Terms of Service
Last updated: May. 2021
Welcome to PhotoAI! We’re excited you’ve decided to use PhotoAI, all of which we refer to simply as the “Services.”
We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: These Terms do indeed form a legally binding contract between you and PhotoAI. So please read them carefully.
By accessing our app, PhotoAI, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing PhotoAI. The materials contained in PhotoAI are protected by applicable copyright and trademark law.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND LIVECHAT AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND LIVECHAT WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Who Can Use the Services
No one under 18 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.
By using the Services, you state that:
You can form a binding contract with PhotoAI
You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction—meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.
You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
2. Rights We Grant You
PhotoAI grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies, such as our Community Guidelines, allow.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
3. Rights You Grant Us
Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected.
For all Services other than Live, Local, and any other crowd-sourced Service, you grant PhotoAI a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
Because Live, Local, and any other crowd-sourced Services are inherently public and chronicle matters of public interest, the license you grant us for content submitted to those Services is broader. In addition to granting us the rights mentioned in the previous paragraph, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display content submitted to Live, Local, or any other crowd-sourced Services in any form and in any and all media or distribution methods (now known or later developed). To the extent it’s necessary, when you appear in, create, upload, post, or send Live, Local, or other crowd-sourced content, you also grant PhotoAI and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice. This means, among other things, that you will not be entitled to any compensation from PhotoAI or our business partners if your name, likeness, or voice is conveyed through Live, Local, or other crowd-sourced Services, either on the PhotoAI application or on one of our business partner’s platforms.
For more information about how to tailor who can watch your content, please take a look at our Privacy Policy and Support Site.
While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.
The Services may contain advertisements. In consideration for PhotoAI letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content.
We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.
4. The Content of Others
Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although PhotoAI reserves the right to review all content that appears on the Services and to remove any content that violates these Terms, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.
Through these Terms and our Community Guidelines, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms or Guidelines.
5. Privacy
Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful look because, by using our Services, you agree that PhotoAI can collect, use, and transfer your information consistent with that policy.
6. Respecting Other People's Rights
PhotoAI respects the rights of others. And so should you. You therefore may not upload, post, send, or store content that:
violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right.
bullies, harasses, or intimidates.
defames.
spams or solicits our users.
You must also respect PhotoAI’s rights. These Terms do not grant you any right to:
use branding, logos, designs, photographs, videos, or any other materials used in our Services.
copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms.
use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.
In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.
7. Respecting Copyright
PhotoAI honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if PhotoAI becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please fill out this form. Or you may file a notice with our designated agent:
PhotoAI
Attn: Copyright Agent
email: PhotoAIhelp@gmail.com
If you file a notice with our Copyright Agent, it must comply with the requirements of related Singapore law. That means the notice must:
contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner.
identify the copyrighted work claimed to have been infringed.
identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material. provide your contact information, including your address, telephone number, and an email address.
provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
8. Safety
We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
You will not use the Services for any purpose that is illegal or prohibited by these Terms.
You will not post any objectionable content, or send any objectionable content to other users.
You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
You will not use or attempt to use another user’s account, username, or password without their permission.
You will not solicit login credentials from another user.
You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
You will not probe, scan, or test the vulnerability of our Services or any system or network.
You will not encourage or promote any activity that violates these Terms. We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never live video chat and drive. And never put yourself or others in harm’s way just to capture a photo.
9. Your Account
You are responsible for any activity that occurs in your PhotoAI account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.
By using the Services, you agree that, in addition to exercising common sense:
You will not create more than one account for yourself.
You will not create another account if we have already disabled your account, unless you have our written permission to do so.
You will not buy, sell, rent, or lease access to your PhotoAI account, a PhotoAI username, or a friend link without our written permission.
You will not share your password.
You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
If you think that someone has gained access to your account, please immediately reach out to PhotoAIhelp@gmail.com
10. Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
If you change or deactivate the mobile phone number that you used to create a PhotoAI account, you must update your account information through Settings within 72 hours to prevent us from sending to someone else messages intended for you.
11. Third-Party Services
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. PhotoAI is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
12. Features of the Service - Virtual Items
The Service offers a feature allowing users to 'purchase' (a) virtual currency, including but not limited to virtual cards (“Cards”) for use in the Service; or (b) virtual in-Service items (“Gifts”). Any Cards, and/or Gifts that are gifted to Users (or received by you) within the Service are converted to Virtual “Coins” in the receiving User’s User Account. Virtual Cards, together with Gifts and Coins, are hereafter collectively referred to as 'Virtual Items.”The purchase of any Virtual Items must be made lawfully, under legitimate means, and with actual currency. Any Virtual Items obtained illegally or fraudulently will result in suspension, freeze or termination of User account.Notwithstanding your purchase or possession of such Virtual Items, you do not in fact 'own' the Virtual Items, and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, Company grants you a limited licence to use the Service, including software programs that may manifest themselves as these items.
By your use of the Service, and particularly Virtual Items, you agree that our distribution of any Virtual Items currently in your account (i.e. as a virtual 'tip' to any other User's account) may result in some revenue to such recipient User, as determined in Company's sole discretion, and is made solely at your own discretion; Once you have confirmed a transfer of any Virtual Item to another user's account, the action cannot be undone and the Virtual Item cannot be withdrawn. Notwithstanding, Company makes no guarantee that the amount or value of the Virtual Items you may give a User will correlate to the revenue such User may receive from us when they cash-out.
The purchase of Virtual Items is a completed transaction upon Company's confirmation of electronic payment from you via the iTunes App Store or Google Play. Any virtual currency balance shown in your User Account does not constitute a real world balance or reflect any stored value, but instead constitutes a measurement of the extent of your licence to the Virtual Items within the Service. You will not be able to sell Virtual Items in exchange for virtual or real currency credited back to your User Account, nor will you be able to receive a refund (“Refund”) of virtual or real currency for Virtual Items (including any virtual currency), including if your access to the Service has been suspended, limited or terminated pursuant to these Terms.
We determine the value (i.e. the exchange rate) of the Virtual Items in our sole discretion, based on your country of origin, and we have the right to modify the purchase exchange rate between actual currency and Virtual Cards from time to time, with or without reason, in our sole discretion. By your use of the Service, you confirm your understanding of and agree to accept the then-current exchange rate of any Virtual Items at the time of your purchase.
By your use of the service, you agree that your use of any purchased Virtual Items shall be solely for legitimate purposes within the Service, and that such use will comply with all applicable laws at all times (i.e. no exchanging of Virtual Items for any activity, product, conduct or services deemed unauthorised by these Terms or our Community Policy).
By your use of the Service and particularly Virtual Items, you confirm your understanding that the purchase of Virtual Items requires actual money. If you disagree with any part of, or do not fully understand our exchange rate policy, do not purchase or use any Virtual Items in connection with the Service, or terminate your account.
By your use of the Service and particularly Virtual Items, you confirm your understanding that we may change, modify or update these Terms, or the terms of sale in connection with the Virtual Items from time to time, and that such revised terms will apply to all subsequent purchases of any Virtual Items, and you agree that you will review these Terms and any terms regarding the sale of Virtual Items prior to making any purchase.
In the event your account balance is incorrect due to system maintenance or other technical failures as determined solely by us, we agree to make all necessary corrections and adjustments with respect to your account balance. If you have any questions, concerns or suggestions regarding purchases and/or payments regarding the Service, you may contact us.
User Inactivity. If your account remains inactive for six (6) consecutive months, all of your Virtual Items may be frozen. To unfreeze any such Virtual Items, you must email us and request that we unfreeze your account. Upon receipt of your request and review of your information, we will unfreeze your Virtual items as soon as possible.
13. Virtual Coins – Cashing-Out
Notwithstanding the above restriction regarding Refunds, any Coins or Virtual Items stored in your User Account that exceeds certain value in Coins, either by your own purchase or by receipt from another User may be 'cashed-out' for actual currency (each transaction, a “Cash-Out”). The threshold value in Coins, and the value of currency received from any Cash-Out will be based on an exchange rate and in a currency form determined by us, based on the location where you are using the Service, which we may set and change from time to time in our sole discretion. The Cash-Out exchange rate may also change due to the fluctuating value of the Cards, which may change between the time they were purchased and the time you decide to Cash-Out.
You must have an active payment receiving account to Cash-out. Your receiving account will be linked to your User Account when you Cash-Out and the payment will be processed within thirty (30) business days following any Cash-Out request.
The amount of any Cash-Out cannot exceed the amount of available funds in your User Account (as determined by the then-determined value of Virtual Items in your account). Depending on the location where you are using the Service, we have established minimum amounts required for any Cash-Out, as well as maximum amounts you may Cash-Out per day.
You are solely responsible for checking policy details and applicability of transaction fees in connection with the applicable electronic cash transfer service utilized in your Service location.
Each Cash-Out request will be manually approved by Company staff for security reasons which may take up to thirty (30) days following the Cash-Out request. Cash-out requests involving suspicious account activity and/or information may be denied. In some circumstances, the third-party transfer service provider processing the Cash-out request may place your Cash-Out funds received on a temporary hold based on minimal or no previous transaction history with Company to demonstrate a pattern of positive money exchanges. In any event, we will not be responsible in any way for any financial holds initiated by your electronic cash transfer service.
14. Confiscation of Virtual Items Due to Termination or Fraud
IMPORTANT: We take fraud extremely seriously. In addition to taking any applicable and necessary legal action, we have the right to permanently confiscate any Virtual Items from any User Account that we determine were purchased or acquired using fraudulent means; this includes confiscation of any Virtual Gifts received by you from another User in which such Virtual Gifts were purchased fraudulently. In the event we determine that any Virtual Items in your possession were fraudulently purchased, we will notify you prior to confiscation and allow you an opportunity to make an appeal via the app.
If we terminate your account for fraud, any outstanding Virtual Items remaining in your account at the time of termination may be irrevocably confiscated, accordance with our Account Termination Policy specified below.
15. Subscriptions
Auto-Renewal; Automatic Card Payment
Subscriptions are automatically renewed, until you terminate or cancel the subscription. When you purchase a subscription, your Payment Method will continue to be billed monthly in advance within 24 hours of the date of the initial purchase at the price you agreed to when initially subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement. You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase.
You may unconditionally withdraw your consent to automatic card payments at any time.
If you want to change or terminate your subscription, you will need to log into your third party account (or Account Settings on PhotoAI) and follow instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the PhotoAI application from your device. Deleting your account on PhotoAI or deleting the PhotoAI application from your device does not terminate or cancel your subscription; PhotoAI will retain all funds charged to your Payment Method until you terminate or cancel your subscription on PhotoAI or the third party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
15.1 Free trial
We might offer a subscription with a free trial for a limited period of time. If you enter your billing information when getting a subscription with a free trial, you will not be charged on your Apple ID account until within 24 hours prior to the end of the free trial. Payment for the subscription will be charged unless the subscription is canceled at least 24 hours before the end of the trial period. At any time and without notice we can modify the terms and conditions of the free trial offer.
15.2. Price changes
At any time we can modify the subscription price. A change in subscription price will become effective at the end of the current subscription period. We will notify you within a reasonable time of a change in price to give you an opportunity to cancel your subscription before the change becomes effective.
16. Modifying the Services and Termination
We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
While we hope you remain a lifelong PhotoAI chatter, you can terminate these Terms at any time and for any reason by deleting your account.
PhotoAI may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
Regardless of who terminates these Terms, both you and PhotoAI continue to be bound by Sections 3, 6, 9, 10, and 13-22 of the Terms.
17. Indemnity
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless PhotoAI, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
18. Disclaimers
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE LIVECHAT ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
LIVECHAT TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH LIVECHAT WILL BE RESPONSIBLE FOR.
19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIVECHAT AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF LIVECHAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIVECHAT’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID LIVECHAT, IF ANY, IN THE LAST 12 MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
20. Arbitration, Class-Action Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND LIVECHAT TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
1. Applicability of Arbitration Agreement. You and LIVECHAT agree that all claims and disputes, including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and LIVECHAT are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” includes claims and disputes that arose between us before the effective date of these Terms.
2. Arbitration Rules. The related HK arbitration act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the Hong kong International Arbitration Centre (“HIAC”) and will be governed by the HIAC Arbitration Rules, available here as of the date of these Terms. If the HIAC is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
3. Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
4. Fees. If you choose to arbitrate with PhotoAI, you will not have to pay any fees to do so. That is because PhotoAI will reimburse you for your filing fee and the HIAC’s Consumer Arbitration Rules provide that any hearing fees and arbitrator compensation are our responsibility. To the extent another arbitral forum is selected, PhotoAI will pay that forum’s fees as well.
5. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and PhotoAI The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and PhotoAI
6. Waiver of Jury Trial. YOU AND PhotoAI WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and PhotoAI are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and PhotoAI over whether to vacate or enforce an arbitration award, YOU AND LIVECHAT WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
7. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 18.
8. Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
9. Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor PhotoAI can force the other to arbitrate. To opt out, you must notify PhotoAI in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your PhotoAI username and the email address you used to set up your PhotoAI account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must email the opt-out notice to PhotoAIhelp@gmail.me.
10. Small Claims Court. Notwithstanding the foregoing, either you or PhotoAI may bring an individual action in small claims court.
11. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with PhotoAI
21. Exclusive Venue
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and PhotoAI agree that all claims and disputes, including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the Hong kong District Court for the Central.
22. Choice of Law
Except to the extent they are preempted by Hong kong law, other than its conflict-of-laws principles, Hong kong law govern these Terms and any claims and disputes arising out of or relating to these Terms or their subject matter, including tort and statutory claims and disputes.
23. Severability
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
24. Additional Terms for Specific Services
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services.
25. Final Terms
These Terms make up the entire agreement between you and PhotoAI, and supersede any prior agreements.
These Terms do not create or confer any third-party beneficiary rights.
If we do not enforce a provision in these Terms, it will not be considered a waiver.
We reserve all rights not expressly granted to you.
You may not transfer any of your rights or obligations under these Terms without our consent.
These Terms were written in English and to the extent the translated version of these Terms conflict with the English version, the English version will control.
25. Contacting Us
If you have any questions about our Terms or any term-related matters, please contact us via email at PhotoAIhelp@gmail.com .