Version Effective Data: January 11, 2024

Thank you for using the Fotomax Platform(the “services”). These Terms of Services (the “Agreement”) explain what rights you have with respect to images and other assets which you might generate with the Service, or prompts you might enter into the Service (the “Assets”), your use of the Services. Please read it carefully. Our privacy policy outlines how we handle your data.

This Agreement constitutes the terms of service between end-users of the Fotomax.ir website and the Fotomax.ir software application (the "Customer," “You” or “Your”). “Fotomax.ir” is used to refer to the Fotomax.ir website, the Fotomax.ir software application and its provided service(s) for the remainder of this Argeement.

These terms must be adhered to by all users of the Fotomax.ir image generation and posting service and are agreed upon during account creation. If you do not agree to these terms, you must not use Fotomax.ir's image generation or posting service nor download the Fotomax.ir software application, and you must delete your account if you have already made one.

This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the "Effective Date") or to receive or distribute Assets. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If You do not agree to this Agreement, please stop using the Services.

1. Fotomax.ir Accounts and Provided Services 1.1 An account is required to access the image generation functionality as well as the image posting function of Fotomax.ir.

1.2 Age Requirements: You confirm that You are at least 13 years old and meet the minimum age of digital consent in Your country. If You are old enough to access the Services in Your country, but not old enough to have authority to consent to our terms, Your parent or guardian must agree to our terms on Your behalf.

Please ask Your parent or guardian to read these terms with You. If You are a parent or legal guardian, and You allow Your teenager to use the Services, then these terms also apply to You and You are responsible for Your teenager’s activity on the Services.

1.3 You may not share an account with any other person or entity, and must keep your account information reasonably secure.

1.4 You are responsible for all actions and requests that your account performs, and must ensure that they do not violate these terms.

1.5 Your account may be terminated at any time for violation of these terms.

1.6 If your account is terminated, there is no guarantee of future availability of your data nor of a refund for any purchases or subscriptions you may have made.

1.7 Fotomax.ir will make an attempt to ensure its services have high reliability and support as many clients as possible. However, no guarantee of availability or uptime is made by Fotomax.ir. Fotomax.ir may be integrated with, or may otherwise interact with third-party applications, websites, and services and third-party personal computers, mobile handsets, tablets, and other devices. Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. Fotomax.ir does not guarantee that Third-Party Applications and Devices will be compatible with the Fotomax.ir Service.

1.8 Fotomax.ir is not liable for any liabilities or damages caused by the use of its services, nor from the usage of images generated using our service. If you believe your usage of Fotomax.ir is not in your own best interests, you must cease usage of Fotomax.ir and uninstall any Fotomax.ir software application.

1.9 Fotomax.ir reserves the right to change these terms of service at any time, and will attempt to notify you of any changes.

2. Generated Images 2.1 You own all Assets You create with the Services to the fullest extent possible under applicable law. No claims on the ownership or copyright of AI-generated images are made by Fotomax.ir, and all created content may be freely used by yourself.

2.2 AI model output may sometimes be unpredictable and is not guaranteed to match the input prompt nor to be of any given nature or quality.

2.3 Do not attempt to generate content that is illegal in your legal jurisdiction or within your country or district of residence.

2.4 Do not use generated content as a substitute for any licensed profession, including but not limited to legal advice, financial advice, medical advice, or any other professional service or advice.

3. Shared Content 3.1 YYou are solely responsible for the Content you upload, post, display, or otherwise make available on Fotomax.ir, and for any action or omission that results from your use of Fotomax.ir and our services (including our Content or other user's Content), or the use by a person or an entity that you have authorized under your Account.

3.2 You represent and warrant that you have ownership, control, and responsibility for the Content you post or otherwise make available on Fotomax.ir, or otherwise have the right to do so.

3.3 Your Content must not be misleading or unlawful, and must not violate any of these Terms, applicable law and regulation, or infringe or misappropriate any rights of any person or entity. We may remove your Content at any time, at our sole discretion, if we have concerns about your Content.

3.4 By posting your Content or otherwise making it available on Fotomax.ir, you acknowledge and agree that:

a.You own the Content (image, AI model, etc) you create, but you grant us, its successors, a perpetual, worldwide, non-exclusive, sublicensable no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute text and image prompts You input into the Services, as well as any Assets produced by You through the Service under these Terms and our Privacy Policy.

b.When Content contains a reasonable and customary license notice (such as an open-source license), such Content should remain under the terms of that license when further accessed, distributed, or used. Neither party is permitted to remove reference to any such license.

3.5 By uploading a file, image or other content to Fotomax.ir, you represent and warrant to us that:

a.does not violate or infringe anyone else's rights when you created the file or other content you are uploading, or you have sufficient intellectual property rights to upload the material consistent with these terms.

b.With regard to any AI model file(including image) you upload to Fotomax.ir and allow user downloads of such file, you grant us a non-exclusive, royalty-free, perpetual, irrevocable worldwide license to host, use, reformat, transmit, store, copy, display online, and allow usage of such file (with our generation services).

3.6 We do not assert any ownership over your uploaded or published content. You retain full ownership of all of your uploaded content and any intellectual property rights or other proprietary rights associated with your content. We are not liable for any statements or representations in your content provided by you in any area on the Fotomax.ir website or APP. You are solely responsible for your content on Fotomax.ir and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your content.

3.7 You agree that any Content you download, access, or use from us or another User is at your own risk and subject to these Terms and/or the terms accompanying such Content.

4. Use of Content 4.1 By downloading a file or image or copying other user-generated content (UGC) from Fotomax.ir, you agree that you do not claim any rights to it, and that any Content you download, access, or use from us or another User is at your own risk and subject to Fotomax.ir's terms and the specific terms provided by the content creator accompanying such Content.

4.2 Risk and Warranty: Your use of UGC is at your own risk. Fotomax.ir makes no warranties of non-infringement, and you will indemnify and hold Fotomax.ir harmless from any copyright infringement claims arising out of your use of the UGC.

4.3 When Content contains notice of a reasonable and customary license (such as an open-source license), such Content is intended to remain under the terms of such license when further accessed, distributed, or used.

5. User Data and Data Security 5.1 Fotomax.ir stores basic user information during your use of our service, like Your email address, user name, billing information, favorites, image outputs, and text prompts that You enter, or sample images that You upload to the Service.

5.2 To learn more about what data is stored and your rights with respect to that data, please see our Privacy Policy.

5.3 Your usage of Fotomax.ir also constitutes knowledge of and agreement to these terms of service, as well as these terms.

6. Restrictions of Conduct and Content 6.1 In accessing and using Fotomax.ir, you agree to abide by the following rules, restrictions and limitations:

a. You will not modify, translate, adapt or reformat Fotomax.ir;

b. You will not decipher, decompile, disassemble, or reverse-engineer, or otherwise attempt to discover the source code or structure of, the software or materials comprising Fotomax.ir

c. You will not interfere with or circumvent any security feature of the Fotomax.ir or any feature that restricts or enforces limitations on the use of Fotomax.ir;

d. You will not use Fotomax.ir to gain unauthorized access to our or any third party's data, systems or networks;

e. You will not use Fotomax.ir in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt our systems and networks, or otherwise interfere with other users' use of the Fotomax.ir;

f. You will not use Fotomax.ir in any way that, in our sole discretion, may expose us and others to liability or damages;

g. You will not remove, change or obscure any copyright, trademark notice, trademark, hyperlink or other proprietary rights notices contained in Fotomax.ir;

h. You will comply with all applicable laws in your access and use of Fotomax.ir, including the laws of your country or district;

i. You will ensure that other users have predictable experiences on Fotomax.ir by properly using the nsfw tag system to label any of your content that is graphic, sexually-explicit, lewd, indecent, or otherwise objectionable.

6.2 You shall not upload, share or otherwise transmit to or via the Services any content that:

a. is unlawful, harmful, libelous, defamatory, abusive, racially or ethnically offensive, harassing, threatening, invasive of personal privacy or publicity rights, misleading, or otherwise objectionable;

b. would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

c. may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any third party;

d. contains any unsolicited promotions, political campaigning, advertising or solicitations;

e. contains any private or personal information of a third party without such third party's consent;

f. may harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

g. contains any viruses, corrupted data or other harmful, disruptive or destructive files or content, designed to interrupt, destroy or limit the functionality of Fotomax.ir;

h. contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships (e.g., inside information, confidential information received in the context of an employment or a non-disclosure agreement); or

i. is in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose us or others to any harm or liability of any type.

j. Duplicated content or content falsely labeled as having been created, endorsed, or trained by another creator, or impersonates another creator on the site.

6.3 Fotomax.ir reserves the right, but is not obligated, to remove any user content and/or ban the accounts that we believe, in our sole discretion, violates these provisions. If you have noticed any violation of these Terms from your prospective, content of any nature whatsoever, please contact us at: contact@Fotomax.ir

7.Community Guidelines 7.1 Be kind and respect each other and staff. Do not create images or use text prompts that are inherently disrespectful, aggressive, or otherwise abusive. Violence or harassment of any kind will not be tolerated.

7.2 No adult content or gore. Please avoid making visually shocking or disturbing content. We will block some text inputs automatically.

7.3 Sharing others' creations. Do not publicly repost the creations of others without their permission.

7.4 You may not use the Services to generate images for political campaigns, or to try to influence the outcome of an election.

7.5 Be careful about sharing. It’s OK to share Your creations outside of the Fotomax community but please consider how others might view Your content.

7.6 Banhammer. Any violations of these rules may lead to bans from our services. We are not a democracy. Behave respectfully or lose Your rights to use the Service.

8. Liability 8.1 The Fotomax.ir services are provided to you on an "as-is" and "as available" basis and the use thereof is at your sole risk. We make no, and hereby disclaim, any representations or warranties of any kind, express, implied, statutory or otherwise, including the warranties of merchantability, fitness for a particular purpose, satisfactory quality, noninfringement, and title with respect to the app, to the fullest extent permissible under applicable law.

We do not warrant that:

a. Fotomax.ir (or the results obtained from the use thereof) will be timely, error-free, secure or uninterrupted;

b. Fotomax.ir meet your requirements;

c. The accuracy, likely results, or reliability of the use of the materials in Fotomax.ir or on our website, or otherwise relating to such materials or on any resources linked to Fotomax.ir our website.

d. Any errors or malfunctions on Fotomax.ir's website or app will be corrected.

8.2 We shall in no event be responsible or liable to you or to any third party, whether under contract, warranty, tort (including negligence), strict liability, indemnity or other theory, for any direct, indirect, special, incidental, consequential, exemplary, liquidated or punitive damages or any other damages, including but not limited to loss of profit, revenue or business, cost of substitute procurement, arising in whole or in part from your use of (or inability to use) Fotomax.ir, even if we have been advised of the possibility of such damages. Under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from any causes beyond its reasonable control.

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