Meaning and Definitions

Meaning

Words starting with a capital letter have meanings defined under the following circumstances. The subsequent definitions have identical meaning regardless of whether they appear in singular or plural form.

Definitions

Affiliate refers to an entity controlling, controlled by or under shared control with a party, where "control" denotes owning 50% or more of the shares, equity interest or other securities entitled to elect directors or other managing authorities.

Country relates to: California, United States

Company (referred to as either "the Company", "We", "Us" or "Our" herein) refers to nakeds.ai.

Device denotes any device able to access the Service like a computer, cellphone or digital tablet.

Feedback refers to feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

Service relates to the Website.

Pro Plan refers to the paid subscription.

Private Mode refers to a feature available only to Pro users.

Free Plan refers to the service that is free to utilize.

Image Generation Service relates to the underlying AI generating images.

Subscriptions refer to the services or access to the Service offered by nakeds.ai to You on a subscription basis.

Terms and Conditions (also called "Terms") denote these Terms and Conditions forming the entire agreement between You and nakeds.ai regarding the use of the Service.

Third-party Social Media Service refers to any services or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by the Service.

Website refers to nakeds.ai, accessible from nakeds.ai

You refers to the individual accessing or utilizing the Service, or nakeds.ai, or other legal entity on whose behalf such individual is accessing or utilizing the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the utilization of this Service and the agreement operating between You and nakeds.ai. These Terms and Conditions establish the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others accessing or using the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over 18 years old. nakeds.ai does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of nakeds.ai. Our Privacy Policy describes Our policies and procedures on collecting, using and disclosing Your personal information when You utilize the Application or Website and informs You about Your privacy rights and how the law protects You. Please read Our Privacy Policy thoroughly before using Our Service.

Licensing

Subject to your compliance with this Agreement, the conditions herein and any limitations applicable by law:

(i) For images generated in "Private Mode" (available to Pro users, with no watermark):

- You are granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, freely revocable license to access and use the Service for business or personal use.

- You own all assets created with the Service.

- All rights, title and interest in and to such assets are assigned to you for your personal or commercial use.

- Each person must have a unique Pro account and is responsible for any activity conducted on their account.

- A breach or violation of any of these terms may result in immediate termination of the right to use the Service.

(ii) For Free Plan users (or Pro users not using Private Mode):

- nakeds.ai reserves all rights to the assets created with the Service, but allows users to share the assets on other websites subject to the following conditions:

- The user must provide proper attribution to nakeds.ai. The presence of the nakeds.ai watermark on the images shall be considered proper attribution and satisfy the requirement for proper attribution for sharing the assets on other websites.

- The sharing must not violate any laws or infringe upon the rights of any third parties.

- The user must not use the assets for commercial purposes without nakeds.ai’s express written consent.

Please note that these conditions are in addition to the terms outlined in the original agreement and must be fully complied with. Any breach or violation of these conditions may result in termination of the user’s right to share the assets on other websites.

Subscriptions

Subscription Period

The Service or some parts of the Service are only available with a paid Subscription. You will be billed monthly or annually in advance based on the type of Subscription you select.

Subscription Cancellations

You may cancel Your Subscription renewal either through the Banksy account settings page or by contacting nakeds.ai. You will not obtain a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Rate Limits

nakeds.ai reserves the right to implement rate limits for users of the Service, both Pro and Free, in order to maintain the functionality and performance of the site. These rate limits may include restrictions on the frequency and volume of requests made to the Service and may be adjusted periodically at the sole discretion of nakeds.ai. Users agree to abide by any rate limits imposed and acknowledge that exceeding such limits may result in temporary or permanent suspension of their access to the Service.

Billing

You shall provide nakeds.ai with accurate and complete Banksy account information. You shall promptly update your Banksy account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

Fee Changes

nakeds.ai, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

Refunds

Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of nakeds.ai.

Rules and Conduct

The Image Generation Service is intended for personal use only and may not be used for commercial purposes without the express written consent of nakeds.ai. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Image Generation Service or any part thereof. You may not redistribute the Image Generation Service or make it available to others in any way, unless specifically authorized by nakeds.ai in writing. Any unauthorized commercial use, reproduction, distribution, public performance, or public display of the Image Generation Service may result in termination of your right to use the Image Generation Service and may also infringe upon the rights of nakeds.ai and/or third parties.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of nakeds.ai and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if nakeds.ai or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, nakeds.ai, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, nakeds.ai provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither nakeds.ai nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of nakeds.ai are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting nakeds.ai.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Severability and Waiver

Severability If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Waiver Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.