These Terms and Conditions ("Terms") govern your access to and use of the MediaAI App ("MediAI"), a mobile application that combines photo editing tools and GPT Chat technology to enhance user experience. The App is operated by MediaAI, Inc. ("we", "us", "our"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not download, install, or use the App. We may update these Terms from time to time, and your continued use of the App following any update constitutes your acceptance of the updated Terms.
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 your personal devices for your personal, non-commercial use only.
3. User Content
3.1. You are solely responsible for any text, images, photos, or other content that you create, transmit, or store using the App ("User Content").
3.2. By submitting User Content, you represent and warrant that you have all necessary rights, licenses, and permissions to use and share such content, and that your User Content does not infringe any intellectual property rights or violate any applicable laws or regulations.
3.3. We do not claim ownership of your User Content. However, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, adapt, publish, distribute, and display your User Content in connection with the operation, development, and promotion of the App.
4. No Refunds
All sales and purchases made through the App are final, and we do not offer refunds, exchanges, or credit for any products or services purchased, including but not limited to in-app purchases, premium features, or subscriptions.
5. Prohibited Activities
You agree not to use the App for any unlawful or prohibited purposes, including but not limited to:
a. Uploading, posting, or transmitting any User Content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or otherwise objectionable;
b. Interfering with or disrupting the operation of the App or the servers or networks connected to the App;
c. Circumventing or attempting to circumvent any security measures implemented in the App;
d. Using the App to send unsolicited messages, including spam or promotional material;
e. Decompiling, reverse engineering, or otherwise attempting to obtain the source code of the App.
7. Intellectual Property Rights
All rights, title, and interest in and to the App, including all associated intellectual property rights, are owned by MediaAI, Inc. or its licensors. You may not use, copy, modify, distribute, or create derivative works based on the App, except as expressly permitted by these Terms.
8. Disclaimers and Limitation of Liability
8.1. The App is provided "as is" and "as available," without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the App will be error-free, uninterrupted, secure, or meet your specific requirements.
8.2. To the maximum extent permitted by applicable law, in no event shall MediaAI, Inc., its affiliates, directors, officers, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use of the App, whether in an action based on contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.
8.3. You agree to indemnify, defend, and hold harmless MediaAI, Inc., its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or in connection with your use of the App, your violation of these Terms, or your infringement of any third party's rights, including but not limited to intellectual property rights.
9. Governing Law and Dispute Resolution
9.1. These Terms and your use of the App shall be governed by and construed in accordance with the laws of the State, United States, without regard to its conflict of law provisions.
9.2. For users in the European Union, you agree that any dispute arising out of or relating to these Terms or your use of the App shall be resolved through the European Online Dispute Resolution Platform, available at https://ec.europa.eu/consumers/odr.
9.3. For users outside the European Union, you agree that any dispute arising out of or relating to these Terms or your use of the App shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be deemed replaced by a valid, legal, and enforceable provision that most closely reflects the original intent of the parties.
11. Entire Agreement
12. Contact Information
If you have any questions, concerns, or comments about these Terms, please contact us at: MediaAI, Inc. Email: email@example.com