Terms & Condition

Welcome to Rizz Photos! These Terms of Service ("Terms") govern your access to and use of the Rizz Photos mobile application, website, and any related services (collectively, the "Service"), provided by Unitive LLC ("Company," "we," "us," or "our").

PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT, OR BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

1. Description of the Service

Rizz Photos is an AI-powered application that allows users to upload their photos to create personalized AI models. Users can then use these models to generate new, unique AI-driven images and videos ("Generated Content") through various features like our "Designer," "AI Assistant," and other editing tools.

2. Eligibility and User Accounts

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

To access the Service, you must create an account using an email address and password or through a third-party authentication provider (e.g., Google, Apple). You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3. User Content and Intellectual Property

Your Content:

You retain all ownership rights to the photos you upload to create AI models ("Input Content") and the Generated Content you create. We do not claim any ownership over your Input Content or Generated Content.

Your Responsibility for Your Content:

You are solely responsible for your Input Content. You represent and warrant that:

• You own the Input Content or have all necessary rights, licenses, consents, and permissions to use it and to grant us the rights to use it as described in these Terms.

• Your Input Content does not infringe upon, misappropriate, or violate any third party's rights, including but not limited to copyright, trademark, privacy, publicity, or other personal or proprietary rights.

• If you upload images of other people, you have obtained their explicit and informed consent to use their likeness to create AI models and Generated Content.

License Granted to Us:

To operate and provide the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works from (such as processing images to create your AI model), communicate, publish, publicly perform, and display your Input Content and Generated Content. This license is for the limited purpose of:

• Providing, operating, and improving the Service.

• Displaying your content back to you within your private account.

• Fulfilling your requests for generating new content.

Public Sharing Feature:

The Service may include a feature that allows you to voluntarily share your Generated Content, prompts, or other data with the public community ("Share with Community"). If you choose to use this feature, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, display, reproduce, distribute, and create derivative works from the content you have chosen to share. This content may be used by us for any purpose, including for promoting the Service. Once shared, we have no control over how other users or third parties may use your content.

4. Prohibited Conduct

You agree not to use the Service to create, upload, or share any content that:

• Is illegal, fraudulent, or for any unlawful purpose.

• Is defamatory, obscene, pornographic, vulgar, or offensive.

• Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.

• Is violent or threatening or promotes violence or actions that are threatening to any person or entity.

• Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party.

• Contains unsolicited promotions, political campaigning, advertising, or solicitations.

• Attempts to create a likeness of a person without their explicit consent.

• Contains private or personally identifiable information of a third party without their consent.

You also agree not to reverse-engineer, decompile, or otherwise attempt to discover the source code of the Service.

5. Data Usage and Tracking

We do not use your Input Content or Generated Content to train any of our general AI models or for any purpose other than providing the Service directly to you. We do, however, track user activity, feature usage, and other engagement data to analyze and improve the Service. For more details, please review our Privacy Policy.

6. Disclaimers

Service Provided "AS IS":

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

AI Content:

YOU ACKNOWLEDGE THAT AI-GENERATED CONTENT CAN BE UNEXPECTED, FLAWED, OR INACCURATE. WE MAKE NO GUARANTEES AS TO THE QUALITY, ACCURACY, OR SUITABILITY OF ANY GENERATED CONTENT.

Security:

WE IMPLEMENT REASONABLE SECURITY MEASURES TO PROTECT YOUR DATA. HOWEVER, NO SECURITY SYSTEM IS IMPENETRABLE. WE CANNOT GUARANTEE THE ABSOLUTE SECURITY OF YOUR DATA. YOUR IMAGES AND VIDEOS ARE STORED AT URLS THAT ARE DIFFICULT TO GUESS ("SECURITY THROUGH OBSCURITY"), BUT THIS IS NOT A GUARANTEE AGAINST UNAUTHORIZED ACCESS. YOU USE THE SERVICE AT YOUR OWN RISK AND ARE ADVISED NOT TO UPLOAD ANY SENSITIVE, CONFIDENTIAL, OR PROPRIETARY INFORMATION. WE ARE NOT LIABLE FOR ANY UNAUTHORIZED ACCESS, HACKING, OR DATA LEAKS.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, INCLUDING ANY PUBLIC EXPOSURE OF YOUR IMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID THE COMPANY, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

8. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party.

9. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

10. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Florida, United States, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Orlando, Florida for any actions for which we retain the right to seek injunctive or other equitable relief.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

12. Contact Us

If you have any questions about these Terms, please contact us at admin@rizz.photos.