KaCha Terms of Service

 

Last updated:【2023.10.20】

 

Welcome to KaCha (“KaCha”, “we”, “us” or “our”), an AI-powered photo generation tool that allows users to upload a photo containing a person's face or body and generate new pictures with distinct style. By accessing or using our our app and website ("Service"), you agree to be bound by this Terms of Service ("Terms"). If you do not understand the Terms, or do not accept any part of them, please do not use our Services.

 

You must be at least 14 years of age to use KaCha. Please note that users under the age of 18 must be accompanied by a parent or legal guardian who has reviewed and agreed to this Terms of service on their behalf.

 

We reserve the right to review and amend any of this Terms at our sole discretion. Upon doing so, we will update this page. Any changes to this Terms will take effect immediately from the date of publication.

 

1.      User Account

1.      Account Creation. To use certain features of KaCha, you need to create an account ("Account") and provide us with some information about yourself as prompted by the registration form. By registering for an Account, you agree that the information you provide is truthful and accurate, and you will keep it up-to-date. You can delete your Account at any time by following the instructions on KaCha. However, please note that we may suspend or terminate your Account in accordance with Section 7. If you register for KaCha using a third-party account, you allow us to access that account as allowed by the terms and conditions of that third-party account.

2.     Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

 

2.     In-APP Purchases and Subscription

1.      KaCha include services or tools that can be licensed for a fee, typically via in-app purchase (“Paid Services”). These Paid Services are generally one-time in nature, and upon the Paid Services being available to you, our obligation is deemed fulfilled, and the Paid Services will not be repeated or provided multiple times.

2.     You may also opt to subscribe to our Paid Services on a weekly or annual basis ("Subscription"). Your subscription will automatically renew upon expiry, and should you wish to terminate your Subscription, you must cancel it before the renewal to avoid payment of the next billing period's subscription fees.

3.   We reserve the right to modify, terminate, or otherwise amend the Paid Services and Subscription rules at any time. For any queries or refund requests in relation to payments made through the Apple App Store or Google Play, please contact them directly.

 

3.      Limitation of Use

By using KaCha, you agree to abide by the following code of conduct:

1.       You will not use KaCha for any illegal or unauthorized purpose.

2.       You will not use KaCha to generate images that contain hate speech, violence,  sexually explicit or pornographic material, or any form of discrimination.

3.       You will not use KaCha to generate images that infringe on any intellectual property rights, including but not limited to trademarks, copyrights, and patents.

4.       You will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit any intellectual property of KaCha.

5.       You will not attempt to reverse engineer, modify, or hack KaCha or any of its features.

6.       You will not use KaCha to harass, intimidate, or threaten any person or entity.

7.       You will not upload any viruses or malicious code that could harm KaCha or its users.

8.       You will not interfere with or disrupt the integrity or performance of KaCha or its servers.

9.       You will not use KaCha to collect or store any personal information of other users without their explicit consent.

10.   You will comply with all applicable laws and regulations in your use of KaCha.

Violation of this code of conduct may result in the suspension or termination of your account without notice. We reserve the right to investigate and take appropriate legal action against any user who violates this code of conduct.

 

4.     Intellectual Property

1.      All rights, title and interest in and to the Services is and shall remain exclusively owned by KaCha and/or its licensors.

2.     We do not claim any ownership rights to user content created by you（“User Content”). User Content created by you remains your property, and KaCha has the right (but not the obligation) to remove any User Content shared through the Services in its sole discretion. By submitting, posting, displaying, creating or otherwise making available any User Content on or through the Services, you expressly grant, and you represent and warrant that you have all necessary rights to grant to KaCha a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information about, edit, translate, distribute, syndicate, publicly perform, publicly display, improve our existing and new products including but not limited to training KaCha’s AI, and make derivative works of all such User Content and your name all or part of the content, in any form, media or technology (whether now known or hereafter developed), sound and/or likeness contained in your User Content.

3.   KaCha takes no responsibility and assumes no liability for any User Content posted, transmitted or otherwise made available through the Services by you or any other user or third party. You shall be solely responsible for your User Content and the consequences of posting, publishing, sharing, or otherwise making it available on the Services, and you acknowledge and agree that we merely act as a passive conduit for the distribution and publication of your content online. You understand and agree that you may be exposed to User Content that is inaccurate, offensive, inappropriate for children, or otherwise unsuitable for your purposes, and you agree that KaCha shall not be liable for any damages you claim to have incurred as a result of such User Content.

4.   We follow the notice and takedown provisions of the Digital Millennium Copyright Act. In addition, we may remove from our Service any infringing material that we become aware of. Furthermore, we may terminate the account and access rights of any repeat infringer in appropriate circumstances. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any material or content on the Service infringes upon your copyrights, you may contact us via【dev@astroinfinity.net】.

 

5.     Disclaimer of Warranties and Limitation of Liability

1.      You agree to use our Services at your own risk. The Services, and all materials, User Content, information, and software integrated into our Services, are provided on an "as is" and "as available" basis. We make no express or implied warranties with respect to any services, products, content or materials provided under these Terms, including without limitation, warranties of merchantability, fitness for a particular purpose, or technical compatibility. We do not warrant that our Services will be available, uninterrupted, or error-free, that defects will be corrected, or that our Services or the servers that provide the Services are free of viruses or other harmful components.

2.     In no event shall we be liable for any direct or indirect damages of any kind arising out of or in any way connected with the Services provided by us or related to the Services provided by us. Under no circumstances shall we be liable for any special, consequential, incidental, punitive, or exemplary damages, or for any loss of profits or revenue, even if we have been advised of the possibility of such damages. In no event shall we be liable for any damages arising out of or in connection with any products, services and/or information provided by any third-party provider or accessed through the Website or any other means.

 

6.       Right to Terminate

This Terms will remain in full force and effect while you use Service. We may suspend or terminate your rights to use Service (including your Account) at any time for any reason at our sole discretion, including for any use of Service in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use Service 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.

 

7.      Privacy

Please review our Privacy Policy, which governs the use of personal information in the Services and to which you agree to be bound as a user of the Services.

 

8.     Miscellaneous

1.      Language. This Terms is originally written in English. In case of any conflict or discrepancy between the English text and any translation, the English version shall prevail.

2.     Entire Agreement. This Terms constitutes the entire agreement between the parties and supersedes all prior understandings, representations, negotiations, and discussions, whether oral or written, between the parties.

3.   Severability. If any provision of this Terms is held to be invalid, illegal, or unenforceable under any applicable law, such provision shall be deemed modified to the extent necessary to conform to the requirements of the law. The validity, legality, and enforceability of the remaining provisions of this Terms shall not be affected or impaired as a result of such modification. If any provision cannot be so modified, it shall be stricken from this Terms without affecting the validity, legality, or enforceability of the remaining provisions.

4.   Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.

5.     Arbitration. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of arbitration shall be Singapore. The language of the arbitration shall be English. The tribunal shall consist of one arbitrator to be appointed by mutual agreement of the parties or failing such agreement, in accordance with the SIAC Rules. The award rendered by the arbitrator shall be final and binding on the parties. The parties hereby agree to carry out any award without delay and waive their right to any form of recourse insofar as such waiver can validly be made. This clause shall survive the termination of this Agreement.

6.   Contact. If you have any questions regarding this Terms, please contact us via email at:【dev@astroinfinity.net】.