Terms of Use

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.

These Terms of Use (these "Terms") apply to all Users and others ("you", "User", as applicable) who access or use ("Use", "Using") our web or mobile application RealFake ("Profaile", "RealFake", "RealFakePhotos" or "application"), and website.

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.

If you have any questions about these Terms or RealFake, please contact us via an email info@profaile.com.

RealFake is an AI-based software application that allows users to edit and transform their photos. Using the application, users can upload their photos, and generate personalized images. It is important to note that any processing of the photos submitted through RealFake is subject to our Privacy Policy.
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.

To utilize the service of RealFake (generate Avatars and any other feature and funcitonality we might or might not add in future), you must have attained the age of majority as required by applicable laws. In the event that you become aware of anyone below the age of majority using the feature, kindly notify us immediately by contacting us at info@profaile.com.

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 (

), which is subject to the terms and conditions of this agreement. By creating an Account, you agree to provide accurate, current, and complete information, and to maintain and promptly update such information as necessary. You are responsible for maintaining the confidentiality, security and control of your Account login information, and for all activities that occur in your Account. You agree to be responsible for any unauthorized use of your Account or any other breach of security. You must notify us immediately if you discover or otherwise suspect any security breaches related to your Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.

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.

Kindly refer to our Privacy Policy for comprehensive details on how we gather, handle, and transmit your personal information when you utilize RealFake. The transfer and storage of your data during your use of RealFake is subject to the guidelines outlined in our Privacy Policy. It is your responsibility to acknowledge and comply with our Privacy Policy while using RealFake.

RealFake provides you with the functionality to upload, create, store, and share User Content

), which includes photos and AI-generated content created by Using the application. We claim ownership over the AI-generated content created by Using RealFake, which is transferred to you upon purchase.

In order to ensure the seamless functionality of RealFake, we require a permit (called a

) to use your User Content uploaded to, downloaded from, and stored within the application. The Company License is limited to our usage of your User Content for the purposes of operating or improving RealFake and sharing with third parties involved in the operation or improvement of RealFake. We do not sell your User Content to any third parties.

For the purposes of operating or improving RealFake, you grant us a time-limited, revocable, non-exclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable license to use, reproduce, modify, distribute, and create derivative works of your User Content. This is subject to your explicit consent for such use where required by applicable law and as stated in our Privacy Policy. The Company License is limited to the purposes of operating RealFake and improving our existing and new products, including but not limited to training RealFake’s AI within and solely for your Use of creating Avatars feature of the application or if otherwise implied by the Using of RealFake and its services. The Company License automatically terminates when you delete the User Content from RealFake’s library or by terminating your account with deletion of data associated with it. Additionally, the Company License in relation to User Content you upload to RealFake to generate Avatars automatically terminates when your AI-generated content is ready.

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.

RealFake generates revenue through advertising and promotions, and we may display such materials on the application in conjunction with your uploaded content. The manner and extent of these advertisements and promotions may change at any time without notice. If RealFake experiences any loss of user content due to reasons outside of our control, such as a security breach, we will inform you of the situation in accordance with our privacy policy. By using RealFake, you acknowledge and agree to these terms and conditions.

RealFake gives you the ability to use AI as a tool to create Avatars, the same way as you would use any other image creation tools or applications.

We hold all of the rights to the Avatars you generate through our AI. By buying them, you purchase the right of ownership.

With the right of ownership, you are the one to decide how to use the generated Avatars further. Please, therefore, read this Section 6 restrictions carefully.

Your responsibility includes making sure that your use of the Avatars you have created does not violate any laws, including those related to privacy and intellectual property. Additionally, your use of the Avatars should not be obscene, pornographic, harmful, or contribute to the spread of harmful misinformation.

If you're uncertain whether your intended use of the generated Avatars is legal, we recommend that you exercise caution, especially if you plan to use them for commercial purposes. Please note that we prohibit their use for sale or benefit of any third party, or in any manner that violates these Terms.

By using RealFake, you agree not to breach any relevant contract, intellectual property laws, other laws or third-party rights (including the rights of the Company), or commit any tort. You are solely responsible for your actions while using 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:

Engaging in harmful, fraudulent, deceptive, harassing, threatening, intimidating, predatory, defamatory, obscene, stalking, or otherwise objectionable conduct.

Using RealFake for sale or the benefit of any third party or in any way not permitted by these Terms.

Interfering with, disrupting, negatively affecting, or inhibiting other Users from fully enjoying RealFake, or damaging, disabling, overburdening, or impairing the functioning of RealFake.

Deciphering, decompiling, disassembling, or reverse-engineering any aspect of RealFake, such as the source code or non-literal aspects, or doing anything that might discover the source code, bypass or circumvent measures employed to prevent or limit your access to any part of RealFake.

Circumventing any content-filtering techniques used by RealFake or accessing any feature or area of RealFake that you are not authorized to access.

Developing or using any third-party applications that interact with RealFake without our prior written consent, including any scripts designed to scrape or extract data from RealFake.

Displaying, mirroring, or framing RealFake, or any individual element within RealFake, the Company's name, any Company trademark, logo, or other proprietary information without our express written consent.

Using any meta tags or other hidden text or metadata utilizing the Company's trademark, logo URL, product or services name without our express written consent.

Gaining unauthorized access to, interfering with, damaging, or disrupting any server, computer, or database connected to RealFake.

Copying, modifying, hosting, streaming, sublicensing, or reselling RealFake.

Using RealFake for any illegal or unauthorized purpose, or engaging in, encouraging, or promoting any activity that violates these Terms.

Placing an advertisement of any products or services in RealFake except with our prior written approval.

Violating any applicable law or regulation.

Encouraging, assisting, or enabling any other party to engage in any of the foregoing activities.

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:

Is illegal, defamatory, obscene, pornographic, indecent, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent.

Would encourage or provide instructions for a criminal offense, infringe on the rights of any person, or violate any local, state, national, or international law.

Sexualizes other people, including minors, or is meant to facilitate inappropriate interactions with minors, other users, or the public.

Could infringe on any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any person.

Contains any private or personal information of any person without their consent.

Contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content.

In our sole discretion, is objectionable, or that limits or inhibits any other person from using or enjoying RealFake, or that may expose us or others to any harm or liability of any kind.

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:

In any way that violates any applicable national, federal, state, local or international law or regulation;

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

To generate or disseminate verifiably false information and/or content with the purpose of harming others;

To generate or disseminate personal identifiable information that can be used to harm an individual;

To defame, disparage or otherwise harass others;

For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;

For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;

To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;

For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;

To provide medical advice and medical results interpretation;

To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g., by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).

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

) and the intellectual property rights associated with the preceding items, are either owned or licensed by us and are protected under both European and foreign laws. Except as explicitly stated in these Terms, we and our licensors reserve all rights, title and interests (including without limitation all intellectual rights) in and to RealFake and the RealFake Content. Your use of the RealFake Content is subject to these Terms and any additional terms and conditions communicated to you from time to time, such as terms and conditions from our licensors (referred to as). These Supplemental Terms are hereby incorporated into these Terms by reference. If there is any conflict or inconsistency between these Terms and Supplemental Terms, the latter shall govern. You are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use RealFake and the RealFake Content for your personal use ("User License"); however, such User License is subject to these Terms and (if applicable) the Supplemental Terms and does not include any right to: (i) sell, resell, or commercially use RealFake or the RealFake Content; (ii) copy, reproduce, distribute, publicly perform or publicly display the RealFake Content, except as expressly permitted by us or our licensors; (iii) modify the RealFake Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of RealFake or the RealFake Content, except as expressly set forth in these Terms and the Supplemental Terms; (iv) use any data mining, robots, or similar data gathering or extraction methods; or (v) use RealFake or the RealFake Content other than as expressly provided in these Terms and the Supplemental Terms. Any use of RealFake or the RealFake Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms and (if applicable) the Supplemental Terms. You shall not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the RealFake Content.

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 only use the Purchased Content if you are over 18 years old (or of age of legal majority where you live, if different), and only on a limited, personal, non-transferable, non-sublicensable and revocable basis.

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.

We appreciate and encourage any Feedback that you may have regarding RealFake, including but not limited to your comments, questions, suggestions, ideas, original or creative materials, or any other information that you may submit to us (collectively, the “Feedback”). You may submit Feedback through various means, such as by using the chat bot provided by the third-party serviceCrisp , or by contacting us directly at info@profaile.com, or via reviews in Apple App Store or Google Play. By submitting Feedback through the chat bot, you agree to abide by the terms of use of the Crisp service. Please be advised that any Feedback you submit shall be considered non-confidential and shall immediately become the sole and exclusive property of RealFake upon submission. We shall have full and exclusive rights, including but not limited to all intellectual property rights, in and to your Feedback, and may use and disseminate your Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You also have the right to amend or supplement your Feedback, which we shall take into account to provide accurate information to other users about RealFake's user experience. In the event that we decide to make your Feedback public, we shall not use any of your personal data unless you explicitly consent to it.

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 info@profaile.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.

By using RealFake, you agree to receive electronic communications from us, which may include emails, push notifications, and posted notices on RealFake. These communications may be conducted electronically, whether you use RealFake or email us, and whether we post notices on RealFake or contact you via email. They may contain information about RealFake and Purchased Content and are an integral part of your relationship with us. By agreeing to these Terms, you consent to receive electronic communications from us and acknowledge that all agreements, notices, disclosures, and other communications we provide to you electronically meet all legal requirements as if they were in writing. This does not affect your statutory rights. The communications we send may include operational communications related to your Account or the Use of RealFake, such as technical and security notices, updates to the Privacy Policy and Terms, as well as updates regarding new and existing features, such as changes or updates to RealFake's features and scope, and in-app or website subscription/purchase prices.

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 info@profaile.com. 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 info@profaile.com

These Terms constitute the entire agreement between you and us regarding the use of RealFake, and they replace any prior oral or written agreements between you and the Company on the same subject.

These Terms are written in English only.

By agreeing to these Terms, you waive any law that requires their localization to your language or the retention of non-electronic records.

Our failure to enforce any provision of these Terms does not waive our right to do so in the future, and any waiver must be in writing and signed by a duly authorized representative of the Company.

Each party's exercise of its remedies under these Terms is without prejudice to its other remedies under these Terms or otherwise.

If any provision of these Terms is held invalid, it will still be enforced to the maximum extent permissible, and the other provisions will remain in full force and effect. The section titles in these Terms are for convenience only and have no legal effect.

These Terms are intended solely for the benefit of you and the Company and do not confer any third-party beneficiary rights.

You may not assign or transfer your rights under these Terms without our prior written consent, but we can do so freely. These Terms bind and benefit the parties, their successors, and permitted assigns.