ARTICLE 1 - Subject We appreciate you using the image creation and chat services (the Services) provided by NAIA (the Seller). The rights you have in relation to the service-generated photos and other assets (the Assets), your use of the Services, and other crucial issues like arbitration are all outlined in the Terms of Use. This Agreement, which controls Customer's access to and use of the Services, is made between NAIA and the organization or individual accepting these terms (hence, Customer). When the Customer accepts this Agreement and uses the Services (the Effective Date), this Agreement becomes operative. These terms may be updated at the discretion of NAIA. Any continuation of use of these Services means the acceptance of this Agreement. ARTICLE 2 - Service Availability and Quality The Services are continuously being developed to create a better experience for the Customers. The Services are subject to modification and change, including but not limited to the art style of Assets, the algorithms used to generate the Assets, and features available to the Customer. Regarding the Services' caliber, stability, uptime, or dependability, no promises are provided. Please refrain from establishing any reliance on the Services' or Assets' properties. If your dependence on the Service results in any harm to you or your downstream clients, we won't be responsible. Without any express or implied warranties or terms of any kind, including, without limitation, any warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose, the Services and the Assets are given to Customer on an "AS IS" BASIS. You alone must decide whether using or redistributing the Assets is appropriate, and you must bear all risks connected with utilizing the Services. Your access to the Services may be restricted or terminated by NAIA at any time and for any reason. You cannot conduct competitive research using the Services. You are not permitted to reverse engineer the Assets or the Services. You are not permitted to access, interact with, or create Assets through the Services using automated technologies. Per registered account, only one user is permitted to use the Services. Only one account is permitted per user of the Services. We reserve the right to look into complaints or reported violations of our Terms of Service and to take any action we deem necessary, including but not limited to reporting any suspected illegal activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such individuals or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information. ARTICLE 3 - Age Requirement You certify that you are at least 13 years old and that you are of legal age to give digital consent in your country by using the Services. If you are of legal age in your country to access the Services but not of legal age to enter a legally binding contract, your parent or legal guardian must do so on your behalf. We kindly request that you read these terms with your parents or legal guardian. These rules also apply to you as a parent or legal guardian if you permit your adolescent to use the Services. You are also responsible for your adolescent's online behavior. The Assets are produced by an artificial intelligence system based on user inquiries, notwithstanding NAIA's efforts to make its Services PG-13 and family friendly. Technology this new does not always perform as planned. Regarding the Assets' suitability for the Customer, no promises are offered. ARTICLE 4 - Personal Information You might give NAIA personal information by using the Services, such as your email address, username, billing information, saved searches, output images, text inputs, and sample images that you submit to the Services. Each party pledges to abide by all relevant data protection regulations. ARTICLE 5 - The Rights Given to NAIA By using the Services, you hereby grant a perpetual, worldwide, non-exclusive, sublicensable at no cost, royalty-free, irrevocable copyright license to NAIA, its successors, and assigns to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute text and image prompts you input into the Services, or Assets produced by the Services at your direction. This license continues after this Agreement has been terminated by any party for any reason. Your Rights You own all the Assets you produce using the Services, subject to the aforementioned license. If you fit one of the exclusions listed below, this does not apply to you. Please be aware that NAIA is an open community and that once your images or prompts are shared in a public forum, others are free to use them and remix them. You authorize NAIA to permit this in the manner previously mentioned. You can get around some of these public sharing defaults by purchasing a private plan. ARTICLE 6 - PAYMENT GATEWAY We use Iyzico payment gateway for credit card payments. By using NAIA Studio, you hereby unconditionally acknowledge that you give full consent to the transferring of data relating to your payment method, subscription, orders and billing information by the Seller to "iyzico Ödeme Hizmetleri A.Ş." in order to process the payment, and prevent, identify and investigate unauthorized transactions as well as processing and storing of the aforementioned data in accordance with the latest Privacy & Personal Data Policy of iyzico Ödeme Hizmetleri A.Ş. ARTICLE 7 - NAIA AVATAR Only images of you that you hold the rights to may be uploaded. You cannot upload pictures of other persons and images to which you do not have the rights to. Uploading photographs that are pornographic or nude is prohibited. Any outcomes that could harm you in any manner are not within our responsibility. All photos you post are permanently removed after your avatars are generated, protecting your privacy and security. For your convenience, your rendered AI avatars are accessible for 30 days after rendering. ARTICLE 8 - RATE LIMITING We shall make a reasonable effort to provide you with unlimited access to the Services if you purchase the unlimited plan. To avoid quality deterioration or disruptions to other customers, we have the right to rate limit you. We might charge you through a third-party payment service provider for using the Services. ARTICLE 9 - LIMITATION OF LIABILITY AND INDEMNITY Your plan can be canceled at any moment. Additionally, we reserve the right to revoke your usage of the Services for any reason, such as infringing the Community Guidelines or engaging in any improper behavior. Any outstanding usage fees will be levied right away upon cancellation or termination. You won't receive a refund for the current pay period, but after the current pay period has ended, you won't be charged any more. We don't promise or guarantee anything regarding the Service; we just offer it as is. You acknowledge and accept that, regardless of how they occur, we will not be held responsible to you or any third party for any loss of revenue, usage, reputation, or data, or for incidental, indirect, special, consequential, or exemplary damages. You oversee how you use the service. We won't get involved if you hurt someone else or have a conflict with someone else. We will find you and demand payment if you intentionally violate someone else's intellectual property, and it costs us money. Additionally, we might endeavor to have a judge order that you pay our legal fees. The content that visitors and other third parties provide is distributed by us; we are not its publishers. As a result, we have the same amount of editorial control over this content as a public library does. Members, visitors, and other third parties who provide opinions, advice, comments, services, and other materials do so at their own risk, and we do not endorse any of the views expressed in any such materials. We fully disclaim any responsibility for any content uploaded by third parties and cannot and do not support it in any manner.