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Terms and Conditions

The Parties and the object of the Application Terms and Conditions

1.1 These Terms of Service ("Terms of Service") have a contractual value between the Company and You

1.2 AI Maker Pro application ("Application", "App") is a service offered to You by ElThree Inc ("the Company", "We", "Us", "Our"), a Limited Liability Company registered at 1950 W Corporate Way PMB 33238 Anaheim, CA 92801, United States of America.

1.3 The object of these Terms of Service is the App supplied by the Company.

Use of the App

2.1 Access to the App's Service is conditioned by the following:

The preliminary, full, whole, integral, unconditional, explicit acceptance of the terms and conditions within these Terms of Service by pressing the button "I Agree" located below these Terms of Service within the App after You have pressed the Sign Up button on the Homepage of the App. Not pressing the "I agree" button below these Terms of Service within the App, it means You do not accept the provisions of these Terms of Service and it leads to the impossibility to use the App and its Service

Owning a compatible Device that can access the Service, such as a Smartphone

You must be at least 16 years old at the moment you download, access, and use the Application.

Access to either a mobile, or Wi-Fi internet connection. The data traffic generated by the download, access and use of the App and the Service may be billed by Your Internet Service Provider according to the data package You use from your Internet Service Provider.

2.2 Failure to meet any of the above conditions leads to the impossibility of downloading, accessing, and using the App and the Service.

Definitions

Account means a unique account created for You to access Our Service or parts of Our Service.

Affiliate means a unique entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of the directors or other managing authority.

Application means the software program provided by the Company, downloaded by You on any electronic device, named AI Maker Pro Application

App Store means a digital store available on all smartphones using the iOS operating system where the Application can be found and downloaded

Company (referred to as either "the Company, "We", "Our", in these Terms of Use) refers to El Three Inc, 1950 W Corporate Way PMB 33238 Anaheim, CA 92801

Content means the images and videos generated by the App based on Your text input or generated images

Daily Best Of (referred to as either "Feed", the Feed") is a list of curated images and videos generated by You that You share on Your own will with other members of the AI Maker Pro community

Device means any device that can access the Service such as a smartphone

Google Play means a digital store available on all smartphones using the Android operating system where the Application can be found and downloaded.

Gallery means the place within the App where all your saved AI generated images and videos are stored.

Image referred to as the Content generated by the App based on Your text input.

Service refers to the Application

You (referred to as either "You", "Your", "Yourself" in these Terms of Use) the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Video referred to as the Content generated by the App based on an Image generated by the App

App Description

4.1 The App allows You to generate Images by typing a text that describes the content of the Image to be generated. The App allows You to generate Videos based on generated Images.

4.2 You can download the App directly from Google Play or the App Store. Google Play is a digital store available on all smartphones using the Android operating system where the Application can be found and downloaded. App Store is a digital store available on all smartphones using the iOS operating system where the App can be found and downloaded

4.3 The App allows you to create an Account which you can customize with a profile image and a name. The App available for Android devices requires an Account in order to edit images, generate Content and purchase a subscription. The App available on iOS devices does not require an Account in order to edit images, generate Content and purchase a subscription. The App available on iOS devices does require an Account to share Your content to the Feed or with your friends.

4.4 The App allows You to input as much detailed text as You need to generate Images. The AI will generate one image based on your input text. The generated image is automatically saved to Your Gallery. The App allows You to generate Images based on your input that will help generate a Video. The App will generate two Images based on your input. You can preview both Images and select one Image that will be used by the AI to generate the Video, which you can save and add to the Gallery. The App allows You to input as much detailed text as You need to generate Videos. The AI will generate one video based on your input text. In the App's Gallery you can view all Your saved Content, available to download and share to your friends, on social media or to the Feed. Within the Gallery you can also generate new Content based on existing one through the Remix function. If you want inspiration on generating Content you can check out the Feed which offers a collection of community generated Content. You can Upvote and Share the Content from the Feed.

4.4 The App offers 5 Subscriptions you can purchase within the App that allow you to generate, save, share or download an increasing number of Content. You may purchase the Starter Subscription, which offers 200 credits/month at $1.99/month (VAT included), Advanced Subscription, which offers 300 credits/month at $4.99/month (VAT included), Champion Subscription, which offers 600 credits/month at $14.99/month (VAT included), Ultimate subscription, which offers 1,200 credits/month at $49.99/month (VAT included), Pro subscription, which offers 10,000 credits/month at $97.49/month (VAT included). On iOS devices you can deactivate the Subscription by going to Settings - Your Apple ID - Subscriptions. On Android you can deactivate the Subscription by going to Google Play - Payments and Subscriptions - Subscriptions. You will always be informed on the price of the subscription before subscribing.

4.5 The Company has no obligation to maintain the same offer for the Subscriptions for any period of time. The Company can modify at any time the Services offered within the Subscriptions or any other available offer, informing You about the modifications through the App, and can change and add any other offers without any obligations to You, other than informing You of the changes.

4.6 You can purchase the Subscriptions and the payment for the purchase of the Subscriptions will be done through the means available in Google Play and App Store. The invoice generated by the purchase of the Subscription will be stored in your Google Play or App Store account.

4.7. The text input added by You on Your Account, used to generate Content is Your responsibility. The Company cannot be held liable or accountable for any text filled in by You on the App in any way, shape or form.

4.8 The clauses of these Terms of Service are applicable to You if you have accessed the App.

Rights and Obligations of the Company

5.1 The company will ensure the confidentiality of information offered to You, through the App , however, the Company, will not, in any way, be liable for any confidentiality breach in regards to any information that You have divulged to Third Parties and that have been made public by the Third Parties

5.2 The Company grants You limited access within the App, for personal use, and does not offer You the right to partially or fully modify the App, to copy, sell/resell, or exploit the App and its contents in any way, for commercial reasons or for reasons contrary to the interests of the Company

5.3 The Company will not be liable for the following: (1) software generated errors, drops in internet connection coverage or quality, alteration of information that flows through other systems other than those of the Company, or caused by third party system failures, or information that flows through other systems other than those of the Company becoming non-secure, or the information that becomes non-secure due to third party system failures. (2) Your fraudulent use of the App.

5.4 The Company is not liable for:

the non-functioning of the App as a result of a virus that was transmitted through mobile internet, Wi-Fi and that affects the functionality of the device, or internet connection You use to access the Application

Your abnormal or prohibitive use of the App

The incompatibilities or the malfunctioning of the operating system within the device You use to access the App

The partial or total malfunctioning of the App due to device settings and/or modifications to the operating system of the device, that fall under Your responsibility.

5.5 The Company will make every effort necessary to ensure that You use the App in the most secure conditions that will also safeguard Your confidentiality.

5.6 The Company can, at any moment in time, decide to suspend, modify, or shut down the Service of the App, with immediate effect and no forewarning, in order to perform repairs, maintenance, or work that will lead to improvements in the App's Service performance, or any other similar reason.

5.7 In case of abusive or unauthorized use of the App Service, the Company reserves the right to limit, suspend, or cancel without forewarning Your access to the App.

5.8 The company is not liable for any content, relevance, text input by You, or images generated by the App.

5.9 No claims on the ownership or copyright of AI-generated Content are made by AI Maker Pro, and all created Content may be freely used by Yourself for commercial and non-commercial purposes

5.10. AI model output may sometimes be unpredictable and the Company cannot guarantee that it will match the input prompt nor to be of any given nature or quality.

Your Rights and Obligations

6.1 You commit to use the App and the Service for Your personal use, according to these accepted Terms of Service, and not to exploit the App and the Service for commercial reasons.

6.2 You are solely responsible for the way in which You use the App and the Service. Without prejudice to the obligations written in these Terms of Service, You must respect the clauses of these Terms of Service, and the laws applicable to the activities included within the App,, under the principles of good-faith and morality, public order, good practices, rights of Third Parties, and the Company. Specifically,You have the obligation to respect the current laws regarding intellectual property, child protection, data protection, and the protection of fundamental rights.

6.3 By accepting these Terms of Service,, You agree to use the Service of the App according to its scope and functionalities.You have the obligation to maintain the confidentiality of access information to the App, being solely responsible for any consequences derived from divulging access information to unauthorized parties, no matter if the divulgence was intentional, out of negligence, or carelessness.

6.4 You agree not to use the Service of the App in any fraudulent, illegal, disturbing, or for any abusive goals, or in any way that could lead to damages or increase in risks for the Company

6.5 You will abstain from any behavior that does not respect intellectual and industrial property rights of the Company and Third Parties by using the App. You will disclaim the Company from any complaint, legal or extralegal action that can occur as a result of Your behavior.

6.6 You must offer complete, correct, and current information when you register/use the App.

6.7 The content generated and shared by You on the App is your intellectual property. By using the App, You grant the Company a non-exclusive, worldwide license to use, display and distribute Your content for the purpose of operating and improving the application.

6.8 You agree to immediately notify the Company if any identified or unidentified, unauthorized party, uses or accesses or is about to use or access the Service through You. You understand and agree that the only information that can constitute the object of any legal action or challenge are the ones present on Your invoice according to Article 7 of the present Terms and Conditions.. Any action You make to purchase the Subscriptions has contractual value. You must bear the cost of the Subscriptions as attested in the invoice You receive upon purchasing the Subscriptions.

Payment and Taxes

7.1 You must pay the sum shown on the Subscription description page. The Company will inform You about the price of the Subscription in the description page of the Subscription above the Select your Plan button

7.2 The Subscription may be suspended in case You do not pay the sums generated from the use of the Subscription.

7.3 In case of suspension of the Subscription for any reason, You will not be able to access the Service offered within the Subscription.

7.4 In case You do not pay the sums generated from the use of the Subscription, besides any attempts to retry to bill You that the Company may try to employ, the Company may suspend access to the Subscription, and You will no longer have access to the Services within the Subscription, or permanently terminate access to the Subscription, in case the situation persists, applying these Terms of Use hereby defined for use of the App.

Limitation of Liability

8.1 The Company does not guarantee the quality, accuracy, correctness, or validity regarding the information and Content You input and share within the App, which are Your sole responsibility. You exonerate the Company from any obligations regarding the information and Content You input and share within the App, with the exception of the correctness of the collected sums from You purchasing the Subscriptions. Also, the Company will not be liable for the inadequate use or functioning of the App generated by maintenance works, incidents affecting Third Parties, faulty configuration of Your device and Your lack of capability to own a device capable to permit the access and use of the App.

8.2 The company is not responsible for any crimes committed by You that affect the rights of another App user, person, Third Party, including copyright, logos, patents, confidential information, or any other intellectual or industrial property right. The limited warranties and obligations mentioned in this article, as well as previous articles, will not affect or damage your fundamental rights offered by the law.

Intellectual and industrial property

9.1 By agreeing to these Terms of Service You acknowledge and respect that the App, Service, logos, trademarks, and any other works of creation included in the App are protected by copyright laws and that the intellectual and industrial property right belongs to the Company.

9.2 As a consequence You understand to respect these Terms of Service, current laws, intellectual and industrial property rights, being solely responsible for breaking them.

9.3 You understand not to harm any intellectual or industrial property right, the partial or total reproduction, public communication, distribution, or any other form of exploitation, including, but not being limited to the copying, modifying, selling, renting, borrowing, eliminating security elements or the creation of new works for the App, and its Service, or any related works, as well as the destruction, altering, decompiling, deactivation or production of damages to the App and the Service or any related creations being strictly forbidden. You also understand not to decompile, disassemble, use reverse engineering techniques, or any other possible means to obtain the source code, perform transformations or publish any of the elements or tools available in the App. You are solely responsible for any crime committed by You or any other persons who are in a relationship with You of any kind that affects the the rights of the owner of intellectual and industrial rights, making You liable to compensate the owner of the intellectual and industrial rights for the produced damages, disclaiming the Company from any complaint, legal or extralegal action, in which the Company is being called upon as a result of this type of usage.

Duration

10.1 You accept these Terms of Service from the moment you install the App on your Device.

10.2 The Company can, at any time, withdraw or eliminate the right to access the App or Service if You do not respect the clauses of these Terms of Service, but not limited to them. The Company reserves the right to restrict access to the App and to exercise its rights in all situations, even if they are not mentioned in these Terms of Service, and, however, they are applicable according to current laws.

10.3 If You do not want to use the Service or App anymore, You can uninstall the App from your Device, and You will no longer have access to the Service or App. If the App was uninstalled, it can be reinstalled at any time and You can use the Service and the App again any time you want.

Final Clauses

11.1 In case You encounter an incident or have questions related to the App, you can contact the Company through the information provided on Google Play, App Store, on the App's description page or at the email address admin@star.computer. These Terms of Service, as well as the payments and taxes can be modified by the Company at any time, according to current, applicable laws, for any legal, technical, operational, economic reasons, or reasons that relate to the services and market conditions. Any modifications within the application will be communicated to You through aimaker.pro or the App description page within Google Play, and App Store at the moment of their publication. Shutting down the App will be communicated to You on https://aimaker.pro 30 days in advance before shutting down the App.

11.2 If You do not agree with the modifications announced by the Company, You can cease the use of the App, or its Service with no penalties, or You can remain a user of the App, which means You agree and accept the modifications. Any updates to these Terms of Service will be included within https://aimaker.pro

11.3 To these Terms of Service the law of the United States of America applies. The Company has the right to modify at any time these clauses, the latest version of these Terms of Service being at all times accessible at https://aimaker.pro In case of litigation on the interpretation or execution of these Terms of Service, You can contact the competent courts to resolve the conflicts risen from or in relation to the App. The fact that the Company does not exercise its rights or does not perform actions included in these Terms of Service or applicable by current laws, will not be considered a renunciation of the Company's rights. If a competent court deems the clauses of these Terms of Service as invalid, those clauses will be eliminated from these Terms of Service without affecting the rest of the clauses, that remain valid and applicable in their entirety.