Effective Date: 01.02.2023
Greetings and welcome to Real Fake Inc. ("Company", "we", "us" or "our"), a mobile technology company focused on developing products related to deep learning.
Using RealFake implies your acceptance of these Terms. If you do not agree to these Terms, which include the mandatory arbitration provision and class action waiver stated in Section 15 (Dispute Resolution; Binding Arbitration), refrain from using RealFake. Your ongoing use of RealFake serves as confirmation of your acceptance of these Terms.
These Terms represent a binding agreement between you and us. By using RealFake, you accept and agree to these Terms either on your behalf or on behalf of the entity you represent. If you use RealFake for someone else or an organization, you acknowledge that you have the necessary authorization to accept these Terms on their behalf. Furthermore, you confirm that such a person or entity will assume responsibility towards us if you or they violate these Terms while using RealFake.
NOTE: RealFake provides users with the ability to generate personalized avatar images (“Avatars”) using its Neural Network Model Stable Diffusion. To ensure that users understand how the technology works, we refer to their API description that provides detailed explanations.
Please be aware that we may make changes, expansions, and improvements to the application without prior notice to you. We also reserve the right to cease operating part or all of the application or selectively disable certain features of the application at any time. Your use of RealFake does not guarantee continued provision or availability of the application. We retain sole discretion in modifying or eliminating RealFake or any particular features of the application.
By accepting these Terms, you represent and warrant that you possess the legal capacity to enter into this agreement, and that your acceptance will not violate any other agreement to which you are a party. You further represent and warrant that you have not been previously suspended or removed from Using RealFake, and that you will comply with all applicable laws while using the application. RealFake is not available to any Users who have previously been prohibited from Using it. All information provided to us must be accurate and truthful.
In order to access certain features or functionalities of RealFake, it may be necessary to create an account with us (
If you choose to register using a Third-Party Account, you authorize RealFake to access your Third-Party Account information as permitted under the applicable terms and conditions governing such account. You acknowledge that your relationship with the Third-Party Service Providers associated with your Third-Party Accounts is governed solely by your agreement with such Third-Party Service Providers.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We reserve the right to refuse registration of, or cancel, accounts we deem inappropriate or unacceptable, or otherwise in violation of this agreement, and we may delete your Account and any related content at any time and for any reason, without notice. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
RealFake provides you with the functionality to upload, create, store, and share User Content
In order to ensure the seamless functionality of RealFake, we require a permit (called a
You acknowledge and agree that our use of your User Content will not result in any injury to you or to any person you authorized to act on your behalf.
By uploading content to RealFake, you represent and warrant that you have the necessary ownership or license rights for such content, and you agree to pay any fees or royalties owed for such content. If your uploaded content depicts other individuals, you must have obtained their consent before uploading it to RealFake. Additionally, you must have the legal capacity to enter into these terms in your jurisdiction.
You are not permitted to upload content that violates these terms or to which you do not have the necessary rights. Any unauthorized use of third-party content that you commit, whether intentional or not, will result in your indemnification of RealFake.
The following is a list of prohibited activities that you agree not to engage in while using RealFake, whether by uploading User Content or otherwise:
You are allowed to share User Content, but only if it is not confidential and you have the necessary rights to do so. However, you are prohibited from uploading, editing, creating, storing, or sharing any User Content that:
As RealFake uses Stable Diffusion AI technology for creating Avatars, you must agree not to use the RealFake feature with Stable Diffusion AI technology or the Stable Diffusion AI technology (Copyright (c) 2022 Robin Rombach and Patrick Esser and contributors) in the following ways, as they are explicitly prohibited under the Stable Diffusion AI technology license:
You, furthermore, agree to abide by the Stable Diffusion AI technology license, incorporated herein by reference, including its Attachment A.
We reserve the right to monitor your use of RealFake to ensure that you are complying with these Terms and applicable laws. If we suspect that you are violating these Terms or engaging in conduct that affects RealFake, we may investigate the matter. We may also cooperate with law enforcement authorities to prosecute Users who violate the law.
In our sole discretion, we may suspend or discontinue RealFake at any time, introduce new features, impose limitations on certain features, or restrict access to RealFake.
Everything you read in this section from here on is not about User Content.
RealFake, inclusive of its text, graphics, images, photographs, videos, audio, music (including, but not limited to, the Music Content as defined below), illustrations, trademarks, trade names, page headers, button and application icons, scripts, service marks, logos, slogans, filters, tools, and other content, excluding your User Content, (collectively referred to as
Some functionalities and features of the application are free of charge if you refer a friend. We also offer one time payments and subscription plans that provide access to enhanced services and additional features for a fee (
You may purchase the Purchased Content through a third party, such as Apple App Store or Google Play. If you purchase the Purchased Content from a third party, separate terms and conditions with such third party in addition to these terms may apply to your access to RealFake.
Your payment to the third party through which you purchased the Purchased Content will automatically renew and continue until terminated. You must cancel your subscription before it renews to avoid paying the subscription fees for the next billing period. We reserve the right to modify, terminate, or otherwise amend the subscription plans we offer from time to time.
Please contact the third party (Apple App Store or Google Play support) regarding any refunds or to manage your Purchased Content.
We are unable to view, access, or modify any financial transactions from Apple (as defined below) or Google LLC in-app subscriptions for security and privacy reasons. Instead, we would ask that you reach out to the appropriate support team of Apple or Google LLC in relation to your subscription to request any refunds.
You can cancel your Purchased Content by signing in to your account and following the instructions for canceling your subscription.
If made via a Google in-app subscription or purchase learn more about refunds from Google Play here.
You can request a refund for an Apple in-app subscription or purchase by following the guidance here.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE PURCHASED CONTENT FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR THE UNUSED PURCHASED CONTENT, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY.
To the maximum extent permissible under applicable law, you agree to indemnify, defend and hold harmless us, and each of our officers, directors, agents, partners, and employees (collectively, "Company Parties") from and against any and all losses, liabilities, claims, demands, damages, expenses, or costs, including reasonable attorneys' fees ("Claims") arising out of or related to: (i) your use of RealFake; (ii) your User Content or Feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another person (including intellectual property or privacy rights); and (v) your conduct in connection with RealFake. You agree to immediately notify the Company Parties of any third-party Claims, to cooperate with the Company Parties in defending such Claims, and to pay all costs and expenses associated with the defense of such Claims, including, but not limited to, attorneys' fees. You further agree that the Company Parties shall have control over the defense or settlement of any third-party Claims. This indemnification provision is in addition to, and not in lieu of, any other indemnification obligations set forth in a written agreement between you and us or any other Company Party.
We shall not be held responsible for any third-party content, including User Content and its loss, available on or linked to RealFake. You acknowledge and agree that you are solely responsible for your use of any third-party websites or resources.
Your use of RealFake is entirely at your own risk. RealFake is provided "as is" and "as available," without any express or implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Furthermore, we do not guarantee that RealFake is accurate, complete, reliable, current, error-free, or free of viruses or harmful components. You assume full responsibility and risk for the quality and performance of RealFake in your use.
The Avatars generation in RealFake employs external technology Stable Diffusion AI, which we do not fully control, and as such, any results generated by the Avatars feature do not represent our official policy or position on any religion, ethnic group, club, organization, company, individual, or anything else. We make reasonable efforts to moderate the Avatars feature by configuring the AI settings, but we cannot moderate the User Content. By accepting these Terms or purchasing a subscription or product of RealFake, you acknowledge and agree to this disclaimer and waive any claims against us related to the generated Avatars. If you find the Avatar offensive or otherwise objectionable, please inform us at email@example.com.
The Company and other Company Parties shall not be held liable to you under any theory of liability, including but not limited to contract, tort, negligence, strict liability, warranty, or otherwise, for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if you have been advised of the possibility of such damages.
The total liability of the Company and other Company Parties, for any claim arising out of or related to these Terms or RealFake, regardless of the form of the action, shall be limited to the amount paid, if any, by you to use RealFake. In no event shall the Company's total liability arising out of or in connection with these Terms or from the use of or inability to use RealFake exceed the amounts you have paid to use RealFake, or ten (10) Euros, if you have not had any payment obligations to the Company, as applicable. It is understood and agreed that the exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.
Notwithstanding the foregoing, the limitations set forth in this Section shall not limit or exclude liability for fraud or intentional misconduct of the Company or other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Furthermore, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
The Company reserves the right to modify these Terms at any time. We will post any changes to these Terms and update the "Effective date" above. In the event that we make substantial changes to these Terms that affect your rights, we will notify you via in-app consent, email, or any other communication method we determine to be appropriate. If you do not agree to the amended Terms, you must cease using RealFake. Your continued use of RealFake after we provide notice of such changes will indicate your acceptance of the modified Terms.
You may opt-out of receiving promotional emails from us at any time by following the opt-out links in any promotional email we send you, or by contacting us at firstname.lastname@example.org. To stop receiving push notifications, you can adjust the settings on your mobile device.
You may opt-out of push notifications by changing the settings on your mobile device.
In our sole discretion, we reserve the right to terminate your right to use RealFake without notice. We shall not be held liable for any losses or harm suffered as a result of your inability to use RealFake. In the event of RealFake's termination, discontinuation, or cancellation, all provisions of these Terms which, by their nature, should endure will continue to survive, including but not limited to provisions regarding ownership, warranty disclaimers, limitations of liability, and dispute resolution provisions.
If you have any questions, complaints or claims with respect to these Terms or RealFake, please contact us via email at email@example.com