Terms of Service

1. User Eligibility

By accessing or using CookieML ("the Service"), you confirm that you are at least 18 years old or the age of majority in your jurisdiction, whichever is greater. The Service is not intended for users under the age of 18. If you are under 18, you are not permitted to use the Service.

2. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Service. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

3. User Content

You retain all rights and ownership of the photos, images, prompts, and any other content ("User Content") you upload or submit to the Service. By uploading User Content, you grant CookieML a non-exclusive, worldwide, royalty-free license to store, process, and use your User Content solely for the purpose of providing the Service to you.

We do not claim any ownership over your User Content, and these Terms do not restrict any rights that you may have to use and exploit your User Content outside of the Service.

4. Consent and Rights

You represent and warrant that you have all necessary rights, licenses, and consents to upload the User Content to the Service. This includes obtaining consent from any individuals whose images or likenesses are included in the User Content. You agree not to upload any User Content that infringes on the privacy, publicity, intellectual property, or other rights of any third party.

We reserve the right, at our sole discretion, to restrict or terminate access to the Service if we suspect that User Content has been uploaded without the necessary consents or rights.

5. Payments, Refunds, and Cancellations

The Service may offer paid features or content. Accepted payment methods include Stripe, Apple Pay, Google Pay, credit cards, and PayNow. All prices are listed in Singapore dollars (SGD) unless otherwise specified.

Due to the high costs associated with creating AI models and generating AI photos, we are unable to offer refunds. Our upstream providers do not allow us to request refunds for the GPU processing time used to create your AI models and generate your AI photos. Providing refunds would result in a loss-making endeavor for us.

By signing up for the Service, you acknowledge and agree to waive your right to a refund for this reason.

All sales are final. Refunds will not be provided if you are dissatisfied with the generated images or any aspect of the Service. The "Take Photos" feature is experimental; results may vary, and images may not always meet your expectations.

6. Disclaimers

The Service is provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the accuracy, reliability, or completeness of any content or services provided. AI-generated images may occasionally contain deformities, inaccuracies, or may not fully resemble the intended subject.

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

7. Limitation of Liability

In no event shall CookieML, its affiliates, directors, employees, or agents 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 (a) your access to or use of the Service; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; and (d) unauthorized access, use, or alteration of your transmissions or content.

Our total liability to you for any claims arising from or related to the Service is limited to the amount you have paid to us for the use of the Service in the last twelve (12) months.

8. Prohibited Uses

You agree not to use the Service to:

  • Upload User Content without the necessary rights or consents.
  • Engage in any unlawful activities or upload content that is illegal, defamatory, obscene, or otherwise objectionable.
  • Infringe upon the rights of others, including intellectual property rights, privacy rights, or rights of publicity.
  • Transmit viruses, malware, or other malicious code.
  • Interfere with or disrupt the integrity or performance of the Service.

9. Intellectual Property Rights

All content and materials provided by CookieML, including but not limited to text, graphics, logos, and software, are the property of CookieML or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Generated content is intended for your personal, non-commercial use only. You may not distribute, modify, transmit, reuse, download, repost, copy, or use the content of the Service for commercial purposes without our express written permission.

10. Content Moderation

We reserve the right, but are not obligated, to monitor and review User Content and to remove or disable access to any content that violates these Terms or is otherwise objectionable, at our sole discretion.

We may also terminate or suspend your access to the Service for any violation of these Terms.

11. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy for information on how we collect, use, and disclose personal information.

12. Modification of Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice through the Service or by other means to provide you the opportunity to review the changes before they become effective. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes.

13. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.

You agree to submit to the exclusive jurisdiction of the courts located within Singapore to resolve any legal matter arising from these Terms or the Service.

14. Termination

We may terminate or suspend your access to the Service, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.