shall apply to, but not be limited to, all disputes or claims and requests for relief arising or asserted prior to the effective date of this agreement or any prior version of this agreement.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. To initiate arbitration proceedings, you must send a letter requesting arbitration to our registered agent stating your dispute, claim, or relief request [including the name and address of the registered agent]. Arbitration will be resolved through confidential, binding arbitration through Judicial Arbitration and Mediation Services ("JAMS"), a mature alternative dispute resolution provider. Disputes involving claims, counterclaims, or relief requests below $250,000 excluding attorney fees and interest shall comply with the latest version of JAMS's simplified arbitration rules and procedures; All other disputes shall comply with the latest version of JAMS' comprehensive arbitration rules and procedures, which can be found at http://www.jamsadr.com/rules-comprehensive-arbitration/. The rules of JAMS can also be obtained at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is unable to conduct arbitration, both parties will choose another arbitration tribunal. If the arbitrator finds that you are unable to pay for JAMS' application, administrative, hearing, and/or other fees and cannot obtain exemption from JAMS, AI Restyle will pay these fees for you. In addition, we will reimburse JAMS for all application, administrative, hearing, and/or other expenses incurred due to disputes, claims, or relief requests with a total amount less than $10,000 unless the arbitrator determines that the claim is frivolous. You can choose to arbitrate by phone, based on written opinions, or in person in your country of residence or at another location agreed upon by both parties. Any judgment on the award made by the arbitrator may be made in any court with jurisdiction.
You can choose to arbitrate by phone, based on written opinions, or at another location agreed upon by both parties. Any judgment on the award made by the arbitrator may be made in any court with jurisdiction.
The arbitrator shall have the following exclusive powers: (a) to determine the scope and enforceability of this arbitration agreement and (b) to resolve any disputes relating to the interpretation, application, enforceability, or formation of this arbitration agreement, including but not limited to any claims that this arbitration agreement is invalid or revocable in whole or in part. Arbitration will determine the rights and responsibilities (if any) of you and AI Restyle. The arbitration proceedings will not be merged with any other matter or with any other case or party. The arbitrator has the authority to approve a motion that is decisive for all or part of the claim. The arbitrator has the right to award monetary compensation and provide any non-monetary remedies or relief to individuals in accordance with applicable laws, arbitration tribunal rules, and this agreement (including the arbitration agreement). The arbitrator shall issue a written award and award statement stating the basic findings and conclusions on which the award is based, including the calculation of damages awarded. Arbitrators have the same personal remedies as court judges. The arbitrator's decision is final and binding on both you and us.
You and AI Restyle hereby waive any constitutional and statutory rights to sue in court and to be tried before a judge or jury. In addition to the above provisions, you and AI Restyle choose to resolve all disputes, claims, or relief requests through arbitration in accordance with this arbitration agreement. The arbitrator may award the same damages and remedies as the court based on personal circumstances and must comply with this agreement as the court does. However, there are no judges or juries in arbitration, and the court's review of the arbitration award is very limited.
All disputes, claims, and relief requests within the scope of this arbitration agreement must be arbitrated separately, not collectively. Only individual remedies are available, and claims from multiple users cannot be arbitrated or merged with claims from any other user. If a decision is issued stating that the applicable law excludes the enforcement of any restrictions on a specific dispute, claim, or relief request under this provision, that aspect must be separated from arbitration and submitted to a state or federal court located in California. All other disputes, claims, or requests for relief shall be arbitrated.
You have the right to choose to withdraw from the terms of this arbitration agreement by sending a written notice of withdrawal to the following individuals at [email protected] within 30 days after being first bound by this arbitration agreement:. Your notification must include your name and address, your username (if any), the email address you used to set up your account (if any), and a clear statement that you wish to withdraw from this arbitration agreement. If you choose to withdraw from this arbitration agreement, all other parts of this agreement will continue to apply to you. Choosing to withdraw from this arbitration agreement shall not affect any other arbitration agreements that you may currently or in the future enter into with us.
You and AI Restyle agree that the California and U.S. state or federal courts located in Santa Clara County, California have exclusive jurisdiction over the enforcement of any appeal and arbitration award.
Except as provided in Article 14 above, if any part of this arbitration agreement is found to be invalid or unenforceable by law, that particular part shall be deemed invalid and shall be severed and the remaining parts of the arbitration agreement shall remain in full force and effect.
This arbitration agreement shall remain valid after the termination of your relationship with AI Restyle.
Despite any contrary provisions in this Agreement, we agree that if AI Restyle makes any significant changes to this arbitration agreement in the future, you may refuse such changes by sending a written notice to the company at the following address within thirty (30) days after such changes become effective: [email protected].
This agreement, as well as your access and use of our services, shall be governed by and construed and enforced in accordance with the laws of the State of California in compliance with the Federal Arbitration Act without regard to conflicts of law rules or principles that may result in the application of the laws of any other jurisdiction (whether in California or any other jurisdiction). The United Nations Convention on the International Sale of Goods does not apply to this agreement. Any disputes between the parties that have not been arbitrated or cannot be heard in a small claims court shall be resolved in either the California State Court in Santa Clara County, California, or the United States Federal Court.
By accessing or using the service, you also agree to receive electronic communications from AI Restyle (such as responding to your requests, questions, and feedback, announcements, updates, and security alerts through push notifications or posting notifications on our service). You agree that any notices, agreements, disclosures, or other communications we send to you electronically will meet any legal communication requirements, including but not limited to such communications being in writing.
We reserve the right to terminate your access or use of our services at our sole discretion without prior notice. We are not responsible for any loss or injury caused by your inability to access or use our services.
If any provision or part of this Agreement is illegal, invalid, or unenforceable, such provision or part shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any other provision.
If you install, access, or use the Services on any device containing the iOS mobile operating system ("Applications") developed by Apple Inc. ("Apple"), the following terms apply.
You acknowledge that this agreement is only signed between us and not with Apple Inc. AI Restyle (not Apple Inc.) is fully responsible for the application and its content. You further acknowledge that from the date of your download of the application, the rules of use of the application are subject to any other restrictions set forth in the Apple App Store Terms of Service. In the event of any conflict, the rules of use in the App Store shall prevail if more restrictive. You acknowledge and agree that you have the opportunity to review the usage rules.
The license granted to you is limited to a non-transferable license to use the application on any iPhone, iPod touch, or iPad owned or controlled by you as permitted by the usage rules set forth in the Apple App Store Terms of Service.
You and AI Restyle acknowledge that Apple has no obligation to provide any maintenance and support services related to the application.
You acknowledge that Apple Inc. is not responsible for any product warranties of the application, whether expressed or implied by law. If the application does not comply with any applicable warranty, you can notify Apple and Apple will refund the purchase price (if any) you paid to Apple for the application; To the maximum extent permitted by applicable law, Apple Inc. assumes no other warranty obligations for this application. Both parties acknowledge that in the event of any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses resulting from failure to comply with any such applicable warranties shall be solely the responsibility of AI Restyle. However, you understand and agree that according to this agreement, AI Restyle has waived any form of warranty for the application, and therefore there are no warranties applicable to the application.
You and AI Restyle acknowledge that between Apple and AI Restyle, AI Restyle (not Apple) is responsible for resolving any claims related to the application or your ownership and/or use of the application, including but not limited to (a) product liability claims, (b) any claims that the application does not comply with any applicable laws or regulatory requirements, and (c) claims arising from consumer protection or similar legislation.
Both parties acknowledge that if any third party claims that the application or your ownership and use of the application infringes upon the intellectual property rights of such third party, AI Restyle (not Apple) will be fully responsible for investigating, defending, resolving, and releasing any such intellectual property infringement claims within the scope required by this agreement.
You declare and warrant that: (a) you are not in a country subject to US government sanctions, nor are you in a country designated by the US government as a "supporter of terrorism," and (b) you are not on any prohibited or restricted party list of the US government.
Any issues, complaints, or claims related to the application should be sent directly to: AI Restyle Technology Co. Ltd, [email protected].
Users shall not violate any applicable laws or regulations, including but not limited to US export laws, regulations, and controls, download, use, export, or re-export any materials or content (including user content and AI Restyle content) published or submitted on or through the AI Restyle service or any software related to the AI Restyle service.
AI Restyle services may include paid subscriptions that allow you to access enhanced levels of AI Restyle services and other AI Restyle content. AI Restyle paid subscription is sold to a single AI Restyle user and you are not allowed to share this subscription with anyone else. Paying the enhanced level of AI Restyle service fee to AI Restyle will not change the service license granted to you by AI Restyle according to the terms. You can access and use this enhanced AI Restyle service on up to ten devices on a single operating system.
The AI Restyle service that can be accessed after payment requires payment of certain fees that we may determine from time to time, which should be paid through credit card or other payment methods accepted or instructed by AI Restyle. Unless otherwise specified by AI Restyle, all subscription fees are quoted in US dollars. The subscription fee does not include all taxes and should be borne by you.
The paid subscriptions for these AI Restyle services are based on automatic renewal. Therefore, unless cancelled according to your subscription terms, your subscription will automatically renew at the end of the applicable subscription period (e.g. year) corresponding to the subscription period. If your subscription renewal starts on a day outside of a certain month, we will charge you on the last day of that month. You acknowledge and agree that due to free trials and other promotional offers, points applied to your account, and changes to your subscription, the time and amount of your billing may vary. You hereby authorize us to charge you the corresponding amount. You are fully responsible for ensuring that your billing and payment information is correct to prevent your subscription from being cancelled. If for any reason (such as expiration or insufficient funds) we are unable to charge you for your payment method and you have not cancelled your subscription, you will still be responsible for any outstanding amount and we will attempt to charge you for the payment method fee as you may update your payment method information. This may result in a change in the start time of your next subscription period and may alter the billing date for each subscription period. If we are unable to successfully collect the renewal fee from your payment method, we reserve the right to cancel your subscription. After the subscription ends, you will not be able to access the AI Restyle service that needs to be subscribed to.
If we offer promotions or promotional prices for your subscription, when you choose a subscription plan and agree to the additional terms provided to you, the specific terms of the promotion will be disclosed or provided to you and the specific promotions of the subscription plan you choose will be described. In the case of promotional pricing, we will charge you a subscription fee at the normal price after your promotion ends unless you cancel your subscription before the promotion ends.
We reserve the right to change, modify, or alter the prices, packages, and features of the AI Restyle subscription plan that we provide from time to time. If we change or modify the price and package of such subscription plans, we will notify you in advance of the applicable changes or modifications. You can stop using the AI Restyle services provided under the subscription plan and request to cancel your subscription to such AI Restyle services at any time. We are not responsible for reimbursing the cost of canceling your AI Restyle subscription.
You can unsubscribe by accessing your account information and following the unsubscribe instructions published. By canceling your membership, your account will be automatically closed at the end of the current billing period. After canceling the subscription, you may continue to use the applicable AI Restyle services for the remaining subscription period as well as any content you have created or copied through the use of such AI Restyle services prior to the date of cancellation provided that such use complies with these terms.
Although AI Restyle services can be accessed globally, AI Restyle does not imply that materials and/or content related to AI Restyle services are suitable or available for use outside the United States and access to them from regions where their content is illegal is prohibited. People who choose to access this AI Restyle service from other locations will bear the risks themselves and be responsible for complying with local laws. Any quotation for products, services, and/or information related to this AI Restyle service is invalid under prohibited circumstances. By accessing or using AI Restyle services, you declare and warrant that your activities are legal in every jurisdiction where you access or use AI Restyle services. Despite the above regulations, AI Restyle services may be provided to users in certain countries outside the United States on a localized basis. Please refer to the previous text for a list of countries/regions that may offer localized AI Restyle services and terms of use.
According to Section 1789.3 of the California Civil Code, you may report a complaint to the Complaint Assistance Unit of the Consumer Services Division of the California Department of Consumer Affairs by contacting 400 R Street Sacramento, California 95814 in writing or by calling (800) 952-5210. This agreement constitutes the entire agreement between you and AI Restyle regarding your access to and use of our services. AI Restyle's failure to exercise or enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision. The chapter headings in this agreement are for convenience only and do not have legal or contractual effect. Unless otherwise specified in this agreement, this agreement is only intended to serve the interests of both parties and is not intended to grant any third-party beneficial rights to any other individual or entity.