Terms of Use
Last modified: 8 November 2023
PLEASE, READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING REVIVE APPLICATION (“APP”), PROVIDED BY REFACEAI LIMITED. BY USING REVIVE APPLICATION, YOU AGREE TO BE BOUND BY THE (1) TERMS OF USE; AND (2) PRIVACY NOTICE. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE APP. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE APP. YOU AGREE TO USE THE APP AT YOUR OWN RISK.
REFACEAI LIMITED RESERVES THE RIGHT TO REFUSE THE APP TO ANYONE FOR ANY REASON AT ANY TIME.
These Terms are concluded between you (“you” or “your”) and REFACEAI LIMITED, a company duly incorporated under the UK law, company number 13440268, which principal place of business is C/O Rwk Goodman Llp, 69 Carter Lane, London, England, EC4V 5EQ (including its subsidiaries, affiliates, agents, and assigns) (“us”, “we”), regarding your use of the App, including your use of any service(s) offered through them and your access to service pursuant to Section 2 (“Services”).
By registering, accessing or using the Services, you agree that you can, and are entering into a legally binding contract with us comprised of the Terms, that you are, at least, thirteen years old (or such other minimum age at which you can provide consent to data processing under the laws of your domicile) or over and that you accept these Terms and that you agree to comply with them.
YOU RECOGNIZE AND GUARANTEE THAT YOU HAVE ALL THE APPROPRIATE RIGHTS, POWERS AND OPPORTUNITIES TO CONCLUDE AND COMPLY WITH ALL THE CONDITIONS OF THESE TERMS, AND THAT YOU WON’T USE THE APP IN A WAY THAT VIOLATES ANY LAWS OR REGULATIONS. NOTE THAT BY REPRESENTING AND WARRANTING, YOU ARE MAKING A LEGALLY ENFORCEABLE PROMISE.
We may update these Terms from time to time in our sole and absolute discretion. If we do, we will let you know by posting the updated Terms on our website, to the App and/or may also send other communications. It’s important that you review these Terms whenever we update them, or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore.
The Revive Services comprises an online synthetic media application where users may generate their unique entertaining content.
The App may contain links to third-party websites, services, and other resources. Please note, their presence does not mean that they are recommended by us, and we do not guarantee their safety and conformity with any of your expectations. We are not responsible for maintaining any materials referenced from another website and make no warranties for that website or respective service. We assume no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and services.
The App, the Services, including any specific functionalities of our Services (including past, present and future versions) are owned and controlled by us and their Content is protected by the United States and international copyright, trademark, trade dress, patent, and other intellectual property rights of respective parties and applicable laws to the fullest extent possible.
“Content” means all text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork, and computer code displayed on or available through the Services and the design, structure, selection, coordination, expression, and arrangement of such materials including, without limitation, (i) materials and other items relating to us and our products and services, including, without limitation, respective activities, games, lesson plans, teacher trainings, printables, characters, photographs, audio clips, sounds, pictures, videos, and animation; (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including ours (“Trademarks”); and (iii) other forms of intellectual property.
Our Service allows you to post, link, store, share and otherwise make available Generated Content outside of the App. You are responsible for certain information, text, graphics, other material (“User Content”) that you post on or through Service, including its legality, reliability, and appropriateness.
By posting User Content on or through Service, you represent and warrant to us that neither your User Content, nor your use and provision of your User Content and/or Generated Content to be made available through the Services, nor any use of your User Content and/or Generated Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your applicable rights to any User Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for User Content you or any third-party posts on or through Service.
You hereby acknowledge that you are solely responsible for your User Content and Generated Content. The information and materials in the Generated Content including User Content have not been verified or approved by us. The views expressed by other users in the App do not represent our views or values. We accept no liability in respect of any content submitted by users.
If you share the User Content publicly through the App or in any other way, you acknowledge that such content will be accessible to others. Any such content will be considered non-confidential and non-proprietary. Please do not submit or post any User Content that you do not want to be publicly accessible or viewable.
You hereby agree, undertake to and covenant with us that you will not:
(a) engage in any activities, including, without limitation, the uploading, posting, emailing, or transmitting of User Content of the App that:
i. attempt to or do harm to us, the Services, including any specific functionalities of our products and/or services, or any others;
ii.are unlawful, false, inaccurate, misleading, offensive, obscene, lewd, violent, harassing, threatening, abusive, tortious, defamatory, invasive of another’s privacy, or are otherwise objectionable to us, in our sole discretion; or
iii. violate any right of any third party, including, without limitation, the uploading, posting, emailing, or transmitting of the User Content that violates another person’s intellectual property right, right of publicity, trade secret right, or other proprietary right;
(b) You shall not disparage our performance, or distribute any false or misleading statement or otherwise take any action which could reasonably be expected to adversely affect the personal or professional reputation of us;
(c) reverse engineer, disassemble, or modify any source or object code or any software or other products, services, or processes accessible through the Services, including any specific functionalities of our products and/or services, install any software, file, or code on the Services that is not authorized by us, or attempt to do so;
(d) engage in any activity (other than the use of specific features of the Services, such as Site Timer or Activity Blocker, Fun Face, Camera, Calls, and Voice Recognition prototype or any other available from time to time) that interferes with a user’s access to the Services or the proper operation of the Services;
(e) access or collect information from the Services using automated means (such as through scripts, robots scrapers, or spiders);
(f) use any meta tags or other “hidden text” utilizing any of our Trademarks;
(g) interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on the use of or access to the Services, any specific functionalities of our products and/or services, or its Content;
(h) use the Services for commercial or political purposes;
(i) you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique.
(j) disclose, harvest, or otherwise collect information, including email addresses, or other private information about any third party without that party’s express consent; or
(k) otherwise violate these Terms, or solicit, encourage, or facilitate anyone else to do so.
ILLEGAL USE OF THE SERVICES WILL BE INVESTIGATED AND YOUR ACCOUNT MAY BE DELETED BASED ON THE RESULTS OF SUCH INVESTIGATION.
We are not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. Without limiting the foregoing, we may remove, at any time and without notice, any material that we, in our sole discretion, find to be in violation of these Terms or otherwise objectionable. If you have noticed any violation of these Terms from your perspective, content of any nature whatsoever, please contact us at hi@reviveapp.net or use in-app report form. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
We require payment of a fee for use of certain features or functions of the Services (the “PRO Features”). You have the option of making a one-time payment (“One-Time Payment”) or purchasing a subscription (“Subscription”) for such use. Whether you make a One-Time Payment or purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties to charge your payment method for the Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your purchase (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms.
BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE US TO INITIATE RECURRING, NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you the Subscription fee posted on the Services, plus any applicable taxes, and other charges (the “Subscription Fee”) at the beginning of your Subscription, and then at the frequency thereafter that is indicated on the Services and/or in these Terms at the then-current Subscription Fee, using the Payment Information you have provided until you cancel your Subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or us. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms. For the purposes of the lifetime Subscription, lifetime constitutes 10 years or until the date REFACEAI LIMITED ceases to commercially offer the Services, whatever period is shorter. We make no warranties as to the expected duration of the lifetime Subscription and its related Services. You acknowledge and agree that the Services under the lifetime Subscription may change or terminate in the future. You may not assign, transfer, or resell in any way the lifetime Subscription to any other person. We reserve the right to revise the terms of or make changes to the lifetime Subscription by updating these Terms accordingly, provided that we will not shorten the duration of the lifetime Subscription specified above.
From time to time, we may offer new Users free Subscription access to the PRO Features for a time period posted on the Services (a “Free Trial”). If you decide that you do not want to become a paying user of the Services, you must cancel the applicable Subscription twenty-four (24) hours before your Free Trial expires. If you do not cancel the applicable Subscription twenty-four (24) hours before your Free Trial expires, we will automatically charge you for the applicable Subscription pursuant to Section 5.2 above.
If you are dissatisfied with the PRO Features, you may cancel a Subscription for a full refund within two (2) calendar days of your initial purchase. As soon as this term expires, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND /OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME.
Please note that you may cancel your Subscription at any time, but such cancellation will be effective at the end of the then-current Subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then-current Subscription period and will then terminate without further charges.
Cancellation instructions
lf you want to cancel your subscription, please follow these instructions by the links:
iOS:https://intercom.help/revive-1d11de724340/en/articles/6714204-how-to-cancel-the-revive-ios-subscription
Android:https://intercom.help/revive-1d11de724340/en/articles/6714617-how-to-cancel-the-revive-android-subscription
Refund instructions
To claim a refund for your subscription, please, follow these instructions:
iOS:https://intercom.help/revive-1d11de724340/en/articles/6714651-how-to-claim-a-refund-for-the-revive-ios-subscription
Android:https://intercom.help/revive-1d11de724340/en/articles/6714628-how-to-claim-a-refund-for-the-revive-android-subscription
Please note, that we do not have any control over refunds on the iOS platform. You should use Apple functionality in accordance with the abovementioned instructions to receive a refund. However, we may help you with receiving a refund on Android. If you have any issues with receiving a refund on Android, please email us at hi@reviveapp.net.
We respect copyright law and expect our users to do the same. It is our policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
7. COPYRIGHT COMPLAINTS
If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the App have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
a. identification of the copyrighted work that is claimed to be infringed;
b. identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the App;
c. information for our copyright agent to contact you, such as an address, telephone number and e-mail address;
d. a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
e. a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
f. the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
Notices of copyright infringement claims should be sent by e-mail to dmca@reface.ai or by mail to: Reface AI Limited (i.e. REVIVE), Attn: Dmytro Symbiryov, 2C/O Rwk Goodman Llp, 69 Carter Lane, London, England, EC4V 5EQ. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
A user of the App who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.
You hereby agree to indemnify and hold us harmless from and against any claims, disputes, costs, losses, liabilities, damages, expenses and judgments of any and every kind, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.
We respect your privacy and have established certain policies and procedures relating to the collection and use of your personal information. Please check our Privacy Notice to be aware of how we collect, use and share your personal information when you use our Services.
You may delete your personal data using in-app functionality or by manually deleting the app from your device. If you have any issues regarding the deletion of your data and/or app, please email us at hi@reviveapp.net.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO COMAPNY FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO COMPANY AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
(a) THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
(b) We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.
(c) Generative AI is an evolving technology that can occasionally produce unpredictable results. At Revive, we have dedicated teams working to minimize potential risks and ensure the highest standard of results. Should you encounter any Generated Content that you deem offensive, harmful, defamatory, or in violation of our Terms, we urge you to report it via the in-app report or reach out to us directly at hi@reviveapp.net.
(d) During the provision of our Services, we may use different models that were trained using artificial intelligence technologies. We usually use models that have already been trained by third parties using various datasets, so we do not additionally train the models on the photos you upload while using our Services. Please note, that we are not responsible for the third-party models we use and for the data on which they were trained, as we usually don’t have full access to the initial information about the model and mentioned datasets. In this regard, we do not have any responsibility for the Generated Content that does not match your expectations.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
These Terms shall be governed by, construed in accordance with, the laws of England and Wales without regard to the conflict of laws provisions thereof.
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the courts of England and Wales.
We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. If you have any questions regarding the Services and/or your account, please email us an email at hi@reviveapp.net. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 2.3, 3.1, 3.2, 3.5, 5, 8, 7, 8, 9, 10, 11 and 12.
If the court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms shall still apply.
These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between us and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without any restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by us under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by us or our duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
We hope these Terms helped you to understand how the Services work and be sure everything is foreseeable and safe while using it. If you have any questions regarding the use of Services or regarding these Terms, please contact us at hi@reviveapp.net.