Terms of Service

1. ACCEPTANCE OF TERMS

1.1 Agreement Formation

By accessing, browsing, registering for, or using CouplyAI's website, mobile applications, or any related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms," "Agreement," or "TOS"). If you do not agree to these Terms in their entirety, you must not access or use the Service.

1.2 Legal Binding Nature

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Yeka Studio OÜ, a company incorporated in Tallinn, Estonia, and registered with the Estonian Business Register under registry code 14385400, operating as CouplyAI ("CouplyAI," "we," "our," or "us"). This Agreement governs your access to and use of the Service, including any content, functionality, and services offered on or through the Service.

1.3 Additional Terms and Policies

These Terms incorporate by reference and include:

• Our Privacy Policy, which governs the collection and use of your personal information
• Our Community Guidelines, which establish acceptable conduct standards
• Our Acceptable Use Policy, which defines prohibited activities
• Any additional terms applicable to specific features or services
• Any terms governing contests, promotions, or special offers

2. SERVICE DESCRIPTION

2.1 Core Service Overview

CouplyAI provides an AI-powered image generation and editing platform that enables users to:

• Upload personal images for AI processing and enhancement
• Generate new images using advanced artificial intelligence algorithms
• Edit and modify existing images with AI-assisted tools
• Create artistic variations and stylistic transformations
• Access cloud-based storage for image management
• Share and collaborate on image projects (where applicable)

2.2 Technical Infrastructure

Our Service utilizes:

• State-of-the-art machine learning models for image generation
• Cloud-based processing using Google Cloud Platform infrastructure
• High-performance GPU computing through Replicate's network
• Real-time image processing and generation capabilities
• Scalable storage solutions for user content and generated images
• Advanced security measures for data protection and privacy

3. ELIGIBILITY AND ACCOUNT REQUIREMENTS

3.1 Age Requirements

• Users must be at least 16 years of age to create an account and use the Service
• Users between 16-18 may require parental consent in certain jurisdictions
• We may request age verification documentation for compliance purposes
• Accounts created by underage users without proper consent will be suspended

3.2 Account Creation

• Accurate and complete registration information must be provided
• A valid email address is required for account verification and communication
• Strong password requirements must be met for account security
• Two-factor authentication may be required for enhanced security

3.3 Account Security

• Users are solely responsible for maintaining account confidentiality
• Login credentials must not be shared with third parties
• Users must notify us immediately of any unauthorized account access
• Users are responsible for all activities occurring under their account

4. ACCEPTABLE USE POLICY

4.1 Permitted Uses

You may use the Service for lawful purposes only, including:

• Creating AI-generated images for personal enjoyment and creative expression
• Editing and enhancing personal photographs and images
• Generating artwork, illustrations, and creative content
• Creating content for personal social media and non-commercial sharing
• Educational and research purposes (subject to additional restrictions)
• Commercial use where properly licensed and compliant

4.2 Prohibited Uses

You may not use the Service to:

• Upload, generate, or distribute illegal, harmful, or inappropriate content
• Create images that violate intellectual property rights
• Generate content depicting minors in inappropriate situations
• Create deepfakes or misleading content intended to deceive
• Upload images without proper rights or consent
• Generate non-consensual intimate or explicit images of real persons
• Create fake identification documents, currency, or official certificates
• Use the Service to spread misinformation or disinformation
• Attempt to reverse-engineer or extract proprietary AI models
• Interfere with or disrupt the Service's functionality
• Attempt to gain unauthorized access to our systems
• Use the Service for spam, phishing, or malicious activities

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Your Content

• You retain ownership of the images you upload ("Your Content")
• By uploading content, you grant us a limited license to process, store, and generate AI content based on your uploads
• You represent and warrant you have all necessary rights to uploaded content
• You are responsible for ensuring uploaded content does not infringe third-party rights

5.2 Generated Content

AI-generated images created using our Service are subject to the following:

• You retain ownership of AI-generated images created using the Service
• Generated content may be used for personal and commercial purposes (subject to restrictions)
• We do not claim ownership of generated content
• You are responsible for ensuring your use complies with applicable laws
• Generated content may not be unique and similar outputs may be created for other users
• Generated content must respect third-party intellectual property rights

5.3 Our Intellectual Property

• The Service, including our AI models, software, and technology, is owned by CouplyAI
• All AI models, algorithms, and software are protected by copyright and other intellectual property laws
• Users may not reverse engineer, decompile, or extract our proprietary technology
• Trademarks, service marks, and branding elements are our exclusive property

6. PRIVACY AND DATA PROTECTION

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

6.1 Data Processing

• Uploaded images are processed using AI algorithms to generate new content
• Processing may involve analysis of image content, style, and technical characteristics
• User content may contribute to AI model training and improvement (with consent)
• Users can control how their images are used through privacy settings

6.2 Security

• Industry-standard encryption for data transmission and storage
• Secure authentication and access control mechanisms
• Regular security audits and vulnerability assessments
• Compliance with relevant data protection regulations

7. PAYMENT TERMS

7.1 Pricing

• Basic Service features may be available without payment
• Premium features and enhanced capabilities require paid subscriptions
• Current pricing is available on our website and subject to change
• All fees are exclusive of applicable taxes

7.2 Payment Processing

• Payments are processed by secure third-party payment processors
• Payment information is encrypted and protected according to industry standards
• Subscription fees are billed in advance for the selected billing period
• Usage-based charges are calculated according to actual consumption

7.3 Refunds and Cancellations

• Refunds are generally not provided for subscription fees or usage charges
• Exceptions may be made for technical issues or service unavailability
• Users may cancel subscriptions at any time through account settings
• Cancellation takes effect at the end of the current billing period

8. DISCLAIMERS

8.1 Service Availability

We provide the Service "as is" and "as available" without warranties of any kind. We do not guarantee uninterrupted access, error-free operation, or compatibility with all devices.

8.2 AI-Generated Content

AI-generated content may not always meet your expectations. We do not warrant the accuracy, quality, or suitability of generated content for any particular purpose. AI algorithms may produce unexpected results despite our safeguards.

9. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

• Our total liability shall not exceed the amount you paid for the Service in the 12 months preceding the claim, or £100, whichever is greater
• We shall not be liable for indirect, incidental, special, or consequential damages
• We are not responsible for content generated by users or third-party actions
• We shall not be liable for any failure or delay due to events beyond our control

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Yeka Studio OÜ (trading as CouplyAI), its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your violation of these Terms of Service
• Your use or misuse of the Service or uploaded/generated content
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
• Your violation of any applicable laws or regulations
• Any content you upload, generate, or share through the Service
• Any disputes between you and other users of the Service
• Your negligent or willful misconduct

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

11. WARRANTIES AND REPRESENTATIONS

11.1 Your Warranties

By using the Service, you represent and warrant that:

• You have full legal capacity to enter into these Terms
• You meet all eligibility requirements stated in these Terms
• All information you provide is accurate, complete, and current
• You own or have the necessary rights, licenses, consents, and permissions to upload and process all content you submit
• Your use of the Service will not violate any applicable laws or regulations
• You will not use the Service for any unlawful or prohibited purposes
• You have obtained all necessary consents for images containing identifiable individuals

11.2 Service Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties regarding the accuracy, reliability, or completeness of AI-generated content
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding the quality, accuracy, or suitability of generated images
• Warranties that defects will be corrected

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

12. TERMINATION

12.1 Termination by You

• You may terminate your account at any time through account settings
• You may export your content before account termination
• Upon termination, access to the Service will cease immediately

12.2 Termination by Us

We may suspend or terminate your account for:

• Violation of these Terms or our policies
• Suspected fraudulent, abusive, or illegal activity
• Failure to pay applicable fees
• Prolonged inactivity
• Risk to platform security or other users

12.3 Effects of Termination

Upon termination:

• Your right to access and use the Service immediately ceases
• We may delete your account and all associated data after a reasonable grace period (typically 30 days)
• Outstanding payment obligations remain due and payable
• Provisions that by their nature should survive termination will continue to apply, including intellectual property rights, disclaimers, indemnification, and limitations of liability
• We may retain certain data as required by law or legitimate business purposes

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Applicable Law

These Terms are governed by and construed in accordance with the laws of the Republic of Estonia. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

13.2 Jurisdiction

Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Tallinn, Estonia, unless otherwise required by mandatory consumer protection laws in your country of residence.

13.3 EU Consumer Rights

If you are a consumer residing in the European Union, you retain the benefit of any mandatory provisions of the consumer protection laws of your country of residence. Nothing in these Terms affects your statutory rights as a consumer under EU or national consumer protection legislation, including but not limited to:

• Right of withdrawal for online purchases (14-day cooling-off period)
• Legal guarantee rights for defective services
• Protection against unfair contract terms
• Right to bring proceedings in your country of residence

13.4 Alternative Dispute Resolution

EU consumers may access the European Commission's Online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odr. We are committed to participating in alternative dispute resolution procedures for consumer disputes.

13.5 Language

These Terms are drafted in English. In case of any conflict between the English version and any translation, the English version shall prevail to the extent permitted by applicable law.

14. MISCELLANEOUS PROVISIONS

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms you agree to when using specific features, constitute the entire agreement between you and Yeka Studio OÜ (trading as CouplyAI) regarding the Service and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is found to be invalid, unenforceable, or illegal, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Yeka Studio OÜ.

14.4 Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms without our prior written consent. We may freely assign these Terms and our rights and obligations to any third party, including in connection with a merger, acquisition, reorganization, or sale of assets.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14.6 No Third-Party Beneficiaries

These Terms are for the benefit of you and Yeka Studio OÜ only and are not intended to confer any rights upon any third parties.

14.7 Relationship of Parties

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Yeka Studio OÜ. You are an independent user of the Service with no authority to bind Yeka Studio OÜ.

14.8 Electronic Communications

By using the Service, you consent to receive electronic communications from us, including via email or by posting notices on the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

14.9 Export Compliance

You agree to comply with all applicable export and import control laws and regulations in your use of the Service. You represent that you are not located in a country subject to EU or international sanctions and are not listed on any EU or international prohibited parties list.

15. CHANGES TO TERMS

We may update these Terms from time to time. Material changes will be communicated through:

• Email notification to registered users
• Prominent notice on our website
• In-app notifications

Continued use of the Service after changes constitutes acceptance of the updated Terms.

16. CONTACT INFORMATION

For questions about these Terms of Service, please contact us: