Serif ("we," "us," or "our") provides access to our mobile application ArtLive: AI Generator Studio, our website, and related technologies, features, content, and services (collectively, the "Services"). These Terms of Service ("Terms") govern your access to and use of the Services, including all tools, features, functionality, and any associated software made available by us.
1. Acceptance of These Terms of Service
By downloading, installing, accessing, or using the ArtLive: AI Generator Studio app, website, or any part of our Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service. If you do not agree to these Terms, you may not access or use the Services.
We reserve the right, at our sole discretion, to modify, amend, or update these Terms of Service at any time. When changes are made, we will post the revised version on this page and update the "Last Updated" date at the top. Continued use of the App after such updates become effective constitutes your acceptance of the revised Terms.
Your Privacy: We respect the privacy of our users. For more information on how we handle your data, including tracking technologies and advertising identifiers, please see our Privacy Policy. By using the Service, you consent to our collection, use, tracking, and disclosure of personal data (including photo, face data, and device identifiers) as outlined therein.
2. Access and Use of the Service
Service Description
The Service provided by Serif is an AI-powered photo editing and generation platform. The core features include:
- Get Inspired: Browsing a library of AI avatars, art styles, and photo aesthetics.
- Create Avatars & Art: Uploading photos, selfies, text prompts, or other materials (collectively, "Submissions") to generate personalised AI avatars and digital artwork (the "Generated Content").
- Photo Enhancer: Using AI algorithms to improve the resolution, clarity, and quality of your uploaded photos.
- Gallery: Managing your account, saved creations, and app settings.
Your Registration Obligations
To use certain features, you may need to register or grant access to your device's photo library. You agree to provide and maintain accurate information.
Age Requirement: Due to the nature of generative AI and photo processing, you must be at least 13 years old to use the Service. If we discover that a user under 13 has created an account or uploaded personal photos, we will terminate the account and delete the associated data immediately.
3. In-App Purchases
- In-App Purchases: While some features of the Service may be offered for free, access to certain premium generation features and content requires the use of virtual currency (e.g., coins), which can be acquired through in-app purchases.
- Billing: Payment for in-app purchases will be charged to your Apple ID account at confirmation of purchase.
- Refunds: All in-app purchases are handled by the Apple App Store. Serif does not process payments directly and cannot issue refunds. Please refer to Apple's refund policies for any billing disputes.
4. User Conduct and User-Generated Content (UGC) Policy
You are solely responsible for any Submissions you make available (including uploaded selfies and text prompts) and the Generated Content you create. The creation or processing of Content by users on the Service does not constitute approval or endorsement by us.
Zero Tolerance Policy for Objectionable Content
To comply with Apple App Store Review Guidelines, we enforce a strict zero-tolerance policy against objectionable content and abusive users. You agree not to use the Service to submit, upload, enhance, or generate any content that:
- Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, invasive of privacy, hateful, or racially/ethnically discriminatory.
- Constitutes non-consensual explicit imagery (e.g., deepfakes) or poses a privacy risk to any person.
- Infringes any intellectual property or other proprietary rights of any party.
- Promotes illegal acts or the sexual exploitation of minors.
Reporting and Moderation
We provide in-app features to report inappropriate content or generation results. Serif reserves the right to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending creations from the Service, suspending or terminating the user's access immediately without notice, and reporting such violations to law enforcement authorities.
5. Mobile Software from the Apple App Store
Since you obtain the Mobile App from the Apple App Store and use it on an iOS device, the following additional terms apply:
- You acknowledge and agree that these Terms are entered into solely between you and Serif, not with Apple. Apple bears no responsibility for the Mobile App or any content contained within it.
- Apple is not obligated to provide any maintenance or support services with respect to the Mobile App.
- In the event of any third-party claim alleging that the Mobile App or your use of it infringes upon another party's intellectual property rights, Serif, not Apple, shall be solely responsible for investigating, defending, settling, and discharging such claims.
- You and Serif acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms of Service. Upon your acceptance of these Terms, Apple shall have the right to enforce these Terms against you as a third-party beneficiary.
6. Intellectual Property Rights
- Service Content: The technology, algorithms, UI/UX, and Service Content (excluding your Submissions) are the exclusive property of Serif. You agree not to copy, modify, reverse engineer, or create derivative works based on the Service.
- Content and AI Output Licence: You represent and warrant that you own or have secured all necessary rights to your Submissions (e.g., your uploaded photos, selfies, and prompt texts). By uploading photos or creating art on the platform, you grant Serif a worldwide, non-exclusive, royalty-free licence to process your Submissions strictly to operate the Service and provide you with the Generated Content. Note: As outlined in our Privacy Policy, face data is processed temporarily solely for content generation and is not used to train our AI models.
- Nature of AI Output: You acknowledge that the Service uses experimental artificial intelligence. Outputs (generated avatars or art) may occasionally be inaccurate, inappropriate, or identical/similar to outputs generated for other users. The AI-generated images do not represent the views of Serif.
- Copyright Complaints (DMCA): We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement, please notify us at [email protected] with a formal DMCA takedown request containing the necessary legal identifying information.
7. Disclaimers and Limitation of Liability
DISCLAIMER OF WARRANTIES: YOUR USE OF THE SERVICE AND ANY AI-GENERATED OUTPUT IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERIF WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.
8. Dispute Resolution and Governing Law
- Governing Law: These Terms of Service and any dispute arising out of or relating to them shall be governed by and construed in accordance with applicable laws, without regard to conflict of laws principles.
- Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved exclusively and finally through binding arbitration, rather than a court of law. You waive the right to a trial by jury and the right to participate in a class action.
9. Termination
We may suspend or terminate your account, access, or use of the Service, and may remove your Generated Content and photo history for any reason, including a suspected violation of these Terms or Apple's UGC policies. We will not be liable to you or any third party for any termination, suspension, or deletion of your account or Content.
10. Contact Us
If you have any questions, concerns, or reports of inappropriate content regarding these Terms of Service, please contact us at:
Serif
Email: [email protected]