Terms and Conditions

Last updated and Effective Date: 28 November 2023

Introduction

Welcome to Styley, a collection of web-enabled applications that provide cutting edge AI, applications and services. Before getting into all the legal terms and conditions set forth below, we want to introduce a few key points that you must agree to:

  • Age: You must be at least 13 years old or have legal consent from a parent or guardian to use our website and services.
  • No Nudity: You must not upload any nude or indecent photos of yourself or anyone else.
  • Be Kind and Respectful: In uploading content and using our services to create, edit, manipulate, or personalize images of yourself and others, and commenting or communicating with others, please be kind, mindful and respectful. Styley strives to be a positive online community for creativity and for everyone to explore comfortably and will not tolerate bullying (harassment, etc.) that makes it uncomfortable for others to explore their imagination.
  • Have Fun: Enjoy the magic of AI and go where your creativity takes you!

Terms of Use

BEFORE USING THE SERVICES OFFERED BY STYLEY, PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT OUTLINES THE LEGALLY BINDING TERMS AND CONDITIONS FOR USING THE STYLEY WEBSITE AND ALL RELATED SERVICES, SUCH AS FEATURES, CONTENT, WEBSITES (INCLUDING WWW.STYLEY.AI) OR APPLICATIONS OFFERED FROM TIME TO TIME BY STYLEY, OR ITS AFFILIATES ("STYLEY") IN CONNECTION WITH THE SERVICES (COLLECTIVELY, THE "SERVICES"). BY USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

Acceptance of Terms of Use

By accessing or using our Services, you confirm that you can form a binding contract with Styley, that you accept these Terms of Use, and that you agree to comply with them. The Services are offered subject to acceptance of all of these Terms of Use, as well as any other operating rules, policies and procedures that Styley may publish from time to time in connection with the Services.

Additionally, some services offered through the Services may be subject to additional terms and conditions set by Styley; if you use such services, you must comply with those additional terms and conditions which are incorporated into these Terms of Use. Styley reserves the right, in its sole discretion, to refuse offering the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and access to the Services is revoked in such jurisdictions.

By using the Services you also consent to our Privacy Policy, which describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy Page here.

Styley, at its sole discretion, reserves the right to modify, replace, or change any of the Terms of Use at any time. This includes changing, suspending, or discontinuing any features, databases, or content available on the Services. Styley may also impose limits on certain features and services or restrict your access to parts or all of the Services without prior notice.

It is your responsibility to check the Terms of Use periodically for changes and your continued use of the Services after such changes have been posted constitutes acceptance of those changes.

Fees, Payments and Creating Your Account

STYLEY provides both free and paid services

Styley offers free services and paid subscription services, which provide premium features and functionality. Paid services require you to sign up for a monthly subscription plan that will automatically renew each month, with payment in U.S. dollars. Features and Pricing are subject to change at Styley's sole discretion, but up to date offerings can be found on https://styley.ai/pricing.

To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information including ways to communicate with you about your account. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.

You agree that Styley provides you immediate access to a digital content and processing as soon as you complete your order or purchase, without waiting the 14-day withdrawal period. Therefore, you expressly waive your right to withdraw from this purchase.

All sales are final and nonrefundable. Styley may issue credits at its sole discretion in the event there are issues with your experience that cannot be easily rectified.

Unless otherwise stated, your subscription fees ("Fees") do not include federal, state, local, and foreign taxes, duties, and other similar assessments ("Taxes"). You are responsible for all Taxes associated with your purchase and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment or additional evidence that we may reasonably require.

If any amount of your Fees is past due, we may suspend your access to the Services after we provide you written notice of late payment. You may not create more than one account to benefit from the free tier of our Services. If we believe you are not using the free tier in good faith, we may charge you standard fees or stop providing access to the Services.

Styley reserves the right to change its prices at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal.

It is important that you keep your account password confidential and that you do not disclose it to any third party. You must immediately notify us at help@styley.ai if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. You agree not to create any Account if we have previously removed your, or we previously banned you from any of our Services, unless we provide written consent otherwise.

You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.

We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms of Use, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third-party rights, or violate any applicable laws or regulations.

You can stop using the Services and cancel your subscription at any time through the website or by emailing us at help@styley.ai. If you cancel your subscription, you will not receive a refund or credit for any amounts that have already been billed or paid (including losing any or all accumulated credits). Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.

Intellectual Property

Notice of Infringement – DMCA (Copyright) Policy

Because the inherent nature of artificial intelligence has elements outside of our control (Styley is not privy to the entire corpus of what both open source and closed source models were trained on that may be used), the creation of generations, avatars, models and assets may resemble or be similar to copyrighted materials and trademarks owned by others. We respect the rights of all copyright and trademark holders and we ask our users to do the same.

If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement and is outside the scope of parody (fun or jest), satire and or fair use, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the "DMCA"), by providing the following information in writing:

Identification of the copyrighted work that is claimed to be infringed; identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service; information for our copyright agent to contact you, such as an address, telephone number and e-mail address; a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law and is outside the scope of parody (fun or jest), satire and or fair use; a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed;

Notices of copyright infringement claims should be sent by e-mail to legal@styley.ai. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.

A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content, or an activity is not infringing the copyrights of others.

Trademarks and Patents

Styley's name, trademarks, logo and all related names, logos, product and service names, designs and slogans are trademarks of Styley or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. All other trademarks mentioned on this website belong to their respective owners cannot be used without the prior written permission of Styley or their respective owners. Certain features and/or functionality of Styley's products may be protected by Styley patent applications or patents.

Styley Content

As between you and Styley, all content (including training data and files), software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and "look and feel" of the Services, and all intellectual property rights related thereto (the "Styley Content"), are either owned or licensed by Styley, it being understood that you or your licensors will own any User Original Content (as defined below) you upload or transmit through the Services. Use of the Styley Content or materials on the Services for any purpose not expressly permitted by these Terms of Use is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors' prior written consent. We and our licensors reserve all rights not expressly granted in and to their content. For clarity, AI trainings, generations made from such trainings, and edits, additions, and manipulations to User Original Content (defined below) by Styley or other users of the Services and all derivatives shall be considered Styley Content.

You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of subscriptions, advertising, sponsorships, promotions, and usage data, and except as specifically permitted by us in these Terms of Use or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms of Use or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any Styley Content or User Original Content (defined below) or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Original Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any Styley Content or User Original Content within the Services or on any third party service (e.g., you cannot claim Styley Content or User Original Content that has been uploaded to a social media platform such as YouTube for monetization).

Subject to the terms and conditions of the Terms of Use, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, and to access the Styley Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms of Use. Styley reserves all rights not expressly granted herein in the Services and the Styley Content. You acknowledge and agree that Styley may terminate this license at any time for any reason or no reason. Commercial use or rights are subject to Styley's discretion and Styley may offer options for a variety of commercial rights.

NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.

Rules and Conduct

By using the Styley app, you agree that the Services are intended solely for the purpose of generating results and training AI models of yourself or other individuals for whom you have obtained explicit consent. You acknowledge and agree that when training AI models of other individuals, you must have their express permission to use their photos and to create, train, and generate AI-generated images of them.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action that: would constitute a violation of any applicable law, rule or regulation; infringes upon any intellectual property or other right of any other person or entity; is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, furthering of self-harm or profane; creates Assets that exploits or abuses children; generates or disseminates verifiably false information with the purpose of harming others; impersonates or attempts to impersonate others; generates or disseminates personally identifying or identifiable information; creates Assets that implies or promotes support of a terrorist organization; creates Assets that condone or promote violence against people based on any protected legal category.

When training any people or using other people's media on Styley, you agree to have permission from those third parties.

Your access to and use of the Services is subject to these Terms of Use and all applicable laws and regulations. You may not: access or use the Services if you are not fully able and legally competent to agree to these Terms of Use or are authorized to use the Services by your parent or legal guardian; make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof; distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof; market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation; use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services; incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion; use automated scripts to collect information from or otherwise interact with the Services; impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services; intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; use or attempt to use another's account, service or system without authorization from Styley, or create a false identity on the Services; use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews; use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorised advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in a personal identity document or credit card numbers; any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material which reveals nudity; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone's race, religion, age, gender, disability or sexuality; any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or material that, in the sole judgment of Styley, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose Styley, the Services or its users to any harm or liability of any type.

We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms of Use, or otherwise harmful to the Services or our users. Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.

Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service or other actions that Company, in its sole discretion, may elect to take.

Disclaimers, Limitations of Liability and Indemnification

Disclaimers

Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" with all faults basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Styley, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, suppliers, licensors or content providers (the "the Company Entities") DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other Application or any particular system or device; and (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, your content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein.

THE COMPANY ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE PERCEIVED AS OR BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH THE COMPANY ENTITIES WILL BE RESPONSIBLE FOR.

By using the Services, you acknowledge and agree that Styley is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of third-party materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, materials, or websites.

Limitations of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL STYLEY OR ITS PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS, LICENSORS OR CONTENT PROVIDERS (THE "COMPANY ENTITIES") BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OF USE OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS OF USE AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. THE COMPANY ENTITIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE LESSER OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US,THE COMPANY ENTITIES AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU'RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.

Indemnification

By entering into these Terms of Use and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms of Use or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) your content, or (e) your negligence or willful misconduct. If you are obligated to indemnify any Company Entity hereunder, then you agree that Company (or, at its discretion, the applicable Company Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Company wishes to settle, and if so, on what terms, and you agree to fully cooperate with Company in the defense or settlement of such claim.

Dispute Resolution, Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Informal Process First. You and Styley agree that in the event of any dispute, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 60 days in which to respond. Both you and Styley agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

If the parties fail to resolve the dispute amicably, under this clause, both parties agree to then attempt to resolve the dispute by mediation following the Dispute Meeting. Both parties understand that dispute can be of any nature and the choice of mediation would differ in cases. The mediation is to be conducted by and in accordance with the laws of the State of Maryland, County of Montgomery, to resolve the dispute(s). The parties will select a mutually acceptable experienced and qualified complex business litigation mediator. The mediation is not to last more than two days, unless both parties agree that it is in their collective best interests to continue the mediation beyond those two days. Each party shall be responsible for their own costs and expenses for the mediation and agree.

After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, "Claim") relating in any way to Styley's services and/or products, including the Services, and any use or access or lack of access thereto, will be resolved first by mediation and then by binding arbitration held in the State of Maryland in Montgomery County, including threshold questions of arbitrability of the Claim. You and Styley agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the "JAMS Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms of Use). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. The Parties agree that the arbitrator shall administer and conduct any arbitration in accordance with Maryland Law, including the Maryland Rules of Civil Procedure the Maryland Rules of Evidence, and that the arbitrator shall apply substantive and procedural Maryland Law to any dispute or claim, without reference to rules of conflict of law. To the extent that the JAMS Rules conflict with Maryland Law, Maryland Law shall take precedence. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms of Use will take place on an individual basis – class arbitrations and class actions are not permitted.

YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS OF USE YOU AND STYLEY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

App Stores

To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform through specific devices:

Notice regarding Apple: By downloading the Platform from a device made by Apple, Inc. ("Apple") or from Apple's App Store, you specifically acknowledge and agree that: These Terms of Use are between Styley and you; Apple is not a party to these Terms of Use. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple's App Store Terms of Services. Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform. In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform. Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Platform or your possession and use of the Platform infringes such third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third party beneficiaries of these Terms of Use and upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary hereof. Styley expressly authorizes use of the Platform by multiple users through the Family Sharing or any similar functionality provided by Apple.

Windows Phone Store: By downloading the Platform from the Windows Phone Store (or its successors) operated by Microsoft, Inc. or its affiliates, you specifically acknowledge and agree that: You may install and use one copy of the Platform on up to five (5) Windows Phone enabled devices that are affiliated with the Microsoft account you use to access the Windows Phone Store. Beyond that, we reserve the right to apply additional conditions or charge additional fees. You acknowledge that Microsoft Corporation, your phone manufacturer and network operator have no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.

Amazon Appstore: By downloading the Platform from the Amazon Appstore (or its successors) operated by Amazon Digital Services, Inc. or affiliates ("Amazon"), you specifically acknowledge and agree that: to the extent of any conflict between (a) the Amazon Appstore Terms of Use or such other terms which Amazon designates as default end user license terms for the Amazon Appstore ("Amazon Appstore EULA Terms"), and (b) the other terms and conditions in these Terms of Use, the Amazon Appstore EULA Terms shall apply with respect to your use of the Platform that you download from the Amazon Appstore, and Amazon does not have any responsibility or liability related to compliance or non-compliance by Styley or you (or any other user) under these Terms of Use or the Amazon Appstore EULA Terms.

Google Play: By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates ("Google"), you specifically acknowledge and agree that: to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the "Google Play Terms"), and (b) the other terms and conditions in these Terms of Use, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Styley or you (or any other user) under these Terms of Use or the Google Play Terms.

Additional Terms

Entire Agreement, Waiver and Severability, Notice

The Terms of Use are the entire agreement between you and Styley with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Styley with respect to the Services. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Styley shall not be liable for any failure to perform its obligations hereunder due to any cause beyond Styley's reasonable control.

Except as otherwise provided herein, all notices under the Terms of Use will be in writing and will be deemed to have been duly given when emailed to you or posted by us, or when received by legal@styley.ai. Service of any notice will be deemed given on the date of confirmed receipt delivered by email.

Links To and From Other Websites

You may gain access to other websites via links on the Styley.AI site (the "Site". These Terms of Use apply to the Site only and do not apply to other parties' websites. Similarly, you may have come to the Site via a link from another website. The terms of use of other websites do not apply to the Site. Styley assumes no responsibility for any terms of use or material outside of the Site accessed via any link. You are free to establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your website or service by Styley or the Site. Unless expressly agreed to by us in writing, reference to any of our products, services, processes or other information by trade name, trademark, logo, or otherwise by you or any third party does not constitute or imply endorsement, sponsorship or recommendation thereof by us. You may not, without our prior written permission, frame or inline link any of the content of the Site, scrape the Site or incorporate into another website or other service any of our material, content or intellectual property unless you are otherwise permitted by us to do so in accordance with a license or subject to separate terms. We reserve the right to withdraw linking permission without notice.

Assignment and Delegation

You may not assign or delegate these Terms of Use or any rights or obligations under these Terms of Use. Any attempted or purported attempted assignment or delegation shall be null and void and will automatically terminate your right to use the Site. We may freely assign or delegate these Terms of Use or any rights or obligations under these Terms of Use, including without limitation in connection with a merger, acquisition or sale of all or substantially all of our assets or to any affiliate or as part of a corporate reorganization.

Open Source

The Platform contains certain open-source software. Each item of open-source software is subject to its own applicable license terms.

Security

We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Services. You should use your own virus protection software.

U.S. Government Restricted Rights

The Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaints Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

SMS Messaging and Phone Calls

Certain portions of the Services may allow us to contact you via telephone or text messages. You agree that Styley may contact you via telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your use of the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any Offerings. You also understand that you may opt out of receiving text messages from us at any time, either by texting the word "STOP" using the mobile device that is receiving the messages, or by contacting legal@styley.ai. If you do not choose to opt out, we may contact you as outlined in our Privacy Policy.

How to Contact Us

You may contact us regarding the Services or these Terms of Use by e-mail at help@styley.ai.