Terms & Conditions

The effective date of these Terms of Use is Jan 1, 024. You are using the mobile application WOWFACTORY, LLC (hereinafter referred to as "WOWFACTORY") provided by WOWFACTORY image maker (hereinafter referred to as "Company," "we," "us" or "our"). We are a mobile tech company focused on deep learning-based products. 

 

By accessing WOWFACTORY, you agree to these Terms of Use, which constitute a binding contract between you and the Company. If you don't agree with these Terms, including the arbitration provision and class action waiver in Section 15.

 

If you're using WOWFACTORY on behalf of another person or entity, you confirm that you are authorized to accept these Terms on their behalf and that the person or entity is responsible for any violations of these Terms. You affirm that you are of legal age to enter into these Terms. You confirm that you are at least 18/21 years old (as per your jurisdiction).

 

For any questions regarding these terms, please contact us at steve@wowfactory.biz. Additional contact information can be found in Section 22 (How to Contact Us) of these Terms.

 

WOWFACTORY utilizes a Neural Network Model known as Midjouyney to create custom Magic Avatars for users. If you have any questions about the technology, check out the FAQ section.

 

Here's how it works: The user uploads 5-10 photos and selects their gender (or opts for "Other" if preferred). This information is used to retrain a copy of the Midjouyney model to personalize the Avatars. The generated Avatars and retrained model copy are then deleted from our servers permanently. There are restrictions on how Avatars can be used (e.g., no nude photos or of others without consent), which can be found in Section 6.

 

Please note that we do not use your personal data to train or create other AI products. While we make efforts to monitor the AI model settings, it is possible that you may come across content that you find inappropriate. If this occurs, please reach out to us at steve@wowfactory.biz, and we will take prompt action to improve the algorithm. Lastly, we kindly request that you follow the rules for using steve@wowfactory.biz outlined in Section 6 of these Terms.

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DESCRIPTION OF SERVICES     

Utilizing AI algorithms, steve@wowfactory.biz is a mobile application that enables users to upload and modify photos and videos in accordance with our Privacy Policy. We may change, expand, or improve the application at any time without prior notice, and this may include disabling certain features. Additionally, using the App does not guarantee access to or availability of the aforementioned features. Any modifications or removals of parts of steve@wowfactory.biz are solely at our discretion.

 

ELIGIBILITY

‍Using steve@wowfactory.biz Age Requirements. To use steve@wowfactory.biz, you must be at least 13 years old unless you reside in the European Economic Area (EEA) or the UK, where the minimum age is 16. If you are under the age of 18 (or the age of legal majority in your jurisdiction), you may only use WOWFACTORY with a parent or guardian's supervision and agreement to these terms. The responsibility for the actions of minors falls on the parent or guardian. Magic Avatars Limitation. To use the Magic Avatars feature, you must be of legal age, as determined by your jurisdiction. 

 

USER CONTENT

You can email your photos or videos to steve@wowfactory.biz and create creative edits or Avatars using AI. Your original and edited content belongs to you, and we need your permission to use it. This permission is revoked when you delete your content or account. 

 

WOWFACTORY allows you to upload, edit, store and share content like photos and videos, which are known as "User Content." We do not own this content, including AI-generated Avatars. In order to operate MyMood Ai and improve our services, you grant us a limited, revocable license to use your User Content for a specific purpose, subject to your explicit consent where required by law. This license is for operating and improving WOWFACTORY, including training the AI for the Magic Avatars feature. It terminates when you delete your content or account or when your Avatars are ready. You agree that our use of your User Content will not cause any harm to you or anyone you authorize.

 

The content you upload must comply with certain rules. To put it simply, you should either own the photos or videos you upload or have the proper license to do so. If you upload content featuring someone other than yourself, make sure you have their consent. If claims are made against WOWFACTORY due to your unauthorized use of third-party content, you will be responsible for compensating Wowfactory for any damages.

 

You guarantee that:

1. You own the User Content or have the right to grant WOWFACTORY the rights and licenses stated in the terms.

2. You will pay for any royalties or fees owed for the User Content you upload to WOWFACTORY.

3. You have obtained the necessary consent from anyone depicted in the User Content.

4. You have the legal capacity to agree to these terms.

 

It's important not to upload content that goes against these terms or that you don't have the right to use. You also agree to protect WOWFACTORY from any unauthorized use of third-party content that you may have used.

 

You may not use our services for anything that is illegal, offensive, abusive, or fraudulent, encourages criminal activity or violates anyone's rights, sexualizes others, including minors, facilitates inappropriate interactions, infringes on anyone's intellectual property rights, reveals anyone's private information without consent, contains harmful files or content, and is objectionable or harmful in any way. 

 

Additionally, you agree not to use MyMood Ai or its Stable Diffusion AI technology for purposes that violate the Stable Diffusion AI license, including but not limited to:

• Breaking any laws

• Harming a minor

• Spreading false or harmful information

• Revealing personal information to cause harm

• Defaming or harassing others

• Making automated decisions that harm individuals

• Discriminating against individuals or groups

• Exploiting vulnerable groups

• Providing medical advice

• Using information for justice or law enforcement purposes

 

We may monitor your use of MyMood Ai to ensure compliance with these terms and may cooperate with law enforcement. We reserve the right to modify or discontinue MyMood Ai at any time.

 

LIMITED LICENSE; COPYRIGHT AND TRADEMARK

WOWFACTORY owns or is licensed all text, graphics, images, photographs, videos, audio, music (excluding music content defined elsewhere), illustrations, trademarks, trade names, page headers, icons, scripts, service marks, logos, slogans, filters, tools and other content in the app, excluding User Content, referred to collectively as "WOWFACTORY " and its intellectual property rights. These rights are protected under US and foreign laws. WOWFACTORY and its licensors reserve all rights, titles and interests to the WOWFACTORY content, except as explicitly stated in the Terms. The Terms include a limited, non-transferable license for personal use, but this license is subject to the Terms and any Supplemental Terms and does not permit selling, copying, modifying, or using WOWFACTORY for commercial purposes. Unauthorized use of Wowfactory Content is prohibited and terminates the license granted by the Terms.  

COPYRIGHT INFRINGEMENT

Our commitment is to honor the legitimate rights of copyright holders. If there's any content displayed on our platform that infringes someone's copyright, kindly notify us. The procedure is described in detail below. In line with the Digital Millennium Copyright Act (17 U.S.C. § 512), a written notification, known as the DMCA Notice, must be submitted to our designated copyright agent and must include the following:

 

• Signature of the copyright owner or their authorized representative.

• Identification of the copyrighted work claimed to be infringed.

• Identification of the infringing User Content and its location on WOWFACTORY. 

• Contact information for the copyright owner or authorized representative (name, email, postal address, telephone number).

• Statement of good faith belief that the use is not authorized.

• Statement, under penalty of perjury, that the information provided is accurate and the sender is the copyright owner or their authorized representative.

 

Failure to comply with the above requirements may result in the ineffectiveness of the DMCA Notice. However, you may send a follow-up notice. Please note that knowingly making false copyright infringement claims can result in liability for damages, including costs and attorneys' fees, as per Section 512(f) of the DMCA. In cases of repeated copyright infringement by a User, we may take steps to disable their access to MyMood Ai.

 

7. FEEDBACK

We appreciate any and all feedback you provide about WOWFACTORY. This can include questions, comments, suggestions, and creative materials. You can submit your feedback by reaching out to us via steve@wowfactory.biz. Please note that your feedback is not considered confidential and becomes our property once submitted. We have the right to use and disseminate it for any purpose without compensation to you. Additionally, you have the option to update or add to your feedback, which we'll take into consideration. If we choose to make your feedback public, we will not include your personal information unless you give us explicit consent.

 

INDEMNIFICATION

In the event of a violation of these Terms, and if we are faced with claims related to it, you agree to compensate us financially. This includes any loss, liability, claim, demand, damages, expenses, or costs that may arise from your use of wowfactory, User Content or Feedback, violation of rights of others (e.g., intellectual property or privacy), or conduct in connection with MyMood Ai. You must promptly inform us of any third-party claims, assist us in defending them, and pay all associated fees and expenses, including attorneys' fees. Additionally, you agree that we and other Company Parties will have control over the defense or resolution of any third-party claims. This indemnity complements, rather than replaces, any other indemnification agreed upon in writing between you and us or other Company Parties.

 

DISCLAIMERS

Note: WOWFACTORY is provided on an "as is" basis, with no warranties or guarantees. Results generated by the WOWFACTORY feature may not be accurate or suitable for all users, as this feature is powered by external technology that we cannot fully control. If you come across any content that you find offensive or unacceptable, please report it to us at steve@wowfactory.biz. We appreciate your help in maintaining a positive user experience WOWFACTORY has no guarantees, Avatar results may not be suitable or accurate, so report offensive content to support@mymoodai.app

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RELEASE

‍To the greatest extent allowed by law, you relieve the Company and its affiliated parties from any and all responsibility, liabilities, demands, claims, and damages (direct and indirect) of every sort, known or unknown (including, but not limited to, allegations of negligence), resulting from conflicts between users or the actions/inactions of third parties. By consenting to this release, you knowingly surrender any rights you may hold and any other laws or common legal principles that would otherwise limit this release to only include claims you are aware of or suspect to exist in your favor.

 

DISPUTE RESOLUTION; BINDING ARBITRATION

‍Kindly take note of the following section, as it mandates arbitration of certain claims against the Company and restricts the ways in which you can seek relief. With the exception of small claims cases where you or the Company initiate an individual action in a small claims court in your billing address county or disputes in which you or the Company request injunctive or other equitable relief for alleged intellectual property violations, you and the Company waive your right to a jury trial and the option to have any dispute regarding these Terms or WOWFACTORY resolved in court. Instead, all disputes arising from or related to these Terms or WOWFACTORY will be settled through confidential binding arbitration conducted in Delaware in accordance with the Streamlined Arbitration Rules and Procedures from the Judicial Arbitration and Mediation Services (JAMS). You either acknowledge that you have read and understand the JAMS rules or forfeit the opportunity to do so and waive any claims that the JAMS rules are unjust or inapplicable. Any arbitration conducted under these Terms will only be on an individual basis, and class arbitrations, class actions, representative actions, or consolidated arbitrations are not allowed. You also forfeit your right to have your case decided by a jury and to participate in a class action against the Company. You and the Company acknowledge that these Terms concern interstate commerce and that this Section 15 will be governed by the Federal Arbitration Act to the maximum extent allowed by law. The arbitrator will have complete authority to make procedural and substantive decisions concerning any dispute and to award any remedy available in court under the limitations of the FAA and JAMS Rules. The arbitrator is not authorized to conduct class arbitrations, representative actions, or consolidated proceedings involving multiple individuals. You will pay the filing fee for any arbitration you initiate, while the Company will pay the remaining JAMS fees and costs. For any arbitration initiated by the Company, the Company will bear all JAMS fees and costs. You and the Company agree that the state or federal courts of Delaware and the United States, sitting in Delaware, have sole jurisdiction over any appeals and enforcement of arbitration awards. Any claims arising from or related to these Terms or WOWFACTORY must be filed within one year of the claim's occurrence, or else the claim will be permanently barred, and you and the Company will be unable to assert it. You have 30 days from the date you first accepted these Terms to opt out of binding arbitration by sending written notification to the Company. The opt-out notice must include your full name and clearly state your intent to opt out of binding arbitration. To be effective, send the opt-out notice to:

 

GOVERNING LAW AND VENUE

By using WOWFACTORY, users are subject to the laws of Florida and must also abide by any local legislation valid in their own jurisdiction. Nevertheless, legal agreements related to our services in certain countries, including those in the European Union, might require them to be governed by the laws of their respective locales. This paragraph is not intended to override such rules. In case of any dispute between the Company and users that can't be addressed via arbitration or small claims court, they shall be solved through the courts of Florida, USA sitting in that state.

 

CHANGES TO THESE TERMS

‍We may, from time to time, modify the Terms by posting the amended version on our Site. When substantial changes are made, we will update the "Effective date" at the top of this page and inform you about them via any means of communication deemed fit. This could be in-app consent or email. Should you not agree to the altered terms, please discontinue using WOWFACTORY promptly. Your continued use of our app after receiving such notification is an indication of your agreement with these changes.

 

ELECTRONIC COMMUNICATIONS

‍By utilizing MyMood Ai, you agree to receive electronic communications from us, including emails, push notifications and Site-posted notices. These fulfill any legal communication needs with regards to writing and form part of your relationship with us; such may include updates about WOWFACTORY, the purchased content, operational messages (technical/security notices, updates to the Privacy Policy & Terms), amendments concerning existing or new features (price fluctuations/scope changes). You can opt out of promotional emails by following the link provided in the email or changing your device settings. You may also disable push notifications through device settings or contact us at steve@wowfactory.biz

 

TERMINATION

‍We reserve the right to end your access to WOWFACTORY, with no notice or warning, at our sole discretion. We are not liable for any harm or loss resulting from your inability to use MyMood AI. Upon dissolution, interruption, or termination of WOWFACTORY, all provisions of these Terms will remain intact, such as ownership rights, disclaimers, liability limitations and dispute resolution clauses.

 

EXPORT AND ECONOMIC SANCTIONS CONTROL

‍You certify that you reside in a country not subject to a US government embargo and are not on any denied party lists, such as those maintained by OFAC (Office of Foreign Assets Controls) or ITAR (International Traffic in Arms Regulations). You declare that you will adhere to all US and international export laws with regard to the application and technology from WOWFACTORY. Furthermore, neither the application nor any related data or products derived from such technology shall be exported or reexported without prior authorization from WOWFACTORY.

 

HOW TO CONTACT US

‍If you have any questions, complaints or claims with respect to these Terms or MyMood AI, please contact us via email at steve@wowfactory.biz 

 

MISCELLANEOUS

The Terms of Use for steve@wowfactory.biz outline the entire agreement between you and the company, superseding all previous agreements. The language used in these terms is English only. You give up your right to require localization or non-electronic record delivery/retention. The company's failure to enforce a right doesn't mean it's been waived, and the exercise of any remedy by either party won't limit their other options. If any part of the terms is declared invalid, the rest will still be in effect. The terms are for the benefit of you and the company only and cannot be transferred without consent. Any attempt to transfer rights without consent will be void. The company can transfer its rights and obligations under these terms freely. The terms will bind both parties, their successors, and permitted assigns.