Terms of Service
Introduction
These Terms of Use and End User License Agreement (the "Agreement") constitute a legally binding agreement between you (the "User" or "you") and iDec Apps S.L. ("iDec Apps", "we", "us", or "our"), a company registered in Spain with registered office and CIF: B02687416, regarding your use of our application (the "App").
By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree to these terms, you must not download, install, access, or use the App.
License grant
Subject to your compliance with this Agreement, iDec Apps grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on compatible devices that you own or control, solely for your personal, non-commercial purposes.
Restrictions
You agree not to, and will not permit others to:
a) License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the App or make the App available to any third party.
b) Copy, modify, adapt, translate, make derivative works of, disassemble, decompile, reverse compile, reverse engineer, or attempt to derive the source code of the App or any part thereof, except to the extent expressly permitted by applicable law.
c) Use the App in any manner that could damage, disable, overburden, or impair the App or interfere with any other party's use of the App.
d) Use the App to violate any applicable law, regulation, or third-party rights.
e) Use the App to create, upload, or share content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
AI-generated images disclaimer
You expressly acknowledge and agree that:
a) The images generated by the App use artificial intelligence technology and may not be 100% accurate or correct.
b) AI-generated images may contain errors, inaccuracies, or completely erroneous representations.
c) iDec Apps makes no warranties regarding the accuracy, quality, or appropriateness of any AI-generated images.
d) You are solely responsible for how you use any AI-generated images created through the App.
e) You will not use AI-generated images in ways that could mislead others about their nature or origin.
User-provided content for model training
If you provide images or other content for model training:
a) You acknowledge and agree that any images you provide to us for training our AI models will be used to improve and train models capable of generating more realistic images.
b) You understand and accept that the quality of any resulting AI-generated images based on your provided content depends significantly on the quality, quantity, and variety of the photos you submit.
c) We do not guarantee any specific results or level of realism in AI-generated images based on your training images.
d) By providing images for training, you grant iDec Apps a worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with the App and iDec Apps' business operations.
e) You represent and warrant that you own or have the necessary rights, consents, and permissions to grant the above license.
User accounts
a) You may be required to create a user account to access certain features of the App. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account.
b) You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
c) We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.
Privacy
Our collection, use, and disclosure of personal information in connection with the App is governed by our Privacy Policy, which is incorporated into this Agreement by reference.
Intellectual property rights
a) The App, including all content, features, and functionality thereof, is owned by iDec Apps, its licensors, or other providers and is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
b) Except as expressly set forth in this Agreement, no license or other right to the App or its content is granted to you, by implication, estoppel, or otherwise.
c) AI-generated images created through the App may be subject to separate terms regarding ownership and usage rights, as specified within the App.
Third-party services
a) The App may display, include, or make available third-party content or provide links to third-party websites or services. We do not control, endorse, or assume responsibility for any third-party content, websites, or services.
b) Any dealings you have with third parties while using the App are between you and the third party, and you agree that iDec Apps is not liable for any loss or claim that you may have against any such third party.
Updates and modifications
a) iDec Apps may from time to time develop and provide updates to the App, which may include upgrades, bug fixes, patches, and other error corrections, and/or new features. Updates may also modify or delete in their entirety certain features and functionality.
b) You agree that iDec Apps has no obligation to provide any updates or to continue to provide or enable any particular features or functionality.
c) We reserve the right to modify this Agreement at any time. If we make material changes to this Agreement, we will notify you by email, through the App, or by presenting you with a new version of the Agreement for you to accept.
Disclaimer of warranties
The App is provided "as is" and "as available," without warranty of any kind. To the maximum extent permitted by applicable law, iDec Apps explicitly disclaims all warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Without limiting the foregoing, iDec Apps makes no warranty that the App will meet your requirements, operate without interruption, achieve any intended result, be compatible or work with any other software, applications, systems, or services, or be secure, accurate, complete, free of harmful code, or error-free.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall iDec Apps be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the App, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not iDec Apps has been informed of the possibility of such damage.
In no event shall iDec Apps' total liability to you for all claims related to the App exceed the amount you paid to iDec Apps for the App in the twelve (12) months immediately preceding the event giving rise to such liability, or fifty euros (€50.00), whichever is greater.
Indemnification
You agree to indemnify, defend, and hold harmless iDec Apps and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the App or your breach of this Agreement.
Termination
a) This Agreement is effective until terminated by you or iDec Apps.
b) Your rights under this Agreement will terminate automatically without notice from iDec Apps if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the App and delete all copies of the App from your devices.
c) You may terminate this Agreement by deleting the App and all copies thereof from your devices.
d) Upon termination of this Agreement, any provisions that by their nature should survive termination shall remain in effect.
Export regulations
The App may be subject to export control laws. You agree to comply with all applicable international and national laws that apply to the App, including all applicable export restriction laws and regulations.
Governing law and dispute resolution
This Agreement and any dispute arising out of or in connection with it shall be governed by and construed in accordance with the laws of Spain, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of or related to this Agreement or the App shall be instituted exclusively in the courts of Spain, and you irrevocably submit to the jurisdiction of such courts.
If you are a consumer and have your habitual residence in the European Union, the laws and courts of your country of residence may apply according to mandatory consumer protection regulations.
Severability
If any provision of this Agreement 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
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
Entire agreement
This Agreement, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitutes the entire agreement between you and iDec Apps concerning the App and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the App or any subject matter covered by this Agreement.
Contact information
If you have any questions, concerns, or comments about this Agreement, please contact us at:
Email: contact@idecapps.com
iDec Apps S.L.
Spain
CIF: B02687416