Terms of Use

Last updated: May 24, 2023

Important: These Terms supplement Apple's Standard EULA.

When you use the Remodel AI iOS application, these Terms apply in addition to the Apple Media Services Terms and Conditions and the Apple Licensed Application End User License Agreement ("Apple EULA"), which you accepted when installing the App from the Apple App Store. To the extent anything in these Terms conflicts with the Apple EULA, the applicable section of the Apple EULA governs only as required by Apple; all other provisions of these Terms apply in full.

These Terms of Use ("Terms") form a legally binding agreement between you ("User," "you," or "your") and Skyble Lab and the Remodel:AI team ("we," "us," or "our") governing your access to and use of the Remodel AI mobile application (iOS and Android) and the website at remodelai.io (collectively, "the App" or "the Service"), which offers image generation tools based on Artificial Intelligence models. By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

PLEASE READ SECTION 12 (BINDING ARBITRATION; CLASS ACTION WAIVER) CAREFULLY — IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION AND LIMITS YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

1. Eligibility

You must be at least 18 years old to use the App. Users between the ages of 13 and 17 may use the App only with the consent and direct supervision of a parent or legal guardian who agrees to be bound by these Terms on the minor's behalf and assumes responsibility for the minor's use of the Service. The App is not intended for, and may not be accessed by, anyone under 13 years of age. If we learn that a user is under 13, we will terminate the account and delete associated data.

2. License to Use the App

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a device that you own or control, solely for personal or commercial use as permitted by these Terms. The App and all related software, designs, logos, trademarks, models, and content (other than User Content) are the exclusive property of Skyble Lab and Remodel:AI and are protected by intellectual property laws. This license is personal to you; you may not assign or transfer it.

3. User Content

"User Content" means any photos, images, prompts, text, or other materials you upload, submit, or generate using the App, including AI-generated outputs.

YOU RETAIN ALL RIGHTS TO YOUR USER CONTENT AND MAY USE IT COMMERCIALLY, SUBJECT TO YOUR SUBSCRIPTION TIER AND THE REPRESENTATIONS YOU MAKE BELOW.

By submitting User Content to the App, you grant us a revocable, non-exclusive, worldwide, temporary, royalty-free, sublicensable license to host, store, reproduce, modify, and display your User Content solely for the purpose of providing the remodel feature (including AI-based generation), improving the Service, and performing our obligations under these Terms. This license ends when your User Content is deleted from our systems in accordance with Section 4. We will not use your User Content to train third-party AI models.

You represent and warrant that: (a) you own or have all necessary rights, licenses, consents, and permissions to submit your User Content; (b) your User Content does not violate these Terms, any applicable law, or any third-party right (including intellectual property, privacy, or publicity rights); and (c) your User Content does not contain images of any person who has not consented to their image being uploaded.

Nature of AI output. AI-generated outputs are produced by probabilistic models and may be inaccurate, misleading, or visually similar to images we did not create. We do not guarantee the originality, accuracy, or non-infringement of any AI output. You are solely responsible for evaluating any output before using it for any purpose and for any consequences of such use.

4. Data Retention

  • Input content (photos and prompts you submit): deleted from our processing systems within 24 hours of submission.
  • Output content (AI-generated images): deleted from our systems within 30 days of generation.

You may download and save AI-generated outputs to your own device at any time before they are deleted. We may retain anonymized, aggregated, or de-identified data indefinitely for analytics and Service improvement.

5. Prohibited Uses

You agree not to use the App to:

  • Violate any applicable law, regulation, or third-party right;
  • Exploit, harm, or attempt to exploit or harm minors in any way, or generate any sexual content involving minors;
  • Generate non-consensual intimate imagery, deepfakes, or any content depicting an identifiable person without their consent;
  • Generate, transmit, or share false, defamatory, or misleading information intended to harm any person or entity;
  • Generate, transmit, or share content that is discriminatory, hateful, harassing, threatening, or that incites violence on the basis of race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic;
  • Generate content that depicts graphic violence, gore, weapons of mass destruction, or instructions for illegal activity;
  • Provide medical, legal, financial, or other professional advice;
  • Submit copyrighted, trademarked, or otherwise legally protected material as input unless you own that material or have an applicable license;
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity;
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code or training data of the App or its underlying AI models;
  • Use the App to develop a competing product or service, or to train any AI/machine learning model;
  • Interfere with or disrupt the integrity or performance of the App, attempt to gain unauthorized access, use automated systems (bots, scrapers) to access the App, or bypass any rate limits, security, or access controls.

We may suspend, restrict, or terminate your access to the App at any time, with or without notice, for any violation of these prohibitions or any other Term, with no refund.

6. Subscriptions, Payments, and Refunds

Some features of the App require a paid subscription. Subscription terms, pricing, and billing periods are presented at the time of purchase and are processed through the Apple App Store, Google Play Store, or our web payment processor (Stripe), depending on the platform you use. Subscriptions automatically renew at the then-current rate unless cancelled before the renewal date through the platform you used to purchase.

Refunds. Refund eligibility is governed by the policies of the respective platform (Apple, Google, or Stripe). We do not directly issue refunds for App Store or Play Store purchases — those must be requested through Apple or Google. For web purchases via Stripe, refund requests must be submitted within 14 days of the original charge and are evaluated case-by-case.

Price changes. We may change subscription pricing on prospective basis with at least 30 days' notice before the next renewal cycle. Continued use after the price change constitutes acceptance of the new price.

7. Account Termination

You may terminate your account at any time by deleting the App and contacting us to request data deletion. We may suspend or terminate your account if you violate these Terms, abuse the Service, attempt to harm us or other users, or if we reasonably believe doing so is necessary to comply with law or protect the rights or safety of any person. Upon termination, your right to use the App ceases immediately. Sections 3 (User Content representations), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 12 (Arbitration), and 13 (General) survive termination.

8. Disclaimer of Warranties

THE APP AND ALL AI-GENERATED OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS. WE MAKE NO REPRESENTATION OR WARRANTY THAT AI-GENERATED OUTPUTS WILL BE ACCURATE, RELIABLE, ORIGINAL, NON-INFRINGING, SAFE FOR ANY PARTICULAR USE, OR SUITABLE FOR ANY PURPOSE. ANY RELIANCE ON THE APP OR ITS OUTPUTS IS AT YOUR SOLE RISK.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SKYBLE LAB, REMODEL:AI, OUR AFFILIATES, OR OUR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APP.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In such jurisdictions, the foregoing limitations apply only to the maximum extent permitted by law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Skyble Lab, Remodel:AI, our affiliates, and our respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your User Content; (b) your use of or inability to use the App; (c) your violation of these Terms; or (d) your violation of any third-party right, including any intellectual property, privacy, or publicity right.

11. DMCA / Copyright Complaints

We respect intellectual property rights and will respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). To submit a DMCA notice, email hello@skyblelab.ai with: (a) a description of the copyrighted work that you claim has been infringed; (b) the URL or location of the allegedly infringing content; (c) your contact information; (d) a statement that you have a good faith belief that the use is not authorized; (e) a statement, under penalty of perjury, that the information is accurate and that you are the rights holder or authorized to act on behalf of the rights holder; and (f) your physical or electronic signature.

12. Binding Arbitration; Class Action Waiver

Read this section carefully — it affects your legal rights.

Agreement to arbitrate. Any dispute, claim, or controversy arising out of or relating to these Terms or the App (a "Dispute") shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The arbitration shall take place in California, USA, or, at your election, by phone or video conference. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Class action waiver. YOU AND WE AGREE TO BRING ANY DISPUTE ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.

Exceptions. This arbitration provision does not preclude either party from seeking injunctive or other equitable relief in court for infringement of intellectual property rights, or from filing a claim in small claims court for claims within that court's jurisdiction.

Opt-out. You may opt out of this arbitration provision by sending written notice to hello@skyblelab.ai within 30 days of first accepting these Terms. Your notice must include your name, the email associated with your account, and a statement that you opt out of the arbitration agreement.

Governing law. Subject to the arbitration provision above, these Terms are governed by the laws of the State of California, USA, without regard to its conflict of law provisions. Any non-arbitrable Dispute shall be brought exclusively in the state or federal courts located in California, and you consent to personal jurisdiction and venue there.

13. Apple-Specific Terms (iOS App)

The following terms apply only if you downloaded the App from the Apple App Store and supplement, but do not replace, the Apple EULA:

  • These Terms are entered into between you and us only, not between you and Apple. We — not Apple — are solely responsible for the App and its content.
  • Apple has no obligation to provide any maintenance or support services with respect to the App.
  • If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you (if any). To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App.
  • We — not Apple — are responsible for addressing any product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, or claims that the App infringes any third-party intellectual property rights.
  • You must comply with applicable third-party terms when using the App (for example, your wireless data carrier's terms).
  • Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
  • You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

14. Changes to These Terms

We may revise these Terms from time to time. We will post the most current version in the App and on the website with an updated "Last updated" date. For material changes, we will provide reasonable notice (such as an in-App notification or email) at least 7 days before the changes take effect. Continued use of the App after the effective date constitutes acceptance of the revised Terms.

15. General

  • Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
  • No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
  • Assignment. You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms freely.
  • Force majeure. We shall not be liable for any delay or failure to perform caused by circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, government action, labor disputes, internet outages, or failure of third-party services.
  • Entire agreement. These Terms (together with our Privacy Policy) constitute the entire agreement between you and us regarding the App and supersede all prior agreements relating to the same subject matter.

16. Contact

For questions about these Terms, contact us at hello@skyblelab.ai.

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