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Terms of Use for Lookki

 

Please read carefully: These Terms of Service (these “Terms”) constitute a legally binding agreement between you (“you” or “your”) and Lookki, with contact at contact@appentain.com (collectively with its successors in interest and permitted assigns, “Lookki,” “we,” “us” or “our”). These Terms govern your access and use of our iOS application (the “App”), and our related content, products, and services (collectively, and together with the App, the “Service”). THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, DISCLAIMERS OF WARRANTIES, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THESE TERMS ALSO CONTAIN PROVISIONS REGARDING THE AUTOMATIC RENEWING OF YOUR SUBSCRIPTION. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE READ THEM CAREFULLY. THESE TERMS CONTAIN A BINDING, INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS-ACTION WAIVER, WHICH MEANS YOU AND LOOKKI AGREE TO RESOLVE MOST DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND NOT BY MEANS OF A CLASS ARBITRATION, A CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR A JURY TRIAL. (SEE SECTION 19 (DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION).) YOU MAY OPT OUT OF THE ARBITRATION REQUIREMENT WITHIN 30 DAYS OF ACCEPTING THESE TERMS; INSTRUCTIONS FOR OPTING OUT ARE IN SECTION 19 (DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION) BELOW. By downloading, installing, or using the Service in any manner, you agree to these Terms and you agree to comply with and be bound by any applicable specific, supplemental, or third-party licenses or terms when using the Service. IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS IN THESE TERMS, DO NOT ACCESS AND IMMEDIATELY STOP USING THE SERVICE, CANCEL ANY ACCOUNT, AND IMMEDIATELY UNINSTALL AND DELETE ANY COPIES OF ANY APPS OR SOFTWARE INCLUDED IN THE SERVICE IN YOUR POSSESSION. 1. Changes to the Terms and the Service We may update these Terms from time to time, in our sole discretion (for example, when we remove or release new features, technologies, or services, to comply with legal, regulatory, or contractual requirements, or in response to exceptional or unforeseen circumstances). In such cases, we will take reasonable measures to inform you, in accordance with the significance of the changes performed, for example, by revising the date at the top of the updated Terms, via email, or as a pop-up or push notification within the Service. It is your responsibility to review the Terms regularly and to check the Service for updates to these Terms regularly. Unless otherwise noted, the updated Terms will be effective as of the time at which we post the updated Terms in the Service. By continuing to access or use our Service after updates become effective, you agree to be bound by the updated Terms. If you do not agree to the updated Terms, you must immediately stop using our Service, uninstall and delete any copies of any Apps or any software included in the Service in your possession, and cancel your subscription and any account. We may also update, change, suspend, or discontinue the Service (or any part, content, or feature) at any time, without notice and without liability to you or anyone else (for example, to offer or test new or different features, technologies, or services, to repair, improve, or further develop the Service, to comply with legal, regulatory, or contractual requirements, or in response to exceptional or unforeseen circumstances). Some services and features may not be available in all countries, in all languages, or in all operating systems. 2. Privacy Please refer to the applicable privacy policy for information on how we process your personal data, treat your information, and protect your privacy when you use the Service. 3. Eligibility OUR SERVICE IS NOT AVAILABLE TO INDIVIDUALS UNDER THE AGE OF 16. If you are over the age of 16 but under the legal age of majority in your state of residence, your parent or guardian must review and agree to be bound by these Terms on your behalf and must supervise your use of the Service. YOU MAY NOT ACCESS OR USE THE SITES OR ORDER, ACCESS OR USE THE SERVICE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US OR YOUR PARENT OR LEGAL GUARDIAN HAS NOT AGREED TO THESE TERMS AND YOUR USE OF OR ACCESS TO THE SERVICE, OR (C) ARE PROHIBITED BY APPLICABLE LAW FROM ACCESSING OR USING THE SERVICE. 4. End User License Subject to your compliance with these Terms and your payment of the applicable subscription fees, we hereby grant you, for your personal and non-commercial purposes, a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to use the Service and to download and install a copy of the applicable App provided to you by us or on our behalf on a permitted device that you own or control. Except as expressly permitted by these Terms and the terms applicable to the mobile application store where we make the applicable App available (each, an “App Marketplace”), you cannot: (a) rent, lease, lend, sell, distribute, sublicense, or otherwise transfer or make available the Service; or (b) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, alter, mimic, adapt, translate, or create derivative works of the Service, any updates, content, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Service). 5. Purchases, Subscriptions, Promotional Codes, and Auto Renewals We may offer free trials at our sole discretion. Upon installation or expiration of a free trial offer (if applicable), or a redeemed Virtual Item or Promotional Code, you will be charged the applicable subscription fees (if any) for your use of the Service. Upon expiration of the initial term of your subscription, whether such subscription is weekly, monthly, quarterly, yearly, or otherwise, your subscription will automatically renew at the then-current subscription fee for recurring subscription periods of the same duration unless and until you affirmatively cancel your subscription. If you have purchased your subscription through an App, you can cancel your subscription or automatic renewals any time in your account settings with the App Marketplace according to the policies of each App Marketplace. If you have purchased your subscription through the Site, you can manage and cancel your subscription and any automatic renewals at any time following the instructions in your subscription purchase or renewal confirmation emails, or by following the instructions in the applicable support page of the Service. Uninstalling an App will not result in the cancellation of your subscription. If you have begun a subscription period and you then decide to cancel your subscription during such period, you will not receive a refund for the fees you already paid for such subscription period, and you will continue to be able to use the Service for which you subscribed until the end of such subscription period. We may change the applicable subscription fees at any time at our sole discretion. Changes to the subscription fees will not apply retroactively. The Service may enable you to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use virtual items or in-app consumables (collectively, the “Virtual Items”), which could include virtual cards, tokens, or other units that can be redeemed for additional features, enhancements, functionalities, content, or services within the Service. You are only allowed to purchase Virtual Items through the Service and you may only redeem or use Virtual Items through the Service in which the Virtual Items are purchased. We may manage, regulate, change, or remove Virtual Items at any time at our sole discretion. All consumable in-app purchases made through the Service and all Virtual Items (and all redemptions of Virtual Items) are final and non-refundable. You acknowledge that you will not receive any refund or compensation for unused Virtual Items when your access to the Service or your account (if any) is suspended or terminated for any reason. We may provide you with gift cards or promotional codes that can be redeemed for additional features, enhancements, functionalities, content, services, or Virtual Items within a specified Service and for a limited period of time, subject to eligibility requirements (the “Promotional Codes”). Promotional Codes have no cash value, are personal, non-transferable, non-sublicensable, and we are under no obligation to provide any compensation in connection with a Promotional Code. The Service may require that you create or log in to your account to use Promotional Codes. The validity of these Terms and the validity of any purchase associated with the Service will be considered independently from each other, meaning that the termination of such associated purchase will not affect the validity of these Terms, and the termination of these Terms may not affect the validity of such associated purchase. 6. Prohibited Uses You agree that you will not, and will not permit any person accessing the Service using your account or device to do any of the following: Use the Service in any manner not permitted by these Terms; Use the Service for any purposes prohibited by applicable laws or regulations, or in any manner that violates or infringes upon the rights of others; Import, submit, upload, publish, post, communicate, or transmit to others in any way whatsoever, any unlawful, fraudulent, deceptive, harmful, defamatory, inaccurate, abusive, offensive, threatening, hateful, violent, harassing, discriminatory, or racist content, or any content that infringes or violates another person’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity); Copy (except as expressly permitted by these Terms) or modify the Service; Frame, mirror, display, or incorporate the Service or any portion into any other program, site, service, or product; Use the Service in a manner that interferes with, degrades, or disrupts the integrity or performance of any of our networks, technologies, products, or services; Use any data mining or similar automated or manual data extraction, gathering, or scraping methods in connection with the Service; Circumvent, bypass, defeat, modify, tamper with, or disable any content protection system, digital rights management, security feature, or functionality in the Service; or Allow others to do any of the foregoing. 7. Our Intellectual Property Rights We or our licensors retain and exclusively own all rights, title, and interest in and to the Service and its content (including software, artwork, photos, videos, music, sounds, text, information, and other materials posted, provided, or otherwise made available through the Service, but excluding any User-Generated Content), including all intellectual property rights, whether registered or not, which include, but are not limited to, copyrights, patents, patent disclosures, and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works, and all other rights in and to the Service. We reserve all rights not expressly granted to you under these Terms. 8. User-Generated Content The Service or one or more Promotions (as defined below) may provide features that allow you to upload, store, receive, create, modify, share, or publish textual, visual, audio, or other content (collectively, the “User-Generated Content”). We do not claim any ownership rights to User-Generated Content. In order to allow us to operate, provide you with, and improve the Service and our technologies (and to develop new ones), we must obtain from you certain rights related to User-Generated Content that is covered by intellectual property rights. You hereby grant us a license to use User-Generated Content for the purposes of operating, developing, and improving the Service or new technologies or services, except that we will only use your User-Generated Content to improve the performance of machine learning models with your prior consent, all in accordance with the applicable privacy policy (please refer to section 2 (Privacy) for the applicable privacy policy). You will not be entitled to compensation for any use of User-Generated Content by us under these Terms. You are solely responsible for the User-Generated Content, and you represent and warrant that such content will not infringe upon or violate the rights of any person, that it complies with these Terms and any applicable law, and that you have all the rights and authorizations necessary to grant the license in the paragraph above and to upload, store, receive, create, modify, share, or publish the User-Generated Content on or through the Service and, when applicable, in connection with the Promotion. We welcome feedback, comments, and suggestions for improvements to the Service (“Feedback”). If you provide any Feedback, we may use it without restriction or compensation to you. 9. Generative AI Features The Service may enable you to use certain features that implement one or more generative artificial intelligence models or tools (the “Generative AI Features”). The Generative AI Features may allow you to insert or upload as input text, images, video, audio, or other content (“Input”). Based on the Input, you may generate and receive as output content such as text, images, video, or audio (“Output”). Your Input and Output are considered User-Generated Content under these Terms and, as between you and us, your Input and Output are yours. Without limiting section 6 (Prohibited Uses), when using Generative AI Features, you will not, and will not permit any person accessing the Service using your account to do any of the following: Upload, generate, or distribute content that facilitates the exploitation or abuse of children, including all child sexual abuse materials and any portrayal of children that could result in their sexual exploitation; Upload, generate, or distribute content that contains or promotes sexually explicit content or profanity, including pornography, or any content or services intended to be sexually gratifying; Perform or facilitate dangerous, illegal, or malicious activities, including (a) facilitation or promotion of illegal activities or violations of law, (b) abuse, harm, interference, or disruption of services (such as spam, phishing, or malware), (c) attempts to override or circumvent safety filters or intentionally drive the Generative AI Features to act in a manner that contravenes these Terms or other applicable policies, (d) generation or distribution of content that may harm or discriminate against individuals or a group, or promote any of the foregoing, and (e) generation or distribution of content intended to misinform, misrepresent, mislead, exploit, or harm others; Upload, generate, or distribute content that encourages the illegal or inappropriate use of alcohol, tobacco, drugs, or the use of explosives, firearms, ammunition, or certain firearms accessories; Upload, generate, or distribute content that promotes violence or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, caste, immigration status, or any other characteristic that is associated with systemic discrimination or marginalization; or Upload, generate, or distribute content that depicts gratuitous violence or other dangerous activities. 10. Promotions, Contests, and Sweepstakes Promotions, contests, and sweepstakes that you enter on the Service or in connection with the Service (each, a “Promotion”) may be subject to official rules or conditions that are supplemental to these Terms, and which may provide eligibility requirements, entry instructions, deadlines, prize information, and restrictions. If you wish to participate in a Promotion, please refer to the applicable official rules or conditions. If a Promotion’s official rules or conditions conflict with these Terms, the provisions contained in the official rules or conditions govern and control the relevant Promotion. Your entry into a Promotion constitutes User-Generated Content and is subject to all provisions of these Terms that govern your submission and our use of your User-Generated Content, and we may also use such User-Generated Content for advertising, marketing, and promotional purposes. 11. Third-Party Services, Materials, and Advertising The Service may enable access to third-party services, software, and websites (collectively, “Third-Party Services”). The Service may also display, include or make available content, information, and materials from third parties, including User-Generated Content (collectively, “Third-Party Materials”) or provide links to certain Third-Party Services or Third-Party Materials. You understand that by using the Service, you may encounter content, including Third-Party Services and Third-Party Materials, that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search may automatically and unintentionally generate links or references to objectionable material. By using the Service, you further acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Services or Third-Party Materials. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third-Party Services or Third-Party Materials. Such Third-Party Services and Third-Party Materials are provided solely as a convenience to you. You agree to use the Service and any Third-Party Services or Third-Party Materials at your sole risk, and you acknowledge that we will not have any liability to you for content that may be found to be offensive, indecent, or objectionable. In addition, Third-Party Services and Third-Party Materials that may be accessed from, displayed on, or linked from your device may not be available in all languages, in all countries, or in all operating systems. We make no representation that such Third-Party Services and Third-Party Materials are appropriate or available for use in any particular location. To the extent you choose to access or use such Third-Party Services or Third-Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws. We, and our content providers and licensors, reserve the right to change, suspend, remove, limit, or disable access to any Third-Party Services or Third-Party Materials at any time without notice. We will not be liable for the limitation, removal of, or disabling of access to any such services or materials. You acknowledge and agree to comply with applicable third-party terms and conditions related to the use of the Service, Third-Party Services, and Third-Party Materials. The Service may contain advertisements. In consideration for your access and use of the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. 12. Disclaimer of Warranties (unchanged) 13. Indemnification (unchanged) 14. Limitation of Liability (unchanged) 15. Service or Account Suspension (unchanged) 16. Termination (unchanged) 17. Account (unchanged) 18. Governing Law (unchanged) 19. Dispute Resolution; Binding Individual Arbitration PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND LOOKKI TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND LOOKKI FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND LOOKKI AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. LOOKKI AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. THE PARTIES ACKNOWLEDGE THAT THE TERMS IN THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS. a) Claims Subject to this Section. The dispute resolution and binding arbitration terms in this Section 19 apply to all Claims between you and Lookki. A “Claim” is any dispute, claim, cause of action, or controversy (excluding those exceptions listed below) between you and Lookki, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory for which either party wishes to seek legal recourse and that arises from or relates to these Terms or our Services, including any related to privacy or data-security or to the formation, validity, enforceability, revocability, performance, breach, or scope of the Terms or arbitration agreement or any portion of it or arising out of or relating to interpretation or application of the Terms or arbitration agreement. b) Informal Dispute Resolution Prior to Arbitration. If you have a Claim against Lookki or if Lookki has a Claim against you, you and Lookki must first attempt to resolve the Claim informally in order to try to resolve the Claim faster and reduce costs for both parties. You and Lookki will make a good-faith effort to negotiate the resolution of any Claim for 45 days, or such longer period as mutually agreed in writing (email suffices) by the parties, (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with these Terms. You will send any Claimant Notice to Lookki by certified mail addressed to Lookki, contact@appentain.com. Lookki will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Lookki or via reasonably available means of notice if you have not provided certified mail or email contact information to Lookki. The Claimant Notice sent by either party must (i) include the sender’s name, address, email address, telephone number, and any relevant purchase information; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought. (remaining subsections c)–l) unchanged except Faceverse → Lookki) 20. Miscellaneous a) Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Lookki with respect to the subject matter hereof and supersede any prior agreements, oral or written, between you and Lookki. b) Waiver. No failure or delay by Lookki in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power, or privilege hereunder. c) Severability. If any provision of these Terms is held invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under

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