Terms of Use

SuenoAI: AI Art Generator
Last revised on: July 5, 2024

The SuenoAI: AI Art Generator mobile application is copyrighted works belonging to SuenoAI: AI Art Generator and its affiliates ("Company", "us", "our", and "we"). Certain features of SuenoAI: AI Art Generator may be subject to additional guidelines, terms, or rules, which will be posted on SuenoAI: AI Art Generator in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. These Terms apply to all users and other persons ("users," "you," as applicable) that access, download, install, register with or use SuenoAI: AI Art Generator, (all use by you and any user on your Account, "your use", and such users, "your users").

THESE TERMS OF USE (THESE "TERMS") SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF SuenoAI: AI Art Generator. BY ACCESSING OR USING SuenoAI: AI Art Generator, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), INCLUDING THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS (TYPICALLY, AT LEAST 18 YEARS OLD). NEITHER YOU NOR YOUR USERS MAY ACCESS OR USE SuenoAI: AI Art Generator IF YOU OR THEY ARE NOT AT LEAST 13 YEARS OLD. IF YOU OR YOUR USERS ARE UNDER 18 YEARS OLD (OR THE AGE OF LEGAL MAJORITY WHERE YOU OR THEY LIVE), YOU OR THEY MAY ONLY USE SuenoAI: AI Art Generator UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS. IF YOU ARE A PARENT OR LEGAL GUARDIAN OF A USER UNDER 18 YEARS OLD (OR THE APPLICABLE AGE OF MAJORITY), YOU AGREE TO BE FULLY RESPONSIBLE FOR THE ACTS AND OMISSIONS OF SUCH USER IN CONNECTION WITH SuenoAI: AI Art Generator. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE SuenoAI: AI Art Generator OR ALLOW ANY ACCESS AND/OR USE BY ANOTHER USER.

PLEASE BE AWARE THAT SECTION 10.2 OF THESE TERMS CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF YOUR ACCEPTANCE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.


1. ACCESS TO SuenoAI: AI Art Generator

1.1. License.

1.1.1. If you maintain a Paid Subscription: Subject to these Terms (including your compliance with Section 1.3 when applicable, the license set forth in Section 3.2 and the disclaimers set forth in Section 6), (i) Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access SuenoAI: AI Art Generator during the term of your Paid Subscription and (ii) you own your Generated Content (as defined in Section 3.4) created during the term of your Paid Subscription to the extent possible under current law and this ownership will persist even if you end your Paid Subscription.

1.1.2. If you do not maintain a Paid Subscription: Subject to these Terms (including the license set forth in Section 3.2 and the disclaimers set forth in Section 6), Company grants you (i) a non-transferable, non-exclusive, revocable, limited license to use and access SuenoAI: AI Art Generator solely for your own personal, noncommercial use, and (ii) a license to your Generated Content under Creative Commons Noncommercial 4.0 Attribution International License.

1.2. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) except to the extent allowed with respect to your Generated Content pursuant to Section 2.1 or as expressly permitted by us in writing otherwise, you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit SuenoAI: AI Art Generator or SuenoAI: AI Art Generator Content, whether in whole or in part; (b) except to the extent allowed with respect to your Generated Content pursuant to Section 2.1, you shall not modify or make derivative works of SuenoAI: AI Art Generator Content; (c) you shall not disassemble, reverse compile or reverse engineer any part of SuenoAI: AI Art Generator or SuenoAI: AI Art Generator Content, including, without limitation, source code, algorithms or machine learning models or the components thereof; (d) you shall not access SuenoAI: AI Art Generator or use output therefrom to build, train or improve (directly or indirectly) a similar or competitive website, product, or service; (e) except as expressly stated herein, no part of SuenoAI: AI Art Generator may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (f) you shall not use any method to extract data or content from SuenoAI: AI Art Generator other than in the ordinary course of reasonable and non-automated use; (g) you shall not use SuenoAI: AI Art Generator Content in any manner that suggests or implies that such information or content is human-generated; and (h) you shall not use SuenoAI: AI Art Generator or any output therefrom (i) in any unlawful manner or for any unlawful purpose, (ii) in any manner that infringes or violates any third party rights or (iii) otherwise outside the scope or manner expressly permitted by these Terms. Unless otherwise indicated, any future release, update, or other addition to functionality of SuenoAI: AI Art Generator shall be subject to these Terms. All copyright and other proprietary notices on SuenoAI: AI Art Generator (or on any content displayed on SuenoAI: AI Art Generator) must be retained on all copies thereof.

1.3. Modification Company reserves the right, at any time, to modify, suspend, or discontinue SuenoAI: AI Art Generator (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of SuenoAI: AI Art Generator or any part thereof.

1.4. No Support or Maintenance; No Guarantees. You acknowledge and agree that (a) Company will have no obligation to provide you with any support or maintenance in connection with SuenoAI: AI Art Generator and (b) no guarantees are made related to the quality, reliability or uptime of SuenoAI: AI Art Generator.

1.5. Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in SuenoAI: AI Art Generator (including Customized Features, defined below) and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to SuenoAI: AI Art Generator) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms. Unless expressly permitted by us in writing otherwise, you agree not to modify, tamper with or remove any watermark, notice or other marking on any content or information provided by SuenoAI: AI Art Generator.

1.6. Feedback. If you provide Company with any feedback or suggestions regarding SuenoAI: AI Art Generator ("Feedback"), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

1.7. Non-Exclusive. Notwithstanding anything to the contrary in these Terms, nothing in these Terms shall prohibit us from creating or providing any output or results (a) that are the same as or similar to the output made available to you or (b) from information or content that is the same as or similar to your User Content.

1.8. Purchases and Subscriptions. Some functionality and use of SuenoAI: AI Art Generator is free of charge. We also offer access to certain enhanced services and additional features for a fee ("Purchased Features"). You may purchase the Purchased Features through a third party, such as Apple App Store or Google Play, or via the SuenoAI: AI Art Generator website. If you purchase the Purchased Features from a third party, separate terms and conditions with such third party in addition to these Terms may apply. If purchasing Purchased Features on a subscription basis (a "Paid Subscription"), your payment for such Purchased Features will automatically renew and continue until terminated. You must cancel your Paid 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, pricing and Purchased Features we offer from time to time. Please contact the third party (Apple App Store or Google Play support), as applicable, regarding any refunds or to manage your Purchased Features. We are unable to view, access, or modify any financial transactions from Apple or Google LLC in-app subscriptions. Instead, please reach out to the appropriate support team of Apple or Google LLC in relation to your Paid Subscription to request any refunds. You can cancel your Paid Subscription by signing in to your account and following the instructions for canceling your Paid Subscription. If made via a Google in-app subscription or purchase learn more about refunds from Google Play. You can request a refund for an Apple in-app subscription or purchase by following the guidance. Payment processing services for purchases made via the SuenoAI: AI Art Generator website are provided by Stripe, Inc. As a condition of SuenoAI: AI Art Generator enabling payment processing services through Stripe, Inc., you agree to provide us with accurate and complete information about you, and you authorize us to share it and transaction information related to your use of the payment processing services provided by Stripe, Inc. 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 FEATURES FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED PURCHASED FEATURES, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY.

1.9. Customized Features. We may, from time to time, make available to you certain functionality or use of SuenoAI: AI Art Generator that includes Customized Features. "Customized Features" means any and all features, functionalities, machine learning models or any artificial intelligence technologies(for image generation or otherwise) made available by us to you, or used in the production of any SuenoAI: AI Art Generator Content, that is customized or custom-developed in any manner to your requirements or requests (including, without limitation, requests for model training using your User Content). You acknowledge and agree that Customized Features shall be the sole and exclusive property of the Company. For the avoidance of doubt, Customized Features include, without limitation, any "custom model" or similar creation in SuenoAI: AI Art Generator. Notwithstanding anything to the contrary in these Terms, in no event will (a) any Customized Feature or any portion thereof be considered "works made for hire" under the Copyright Act of 1976 or exclusive to you in any manner or (b) you have any rights, title or interest thereto other than the express limited rights granted in these Terms. Customized Features and any portion thereof are solely licensed to you pursuant to Section 2.1.

3. CONTENT

3.1. Content. "User Content" means any and all information and content that a user submits to, or uses with, SuenoAI: AI Art Generator (e.g., content in the user’s profile, text inputs and prompts, postings, comments and uploads in any format, such as images, video, text or audio). "SuenoAI: AI Art Generator Content" means any and all information and content, other than User Content, that is output from, or made available on or by, SuenoAI: AI Art Generator. You are solely responsible for your User Content and your use of SuenoAI: AI Art Generator Content. You assume all risks associated with use of your User Content and SuenoAI: AI Art Generator Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content or SuenoAI: AI Art Generator Content that personally identifies you or any third party. You hereby represent and warrant that (a) your User Content does not violate our Acceptable Use Policy (defined in Section 3.3); (b) the disclosure and provision of your User Content to us will not violate any law or contractual, legal, fiduciary or other obligation of yours to, or right of, any third party, (c) you have all necessary rights, licenses, consents (including any required verifiable parental consent under the Children’s Online Privacy Protection Act or similar laws), permissions, waivers and releases, and have provided all required notices (including privacy notices), for the storage, use and transfer of all your User Content by you and us and (d) your User Content shall not include any Personal Data unless provided in accordance with applicable law. You may not represent or imply to others that your User Content or use of SuenoAI: AI Art Generator Content is in any way provided, sponsored or endorsed by Company. Since you alone are responsible for your User Content and use of SuenoAI: AI Art Generator Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. For the purposes of these Terms, "Personal Data" means any data that is deemed personal data or personal information (or other analogous variations of such terms) under and subject to any data protection law or regulation applicable to such data, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and the California Consumer Privacy Act, each as may be amended from time to time.

3.2. License. You acknowledge and agree that you will benefit from our ability to make improvements to SuenoAI: AI Art Generator over time. You hereby grant (and you represent and warrant that you have the right to grant) to Company and their successors and assigns an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, store, transfer, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content and your Generated Content, and to grant sublicenses of the foregoing rights, for the purposes of including and using your User Content and your Generated Content in connection with the operation of its businesses (including to develop and improve SuenoAI: AI Art Generator); provided, that in cases where such User Content is your Limited Use Content (as defined below), (i) such operation of its businesses shall be limited to the provision of SuenoAI: AI Art Generator and its functionality and (ii) any public display or distribution shall be at your direction or with your prior consent. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content and your Generated Content.

3.3. Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy":

3.3.1. The terms of SuenoAI: AI Art Generator’s Content Policy.

3.3.2. In addition, you agree not to: (i) upload, transmit, or distribute to or through SuenoAI: AI Art Generator any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through SuenoAI: AI Art Generator unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use SuenoAI: AI Art Generator to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to SuenoAI: AI Art Generator, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to SuenoAI: AI Art Generator (or to other computer systems or networks connected to or used together with SuenoAI: AI Art Generator), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of SuenoAI: AI Art Generator; or (vi) use software or automated agents or scripts to produce multiple accounts on SuenoAI: AI Art Generator, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) SuenoAI: AI Art Generator (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the SuenoAI: AI Art Generator website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

3.4. Enforcement; Generated Content.

3.4.1. We reserve the right (but have no obligation) to review, refuse and/or remove any User Content or SuenoAI: AI Art Generator Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, any SuenoAI: AI Art Generator Content resulting from your actions, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities. While we try to ensure that SuenoAI: AI Art Generator Content is aligned with SuenoAI: AI Art Generator’s Content Policy, certain SuenoAI: AI Art Generator Content is generated directly from User Content at the user’s direction using artificial intelligence technology (such SuenoAI: AI Art Generator Content, "Generated Content," and when directly from your User Content at your direction, "your Generated Content"). The artificial intelligence technology we use is new and novel and may produce unexpected results. We make no guarantees that Generated Content will be suitable for all audiences or purposes.

3.4.2. Certain User Content may be designated by us as Limited Use Content. "Limited Use Content" means solely that portion of User Content which are images uploaded or otherwise submitted to SuenoAI: AI Art Generator by a user for the creation of Generated Content (when uploaded or submitted by you, "your Limited Use Content"). You acknowledge and agree that certain functionalities of SuenoAI: AI Art Generator may require that we store and process your Limited Use Content throughout the period of your use of SuenoAI: AI Art Generator (e.g., functions that use your Limited Use Content for customizing your Generated Content on a continuous basis).

4. INDEMNIFICATION.

You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of SuenoAI: AI Art Generator, (b) your violation of these Terms, (c) your violation of applicable laws or regulations and (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

5. THIRD-PARTY LINKS & ADS; OTHER USERS

5.1. Third-Party Links & Ads. SuenoAI: AI Art Generator may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, "Third-Party Links & Ads"). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

5.2. Other Users. Each SuenoAI: AI Art Generator user is solely responsible for any and all of its own User Content. Since we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, appropriateness, or quality of any User Content. Your interactions with other SuenoAI: AI Art Generator users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any SuenoAI: AI Art Generator user, we are under no obligation to become involved.

5.3. Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, SuenoAI: AI Art Generator (including any interactions with, or act or omission of, other SuenoAI: AI Art Generator users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

6. DISCLAIMERS

SuenoAI: AI Art Generator may change at any time and in any manner, at the Company’s sole discretion. This includes, without limitation, updates to and discontinuation of features previously available. We make no guarantees related to the quality, reliability or uptime of SuenoAI: AI Art Generator. We make no representations or warranties related to current law that might apply to you, including with respect to the ownership of your Generated Content if you maintain a Paid Subscription. We advise you to refrain from relying on SuenoAI: AI Art Generator or creating any dependency related to SuenoAI: AI Art Generator in any manner. You acknowledge and agree that (a) we will have no liability to you, your customers or any third party for any harm caused by your reliance or dependency on SuenoAI: AI Art Generator and (b) you are solely responsible for determining the legality of your use and redistribution of SuenoAI: AI Art Generator Content.

SuenoAI: AI Art Generator IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT SuenoAI: AI Art Generator WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO SuenoAI: AI Art Generator, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, SuenoAI: AI Art Generator, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, SuenoAI: AI Art Generator IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

8. TERM AND TERMINATION.

Subject to this Section, these Terms will remain in full force and effect while you use SuenoAI: AI Art Generator. We may suspend or terminate your rights to use SuenoAI: AI Art Generator (including your Account) at any time for any reason at our sole discretion, including for any use of SuenoAI: AI Art Generator in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use SuenoAI: AI Art Generator will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.8, and Sections 3 through 10.

9. COPYRIGHT POLICY.

Company respects the intellectual property of others and asks that users of SuenoAI: AI Art Generator do the same. In connection with SuenoAI: AI Art Generator, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of SuenoAI: AI Art Generator who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of SuenoAI: AI Art Generator, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
. your physical or electronic signature;
. identification of the copyrighted work(s) that you claim to have been infringed;
. identification of the material on our services that you claim is infringing and that you request us to remove;
. sufficient information to permit us to locate such material;
. your address, telephone number, and e-mail address;
. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

The designated Copyright Agent for Company is: Copyright Manager
Designated Agent: Copyright Manager
Email: uniontechsoft@gmail.com

10. GENERAL.

10.1. Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on SuenoAI: AI Art Generator. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of SuenoAI: AI Art Generator following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

10.2. Dispute Resolution. Please read this Section 10.2 (sometimes referred to herein as this "Arbitration Agreement") carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

10.2.1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.

10.2.2. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 1201 2nd Ave, 26th Floor, Seattle, Washington 98101. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

10.2.3. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

10.2.4. Authority of Arbitrator. The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

10.2.5. Waiver of Jury Trial. YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 10.2.1 (Applicability of Arbitration Agreement) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

10.2.6. Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in San Francisco County of the State of California. All other disputes, claims, or requests for relief shall be arbitrated.

10.2.7. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: uniontechsoft@gmail.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Company username (if any), the email address you used to set up your Company account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

10.2.8. Severability. Except as provided in Section 10.2.6 (Waiver of Class or Other Non- Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

10.2.9. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.

10.2.10. Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Company at the following address: uniontechsoft@gmail.com

10.3. Export. SuenoAI: AI Art Generator may be subject to U.S. export control laws and may be subject to export or import regulations in other countries, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations maintained by the Department of State. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations. You represent and warrant that you are (a) not located in any country or region that is subject to a U.S. government embargo and (b) not a denied party as specified in the regulations listed above.

10.4. Disclosures. Company is located at the address in Section 10.8. If you are a Washington resident, you may report complaints to the Consumer Resource Center of the Attorney General’s office by contacting them in writing at 800 Fifth Ave, Seattle, WA 98104, or by telephone at (800) 551-4636.

10.5. Electronic Communications. The communications between you and Company use electronic means, whether you use SuenoAI: AI Art Generator or send us emails, or whether Company posts notices on SuenoAI: AI Art Generator or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

10.6. Government Terms. We provide SuenoAI: AI Art Generator, including related software and technology, for ultimate federal government end use solely in accordance with these Terms. If you are an agency, department, or other entity of any government, the use, duplication, reproduction, release, modification, disclosure, or transfer of SuenoAI: AI Art Generator, or any related documentation of any kind, including technical data, software, and manuals, is restricted by these Terms. All other use is prohibited and no rights other than those provided in these Terms are conferred. SuenoAI: AI Art Generator was developed fully at private expense.

10.7. Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of SuenoAI: AI Art Generator. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

10.8. Copyright/Trademark Information. Copyright © 2024 SuenoAI: AI Art Generator. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on SuenoAI: AI Art Generator are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

10.9. Additional Terms Applicable to iOS The following terms apply if you use SuenoAI: AI Art Generator on any device that contains the iOS mobile operating system (the "App") developed by Apple Inc. ("Apple").

10.9.1. Acknowledgement. You acknowledge that these Terms are concluded solely between you, and not with Apple, and us, not Apple. We are solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the usage rules for the Apple App Store terms of service as of the date you download the App, and in the event of any conflict, the usage rules in the Apple App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Apple usage rules.

10.9.2. Scope of License. The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod touch or iPad that you own or control as permitted by the Apple usage rules set forth in the Apple App Store terms of service.

10.9.3. Maintenance and Support. You and us acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

10.9.4. Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You and the Company acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of the Company. However, you understand and agree that in accordance with these Terms, the Company has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.

10.9.5. Product Claims. You and the Company acknowledge that as between Apple and the Company, the Company, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.

10.9.6. Intellectual Property Rights. You and the Company acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringe third party’s intellectual property rights, the Company, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.

10.9.7. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted persons.

10.9.8. Developer Name and Address. Any questions, complaints or claims with respect to the App should be directed to the contact set forth below.

10.9.9. Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the App.

10.9.10. Third-Party Beneficiary. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof).

Contact Information:

SuenoAI: AI Art Generator
Email: uniontechsoft@gmail.com