Terms of service

Terms of Service

Last updated: DEC, 2023

Interpretation & Definitions

In accordance with these Terms & Conditions:

  • An affiliate is a company that controls, is controlled by, or shares a common control structure with a party. "Control" is defined as the possession of 50% or more of the shares, equity interests, or other securities with voting rights for directors or other management positions.

  • The United States is referred to as the "Country."

  • Company refers to fantasygen.ai (also referred to as "the Company," "We," "Us," or "Our" in this Agreement).

  • Device refers to any item that can access the Service, including a computer, a phone, or a tablet computer.

  • Feedback refers to comments, ideas, or recommendations that You send Us regarding the qualities, functionality, or features of Our Service.

  • The Website is referred to as the Service.

  • Premium mode alludes to the service associated with the reoccurring monthly fee.

  • Free mode is a service that can be used for free.

  • Image generation service refers to the underlying AI that generates images. use.

  • Terms of Use (also referred to as “Terms of Use”) means these Terms of Use constitute the entire agreement between you andPear Soup Limited regarding your use of the Service.

  • Third Party Social Media Service means any service or content (including data, information, products or services) provided by a third party that may be viewed, included or made available through the Service.

  • The Website is fantasygen.ai . You can access it at fantasygen.ai .

  • You refer to the person accessing or using the Service, orfantasygen.ai or any other entity on behalf of that person accessing or using the Service, as applicable.

Acknowledgement

These are the Terms of Use that govern your use of this service and the agreement that exists between you and Pear Soup Limited . These General Terms and Conditions set out the rights and obligations of all users in connection with their use of the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms of Service. If you do not agree to any part of these Terms of Use, please do not access the Service. I declare that I am over 18 years old. fantasygen.ai does not allow users under the age of 18 to use its services. Your access to and use of the Service is conditioned on your acceptance of and compliance with the fantasygen.ai Privacy Policy. Our Privacy Policy describes our policies and procedures regarding the collection, use and disclosure of personal information when you use the Application or Website and describes your privacy rights and how the law protects you. Please read our privacy policy carefully before using our services. Stuff not to do: If someone else might own the copyright to it, don't upload it. Don't upload, 'hate speech' , or material that is threatening, harassing, defamatory, or that encourages violence or crime. Don't upload illegal content or sensitive content such as child porn or nonconsensual ('revenge') porn. Don't impersonate someone else. Also, don't use the service to host image libraries you link to from elsewhere, content for your website, advertising, avatars, or anything else that turns us into your content delivery network. If you do – and we will be the judge – or if you do anything illegal, in addition to any other legal rights we may have, we will ban you along with the site you're hotlinking from, delete all your images, report you to the authorities if necessary, and prevent you from viewing any images hosted on our site.

Licensing

Subject to your compliance with this Agreement, its terms, and any applicable legal restrictions: Pear Soup Limited reserves all rights to assets created using the service, but allows users to share assets on other her websites under the following conditions. (i) You must provide proper attribution to Pear Soup Limited ; The presence of thePear Soup Limited watermark on the image is considered good attribution and satisfies the good attribution requirement for sharing the asset on other sites. (ii) sharing must not violate any law or the rights of any third party; (iii) User shall not use the Assets for any commercial purpose without the express written consent ofPear Soup Limited . Please note that these terms are in addition to the original terms and conditions and must be complied with in full. Violation or breach of these terms may result in termination of your right to share the Assets on other websites.

Fee Changes

Pear Soup Limited may change its service fees at any time in its sole discretion. Any changes to the service fees will be effective immediately. Pear Soup Limited will provide reasonable notice in advance of any service fee changes to give you an opportunity to decide whether you wish to continue using the service under the new fee structure. Your continued use of the Service after any service fee changes become effective constitutes your agreement to pay the new service fee amounts on a per-use basis.

Rules and Conduct

The image generation service is for personal use only and may not be used for commercial purposes without the express written consent of Pear Soup Limited . You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Image Generation Service or any portion thereof. You may not redistribute or make available to others the Image Generation Service without the express written permission ofPear Soup Limited . Any unauthorized commercial use, duplication, distribution, public performance or public display of the Image Generation Service may result in the termination of your right to use the Image Generation Service and also violates the rights ofPear Soup Limited and/or third parties.

Our Service may contain links to third party websites or services that are not owned or controlled by Pear Soup Limited . Pear Soup Limited does not control and is not responsible for the content, privacy, her policies or practices of her websites or services of third parties. Further,Pear Soup Limited shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available. You acknowledge and agree that we are not responsible for on or through such websites or services. We strongly encourage you to read the terms of use and privacy policies of any third party website or service you visit.

Termination

We may terminate or suspend your access immediately, without notice or liability, for any reason whatsoever, including without limitation if you violate these Terms of Service. Upon termination, your right to use the Service will immediately terminate.

Limitation of Liability

Notwithstanding any damages that You would possibly incur, the complete legal responsibility of Pear Soup Limited and any of its providers beneath any provision of this Terms and Your distinct treatment for all the foregoing will be restricted to the quantity honestly paid via way of means of You via the Service or one hundred USD if You have not bought whatever via the Service. To the most quantity accepted via way of means of relevant law, in no occasion shall the Company or its providers be chargeable for any special, incidental, indirect, or consequential damages whatsoever (including, however now no longer restricted to, damages for lack of profits, lack of records or different information, for enterprise interruption, for non-public injury, lack of privateness springing up out of or in any manner associated with the usage of or lack of ability to apply the Service, third-celebration software program and/or third-celebration hardware used with the Service, or in any other case in reference to any provision of this Terms), despite the fact thatPear Soup Limitedor any dealer has been suggested of the opportunity of such damages or even if the treatment fails of its vital purpose. Some states do now no longer permit the exclusion of implied warranties or problem of legal responsibility for incidental or consequential damages, because of this that a number of the above obstacles might not apply. In those states, every celebration's legal responsibility could be restricted to the best quantity accepted via way of means of law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law,Pear Soup Limited , on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Pear Soup Limited provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither Pear Soup Limited nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf ofPear Soup Limited are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. In such cases, however, the exclusions and limitations set forth in this section apply to the fullest extent enforceable under applicable law.

Billing descriptor

You will be billed by Decoda.AI. The said merchant name will appear on your bank statement in accordance with the payment you made, and possible future recurring payments.

Governing law

This Agreement shall be governed by, and interpreted in accordance with, the laws of Hong Kong SAR, China except with respect to its authorization and execution and delivery by Issuer and the users' resident countries.

Dispute resolution

If you have any concerns or disputes regarding the Service, you agree to first contact customer@fantasygen.ai to resolve the dispute informally.

For European Union (EU) users.

If you are a European Union consumer, you can benefit from the mandatory provisions of the laws of your country of residence.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

You represent that (i) you are not located in a country that is subject to an embargo by the U.S. government or that has been designated by the U.S. government as a "terrorist supporting country"; and (ii) you are not. and guarantee. You are located in a country that is on any U.S. government list of prohibited or restricted parties.

Severability

If any provision of these Terms is held to be unenforceable or invalid, that provision will be modified and construed to affect the purpose of such provision to the fullest extent permitted by applicable law; The remaining provisions will remain in full force and effect.

Waiver

Except as provided herein, failure to exercise any right or require performance of any obligation under these Terms will affect either party's ability to exercise such right or require such performance. and waiver of any breach shall not constitute a waiver of any subsequent damages.

Refund policy

Non-refundable, except where required by law. Refund requests for certain subscriptions are considered by the Company on a case-by-case basis and may be granted at fantasygen.ai's sole discretion.

Translation Interpretation

These Terms of Service may be translated if we make them available on our Service. In case of dispute, you agree that the original English text shall prevail.

2257

The operator of fantasygen.ai is not the producer (whether primary or secondary as defined in 18 U.S.C. § 2257) of any of the content found on fantasygen.ai. The operator’s activities, with respect to such content, are limited to the transmission, storage, retrieval, hosting and/or formatting of depictions posted by third party users, on areas of the website under the user's control. In addition, fantasygen.ai does not host any or store any content.

Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If the revision is material, we will use reasonable efforts to provide you with at least thirty (30) days' notice of the new terms becoming effective. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to all or any part of the new terms, please stop using the Website and Services.

Contact Us

You can contact at: customer@fantasygen.ai If you have any questions about these Terms of Service and other customer service needs.

For business inquiries and our affiliate program, contact us at: customer@fantasygen.ai

Company's Legal Name

Pear Soup Limited

Address

RM A, 19/F MAX SHARE CTR 367-373 KING'S RD NORTH POINT, HONG KONG