Terms and Conditions of Service

1. Definitions and Interpretation

1.1 Definitions

For the purposes of these Terms and Conditions:

• "Account" means a unique account created for You to access the Service or parts of the Service, including any profile information, preferences, and settings associated with that account.
• "Affiliate" means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
• "Application" or "App" refers to ClearPastAI: Photo Enhancer, the software program and all associated services provided by the Company, including all updates, upgrades, new versions, and modifications thereto, available for download through the Apple App Store, Google Play Store, or any other digital distribution platform.
• "Application Store" means the digital distribution service or platform through which the Application is made available, including but not limited to the Apple App Store and Google Play Store.
• "Company Content" means all content, materials, text, graphics, images, logos, icons, software, source code, object code, algorithms, AI models, data compilations, and other intellectual property owned by, licensed to, or otherwise controlled by the Company and made available through the Application.
• "Device" means any compatible mobile device that can access the Service, including but not limited to iPhone, iPad, Android smartphones, Android tablets, or any other digital electronic device supported by the Application.
• "Intellectual Property Rights" means all patents, patent applications, copyrights, moral rights, trademarks, service marks, trade names, trade dress, trade secrets, know-how, inventions, rights in designs, database rights, rights in computer software, and all other intellectual property rights of whatever nature, whether registered or unregistered, and including all applications, renewals, and extensions thereof, throughout the world.
• "Personal Data" has the meaning ascribed to it in Our Privacy Policy and generally refers to any information that relates to an identified or identifiable natural person.
• "Processed Content" means any photographs, images, or visual media that have been processed, enhanced, restored, upscaled, colorized, or otherwise modified by the Application's AI-powered features.
• "Service" refers to the Application and all features, functionalities, and services provided through the Application, including but not limited to AI photo enhancement, image restoration, image upscaling, photo colorization, scratch removal, background removal, and any other image processing features offered by the Application.
• "Subscription" means a paid subscription plan that grants You access to premium features, functionalities, or content within the Application, subject to the terms and conditions of the applicable subscription plan.
• "Third-Party AI Service" means external artificial intelligence and machine learning platforms, application programming interfaces (APIs), and inference services that the Company utilises to provide the core photo processing functionalities of the Application. This specifically includes, but is not limited to, Replicate, Inc. and its associated AI model hosting and inference platform.
• "Third-Party Content" means any content, materials, information, products, or services provided by third parties that may be accessible through or linked from the Application.
• "User Content" means any content, photographs, images, data, information, or materials that You upload, submit, transmit, post, or otherwise make available through the Application for processing or any other purpose.
• "You", "Your", or "User" means the individual downloading, installing, accessing, or using the Application, or the company or other legal entity on behalf of which such individual is downloading, installing, accessing, or using the Application, as applicable.

1.2 Interpretation

In these Terms and Conditions, unless the context otherwise requires:

1. Words importing the singular number shall include the plural and vice versa, and words importing a particular gender shall include all genders.
2. References to any gender shall include all other genders, and the use of the masculine, feminine, or neuter gender shall not be construed as a limitation.
3. The word "including" and words of similar import, when used in these Terms and Conditions, shall mean "including, without limitation" unless otherwise specified.
4. Any reference to a statute, statutory provision, or regulation shall include any amendments, re-enactments, or successor legislation thereto.
5. Headings and titles of sections, clauses, and paragraphs are inserted for convenience of reference only and shall not affect the interpretation or construction of these Terms and Conditions.
6. Any reference to a section, clause, or paragraph shall be a reference to a section, clause, or paragraph of these Terms and Conditions unless otherwise stated.

2. Acceptance of Terms

2.1 Agreement to Terms

By downloading, installing, accessing, or using the Application, You represent, warrant, and agree that:

1. You have read, understood, and agree to be bound by these Terms and Conditions and any additional terms and policies referenced herein or incorporated by reference.
2. You are of legal age in Your jurisdiction to form a binding contract with the Company, or if You are under the age of majority, You have obtained the consent of Your parent or legal guardian to use the Application.
3. You have the legal capacity, authority, and right to enter into these Terms and Conditions and to comply with all of the terms and conditions set forth herein.
4. You are not a person who is barred, prohibited, or otherwise restricted from downloading, installing, accessing, or using the Application under the laws of the country in which You are resident or from which You access or use the Application.
5. All information that You provide to the Company in connection with the Application is truthful, accurate, complete, and current, and You will promptly update such information as necessary to maintain its truthfulness, accuracy, and completeness.
6. You will comply with all applicable local, state, national, and international laws, rules, and regulations in connection with Your use of the Application.

2.2 Additional Terms

Your use of the Application is also subject to the following additional terms and policies, which are hereby incorporated into these Terms and Conditions by reference:

1. Privacy Policy: Our Privacy Policy, available at baruzotech.com/privacy-policy/clearpastai, describes how We collect, use, process, store, and protect Your information when You use the Application. By using the Application, You consent to the collection and use of Your information as described in Our Privacy Policy.
2. Application Store Terms: Your download, installation, and use of the Application may also be subject to the terms and conditions of the Application Store from which You downloaded the Application, including but not limited to the Apple App Store Terms of Service and the Google Play Terms of Service.
3. Community Guidelines: Any community guidelines, usage policies, or acceptable use policies that the Company may publish or make available from time to time in connection with the Application.

2.3 Modifications to Terms

The Company reserves the right, at its sole discretion, to modify, amend, update, or replace these Terms and Conditions at any time. Any modifications shall be effective immediately upon posting the updated Terms and Conditions within the Application or on the Company's website. It is Your responsibility to review these Terms and Conditions periodically for changes. Your continued use of the Application following the posting of any changes to these Terms and Conditions constitutes Your acceptance of and agreement to those changes.

3. Description of the Service

3.1 Overview

ClearPastAI: Photo Enhancer is an AI-powered mobile application that provides advanced photo enhancement, restoration, and processing capabilities. The Application offers the following features and functionalities, which may be updated, modified, or expanded from time to time:

1. AI Photo Enhancement: Automatically enhance and improve the quality of photographs using artificial intelligence and machine learning algorithms.
2. Image Upscaling: Increase the resolution and size of photographs while preserving and enhancing detail and clarity using AI-powered super-resolution technology.
3. Photo Restoration: Restore old, damaged, or degraded photographs to improved quality using AI-powered restoration techniques.
4. Photo Colorization: Add realistic colour to black-and-white or greyscale photographs using AI-powered colorization models.
5. Scratch Removal: Detect and remove scratches, blemishes, and other imperfections from photographs using AI-powered inpainting technology.
6. Background Removal: Automatically detect and remove or replace the background of photographs using AI-powered segmentation technology.
7. Other Features: Any other features, functionalities, tools, or services that the Company may introduce, modify, or discontinue from time to time.

3.2 Third-Party AI Processing

You acknowledge and agree that the Application utilises third-party artificial intelligence and machine learning services, including but not limited to Replicate, Inc. ("Replicate"), to provide its core photo processing functionalities. By using the photo processing features of the Application, You expressly consent to:

1. The transmission of Your photographs and images from Your Device to Replicate's servers and infrastructure for AI-powered processing.
2. The processing of Your photographs and images by AI and machine learning models hosted on Replicate's platform.
3. The temporary storage of Your photographs and images on Replicate's servers for the duration necessary to complete the processing request.
4. The transfer of Your photographs and images to jurisdictions outside of Your home country, including but not limited to the United States of America, where Replicate's servers may be located.

3.3 Service Availability

The Company does not guarantee that the Application or any particular feature or functionality thereof will be available at all times or at any particular time, or that the Application will be uninterrupted, timely, secure, or error-free. The Company reserves the right to modify, suspend, or discontinue the Application or any part thereof, temporarily or permanently, at any time, with or without notice, and without liability to You.

3.4 AI Processing Accuracy and Limitations

You acknowledge and agree that:

1. AI-powered photo processing is not always perfect and may not produce the results You expect or desire in every case.
2. The quality of the Processed Content depends significantly on the quality, resolution, format, and condition of the original User Content that You provide for processing.
3. The Application may not be able to process certain types of photographs or images, including but not limited to images that are excessively damaged, corrupted, or in unsupported formats.
4. The AI processing may introduce artefacts, distortions, inaccuracies, or other imperfections in the Processed Content that were not present in the original User Content.
5. The Company does not guarantee any particular level of quality, accuracy, or fidelity in the Processed Content.
6. All AI-powered features and functionalities are provided on an "as is" and "as available" basis without any warranties of any kind.

4. Licence Grant and Restrictions

4.1 Licence Grant

Subject to Your compliance with these Terms and Conditions, the Company hereby grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install, and use the Application on a Device that You own or control, solely for Your personal, non-commercial purposes, in accordance with these Terms and Conditions and the applicable Application Store terms and conditions.

4.2 Licence Restrictions

You agree that You shall not, and shall not permit any third party to:

1. Copy, reproduce, distribute, publish, display, perform, or create derivative works of the Application or any part thereof.
2. Modify, adapt, translate, or create derivative works based on the Application or any Company Content.
3. Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof.
4. Remove, alter, obscure, or tamper with any copyright notices, trademarks, proprietary rights notices, or other intellectual property notices contained in or displayed by the Application.
5. Use the Application for any unlawful, illegal, fraudulent, or harmful purpose or activity.
6. Use the Application to process, enhance, restore, or otherwise modify any photographs, images, or content that is obscene, pornographic, violent, threatening, harassing, defamatory, libellous, or otherwise objectionable or harmful.
7. Use the Application to process, enhance, restore, or otherwise modify any photographs, images, or content that infringes upon the intellectual property rights, privacy rights, publicity rights, or other proprietary rights of any third party.
8. Use the Application to process, create, distribute, or store any child sexual abuse material (CSAM) or any content that exploits or harms minors in any way.
9. Use the Application in any manner that could damage, disable, overburden, or impair the Application, the Company's servers, or the networks connected to the Company's servers.
10. Use any robot, spider, scraper, crawler, or other automated means or interface to access the Application or extract data from the Application.
11. Attempt to gain unauthorised access to the Application, other users' accounts, or the Company's computer systems or networks.
12. Use the Application to send, distribute, or facilitate the sending of unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation.
13. Sublicense, sell, rent, lease, transfer, assign, or otherwise dispose of the Application or the licence granted herein.
14. Use the Application or any information obtained from the Application to develop, create, or contribute to any competing product, service, or application.
15. Use the Application in violation of any applicable local, state, national, or international law, rule, or regulation.
16. Use the Application in any manner not expressly authorised by these Terms and Conditions.

4.3 Licence Termination

The licence granted to You under these Terms and Conditions shall automatically terminate without notice if You breach any provision of these Terms and Conditions. Upon termination, You must immediately cease all use of the Application and delete all copies of the Application from Your Devices.

4.4 Reservation of Rights

All rights not expressly granted to You under these Terms and Conditions are reserved by the Company. Nothing in these Terms and Conditions shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use the Application or any Company Content beyond the limited licence expressly granted herein.

5. User Content

5.1 Your Responsibility

You are solely responsible for all User Content that You upload, submit, transmit, or otherwise make available through the Application. By uploading or submitting User Content to the Application, You represent and warrant that:

1. You own or have obtained all necessary rights, licences, consents, and permissions to use and authorise the Company to use the User Content as contemplated by these Terms and Conditions.
2. The User Content does not and will not infringe, violate, or misappropriate any Intellectual Property Rights, privacy rights, publicity rights, or other proprietary rights of any third party.
3. The User Content does not contain any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, or otherwise objectionable.
4. The User Content does not contain any illegal content, including but not limited to child sexual abuse material (CSAM), content that exploits minors, or content that violates any applicable law or regulation.
5. The User Content complies with all applicable local, state, national, and international laws, rules, and regulations.

5.2 Licence to User Content

By uploading or submitting User Content to the Application, You hereby grant to the Company a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, and transferable licence to use, reproduce, process, modify, adapt, publish, and display the User Content solely for the following purposes:

1. Providing, operating, maintaining, and improving the Service, including delivering the Processed Content back to You.
2. Transmitting and processing Your User Content through third-party AI services, including Replicate, Inc., for the purpose of performing the AI-powered photo processing features of the Application.
3. Improving, training, and enhancing the Company's AI models, algorithms, and services, provided that any User Content used for this purpose shall be anonymised and de-identified so that it cannot be traced back to You or any identifiable individual.
4. Complying with applicable laws, regulations, legal processes, or governmental requests.
5. Enforcing these Terms and Conditions and protecting the rights, property, or safety of the Company, its users, or the public.

5.3 No Obligation to Monitor

The Company has no obligation to monitor, review, screen, or moderate any User Content uploaded or submitted to the Application. However, the Company reserves the right, in its sole discretion, to remove, delete, edit, or disable access to any User Content at any time, for any reason or no reason, without prior notice to You.

5.4 Backup of User Content

The Company does not guarantee the preservation, backup, retention, or availability of any User Content or Processed Content. You are solely responsible for creating and maintaining backup copies of Your User Content and Processed Content. The Company shall have no liability for any loss, corruption, deletion, or destruction of User Content or Processed Content.

6. Intellectual Property Rights

6.1 Company's Intellectual Property

The Application, including all Company Content, features, functionalities, design elements, user interface, graphics, software, source code, object code, algorithms, AI models, data compilations, and all Intellectual Property Rights therein, are and shall remain the exclusive property of the Company and its licensors. The Application is protected by copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. Nothing in these Terms and Conditions shall be construed as transferring any ownership rights in the Application or any Company Content to You or any third party.

6.2 Trademarks

"ClearPastAI", the ClearPastAI logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written consent of the Company. All other names, logos, product and service names, designs, and slogans used in connection with the Application are the trademarks of their respective owners.

6.3 Feedback

If You provide any feedback, suggestions, ideas, comments, recommendations, or other input to the Company regarding the Application or the Service ("Feedback"), You hereby irrevocably assign to the Company all right, title, and interest in and to such Feedback, including all Intellectual Property Rights therein. The Company shall be free to use, reproduce, modify, adapt, publish, translate, distribute, perform, display, and otherwise exploit the Feedback for any purpose, without restriction, attribution, compensation, or obligation to You.

7. User Accounts

7.1 Account Registration

In order to access certain features or functionalities of the Application, You may be required to create an Account. By creating an Account, You agree to:

1. Provide accurate, current, and complete information during the registration process and in Your Account profile.
2. Maintain and promptly update Your Account information to keep it accurate, current, and complete.
3. Maintain the security and confidentiality of Your Account credentials, including Your password, and not disclose Your password or other Account credentials to any third party.
4. Accept responsibility for all activities that occur under Your Account, whether or not authorised by You.
5. Notify the Company immediately of any unauthorised access to or use of Your Account or any other breach of security by contacting Us at info@baruzotech.com.

7.2 Account Security

You are responsible for safeguarding Your Account credentials and for all activities that occur under Your Account. The Company shall not be liable for any loss or damage arising from Your failure to maintain the security of Your Account credentials.

7.3 Account Termination

The Company reserves the right, in its sole discretion, to suspend, deactivate, or terminate Your Account at any time, with or without notice, for any reason, including but not limited to:

1. Violation of these Terms and Conditions or any other policies of the Company.
2. Fraudulent, abusive, or otherwise illegal activity on or in connection with Your Account.
3. Extended periods of inactivity on Your Account.
4. Requests by law enforcement or other government agencies.
5. Discontinuance or material modification of the Application or any part thereof.
6. Unexpected technical or security issues or problems.
7. Any other reason that the Company, in its sole discretion, deems appropriate.

8. Subscription Terms and In-App Purchases

8.1 Premium Features

The Application may offer certain premium features, functionalities, or content that are available only through the purchase of a Subscription or through in-app purchases. The Company reserves the right to determine which features are available for free and which require a Subscription or in-app purchase.

8.2 Subscription Terms

If You purchase a Subscription, the following terms and conditions shall apply:

1. Billing: Subscriptions are billed on a recurring basis (weekly, monthly, quarterly, annually, or as otherwise specified at the time of purchase) through the applicable Application Store. You agree to pay all fees and charges associated with Your Subscription in accordance with the pricing and billing terms in effect at the time of each renewal.
2. Auto-Renewal: Unless You cancel Your Subscription at least twenty-four (24) hours before the end of the current billing period, Your Subscription will automatically renew for the same duration at the then-current Subscription price. Your Application Store account will be charged for renewal within twenty-four (24) hours prior to the end of the current billing period.
3. Price Changes: The Company reserves the right to change Subscription prices at any time. Any price changes will be effective for the next billing period following the date of the price change. The Company will provide You with reasonable notice of any price changes through the Application or the Application Store.
4. Cancellation: You may cancel Your Subscription at any time through the Application Store settings on Your Device. Cancellation will take effect at the end of the current billing period, and You will continue to have access to premium features until the end of that period. No refunds or credits will be provided for partial billing periods.
5. Refunds: All Subscription payments are processed through the applicable Application Store (Apple App Store or Google Play Store). Refund requests must be submitted directly to the applicable Application Store in accordance with their refund policies. The Company does not directly process refunds for Subscription payments.

8.3 Free Trial

The Company may, at its sole discretion, offer a free trial period for certain Subscription plans. At the end of the free trial period, Your Subscription will automatically convert to a paid Subscription at the then-current Subscription price unless You cancel Your Subscription before the end of the free trial period. By starting a free trial, You agree that the Company may charge the payment method associated with Your Application Store account for the applicable Subscription fee upon expiration of the free trial.

8.4 In-App Purchases

The Application may offer certain features, functionalities, or content available for purchase on a one-time or consumable basis through in-app purchases. All in-app purchases are final and non-refundable, except as required by applicable law or as otherwise provided by the applicable Application Store's refund policies.

9. Prohibited Activities and Uses

9.1 General Prohibitions

In addition to the licence restrictions set forth in Section 4.2 above, You agree that You shall not use the Application to:

1. Engage in any activity that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
2. Process, enhance, restore, or otherwise modify any photographs or images of individuals without their consent or authorisation, where such consent or authorisation is required by applicable law.
3. Process, create, distribute, or store any child sexual abuse material (CSAM) or any content that sexually exploits, endangers, or harms minors in any way.
4. Create deepfakes, manipulated media, or other deceptive content that is intended to mislead, deceive, defraud, or harm any individual, organisation, or entity.
5. Harass, bully, stalk, threaten, intimidate, or otherwise cause harm to any individual or group of individuals.
6. Create, distribute, or promote content that promotes hatred, discrimination, violence, or intolerance against any individual or group based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or any other protected characteristic.
7. Impersonate any person, entity, or organisation, or falsely state or otherwise misrepresent Your affiliation with any person, entity, or organisation.
8. Attempt to gain unauthorised access to the Application, other users' accounts, computer systems, or networks connected to the Application through hacking, password mining, or any other means.
9. Transmit or introduce any viruses, worms, Trojan horses, malware, ransomware, spyware, adware, or any other harmful or malicious code or software into the Application or the Company's systems.
10. Harvest, collect, scrape, or gather any data or personal information of other users of the Application without their explicit consent.
11. Overload, flood, spam, or otherwise interfere with the proper functioning of the Application, the Company's servers, or the networks connected to the Application.
12. Use the Application for any unauthorised commercial purpose, including but not limited to reselling, redistributing, or commercially exploiting the Processed Content or any other output of the Application without the Company's prior written consent.
13. Circumvent, disable, or otherwise interfere with any security features, access controls, or technological protection measures of the Application.
14. Use the Application in violation of any applicable export control laws, sanctions, or regulations, including but not limited to the export or re-export of the Application or any data or content to prohibited countries, entities, or individuals.

9.2 Enforcement

The Company reserves the right, in its sole discretion, to investigate any suspected violation of these Terms and Conditions and to take any action it deems appropriate, including but not limited to issuing warnings, suspending or terminating Your Account, removing or disabling access to any User Content, reporting any activity to law enforcement authorities, and pursuing any available legal remedies.

10. Disclaimers and Warranties

10.1 "As Is" and "As Available"

THE APPLICATION AND ALL COMPANY CONTENT, FEATURES, FUNCTIONALITIES, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

1. IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
2. WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.
3. ANY WARRANTY THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
4. ANY WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
5. ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CURRENCY OF ANY INFORMATION, CONTENT, OR DATA PROVIDED THROUGH THE APPLICATION.
6. ANY WARRANTY REGARDING THE QUALITY, ACCURACY, FIDELITY, OR RELIABILITY OF ANY PROCESSED CONTENT GENERATED BY THE APPLICATION'S AI-POWERED FEATURES.

10.2 AI Processing Disclaimer

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING:

1. THE ACCURACY, QUALITY, FIDELITY, OR RELIABILITY OF ANY PROCESSED CONTENT OR OUTPUT GENERATED BY THE APPLICATION'S AI-POWERED FEATURES.
2. THE SUITABILITY OF THE PROCESSED CONTENT FOR ANY PARTICULAR PURPOSE, INCLUDING BUT NOT LIMITED TO PROFESSIONAL, COMMERCIAL, LEGAL, OR FORENSIC PURPOSES.
3. THE AVAILABILITY, RELIABILITY, OR PERFORMANCE OF ANY THIRD-PARTY AI SERVICES, INCLUDING REPLICATE, INC., USED BY THE APPLICATION.
4. THE SECURITY, PRIVACY, OR CONFIDENTIALITY OF YOUR PHOTOGRAPHS, IMAGES, OR OTHER DATA DURING TRANSMISSION TO AND PROCESSING BY THIRD-PARTY AI SERVICES.

10.3 Third-Party Disclaimer

The Company does not endorse, warrant, guarantee, or assume responsibility for any products, services, content, or information offered or provided by any third party through or in connection with the Application, including but not limited to Third-Party AI Services, Third-Party Content, and any linked websites, applications, or services. The Company shall not be a party to or in any way be responsible for monitoring any transaction between You and any third party.

10.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the limitations and disclaimers set forth in this section may not apply to You. To the extent that the Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Company's liability shall be the minimum permitted under applicable law.

11. Limitation of Liability

11.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY OF THE FOLLOWING, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE:

1. ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND.
2. LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, GOODWILL, OR ANTICIPATED SAVINGS.
3. LOSS OF DATA, INCLUDING BUT NOT LIMITED TO LOSS OF PHOTOGRAPHS, IMAGES, USER CONTENT, OR PROCESSED CONTENT.
4. LOSS OF USE OR INABILITY TO USE THE APPLICATION OR ANY FEATURE THEREOF.
5. COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY.
6. PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR ACCESS TO OR USE OF THE APPLICATION.
7. ANY INABILITY TO ACCESS OR USE THE APPLICATION, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE APPLICATION.
8. ANY UNAUTHORISED ACCESS TO OR USE OF THE COMPANY'S SERVERS, YOUR ACCOUNT, OR ANY PERSONAL INFORMATION OR OTHER DATA STORED THEREIN.
9. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE APPLICATION, INCLUDING BUT NOT LIMITED TO ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.

11.2 Aggregate Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR YOUR USE OF THE APPLICATION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE USE OF THE APPLICATION DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

11.3 Essential Purpose

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE TERMS AND CONDITIONS FAILS OF ITS ESSENTIAL PURPOSE, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Indemnification

12.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

1. Your access to or use of the Application or the Service.
2. Your violation or breach of any provision of these Terms and Conditions.
3. Your violation of any applicable law, rule, regulation, or third-party right, including any Intellectual Property Rights, privacy rights, or publicity rights.
4. Any claim that Your User Content infringes, violates, or misappropriates the Intellectual Property Rights, privacy rights, publicity rights, or other proprietary rights of any third party.
5. Any User Content that You upload, submit, transmit, or otherwise make available through the Application.
6. Any damage caused by Your User Content to any third party, including but not limited to damage to reputation, emotional distress, or financial loss.
7. Any misrepresentation made by You in connection with the Application or these Terms and Conditions.
8. Your negligence, wilful misconduct, or other tortious conduct in connection with the Application.

12.2 Company's Rights

The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You. In such event, You shall cooperate fully with the Company in asserting any available defences and shall not settle any such matter without the prior written consent of the Company.

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal legal claim or initiating any formal dispute resolution proceedings, You agree to first attempt to resolve any dispute, controversy, or claim arising out of or relating to these Terms and Conditions or the Application informally by contacting the Company at info@baruzotech.com. The Company will attempt to resolve the dispute informally by contacting You via email. If the dispute is not resolved within thirty (30) days after submission, either party may proceed with formal dispute resolution as set forth below.

13.2 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, or the breach, termination, or invalidity thereof, that cannot be resolved through informal resolution as described in Section 13.1 above, shall be finally settled by binding arbitration administered by the Indian Council of Arbitration in accordance with its rules and procedures then in effect. The arbitration shall be conducted in Surat, Gujarat, India, before a single arbitrator appointed in accordance with the rules of the Indian Council of Arbitration. The language of the arbitration shall be English. The arbitrator's decision shall be final and binding on both parties, and judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

13.3 Class Action Waiver

YOU AND THE COMPANY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN, OR BE A MEMBER OF, A CLASS ACTION, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING. YOU ALSO WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS.

13.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its Intellectual Property Rights, including but not limited to patents, copyrights, trademarks, trade secrets, and other proprietary rights, without the requirement of posting bond or proving actual damages.

14. Governing Law and Jurisdiction

14.1 Governing Law

These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

14.2 Jurisdiction

Subject to the arbitration provisions set forth in Section 13 above, You irrevocably submit to the exclusive jurisdiction of the courts located in Surat, Gujarat, India, for the resolution of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions that is not subject to arbitration.

15. Termination

15.1 Termination by You

You may terminate these Terms and Conditions at any time by ceasing all use of the Application, deleting the Application from Your Device, and cancelling any active Subscriptions through the applicable Application Store.

15.2 Termination by Company

The Company may terminate or suspend Your access to the Application and these Terms and Conditions immediately, without prior notice or liability, for any reason whatsoever, including but not limited to any breach of these Terms and Conditions by You.

15.3 Effect of Termination

Upon termination of these Terms and Conditions, for any reason:

1. All rights and licences granted to You under these Terms and Conditions shall immediately cease and terminate.
2. You must immediately cease all use of the Application and delete all copies of the Application from Your Devices.
3. The Company may, in its sole discretion, delete Your Account, Your User Content, Your Processed Content, and any other data associated with Your Account, without any obligation to provide prior notice or to retain or preserve any such data.
4. The following sections of these Terms and Conditions shall survive termination and continue in full force and effect: Section 5 (User Content), Section 6 (Intellectual Property Rights), Section 10 (Disclaimers and Warranties), Section 11 (Limitation of Liability), Section 12 (Indemnification), Section 13 (Dispute Resolution), Section 14 (Governing Law and Jurisdiction), and this Section 15.3 (Effect of Termination).

16. General Provisions

16.1 Entire Agreement

These Terms and Conditions, together with the Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between You and the Company regarding Your use of the Application and supersede all prior and contemporaneous agreements, proposals, representations, warranties, and understandings, whether written or oral, between You and the Company regarding the subject matter hereof.

16.2 Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, void, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or, if modification is not possible, such provision shall be severed from these Terms and Conditions, and the remaining provisions shall continue in full force and effect.

16.3 Waiver

No waiver by the Company of any term, condition, or provision of these Terms and Conditions shall be deemed a further or continuing waiver of such term, condition, or provision or a waiver of any other term, condition, or provision, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign, transfer, delegate, or sublicense any of Your rights or obligations under these Terms and Conditions without the prior written consent of the Company. The Company may freely assign, transfer, or delegate its rights and obligations under these Terms and Conditions without restriction and without notice to You. Any attempted assignment, transfer, or delegation in violation of this section shall be null and void.

16.5 Force Majeure

The Company shall not be liable for any failure or delay in performing its obligations under these Terms and Conditions to the extent that such failure or delay results from circumstances beyond the Company's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, power outages, telecommunications failures, Internet failures or disruptions, failures of third-party AI service providers (including Replicate, Inc.), cyberattacks, government actions, labour disputes, or any other event beyond the Company's reasonable control.

16.6 No Third-Party Beneficiaries

These Terms and Conditions are for the sole benefit of the parties hereto and do not create any third-party beneficiary rights, except that the Company's affiliates are intended third-party beneficiaries of the provisions of Section 10 (Disclaimers and Warranties), Section 11 (Limitation of Liability), and Section 12 (Indemnification).

16.7 Notices

All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and shall be deemed to have been duly given when sent by email to the Company at info@baruzotech.com, or to You at the email address associated with Your Account, if applicable.

16.8 Relationship of Parties

Nothing in these Terms and Conditions shall be construed as creating a joint venture, partnership, employment, agency, or fiduciary relationship between You and the Company. Neither party shall have the authority to bind the other party or to incur any obligation on behalf of the other party.

16.9 Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including but not limited to the Export Administration Regulations maintained by the United States Department of Commerce, trade and economic sanctions maintained by the United States Treasury Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations maintained by the United States Department of State. You shall not, directly or indirectly, export, re-export, or release the Application or any data or content to any jurisdiction, country, or person to which export, re-export, or release is prohibited by applicable law.

16.10 Headings

The headings and titles of the sections and subsections of these Terms and Conditions are inserted for convenience of reference only and shall not affect the meaning, interpretation, or construction of these Terms and Conditions.

16.11 Language

These Terms and Conditions are drafted in the English language. If these Terms and Conditions are translated into any other language, the English language version shall prevail in the event of any conflict or inconsistency between the English version and any translated version.

17. Apple-Specific Terms

The following additional terms and conditions apply to You if You downloaded the Application from the Apple App Store. These terms are in addition to, and not in lieu of, all other terms and conditions set forth in these Terms and Conditions.

17.1 Acknowledgement

You acknowledge and agree that these Terms and Conditions are entered into between You and the Company only, and not with Apple Inc. ("Apple"). The Company, not Apple, is solely responsible for the Application and the content thereof.

17.2 Scope of Licence

The licence granted to You under these Terms and Conditions is limited to a non-transferable licence to use the Application on any Apple-branded products that You own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

17.3 Maintenance and Support

The Company is solely responsible for providing any maintenance and support services with respect to the Application, as specified in these Terms and Conditions or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

17.4 Warranty

In the event of any failure of the Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Application to You, if applicable. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Company's sole responsibility.

17.5 Product Claims

You acknowledge that the Company, not Apple, is responsible for addressing any claims by You or any third party relating to the Application or Your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.

17.6 Intellectual Property Claims

You acknowledge that, in the event of any third-party claim that the Application or Your possession and use of the Application infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim.

17.7 Third-Party Beneficiary

You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms and Conditions as they relate to Your licence of the Application. Upon Your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against You as a third-party beneficiary thereof.

18. Contact Information

If You have any questions, concerns, complaints, or requests regarding these Terms and Conditions, You may contact Us:

• Company Name: BaruzoTech Private Limited
• Email: info@baruzotech.com
• Website: www.baruzotech.com

We will endeavour to respond to all inquiries and requests within thirty (30) business days of receipt.