Terms of Use
Terms of Use Agreement
PLEASE READ THIS TERMS OF USE AGREEMENT (THE "TERMS") CAREFULLY. BY ACCESSING OR USING THIS APPLICATION OR WEBSITE AELUSIVE.COM OR ANY OTHER WEBSITES OF AELUSIVE ("AELUSIVE"), SUCH AS PSEUDOFACE, WITH LINKS TO THIS AGREEMENT (COLLECTIVELY, THE "WEBSITE") IN ANY WAY, INCLUDING USING THE SERVICES ENABLED VIA THE WEBSITE (THE "SERVICES") BY AELUSIVE OR USERS OF THE SITE ("USERS"), CLICKING THE "I ACCEPT" CHECK BOX, USING OUR SERVICES, OR MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE, APPLICATION, OR THE SERVICES.
As a user, you are responsible for complying with the legal requirements of your country or countries you operate within.
"Aelusive" refers to "Aelusive Ltd, a company registered in the United Kingdom. Pseudoface software is property of Aelusive Ltd and is covered by these terms and conditions, which are referred to as “Aelusive” in this agreement.
These Terms govern your access to and use of the Site and the Services and, except as otherwise provided in these Terms, all text, graphics, images, music, audio, video, information, or other materials available through the Site and Services ("Content") and constitute a binding legal agreement between you and Aelusive.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY AELUSIVE IN ITS SOLE DISCRETION AT ANY TIME.
When changes are made, Aelusive will make a new copy of the Terms available on the Website or the application. We will also update the "Last Updated" date at the top of the Terms. Any changes to the Terms will be effective immediately for new Users of the Website or Services and will be effective thirty (30) days after posting notice of such changes on the Website or within the application for existing Users. Aelusive may require you to provide consent to the updated Terms in a specified manner before further use of the Website or the Services is permitted. If you do not agree to any change(s) after receiving notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or the Services constitutes your acceptance of such change(s).
PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
Use of the Services and Aelusive Properties
The Website, the Services, and the information and content made available ("Content") by Aelusive on the Website, Application, and in the Services (collectively, the "AELUSIVE PROPERTIES") are protected by copyright laws throughout the world.
Certain Restrictions
The rights granted to you in the Terms are subject to the following restrictions:
- (a) You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Aelusive Properties;
- (b) You shall not use framing techniques to enclose any trademark, logo, or other Aelusive Properties;
- (c) You shall not use any metatags or other "hidden text" using Aelusive's name or trademarks;
- (d) You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Aelusive Properties, except to the extent the foregoing restrictions are expressly prohibited by applicable law;
- (e) You shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to "scrape" or download data from any web pages contained in the Website;
- (f) Except as expressly stated herein, no part of the Aelusive Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; and
- (g) You shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Aelusive Properties.
Any future release, update, or other addition to the Aelusive Properties shall be subject to the Terms. Aelusive, its suppliers, and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Aelusive Properties terminates the licenses granted by Aelusive pursuant to the Terms.
Responsibility for Content
Types of Content
You acknowledge that all Content, including the Aelusive Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not Aelusive, are entirely responsible for all Content that you upload, process, post, e-mail, transmit, download, and publish after using the service or otherwise make available through the Aelusive Properties ("Your Content"). Other Users of the Aelusive Properties, and not Aelusive, are similarly responsible for all Content that such other Users make available through the Aelusive Properties ("User Content").
Users are solely responsible for the content they upload, including images and videos, and they must have the necessary rights and permissions to use such content. Users are solely responsible for their use of the app and the content they upload, publish, or share. It is the user's responsibility to ensure that they have the necessary rights, permissions, and consents for any content they upload. Users agree to use the app in a lawful and respectful manner, refraining from engaging in any activities that may infringe upon the rights of others or violate any applicable laws or regulations. Users must not misuse the app's features for spamming, impersonation, or any other malicious purposes.
Our services, website, or app are not to be used for any illegal activity, such as, for example, illegal, explicit, defamatory, or infringing material. Users are strictly prohibited from uploading, publishing, or sharing any content that violates applicable laws, regulations, or third-party rights. This includes, but is not limited to, content that is defamatory, obscene, explicit, abusive, fraudulent, or infringing upon intellectual property rights. The app or service shall not be used for any illegal purposes or to engage in any form of harassment, discrimination, or hate speech.
While Aelusive strives to provide effective face filtering technology, we do not guarantee that the use of our app's face filters will make users unrecognizable or completely conceal their identities. The effectiveness and outcome of the face filtering feature may vary depending on various factors, including the quality of the input media and the application of the filters. We accept no liability for any failure to achieve desired results in terms of identity concealment or any consequences thereof. Users understand and acknowledge that the use of our services and the application of the AI-generated face filters are at their own discretion and risk. Users should carefully review any content they process or modify and make their own judgments regarding its suitability and the level of identity concealment achieved through the use of our app.
Please note that Aelusive does not offer refunds if users are not satisfied with the outcomes or results of the app's face filtering feature. The effectiveness and outcome of the face filters may vary depending on various factors, and individual preferences and expectations may differ. While we strive to provide a quality experience, we cannot guarantee specific results or user satisfaction. Therefore, users acknowledge and agree that no refunds will be provided based on dissatisfaction with the outcomes or results achieved through the use of our app's face filtering feature.
No Obligation to Pre-screen Content
You acknowledge that Aelusive has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although Aelusive reserves the right in its sole discretion to pre-screen, refuse, or remove any Content that:
- Violates any law or regulation,
- Violates these Terms, including the User Code of Conduct set forth in Section 4 hereof, and/or
- Otherwise creates liability for Aelusive.
Ownership
Aelusive Properties
Except with respect to Your Content and User Content, you agree that Aelusive and its suppliers own all rights, title, and interest in the Aelusive Properties. Aelusive's name and other related graphics, logos, service marks, and trade names used on or in connection with the Aelusive Properties are the trademarks of Aelusive and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks, and trade names that may appear on or in the Aelusive Properties are the property of their respective owners.
Your Content
Your Content shall at all times remain your sole property, and you agree that you have no right, title, or interest in or to any other Content that appears on or in the Aelusive Properties. You represent that you have all the necessary right, power, and authority to post Your Content to the Aelusive Properties. You agree to allow Aelusive and its applicable contractors to freely host, reproduce, transmit, modify, display, and otherwise use Your Content (in whole or in part) as reasonably necessary to provide the Services to you, and in accordance with Aelusive's agreement with your Entity, if applicable.
Intellectual Property
All rights, title, and interest in the AI-generated face masks, including any associated intellectual property rights, shall remain the sole property of Aelusive. By using the service or app, users acknowledge that any modifications made to their content using the AI-generated face masks may become the property of the app. Users retain their rights to the original content they upload but grant [Your Company] a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, and distribute the modified content for the purpose of providing and improving the app's services.
User Code of Conduct
As a condition of use, you agree not to use the Aelusive Service for any purpose that is prohibited by the Terms or by applicable law. Do not post or permit others to post content on the Aelusive Properties or use our services in anything which would:
- (i) Be illegal or encourages illegal activities, is fraudulent, or is unlawful;
- (ii) Insults, defames, harasses, or threatens others;
- (iii) Violates the copyright, intellectual property, or privacy rights of others;
- (iv) Contains illegal content—please consider obscene, vulgar, pornographic, or libelous material;
- (v) Harms or impersonates others, including other Users; or
Do not attempt or engage in any potentially harmful acts directed against the Aelusive Properties, including but not limited to:
- Violating or attempting to violate any security features,
- Introducing viruses, worms, or similar harmful code,
- Interfering or attempting to interfere with the use of the Aelusive Properties by any other user, host, or network, including by means of overloading, "flooding," "spamming," "mail bombing," or "crashing" the Aelusive Properties.
If you believe that someone has violated this code of conduct, contact pablo@aelusive.com with your concerns.
Interactions with Other Users
Content Provided by Other Users
The Aelusive Properties may contain User Content provided by other Users. Aelusive is not responsible for and does not control User Content. Aelusive has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
Third-Party Websites
Third-Party Websites
The Aelusive Properties may contain links to third-party websites ("Third-Party Websites"). When you click on a link to a Third-Party Website, we will not warn you that you have left the Aelusive Properties and are subject to separate terms and conditions or privacy policies. Such Third-Party Websites are not under the control of Aelusive. Aelusive is not responsible for any Third-Party Websites and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or their products or services. You use all links to Third-Party Websites at your own risk. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
Indemnification
You agree to defend, indemnify, and hold Aelusive, its officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with:
- (i) Your access to or use of the Site, Services, or Content,
- (ii) Your User Content, or
- (iii) Your violation of these Terms.
Disclaimer of Warranties
THE SITE, SERVICES, CONTENT, AND USER CONTENT (OTHER THAN YOUR OWN USER CONTENT) ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Without limiting the foregoing, Aelusive explicitly disclaims any warranties of:
- Merchantability,
- Fitness for a particular purpose,
- Quiet enjoyment,
- Non-infringement, and
- Any warranties arising out of course of dealing or usage of trade.
Aelusive makes no warranty that:
- The Site, Services, Content, or User Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
- The quality of any products, services, software, Content, or User Content obtained through the Site or Services will meet your expectations.
- The accuracy, timeliness, truthfulness, completeness, or reliability of any Content or User Content obtained through the Site or Services.
No advice or information, whether oral or written, obtained from Aelusive or through the Site, Services, Content, or User Content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services. You understand that Aelusive does not screen or inquire into the background of any users of the Site or Services, nor does Aelusive make any attempt to verify the statements of users of the Site or Services. Aelusive makes no representations or warranties as to the conduct of users of the Site Services or their compatibility with any current or future users of the Site or Services.
You agree to take reasonable precautions in the content you process, including all communications and interactions with any other persons, the public, or with users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services, particularly if you decide to meet offline or in person.
Limitation of Liability
Aelusive shall not be held liable for any user-generated content, including its accuracy, legality, or appropriateness. Users acknowledge that they use the app at their own risk and understand that Aelusive does not pre-screen or endorse any content. Aelusive disclaims all warranties, whether express or implied, regarding the app's functionality, reliability, or fitness for a particular purpose. Users are encouraged to report any inappropriate content encountered within the app for appropriate action.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, CONTENT, AND USER CONTENT REMAINS WITH YOU.
Neither Aelusive nor any other party involved in creating, producing, or delivering the Site, Services, or Content will be liable for any:
- Incidental,
- Special,
- Exemplary, or
- Consequential damages,
Including:
- Lost profits,
- Loss of data,
- Loss of goodwill,
- Service interruption,
- Computer damage,
- System failure, or
- The cost of substitute products or services,
Or for any damages for:
- Personal or bodily injury,
- Emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, Software, Content, or User Content,
- Any communications, interactions, or meetings with other users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site or Services,
Whether based on:
- Warranty,
- Contract,
- Tort (including negligence),
- Product liability, or
- Any other legal theory,
And whether or not Aelusive has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will Aelusive's aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, Software, Content, or User Content exceed the amounts you have paid to Aelusive for use of the Site, Services, Software, or Content or one hundred pounds (£100), if you have not made any payments to Aelusive, as applicable.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Aelusive and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Copyright Policy
Aelusive respects copyright law and expects its users to do the same. Aelusive has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Term and Termination
Term
The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Aelusive Properties, unless terminated earlier in accordance with the Terms.
Termination of Services by Aelusive
If you have breached any provision of the Terms, conditions, or the code of conduct, or if Aelusive is required to do so by law (e.g., where the provision of the Website, the Application, or the Services is, or becomes, unlawful), Aelusive has the right to suspend or terminate any Services provided to you or to delete any of Your Content. You agree that all terminations for cause shall be made in Aelusive's sole discretion and that Aelusive shall not be liable to you or any third-party for any termination, and we will not be liable to refund any amounts you paid us for accessing our service. Termination of any Service includes removal of access to such Service and barring of further use of the Service. We reserve the right to take legal action if necessary.
General Provisions
Electronic Communications
The communications between you and Aelusive use electronic means, whether you visit the Aelusive Properties or send Aelusive e-mails or whether Aelusive posts notices on the Aelusive Properties or communicates with you via e-mail. For contractual purposes, you:
- Consent to receive communications from Aelusive in an electronic form; and
- Agree that all terms and conditions, agreements, notices, disclosures, and other communications that Aelusive provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
The foregoing does not affect any statutory rights you may have.
Release
You hereby release Aelusive Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other Website Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Aelusive Properties.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Aelusive's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Aelusive may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Force Majeure
Aelusive shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to:
- Acts of God,
- War,
- Terrorism,
- Riots,
- Embargos,
- Acts of civil or military authorities,
- Fire,
- Floods,
- Accidents,
- Strikes, or
- Shortages of transportation facilities, fuel, energy, labor, or materials.
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Aelusive and you regarding the Site, Services, Content, and User Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Aelusive and you regarding the Site, Services, Content, and User Content.
Governing Law
These Terms will be governed by and construed in accordance with the laws of the United Kingdom, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Notwithstanding the foregoing, you agree that Aelusive shall have the right to seek injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction.
Notice
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Aelusive:
- (i) Via email (in each case to the address that you provide) or
- (ii) By posting to the Site or within the application.
For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
General
The failure of Aelusive to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Aelusive. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.