Terms of Service

Effective January 29, 2024

This Terms of Service includes important information about your personal data and we encourage you to read it carefully.

1. Acceptance of Terms

These Terms of Service ("Agreement") govern your use of the AI Emojis platform and services ("Services"). This explains what rights you have with respect to images and other assets which you might generate with the Service, or prompts you might enter into the Service (the “Assets”) By accessing and using the Services, you accept and agree to be bound by this Agreement. If you do not agree to these terms, please do not use the Services.

2. Registration and Account

To access certain features of AI Emojis, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your password and any other credentials used to access your AI Emojis account. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions.

3. Use of the Service

AI Emojis allows users to create and customize emojis using artificial intelligence.

• Free Users: Emojis generated by free users are strictly for personal and non-commercial use.
• Paid Users: Only users with a monthly or yearly subscription can use the generated emojis for commercial purposes.

By using the Services, you agree not to:

• Misuse or abuse our Services or any information included on the AI Emojis platform.
• Attempt to gain unauthorized access to our system or engage in any activity that interferes with the performance or security of our Services.
• Replicate, duplicate, sell, or exploit any portion of the Services without express written permission from AI Emojis, unless you're a premium user and the usage aligns with commercial use.
• Post or transmit any form of malware, virus, or other malicious software.
• Engage in any unlawful activity or solicit others to perform or participate in any unlawful acts.

4. Restrictions

The services provided by AI Emojis are divided based on usage:

• For Free Users: Emojis can only be used for personal and non-commercial purposes. Unauthorized use of emojis for commercial purposes will result in penalties or legal action.
• For Premium Users: Emojis can be used for both personal and commercial activities as per the terms of the premium subscription.

Unauthorized use of the AI Emojis brand, logos, and other copyrighted content is prohibited regardless of the type of account. You agree not to modify, copy, distribute, or create derivative works based on the AI Emojis Services, in whole or in part, without express written permission.

5. DMCA and Takedowns Policy Notification Procedures

We respect the intellectual property rights of others. If you believe that any emoji or content located on or linked to by AI Emojis violates your copyright or trademark, please send a notice of claimed infringement to [email protected] with the subject “Takedown Request,” and include the following:

• Your physical or electronic signature.
• Identification of the copyrighted work (or mark) you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
• If the copyright owner's rights arise under the laws of a country other than the United States, please identify the country.

Upon receipt of a notice that complies with the foregoing, we reserve the right to remove or disable access to the accused emoji or content; notify the party accused of infringement that we have removed or disabled access to the identified material; and terminate access to and use of AI Emojis for any user who engages in repeated acts of infringement.

Please be aware that if you knowingly misrepresent that material or activity on AI Emojis is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

6. Dispute Resolution and Governing Law

ALL LEGAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT ("Dispute") WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, USA, EXCLUDING CALIFORNIA'S CONFLICTS OF LAWS RULES.

The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association's International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement.

The parties will mutually select one arbitrator. The arbitration will be conducted in English in Santa Clara County, California, USA.

Each party will bear its own lawyers' and experts' fees and expenses, regardless of the arbitrator's final decision regarding the Dispute.

7. Service Access and Rate Limiting

If You purchase an access plan to AI Emojis, we strive to offer you seamless service. However, we reserve the right to rate limit You to ensure quality of service for all users and prevent server overloads.

8. Payment and Billing

We may invoice you for your access to AI Emojis through a third-party payment service provider. The terms of service of that third-party payment provider will govern any payment disputes or issues, and will take precedence over this Agreement in the event of a conflict.

You can cancel your subscription plan at any time. We also reserve the right to terminate or suspend your access to AI Emojis for any reason, including if you violate our Community Guidelines or misuse the service. Any breach of the Community Guidelines will be considered a violation of this Agreement. Should your subscription be terminated, you will not receive a refund for the current billing period. However, no additional charges will be made once the current subscription period ends.

9. Community Guidelines

• Respect and Kindness: Engage with other users and our staff in a respectful manner. Avoid using emojis or prompts that can be seen as disrespectful, aggressive, or abusive. Harassment or violence will not be tolerated.
• Content Restrictions: Steer clear from creating or sharing emojis that depict adult content, gore, or any visually shocking or disturbing imagery. We may automatically block certain inputs that violate this rule.
• Sharing Policy: Do not publicly repost or share the creations of others without obtaining their permission first.
• No Political Use: The use of AI Emojis for political campaigns or attempts to influence the outcome of an election is prohibited.
• Mindful Sharing: While sharing your creations outside the AI Emojis platform is permitted, always be mindful of the context and how others may perceive your content.
• Accountability: Breach of these guidelines can result in account suspension or a permanent ban from AI Emojis. Our decision-making process may not always be democratic; abide by the rules to maintain your access.

10. Limitation of Liability and Indemnity

AI Emojis is provided on an "as is" basis. We do not make any explicit or implicit promises or guarantees regarding the service.

You acknowledge and agree that AI Emojis shall not be responsible or liable for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages arising out of your use of the service.

You alone bear responsibility for your actions on AI Emojis. If you harm another user or get involved in any disputes, AI Emojis will not intervene or take sides.

Infringing on someone's intellectual property rights can lead to consequences. If such actions lead to any financial or legal liabilities for AI Emojis, you will be expected to bear the costs.

11. Miscellaneous

• Force Majeure: Neither party will be responsible for delays or failures in performance resulting from acts beyond their control, such as natural disasters, acts of God, war, or terrorism.
• Relationship: This Agreement doesn't create any partnership, joint venture, or agency relationship between you and AI Emojis.
• Severability: If any provision in this Agreement is deemed illegal or unenforceable, the rest of the Agreement remains valid.
• No Third-Party Beneficiaries: This Agreement is between you and AI Emojis and doesn't grant rights to any third party, unless explicitly stated.
• Survival: Any obligations or terms that by their nature should continue beyond the termination of this Agreement will do so.
• Copyright Restrictions: Attempting to generate content that would result in copyright infringement is strictly prohibited. Users are solely responsible for ensuring that the content they create using AI Emojis does not infringe upon any third-party rights.

12. Intellectual Property

All content and materials provided on AI Emojis, including but not limited to the logo, design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement, are either copyrighted and owned by 851 Inc., unauthorized use may violate copyright, trademark, and other laws.

You have permission to use the service and its content, but this does not mean you have rights to the underlying intellectual property. You may not reproduce, republish, distribute, assign, sublicense, sell, or modify any of the content. You may not use any of our trademarks, logos, domain names, and other distinctive brand features without our explicit consent.

13. Data Protection and Privacy

By using AI Emojis, you consent to the collection, storage, and processing of your personal data by us in accordance with our Privacy Policy. We prioritize your data's security and privacy and take necessary measures to protect it. However, the internet is not entirely secure, and we cannot guarantee the security of your data transmitted through our platform. Any transmission is at your own risk.

14. Termination

We reserve the right to terminate or suspend your access to AI Emojis, without prior notice, for conduct that we believe violates this Agreement or is harmful to other users of AI Emojis, us, or third parties, or for any other reason we deem necessary.

Upon termination, your right to use AI Emojis ceases immediately. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

15. Changes to This Agreement

We reserve the right, at our sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of AI Emojis following the posting of any changes to this Agreement constitutes acceptance of those changes.

16. Feedback and Suggestions

If you send us any feedback or suggestions regarding AI Emojis, you grant AI Emojis an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.

17. Contact

For any questions about these terms, please contact us at [email protected].