Terms of Service

Latest modification date: October 28, 2024.

These terms of service, our privacy policy, and any other terms outline the general terms and conditions under which you use our services through the application. Minor users should carefully read this agreement in the presence of their legal guardians and decide whether to agree to this agreement. Before using the application (“Application,” “we,” “us,” or “our”), please read these terms of service (“Agreement”) carefully. By accessing, downloading our application, or using our services in any way, all users (“you,” “your,” “user,” or “users”) explicitly agree to be bound by this Agreement and to comply with these terms of service as well as our privacy policy. If you do not wish to be bound by this Agreement and/or the privacy policy, you are not entitled to use any services or access our application. Please note that all other relevant agreements, activity rules, announcements, instructions, etc., related to this application that we have published or may publish in the future and that may be modified from time to time are an integral part of this Agreement and have equal legal effect with this Agreement.

1. Use our application

1.1 License for using the application. Subject to compliance with the terms and conditions of this agreement, we hereby grant you a non-exclusive, limited, non-transferable, freely revocable license for personal use only, allowing you to use this application within the scope permitted by the application's functionalities. We reserve all rights not expressly granted in this agreement. You acknowledge and agree that you do not hold any ownership or other rights in this application.

1.2 Use of the rules. You agree not to engage in any of the following prohibited activities: (i) in any way copying, distributing, disclosing any part of this application, nor licensing, sublicensing, selling, renting, transferring, copying, distributing, disclosing, or otherwise exploiting any part of this application in any medium; (ii) reverse engineering any part of the application, or doing anything that may disclose the source code or circumvent, bypass measures used to prevent or restrict access to certain areas, content, or code of the application; (iii) altering, overriding, deleting, or distorting any copyright, trademark, or other proprietary notices contained in our application or application content; (iv) uploading destructive invalid data, viruses, worms, spyware, malware, or other software agents through the application; (v) collecting any personal identification information, including but not limited to usernames, passwords, email addresses; scraping, caching, or otherwise accessing any content within the application through any automated system; (vi) attempting to or interfering with, disrupting, affecting, or inhibiting the normal operation of the application, or taking any action that imposes or may impose an unreasonable load or harm on the operation of our application; (vii) imposing any intimidating, harassing, stalking, or extortionate behavior on other users of this application; (viii) sending spam, chain letters, pyramid schemes, advertisements, junk mail, or other unsolicited and unauthorized messages; (ix) using this application for any products or services that compete with this application.。

1.3 You access this application and services through official channels, including visiting the official website of this application or downloading the client from authorized app markets. If you do not obtain this application or service through the aforementioned legitimate channels, we cannot guarantee that the version is an official version, nor can we ensure that the related version of the application will function properly. If you suffer losses due to the use of an unofficial version of the application, we shall not bear any compensation or reimbursement responsibility, except as otherwise explicitly provided by laws and regulations.

1.4 Abide by the law. You agree to comply with all applicable laws, regulations, and rules that apply to your use of the application and the provision of user content (as defined below), including federal, state, local, and provincial laws, with the legal provisions of your country being deemed incorporated by reference into these terms.

2. User content

2.1 Your content. We may now or in the future allow users to post, edit, distribute, upload, or transmit (collectively "provide") images, videos, captions, and other content or information (collectively "user content") through our application. You agree to take full responsibility for your user content and any claims arising therefrom, and we are not liable for any user content or claims arising therefrom. You acknowledge, represent, and warrant that your user content: (i) does not infringe, misappropriate, or violate any third-party rights, including but not limited to rights of privacy, publicity, copyright, trademark, and/or other intellectual property rights. You are the sole owner or an authorized licensee of the user content; (ii) does not contain anything that we deem to be illegal, abusive, harmful, defamatory, infringing on personal privacy or publicity rights, defamatory, harassing, insulting to others (publicly or otherwise), hostile, threatening, violent, or attempting to incite violence or hostility, as well as other objectionable content; (iii) is not an advertisement for goods or services and is not used for fundraising; (iv) does not expose children to inappropriate content, does not solicit identifiable personal information, or in any other way harm or exploit children.。

2.2 License Grant. By accessing and downloading this application, you hereby grant us a non-exclusive, royalty-free, sublicensable, transferable, worldwide license to allow us to use, copy, process, modify, adapt, publish, distribute, display, and distribute user content related to the application and our successors and affiliates, including but not limited to promoting and redistributing all or part of the application (and its derivative works) in any media format and through any media channels.

2.3 Storage. You understand and agree that we may retain but not display, distribute, or showcase server copies of user content that you have deleted. You understand and agree that any data and content stored on our servers may be deleted, modified, moved, or transferred at our discretion at any time for any reason, without prior notice and without any liability.

2.4 Content review. Although we are not obligated to do so, we reserve this right and have absolute discretion to view, filter, and delete user content at any time for any reason. Please note that our review, restoration, or deletion of content does not mean that we are responsible for that content under any legal obligation.

3. User behavior guidelines and precautions

3.1 Follow the CreativeML Open RAIL-M open source protocol

Some features in this app use AIGC technology (AI-generated content technology) that is based on the open-source Stable Diffusion V1.5 version and its derivative open-source technologies for secondary development and training. These technologies adhere to the CreativeML Open RAIL-M open-source protocol. You must understand that when you use the AI image generation feature of this app, you must also comply with this protocol. Please ensure that you carefully read the various precautions outlined in this open-source protocol to avoid violations. We have copied the original text of the open-source protocol, and the link to the protocol is as follows:

https://www.floatcamellia.com/creative_openrail_m_license.html

3.2 Content specifications

(1)The information content referred to in this agreement refers to any content you create, copy, publish, or disseminate during your use of this service, also known as the information content of this App product/platform.

(2)You understand and agree that this App has been committed to providing users with a civilized, healthy, and orderly online environment. You shall not use the services of this App platform to create, copy, publish, or disseminate content that disrupts the normal operating order of this App platform, violates laws and regulations, or infringes on the legitimate rights and interests of other users or third parties. You shall not use the services of this App for any illegal purposes.

(3)You understand and agree that your words and actions on this platform must comply with relevant laws and regulations as well as the policies of this App platform, and must not engage in any illegal or improper activities, including but not limited to:

- Against the fundamental principles established by the laws of the country/region in which you are located;

- Violating the laws, regulations, rules, ordinances, and any legally binding norms of the locality;

- Endangering national security, leaking national secrets, subverting state power, and undermining national unity; harming national honor and interests;

- Inciting ethnic hatred, ethnic discrimination, undermining national unity, promoting terrorism and extremism;

- Destroys the national religious policy, advocates cults and feudal superstitions;

- Spreading rumors, disturbing social order, and undermining social stability;

- Disseminating obscenity, pornography, gambling, violence, murder, terrorism, or inciting crime;

- Insulting or defaming others, infringing on the legitimate rights of others;

- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;

- Generating or disseminating verifiable false information and/or content with the intent to harm others;

- Generate or disseminate personal identification information that can be used to harm individuals;

- Fully automated decision-making that adversely affects an individual's legal rights or otherwise creates or modifies binding and enforceable obligations;

- Any use based on online or offline social behavior or known or predicted individual or personality traits that aims to or has the potential to discriminate against or harm individuals or groups;

- Based on the age, social, physiological, or psychological characteristics of specific groups of people, exploit any weaknesses to lead to or potentially lead to serious distortions of that group's behavior, causing physical or psychological harm to that group or others;

- Any use aimed at or having the effect of discriminating against individuals or groups based on legally protected characteristics or categories;

- Provide medical advice and explain medical results;

- Generate or disseminate information used for judicial, law enforcement, immigration, or asylum procedures, such as predicting that individuals will commit fraud/crimes (for example, through text analysis, mapping causal relationships between assertions in documents, indiscriminately and arbitrarily targeting).

(4) If you upload, create, transmit, or otherwise disseminate services provided by this App that infringe upon the legitimate rights and interests of third parties, resulting in any complaints, reports, inquiries, claims, lawsuits, or causing this product to suffer any loss of reputation, standing, or property, you must actively take all possible measures to ensure that this product is protected from the aforementioned claims and lawsuits. At the same time, you are fully liable for all direct and indirect economic losses incurred by this product as a result.

(5) You must not use new technologies and applications based on deep learning, virtual reality, etc., to produce, publish, or disseminate false information. When publishing or disseminating non-real information created using new technologies and applications based on deep learning, virtual reality, etc., you should clearly identify it in a prominent manner.

(6) In order to promote the healthy development of internet content, all your actions on this App platform must comply with the bottom lines of laws and regulations, national interests, citizens' legitimate rights and interests, social public order, moral standards, and the authenticity of information. You must take responsibility for all actions under your registered account, including any content you publish and any consequences arising from it. You should independently assess the content in this service and bear all risks arising from the use of the content, including risks arising from reliance on the legality, correctness, completeness, or practicality of the content. This product cannot and will not be liable for any losses or damages resulting from the aforementioned risks.

3.3 Use responsibility

(1) In order to provide a high-quality creation platform for a wide range of users and to ensure the healthy and sustainable development of this App, users involved in the creation of reactionary, pornographic, publishing pirated content, infringing on the legitimate rights and interests of others, and other undesirable content will be dealt with severely. Once such behavior is discovered, the user may be temporarily or permanently banned from using specific functions depending on the circumstances, and any resulting losses will be borne by the user who violated the rules.

(2) You understand and agree that this app has the right to impose penalties for actions that violate relevant laws and regulations or the provisions of this agreement based on reasonable judgment, to take appropriate legal action against any users who violate laws and regulations, and to report relevant information to the authorities in accordance with laws and regulations. Users shall bear all legal responsibilities arising therefrom independently.

(3) You understand and agree that, due to your violation of this agreement or the relevant terms of service, you shall bear sole responsibility for any claims, demands, or losses arising from or related to third-party claims; you shall also compensate for any losses suffered by this product as a result.

(4) You understand and agree that in order to provide you with effective services, this product/service will utilize resources such as the processor and bandwidth of your terminal device. During the use of this product/service, data traffic fees may be incurred, and you should independently consult your operator for relevant pricing information and bear the related costs.

(5) When using this product/service, you must bear the following risks that are beyond the control of this App, including but not limited to:

① Risks of personal information loss, leakage, and other issues that may arise due to irresistible factors;

② You must choose a product/service version that matches the installed terminal device; otherwise, any problems or damages caused by the mismatch between the product/service and the terminal device model will be borne by you;

③ When using this product/service to access third-party websites, the risks arising from third-party websites and related content will be borne by you;

④ Risks and responsibilities that may arise from the content you publish being forwarded, shared, and otherwise disseminated by others;

⑤ Risks arising from unstable wireless network signals, limited wireless network bandwidth, etc., such as login failures in this App, incomplete data synchronization, slow page loading speeds, etc.

⑥ You confirm and acknowledge that all content generated by the current experience service is produced by artificial intelligence models, and we make no guarantees regarding the accuracy, completeness, or functionality of the generated content, and the content generated does not represent our attitudes or views.

(6) Third-party products and services

When using products or services provided by third parties in conjunction with this product/service, please comply with the user agreements of the third parties. This product does not assume responsibility for any disputes that may arise between you and the products or services provided by third parties.

When users utilize this product/service or request specific services from this App, this product/service may call upon third-party systems or use third-party support for user usage or access; the results of such usage or access are provided by the third party (including but not limited to content accessed through the personal center by third parties). This product does not guarantee the safety, accuracy, effectiveness, or other uncertain risks of services and content provided through third parties. Any disputes or damages arising from this are unrelated to this product, and this product assumes no responsibility.

(7) In order to provide a technology-driven AI creation tool for a wide range of users, while ensuring the healthy and positive development of the Prettyup App and complying with the laws and regulations regarding AI-generated services in various countries/regions, we will review the instruction texts uploaded by users from different countries/regions and the generated image results. The review process involves an initial machine review using the Baidu content review API, followed by manual review when necessary based on the machine review results and user reports. For any violations involving reactionary content, pornography, or the generation of instructions and dissemination of pirated and harmful content, we will implement automatic interception and warnings. Repeated violations will result in severe penalties. The measures include: deducting usage times and issuing warnings, temporarily or permanently restricting usage, and revoking all account permissions. For any functional restrictions and losses caused by repeated violations after warnings have been ignored, you will bear the costs, and we will not compensate for the losses.

4. User feedback

You agree that any feedback, suggestions, ideas, or other information or materials regarding the application that you voluntarily provide via email or other means ("Feedback") are not confidential and will become our proprietary property. By submitting any Feedback, you agree that we have the right to use and distribute such Feedback without limitation for commercial or other purposes, and without any obligation to you for acknowledgment or compensation. You waive any rights you may have in the Feedback, including any copyrights or moral rights.

5. Agreement Change

We may occasionally decide to modify or update this agreement, so we recommend that you check this page regularly. After we make changes to the agreement, we will update the "Last Updated" date at the top of this page. If you continue to use this application after the changes, it means you accept the modifications. If you have any objections to the modifications, please stop using our application immediately.

6. Termination of Agreement

6.1 This agreement shall commence on the following dates: (i) the date you first access the application; (ii) the date you accept this agreement, and the agreement shall remain in full force while you use this application, unless this agreement is terminated early without violating the terms.

6.2 We may permanently or temporarily terminate your access to this application without any reason (such as your failure to comply with this agreement), without prior notice, and without any liability. If the agreement is terminated for certain reasons or without cause, you will still be bound by this agreement.

7. Third party

7.1 Third-party links. This application may contain links to third-party websites, advertisers, information, articles, photos, text, materials, products, or services that are not owned or controlled by us (“Third-party links”). We are not responsible for any content or information on any third-party links, nor do we make any warranties. You should review the privacy policies or statements and terms of all third-party links before submitting any information, as we cannot control what information you submit to these third-party links, or what they collect. If you access third-party links from the application, you do so at your own risk. You expressly release us from any liability in any disputes arising from your use of any third-party links. You agree that we are not liable for any loss or damage resulting from your transactions with such third parties.

7.2 Third-party services. When you connect our application to a third-party service, you agree to allow us to access and use the data and information stored in your third-party service. We accept no responsibility for any risks arising from your use of any third-party service. We have no obligation to screen, review, audit, nor do we approve, endorse, or promote any third-party service. You are solely responsible for your use of any third-party service.

7.3 Mobile software in the Apple App Store. If you install, access, or use this application on any device that includes the iOS mobile operating system ("App") developed by Apple Inc. ("Apple"), the following provisions apply: (i) you acknowledge and agree that this agreement is made solely between you and us, not between you and Apple, Inc. ("Apple"), and that Apple is not responsible for the software sourced from the App Store and its content; (ii) your use of the software sourced from the App Store is subject to the App Store terms and conditions; (iii) you acknowledge that Apple has no obligation to maintain or support the application; (iv) you agree to pay all fees associated with the application charged by the App Store, if any; (v) you agree to comply with any applicable third-party terms when using the application; (vi) you acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this agreement, and that after you accept this agreement, Apple has the right (and will be deemed to have accepted rights) to enforce this agreement against you as a third-party beneficiary.

7.4 User interaction. Although we are not obligated to do so, we reserve the right to investigate, review, screen disputes between you and other users, or mediate disputes. You acknowledge and agree that you may encounter user content provided by other users that is offensive, inaccurate, or objectionable, and you agree that we are not liable for any losses you incur due to third-party user content.

8. Compensation

For disputes arising from the following situations, you agree to defend, indemnify, and hold harmless us and our managers, directors, employees, parent companies, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their affiliates from any claims, liabilities, losses (including reasonable attorney's fees and expenses): (i) your use of our application; (ii) user content you provide; (iii) your actual or alleged breach of this agreement. You agree to fully cooperate with us in defending any claims for which you are responsible under this agreement.

9. Limitation of Liability

Under no circumstances shall we or our directors, employees, parent companies, partners, heirs, agents, brokers, partners, affiliates, subsidiaries, or their related companies be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from our services or this agreement. If you are dissatisfied with our services, your sole remedy is to cease using our services. Such limitations also apply to any damages resulting from goods, information, or advice obtained through in-app links or advertisements. They also apply to any damages caused by third parties using our application or content published through the application.

Under no circumstances shall we, our directors, employees, parent companies, partners, successors, agents, distribution partners, affiliates, subsidiaries, or their related companies be liable to you for any claims, suits, damages, liabilities, losses, or costs exceeding $10.

Certain laws in some countries or regions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These limitations shall apply to the maximum extent permitted by law.

10. Paid service

10.1 Some features of this application may require payment. If you choose to use these paid features, you agree to our "Membership Agreement" and also agree to the prices and subscription plans listed in the application, which we may update from time to time. We may, at our discretion, add new features in the application that may incur additional charges and may modify the prices of existing features. Due to differences in research and development environments, platform policies, market promotion strategies, and other factors among different platforms, the pricing of paid services and promotional discounts are not completely consistent; please refer to the price presented in the App at the time of your purchase.

10.2 If you purchase a subscription plan, the subscription will automatically renew at the end of each subscription period until the user chooses to cancel. Payment will be deducted from the iTunes account upon confirmation of purchase. The subscription will automatically renew unless automatic renewal is turned off at least 24 hours before the end of the current period. The account will be charged for renewal within 24 hours prior to the end of the current period and will be notified of the renewal price. Users can manage their subscriptions and turn off automatic renewal in the account settings of the App Store. To turn off automatic renewal: open [Settings] on your iPhone, go to [iTunes Store and App Store], tap [Apple ID], select [View Apple ID] to enter the [Account Settings] page, tap [Subscriptions], and select this App section to cancel the subscription. The current subscription cannot be canceled during the active subscription period; cancellation only applies to the next subscription period. After cancellation, there will be no further renewals, but the current subscription period can be used normally. After purchasing a subscription, any unused days of the free trial period will no longer be valid.

10.3 If an account with a VIP membership is logged in on multiple devices, it may lead to membership invalidation, personal privacy leakage, and security vulnerability risks. To protect information security, if you want to reactivate your VIP membership status, please try using another Apple account to restore your purchase or repurchase.

10.4 VIP membership belongs to virtual digital goods and adopts a "pay first, service later" model. The membership fee is the price corresponding to the membership service you purchased, rather than a prepayment, deposit, down payment, or savings card. Therefore, once the membership is successfully purchased, it indicates that you have used the product, and under normal circumstances, we do not provide refunds. Additionally, since payments made through the iOS system go directly into Apple's account, if you have special reasons for requesting a refund, please submit a refund request and review through reportaproblem.apple.com, as we do not have the authority or method for refund reviews.

10.5 According to the rules of different platforms, the memberships of accounts on different platforms are not interchangeable, meaning that Apple accounts and Android accounts cannot share memberships.

11. AI Function Usage Guidelines

11.1 In order to provide you with more creative options and convenience, help you improve your creative efficiency, and meet your diverse needs for intelligent and convenient working methods, we adhere to our own research and development and technological advantages, continuously offering you various product features and services based on generative or deep synthesis artificial intelligence technology (collectively referred to as "AI features"). The working principle of AI features is to perform automated analysis on the images and videos you provide and generate enhanced images, videos, and other content. The AI features of this application include, but are not limited to, magic painting, intelligent shaping, intelligent upscaling, etc. When you use such features, and with your authorization obtained through a separate popup from the product, you need to upload the images and videos you have captured to the backend server for cloud processing before they are returned to you; the generated images or videos will be sent back to your device terminal. The upload and processing of this information is necessary to provide this feature. We will take strict encryption measures during the transmission and storage of your information, as required by law, to ensure the security of your information, and the use of that information is limited to providing you with this feature service. After the service is completed, the system will automatically delete the above information and will not retain it. For other features, this application will not upload your images to the backend server. This process involves uploading, editing, and producing your images, and when you use this feature, you need to authorize the company to use it. This application may undergo revisions or iterations in the future; this clause does not imply that the company is obligated to provide relevant features or services, nor does it change your ownership of user content and its intellectual property rights, nor does it affect your lawful use of user content.

11.2 Generative and deep synthetic artificial intelligence can bring current and potential benefits to society; however, due to technological limitations or ethical issues, we are also very concerned about the possibility of models being misused. If you choose to continue using AI features, you should be fully aware of and agree to the following:

（1）Given the current limitations of science and technology as well as the nature of artificial intelligence, we cannot guarantee the authenticity, accuracy, or reliability of the output content. The output is based solely on the limited data used during our training and is provided for general information and reference purposes only, and does not constitute information or advice upon which you should rely. Please carefully consider whether to use it as the basis for any actions you may take or refrain from taking. You should assess the authenticity and accuracy of the output content according to your needs. Before taking any action based on the output content, you should seriously consider consulting a professional for advice. In particular, if it involves matters that may have a significant impact on you or relevant parties, it is advisable to consult relevant professionals. This application makes no guarantees regarding the output content, and you should exercise your own judgment regarding the output content and assume all risks and legal responsibilities arising from its use. Please be sure to carefully judge and verify the accuracy of the output content.

（2）We attach great importance to the content safety issues of the model and will strive to take reasonable safety measures to filter out inappropriate/harmful content produced by the model, making every effort to ensure that its output aligns with expectations. However, we cannot completely rule out the possibility of errors occurring. If you encounter such a situation, please provide us with feedback in a timely manner, and we will continuously optimize the model based on your feedback.

（3）You should scientifically and rationally understand and legally use generative and deep synthesis artificial intelligence technologies, and must not violate this agreement and platform rules. You should understand and strictly comply with the legal requirements of the relevant laws and regulations in your country/region, and bear the legal responsibilities that may arise from your own illegal actions. Any judgments you make based on the output content or any subsequent related operational actions taken based on that are your own responsibility, including but not limited to the risks arising from your judgments regarding the authenticity, accuracy, reliability, and non-infringement of the output content.

（4）The AI features of this application are provided as is, based on existing technologies and conditions. Although we have made every effort to ensure the coherence and security of the functionality, we cannot guarantee that the services provided are flawless, nor can we foresee and prevent legal, technical, and other risks at this stage due to the limitations of current science and technology. Therefore, under no circumstances shall we be liable for any direct, indirect, consequential, punitive, incidental, special, or exemplary damages, including but not limited to losses suffered as a result of your use of the AI features. Except as expressly provided by laws and regulations, our total liability to you shall not exceed the fees paid by you to us during your use of the AI features (if any).

（5）The content output by the model does not represent our attitudes, views, or positions. Due to technical limitations, it cannot be excluded that there may be content in the output that may make you feel uncomfortable, inappropriate, or displeasing; if you have any questions or need assistance, we welcome and thank you for contacting us at any time based on the contact information provided. Thank you for your understanding and support of this application!

12. Disclaimer

You agree to assume all risks associated with the use of this application. To the fullest extent permitted by law, we, our directors, employees, and agents make no warranties of any kind, express or implied, regarding the services and their use. We shall not be liable or responsible for: (I) any errors, omissions, or inaccuracies in any content; (II) any personal injury or property damage of any kind arising from your use of this application; (III) any unauthorized access to or use of our servers, and/or any personal information and/or financial information stored therein; (IV) any interruptions or stoppages in transmission of the services; (V) any bugs, viruses, or the like that may be transmitted through the application by any third party; (V) any form of loss or damage arising from the use of this application or any content provided through this application. We make no warranties and assume no liability for any products or services provided by third parties through any banner ads or other advertisements within this application. We also have no obligation to oversee any transactions between you and third-party product or service providers or to be responsible for them.

13. General Terms

13.1 Contact. If you have any questions about this agreement, please contact us by email.

13.2 Complete Agreement/Severability. This agreement, along with any revisions you may enter into with this application regarding the services and any additional agreements, will constitute the complete agreement between you and this application regarding the services. If any provision of this agreement is deemed invalid by a court of competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect.

13.3 No waiver. The failure of this application to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.

13.4 Transfer. You may not transfer or assign this agreement or any rights and licenses granted under this agreement, but this application may be transferred or assigned without restriction. Any transfer or assignment attempt in violation of this agreement shall be void.