Privacy Policy
The effective date of these Terms of Use is 1st February 2023. You are using the mobile application MyMood Ai: Photo Editor (hereinafter referred to as “MyMood Ai”) provided by Ai Thumbnail Maker LLC (hereinafter referred to as “Company”, “we”, “us” or “our”). We are a mobile tech company focused on deep learning-based products. Our aim is to offer the most innovative avatar and thumbnail making tools on the internet.
By accessing or using MyMood Ai, you agree to these Terms of Use, which constitute a binding contract between you and the Company. If you don’t agree with these Terms, including the arbitration provision and class action waiver in Section 15, do not use MyMood Ai. Your continued use of MyMood Ai will imply your acceptance of these Terms.
If you’re using MyMood Ai on behalf of another person or entity, you confirm that you are authorized to accept these Terms on their behalf, and that the person or entity is responsible for any violations of these Terms. You affirm that you are of legal age to enter into these Terms. If using the Magic Avatars feature, you confirm that you are at least 18/21 years old (as per your jurisdiction).
For any questions regarding these Terms or MyMood Ai, please contact us at support@mymoodai.app Additional contact information can be found in Section 22 (How to Contact Us) of these Terms.
The MyMood Ai app utilizes a Neural Network Model known as Stable Diffusion to create custom Magic Avatars for users. If you have any questions about the technology, check out the FAQ section.
Here’s how it works: The user uploads 10 to 20 photos and selects their gender (or opts for “Other” if preferred). This information is used to retrain a copy of the Stable Diffusion model to personalize the Avatars. The generated Avatars and retrained model copy are then deleted from our servers permanently. There are restrictions on how Avatars can be used (e.g. no nude photos, no photos of others without consent), which can be found in Section 6.
Please note, we do not use your personal data to train or create other AI products. While we make efforts to monitor the AI model settings, it is possible that you may come across content that you find inappropriate. If this occurs, please reach out to us at support@mymoodai.app and we will take prompt action to improve the algorithm. Lastly, we kindly request that you follow the rules for using MyMood Ai outlined in Section 6 of these Terms.
1. DESCRIPTION OF SERVICES
Utilizing AI algorithms, MyMood Ai is a mobile application which enables users to upload and modify photos and videos in accordance with our Privacy Policy. We may change, expand, or improve the application at any time without prior notice and this may include disabling certain features. Additionally, using the App does not guarantee access to or availability of the aforementioned features. Any modifications or removals of parts of MyMood Ai are solely at our discretion.
2. ELIGIBILITY
Using MyMood Ai Age Requirements. To use MyMood Ai, you must be at least 13 years old, unless you reside in the European Economic Area (EEA) or the UK, where the minimum age is 16. If you are under the age of 18 (or the age of legal majority in your jurisdiction), you may only use MyMood Ai with a parent or guardian’s supervision and agreement to these terms. The responsibility for the actions of minors falls on the parent or guardian.Magic Avatars Limitation. To use the Magic Avatars feature, you must be of legal age, as determined by your jurisdiction. If you know of any minors using this feature, please inform us at support@mymoodai.app (refer to Section 22 of these terms for contact details).
Usage Representation. You promise to only provide accurate information and to use MyMood Ai in compliance with all laws. Previous violators and those prohibited from using MyMood Ai are not eligible to use it.
3. USER ACCOUNTS AND ACCOUNT SECURITY
By creating an account with MyMood Ai, you take on the responsibility of keeping your login information confidential and secure. You are responsible for all activity that occurs under your account, even if it’s without your knowledge or consent. Keeping your account information accurate and updated is your responsibility, and it’s important to let us know of any security breaches you suspect. In case of failure to comply, MyMood Ai is not liable for any loss or damage. To register your account, you may use a valid account from the app store where you downloaded MyMood Ai, such as Apple App Store or Google Play. Keep in mind that these third-party service providers are governed solely by your agreement with them.
4. PRIVACY
Please refer to our Privacy Policy for information about how we collect, process and transfer information about you when you Use MyMood Ai. Transfer and storage of information about you, whilst you Use MyMood Ai, is governed by our Privacy Policy. You acknowledge and agree that your Use of MyMood Ai is subject to our Privacy Policy.
5. USER CONTENT
TL;DR: You can upload your photos or videos to MyMood Ai and create creative edits or Avatars using AI. Your original and edited content belongs to you, and we need your permission to use it. This permission is revoked when you delete your content or account. For Magic Avatars, the permission automatically ends when the Avatars are generated.
MyMood Ai allows you to upload, edit, store and share content like photos and videos, which are known as “User Content.” We do not own this content, including AI-generated Avatars. In order to operate MyMood Ai and improve our services, you grant us a limited, revocable license to use your User Content for a specific purpose, subject to your explicit consent where required by law. This license is for operating and improving MyMood Ai, including training the AI for the Magic Avatars feature. It terminates when you delete your content or account, or when your Avatars are ready. You agree that our use of your User Content will not cause any harm to you or anyone you authorize.
The content you upload must comply with certain rules. To put it simply, you should either own the photos or videos you upload or have the proper license to do so. If you upload content featuring someone other than yourself, make sure you have their consent. If claims are made against MyMood Ai due to your unauthorized use of third-party content, you will be responsible for compensating MyMood Ai for any damages.
You guarantee that:
You own the User Content or have the right to grant MyMood Ai the rights and licenses stated in the terms
You will pay for any royalties or fees owed for the User Content you upload to MyMood Ai
You have obtained the necessary consent from anyone depicted in the User Content
You have the legal capacity to agree to these terms
It’s important to not upload content that goes against these terms or that you don’t have the right to use. You also agree to protect MyMood Ai from any unauthorized use of third-party content that you may have used.Please note that MyMood Ai earns revenue through advertisements and may display ads and promotions with your User Content.
The way, frequency, and extent of these ads may change without notice. MyMood Ai is not responsible for any loss of User Content outside of its control, such as a security breach, but will inform you in accordance with its Privacy Policy.
6. PROHIBITED BEHAVIOR & CONTENT
TL;DR: This extensive list details actions that would be considered a violation of the agreement between you and MyMood Ai. To keep the user experience positive, it’s important to use MyMood Ai responsibly and within the bounds of the terms
Usage of Magic Avatars.MyMood Ai lets you utilize AI to create Avatars, just like you would with any other image creation tool.You own the rights to the Avatars generated through our AI.However, it’s your responsibility to make sure that using the Avatars you create doesn’t violate any laws (e.g. privacy, IP), and isn’t offensive, obscene, harmful, or spreading misinformation.We recommend erring on the side of caution if you’re unsure about the legality of using the Avatars for commercial purposes.
Also, selling or using the Avatars for third-party gain or in any way not allowed in these Terms is prohibited.General guidelines. You must comply with contracts, laws, and third-party rights, and are solely accountable for your behavior while using MyMood Ai.
You guarantee, promise, and agree not to engage in the following prohibited behavior while using MyMood Ai:Behavior that’s harmful, fraudulent, deceptive, harassing, threatening, intimidating, obscene, or otherwise objecting.Selling or using for third-party gain, or any manner not allowed in these Terms.Interfering with, disrupting, negatively affecting, or damaging MyMood Ai or other users’ enjoyment of MyMood Ai.
Decrypting, decompiling, disassembling, or reverse engineering MyMood Ai, accessing any unauthorized parts of MyMood Ai, or scraping data.Using third-party apps without written consent, displaying or mirroring MyMood Ai without consent, using trademarked materials without consent.
Gaining unauthorized access, interfering with, or disrupting servers, computers, or databases connected to MyMood Ai.Copying, modifying, hosting, sublicensing, or reselling MyMood Ai.Illegal or unauthorized activities, promoting any activities that violate these Terms.Advertising products/services in MyMood Ai without written approval.Breaking any laws or regulations.
Your use of MyMood Ai must comply with these terms. Only share non-confidential content for which you have the necessary rights. Do not upload, store, or share any content that:
is illegal, offensive, abusive, or fraudulentencourages criminal activity or violates anyone’s rights
sexualizes others, including minors, or facilitates inappropriate interactions
infringes on anyone’s intellectual property rights
reveals anyone’s private information without consent
contains harmful files or content
is objectionable or harmful in any way
Additionally, you agree not to use MyMood Ai or its Stable Diffusion AI technology for purposes that violate the Stable Diffusion AI license, including but not limited to:
breaking any laws
harming minor
spreading false or harmful information
revealing personal information to cause harm
defaming or harassing others
making automated decisions that harm individuals
discriminating against individuals or groups
exploiting vulnerable groups
providing medical advice
using information for justice or law enforcement purposes
We may monitor your use of MyMood Ai to ensure compliance with these terms and may cooperate with law enforcement. We reserve the right to modify or discontinue MyMood Ai at any time.
7.LIMITED LICENSE; COPYRIGHT AND TRADEMARK
MyMood Ai owns or is licensed all text, graphics, images, photographs, videos, audio, music (excluding Music Content defined elsewhere), illustrations, trademarks, trade names, page headers, icons, scripts, service marks, logos, slogans, filters, tools and other content in the app, excluding User Content, referred to collectively as “MyMood Ai Content” and its intellectual property rights.
These rights are protected under US and foreign laws. MyMood Ai and its licensors reserve all rights, title and interests to the MyMood Ai Content, except as explicitly stated in the Terms. The Terms include a limited, non-transferable license for personal use, but this license is subject to the Terms and any Supplemental Terms and does not permit selling, copying, modifying, or using MyMood Ai or MyMood Ai Content for commercial purposes.
Unauthorized use of MyMood Ai or MyMood Ai Content is prohibited and terminates the license granted by the Terms. The User is responsible for obtaining necessary releases for using Music Content outside MyMood Ai, and MyMood Ai does not grant rights or make warranties for such use.
8. IN-APP PURCHASES AND SUBSCRIPTIONS
You can access free versions of MyMood Ai or opt for a premium subscription with added features for editing photos and videos. Certain features require payment, such as generating Avatars. Only those 18 and older are eligible to make these purchases. The Apple App Store or Google Play will manage your subscription and related payments.For paid content, you must be 18 years or older (or the age of legal majority where you live), and you may only use the purchased content for personal, non-transferable, and non-sublicensable purposes. You may purchase such content through third-party providers, like Apple or Google Play, which may have additional terms.Your subscription will renew automatically until cancelled. Contact the third party for refunds or managing your purchased content. We are unable to access financial transactions or modify them due to privacy concerns. To cancel your subscription, sign in and follow the cancellation instructions. For refunds on Apple purchases, refer to the guidance provided, and for Google purchases, check the information on refunds available on Google Play.Please note that under normal circumstances, we are not required to provide refunds and you will not receive compensation for unused purchased content, regardless of the reason for the loss.
9. COPYRIGHT INFRINGEMENT
Our commitment is to honor the legitimate rights of copyright holders. If there’s any content displayed on our platform that infringes someone’s copyright, kindly notify us. The procedure is described in detail below.In line with the Digital Millennium Copyright Act (17 U.S.C. § 512), a written notification, known as the DMCA Notice, must be submitted to our designated copyright agent and must include the following:
Signature of the copyright owner or their authorized representative
Identification of the copyrighted work claimed to be infringed
Identification of the infringing User Content and its location on MyMood Ai
Contact information for the copyright owner or authorized representative (name, email, postal address, telephone number)
Statement of good faith belief that the use is not authorized
Statement, under penalty of perjury, that the information provided is accurate and the sender is the copyright owner or their authorized representative.
Failure to comply with the above requirements may result in the ineffectiveness of the DMCA Notice. However, you may send a follow-up notice.Please note that knowingly making false copyright infringement claims can result in liability for damages including costs and attorneys’ fees as per Section 512(f) of the DMCA.In cases of repeated copyright infringement by a User, we may take steps to disable their access to MyMood Ai.
10. FEEDBACK
We appreciate any and all Feedback you provide about MyMood Ai. This can include questions, comments, suggestions, and creative materials. You can submit your Feedback by using the “Send Feedback” button in the app’s settings or by reaching out to us through support@mymoodai.app Please note that your Feedback is not considered confidential and becomes our property once submitted. We have the right to use and disseminate it for any purpose without compensation to you. Additionally, you have the option to update or add to your Feedback, which we’ll take into consideration. If we choose to make your Feedback public, we will not include your personal information unless you give us explicit consent.
11. INDEMNIFICATION
In the event of a violation of these Terms, and if we are faced with claims related to it, you agree to compensate us financially. This includes any loss, liability, claim, demand, damages, expenses, or costs that may arise from your use of MyMood Ai, User Content or Feedback, violation of rights of others (e.g. intellectual property or privacy), or conduct in connection with MyMood Ai. You must promptly inform us of any third-party claims, assist us in defending them, and pay all associated fees and expenses, including attorneys’ fees. Additionally, you agree that we and other Company Parties will have control over the defense or resolution of any third-party claims. This indemnity complements, rather than replaces, any other indemnification agreed upon in writing between you and us or other Company Parties.
12. DISCLAIMERS
Note: MyMood Ai is provided on an “as is” basis, with no warranties or guarantees. Results generated by the Magic Avatars feature may not be accurate or suitable for all users, as this feature is powered by external technology that we cannot fully control. If you come across any content that you find offensive or unacceptable, please report it to us at support@mymoodai.app We appreciate your help in maintaining a positive user experience on MyMood Ai.TL;DR: MyMood Ai has no guarantees, Magic Avatars results may not be suitable or accurate, report offensive content to support@mymoodai.app
13. LIMITATION OF LIABILITY
The Company and its affiliates cannot be held responsible for any indirect, incidental, special, punitive or consequential damages resulting from contract, tort, negligence, strict liability, warranty or any other theory of liability. The maximum amount of liability the Company and its affiliates may face for any claims in relation to these Terms or MyMood Ai is limited to the amount you have paid to use MyMood Ai, or ten dollars if you have not made any payments. This exclusion of damages is an essential part of the agreement between the Company and you. However, the limitations in this section do not apply to cases of fraud or intentional misconduct, or situations where liability cannot be excluded or limited under the law. Please note that some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the aforementioned limitations may not apply to you.
14. RELEASE
With the greatest extent allowed by law, you relieve the Company and its affiliated parties from any and all responsibility, liabilities, demands, claims, and damages (direct and indirect) of every sort, known or unknown (including, but not limited to, allegations of negligence), resulting from conflicts between users or the actions/inactions of third parties. By consenting to this release, you knowingly surrender any rights you may hold and any other laws or common legal principles that would otherwise limit this release to only include claims you are aware of or suspect to exist in your favor.
15. DISPUTE RESOLUTION; BINDING ARBITRATION
Kindly take note of the following section as it mandates arbitration of certain claims against the Company and restricts the ways in which you can seek relief. With the exception of small claims cases where you or the Company initiate an individual action in a small claims court in your billing address county, or disputes in which you or the Company request injunctive or other equitable relief for alleged intellectual property violations, you and the Company waive your right to a jury trial and the option to have any dispute regarding these Terms or MyMood Ai resolved in court.Instead, all disputes arising from or related to these Terms or MyMood Ai will be settled through confidential binding arbitration conducted in Delaware in accordance with the Streamlined Arbitration Rules and Procedures from the Judicial Arbitration and Mediation Services (JAMS). You either acknowledge that you have read and understand the JAMS rules or forfeit the opportunity to do so, and waive any claims that the JAMS rules are unjust or inapplicable.Any arbitration conducted under these Terms will only be on an individual basis, and class arbitrations, class actions, representative actions, or consolidated arbitrations are not allowed. You also forfeit your right to have your case decided by a jury and to participate in a class action against the Company.You and the Company acknowledge that these Terms concern interstate commerce and that this Section 15 will be governed by the Federal Arbitration Act, with the maximum extent allowed by law. The arbitrator will have complete authority to make procedural and substantive decisions concerning any dispute and to award any remedy available in court, under the limitations of the FAA and JAMS Rules. The arbitrator is not authorized to conduct class arbitrations, representative actions, or consolidated proceedings involving multiple individuals.You will pay the filing fee for any arbitration you initiate, while the Company will pay the remaining JAMS fees and costs. For any arbitration initiated by the Company, the Company will bear all JAMS fees and costs. You and the Company agree that the state or federal courts of Delaware and the United States sitting in Delware, have sole jurisdiction over any appeals and enforcement of arbitration awards.Any claims arising from or related to these Terms or MyMood Ai must be filed within one year of the claim’s occurrence, or else the claim will be permanently barred and you and the Company will be unable to assert it.You have 30 days from the date you first accepted these terms to opt out of binding arbitration by sending written notification to the Company. The opt-out notice must include your full name and clearly state your intent to opt out of binding arbitration. To be effective, send the opt-out notice to:
Ai Thumbnail Maker, LLC | support@mymoodai.app
By opting out of binding arbitration, you agree to resolve disputes in accordance with Section 16.
16. GOVERNING LAW AND VENUE
By using MyMood Ai, Users are subject to the laws of Delaware and must also abide by any local legislation valid in their own jurisdiction.
Nevertheless, legal agreements related to our services in certain countries including those in the European Union might require them to be governed by the laws of their respective locales. This paragraph is not intended to override such rules.
In case of any dispute between the Company and users which can’t be addressed via arbitration or small claims court, they shall be solved through the courts of Delaware, USA sitting in that State.
17. CHANGES TO THESE TERMS
We may, from time to time, modify the Terms by posting the amended version on our Site. When substantial changes are made, we will update the “Effective date” at the top of this page and inform you about them via any means of communication deemed fit. This could be in-app consent or email. Should you not agree to the altered terms, please discontinue using MyMood Ai promptly. Your continued Use of our app after receiving such notification is an indication of your agreement with these changes.
18. ELECTRONIC COMMUNICATIONS
By utilizing MyMood Ai, you agree to receive electronic communications from us including emails, push notifications and Site-posted notices. These fulfill any legal communication needs with regards to writing and form part of your relationship with us; such may include updates about MyMood Ai, the purchased content, operational messages (technical/security notices, updates to the Privacy Policy & Terms), amendments concerning existing or new features (price fluctuations/scope changes).You can opt-out of promotional emails by following the link provided in the email or changing your device settings. You may also disable push notifications through device settings or contact us at support@mymoodai.app
19. TERMINATION
We reserve the right to end your access to MyMood Ai, with no notice or warning, at our sole discretion. We are not liable for any harm or loss resulting from your inability to Use MyMood Ai. Upon dissolution, interruption, or termination of MyMood Ai, all provisions of these Terms will remain intact; such as ownership rights, disclaimers, liability limitations and dispute resolution clauses.
20. EXPORT AND ECONOMIC SANCTIONS CONTROL
You certify that you reside in a country not subject to a US government embargo, and are not on any denied party lists, such as those maintained by OFAC (Office of Foreign Assets Controls) or ITAR (International Traffic in Arms Regulations). You declare that you will adhere to all US and international export laws with regards to the application and technology from MyMood Ai. Furthermore, neither the application nor any related data or products derived from such technology shall be exported or reexported without prior authorization from MyMood Ai.
21. ADDITIONAL TERMS APPLICABLE TO IOS DEVICES
These Terms apply only between you and us. The App and its contents are our sole responsibility. The usage rules may also have additional restrictions specified in Apple’s usage rules at the time of downloading, which take precedence over other rules if they are stricter. You acknowledge that you have reviewed Apple’s usage rules before accepting these Terms.The license granted to you is limited to using the App on your own iPhone, iPod touch, or iPad in accordance with Apple’s usage rules in the App Store’s terms of service.Apple is not obligated to provide maintenance or support for the App, and both you and us acknowledge this.Apple assumes no responsibility for product warranties for the App, express or implied by law. If the App fails to conform to any warranty, you may notify Apple, who will refund the purchase price (if any) and have no further warranty obligations. Any warranties applicable to the App are disclaimed by the Company, and any failure to conform to such warranties is the Company’s sole responsibility.The Company, not Apple, is responsible for addressing claims related to the App, including product liability, non-compliance with legal or regulatory requirements, and consumer protection claims.
Intellectual Property. You and the Company recognize that in the event a third party asserts that the App or your use of it infringes their intellectual property rights, the Company, not Apple, shall be responsible for conducting the investigation, defending, resolving, and discharging any such intellectual property infringement claim, as required by these Terms.Compliance with Law. You guarantee that (1) you are not located in a country under U.S. government embargo, or designated by the U.S. government as a “terrorist supporting” country, and (2) you are not on any U.S. government list of prohibited or restricted individuals.Developer Contact Information. For inquiries, grievances, or claims related to the App, please direct them to:
Ai Thumbnail Maker, LLC
8 The Green, Suite B
Dover Delaware, 19901
support@mymoodai.app
Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the App.Third-Party Beneficiary. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof).
HOW TO CONTACT US
If you have any questions, complaints or claims with respect to these Terms or MyMood Ai, please contact us via email at support@MyMood Aime.ai or our mailing address:
Ai Thumbnail Maker, LLC
8 The Green, Suite B
Dover Delaware, 19901
support@mymoodai.app
MISCELLANEOUS
The Terms of Use for MyMood Ai outline the entire agreement between you and the company, superseding all previous agreements. The language used in these terms is English only. You give up your right to require localization or non-electronic record delivery/retention. The company’s failure to enforce a right doesn’t mean it’s been waived and the exercise of any remedy by either party won’t limit their other options. If any part of the terms is declared invalid, the rest will still be in effect. The terms are for the benefit of you and the company only and cannot be transferred without consent. Any attempt to transfer rights without consent will be void.
The company can transfer its rights and obligations under these terms freely.
The terms will bind both parties, their successors, and permitted assigns.
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