Terms and Conditions
Last updated: (14/12/2023)
Welcome to Enhance AI, the ultimate platform for creating and interacting with digital images using AI. By accessing or using our website or services, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use our website or services.
Please read these terms and conditions carefully before using our website or services. We may update these terms and conditions from time to time to reflect changes in our website, services, or practices. We will notify you of any material changes by posting the updated terms and conditions on our website and indicating the date of the last revision. Your continued use of our website or services after the updated terms and conditions become effective constitutes your acceptance of the changes.
License and Restrictions
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our website and services for your personal and non-commercial purposes, subject to these terms and conditions and our policies.
You agree not to:
- Use our website or services for any illegal, unlawful, or unauthorized purposes
- Use our website or services for any commercial purposes without our prior written consent
- Copy, modify, distribute, sell, or lease any part of our website or services or any content or data obtained from them
- Reverse engineer, decompile, or disassemble any part of our website or services or any content or data obtained from them
- Interfere with or disrupt the operation or security of our website or services or any content or data obtained from them
- Access or use our website or services or any content or data obtained from them by any means other than those provided by us
- Violate or infringe the rights of any third party, including intellectual property, privacy, or contractual rights
Intellectual Property Rights
We own and retain all rights, title, and interest in and to our website, services, and any content or data we provide or generate through them, including all trademarks, logos, trade names, designs, software, algorithms, models, and other intellectual property rights. Nothing in these terms and conditions grants you any right, title, or interest in or to our website, services, or any content or data we provide or generate through them, except for the limited license granted above.
You own and retain all rights, title, and interest in and to any content or data you upload, submit, or provide to our website or services, including any images, prompts, or inputs. You grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sub-licensable license to access, use, store, reproduce, modify, distribute, display, and create derivative works from such content or data for the purposes of providing and improving our website and services, conducting research and analysis, and marketing and promoting our website and services.
You represent and warrant that you have all the rights, permissions, and consents necessary to upload, submit, or provide any content or data to our website or services, and that such content or data does not violate or infringe the rights of any third party, including intellectual property, privacy, or contractual rights.
Payment Terms
Some features or services on our website may require payment. You agree to pay all fees and charges associated with such features or services, as well as any applicable taxes, in accordance with the payment terms displayed on our website or provided to you at the time of purchase. You authorize us or our payment processors to charge your chosen payment method for the amount due. You are responsible for keeping your payment information accurate and up to date. We reserve the right to change our fees and charges at any time, with or without notice.
Refund Policy
We offer a 30-day money-back guarantee for our premium membership. If you are not satisfied with our premium membership, you can request a full refund within 30 days of your purchase. To request a refund, please contact us at (info@enhanceai.art). We do not offer refunds for any other features or services on our website, unless required by law.
Disclaimer of Warranties
Our website and services are provided "as is" and "as available", without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, reliability, security, or non-infringement. We do not warrant that our website or services will meet your requirements, expectations, or needs, or that they will be uninterrupted, error-free, timely, or secure. We do not warrant that any content or data obtained from our website or services will be accurate, complete, reliable, or error-free. We do not warrant that any defects or errors in our website or services will be corrected. We do not warrant that our website or services will be compatible with any devices, software, or systems. You use our website and services at your own risk and discretion.
Limitation of Liability
To the fullest extent permitted by law, we and our affiliates, partners, and service providers will not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, losses, costs, or expenses arising out of or in connection with your use of or inability to use our website or services, or any content or data obtained from them, including but not limited to damages for loss of profits, revenue, data, goodwill, or other intangible losses, whether based on contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages. In no event will our total liability to you for all damages, losses, costs, or expenses exceed the amount paid by you for our website or services in the 12 months preceding the event giving rise to the liability, or $100, whichever is greater.
Indemnification
You agree to indemnify, defend, and hold harmless us and our affiliates, partners, and service providers from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of or inability to use our website or services, or any content or data obtained from them, your violation of these terms and conditions or any applicable laws or regulations, or your infringement or violation of the rights of any third party, including intellectual property, privacy, or contractual rights.
Dispute Resolution
Any dispute, controversy, or claim arising out of or in relation to these terms and conditions, or the breach, termination, or invalidity thereof, shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted by a single arbitrator, and the place of arbitration shall be (india). The language of the arbitration shall be English. The arbitration award shall be final and binding, and may be entered and enforced in any court of competent jurisdiction. You agree to waive any right to a jury trial or to participate in a class action, representative action, or consolidated action regarding any dispute, controversy, or claim arising out of or in relation to these terms and conditions. You agree that any claim or cause of action you may have arising out of or in relation to these terms and conditions must be commenced within one year after the claim or cause of action accrues, otherwise such claim or cause of action shall be permanently barred.
Governing Law
These terms and conditions and any dispute, controversy, or claim arising out of or in relation to them shall be governed by and construed in accordance with the laws of (india), without regard to its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in (india) for any legal action or proceeding arising out of or in relation to these terms and conditions.
Severability
If any provision of these terms and conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make it enforceable, or shall be severed from these terms and conditions, and the remaining provisions shall remain in full force and effect.
Waiver
No waiver of any provision of these terms and conditions shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.
Entire Agreement
These terms and conditions, together with our privacy policy and any other policies or agreements referenced herein, constitute the entire agreement between you and us regarding your use of our website and services, and supersede and replace any prior agreements, understandings, or representations, whether written or oral, regarding your use of our website and services.
Contact Us
If you have any questions, comments, or concerns about these terms and conditions, please contact us at:
(info@enhanceai.art)