Terms of service
Please read this Terms of Service before using the Mobile apps, Web- based software. Using under other conditions is not allowed.


These Terms of Service ("Terms") are a legally binding contract for your installation, access, and use of the Mobile apps and/or Web-based software between you as a natural or legal person ("you") and Viral Vision Ltd., a legal entity with offices located at Spyrou Araouzou 165, Office 401, Limassol 3036, Cyprus ("Provider"). The User and the Provider, each a "Party" and together the "Parties".

By accessing or using the Mobile apps, Web-based software, or any other aspect of the Free Services or Services (as such terms are defined below), you acknowledge that:

you affirm that you are of legal age to enter into these Terms, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms;
you have read, understood, and agree to be bound by these Terms (including Schedule A–D). If you do not agree to these Terms, do not install the Mobile apps, access or use the Web-based software or the Free Services and Services.

PRIVACY POLICY: By accepting these Terms the User agrees to be bound by our Privacy Policy, which is available at https://cremo.ai/privacy

PLEASE NOTE: If you are subscribing to Services (as described below), your Subscription will automatically renew on an annual, monthly, or other basis, as applicable. You can cancel your Subscription at any time.


AGREED TERMS

Words and phrases used in these Terms have the following meanings unless otherwise is not expressly specified hereinafter:

Billing Date means as follows: (i) if the User is on a monthly or other basis Subscription, the date of the next monthly or relevant renewal; (ii) if the User is on an annual Subscription, every 12 months after the start date of the Subscription.

Effective Date means the date of the Userʼs accepting these Terms as a legally binding contract. By accepting these Terms, by (1) clicking a box indicating acceptance, (2) executing an order form that references these Terms, (3) installing the Mobile apps, (4) registering on the https://cremo.ai (5) the using the Web-based software, or (5) Free Services in general, User agrees to the terms of these Terms. If the individual accepting these Terms is accepting them on behalf of a legal entity, such individual represents that they have the authority to bind such entity and its affiliates to these terms and conditions, in which case the term "User" shall refer to such entity and its affiliates. If the individual accepting these Terms does not have such authority or does not agree with these terms and conditions, such individual must not accept these Terms and may not use the Free Services and Services.

User means, in the case of an individual accepting these Terms on his / her own behalf, such individual or in the case of an individual accepting these Terms on behalf of a legal entity, the legal entity for which such individual is accepting these Terms, and affiliates of that entity (for so long as they remain affiliates) who have entered into order forms.

User Content means images, photos, videos, music tracks, texts and other information that the Provider may allow the User to upload, edit, create, or download with the Mobile apps and/or Web-based software.

Mobile app means the Provider's mobile applications that can be downloaded from App Store or Google play and intended for installation and use on the Device.

Device means any mobile phone, smartphone, tablet, or other device that allows using the Mobile applications according to its functional purpose.

Trial period means the period during which the User has an access to the Services on a free basis.

Services has the meaning given in Clause 2.2.

Media means photo, video, or audiovisual works created by the User in Mobile apps and/or Web- based software.

Subscription means the full cost of the Service and license by acceptance of which the User accepts and agrees that according to the User's opted Tariff the Subscription will be automatically renewed upon its expiration, and the respective license fee will be automatically paid (debited) for an unspecified period until the User withdraws such consent (cancels Subscription);

Subscription Term means the Effective Date together with any subsequent renewal periods;

Subscription Fees means the fees payable by the User to the Provider for the Subscription within the selected Tariff. For Mobiles apps the description of the Tariffs is available at the Apple App Store website in the "In-App Purchases" section under the link: https://apps.apple.com/cy/app/cremo-ai-photo-generator/id6743939294

Free Term means the period during which the User have access to the Free Services;

Free Services means the Services or features that the Provider makes available to the User on a free basis with a limited range of capabilities within the Free Term;

Tariffs mean the range of capabilities of the Mobile application and/or Web-based software with different systems of rates for the Subscription depending on the scope of the Services;

Web-based software means a Provider's software available at https://cremo.ai

These Terms could use other terms and definitions not stipulated in clause 1.1. hereof. In this case such terms should be interpreted according to the text hereof. If it is not possible to interpret such term or definition in a unique manner, such term or definition should be interpreted firstly according to mandatory documents stipulated therein, secondly – according to the applicable laws and after that – according to business custom and science doctrine.


SERVICES

Subject to the terms and conditions of these Terms, the Provider hereby grants to the User a personal non-exclusive, nonassignable, and non-sublicensable license and right to access and use the Free Services and Services (and in the case of a Mobile apps, to also install the Mobile apps on your Device) during the Subscription Term for business or personal use.

Subject to and conditioned on Userʼs compliance with these Terms, during the Subscription Term, the Provider provides to the User the Mobile app and/or Web-based software collectively and/or individually (as the case may be), as well as any related intellectual property for the following:
to create static (photo), dynamic (video), graphics, and/or any text based on the Userʼs Content and/or licensed content of third parties (music and etc.);
to edit, perfect, and share Userʼs Content uploaded on the Mobile app and/or Web-based software;
to transform Userʼs Content into works of art with the artificial intelligence algorithms of the third parties;
to make in-app purchases (including, but not limited to the features based on the Stable Diffusion license) (hereinafter "Services").

Free Service. The Provider provides to the User Free Services upon registration in Web-based software and/or installation and registration in the Mobile app during the Free Term with a limited range of capabilities. The Free Services are available to the User until the start date of their paid Subscription with the selected Tariff. Some tools, features, or other functionality may only be available with a paid Subscription.

The Provider has the right to set technical restrictions on the use of the Web-based software and/or Mobile app; the Provider will inform the User about the above-mentioned limitations from time to time in a manner at the Provider's discretion.

The functionality of the Web-based software and/or Mobile app is subject to the Provider's sole discretion and may be changed from time to time.

The User has the right to use the Web-based software and/or Mobile app and Free Services or Services due to the terms and conditions hereof in the following ways:

the Mobile app reproduction (record) on the Device;

the Web-based software and/or Mobile app launch and use due to its functional purpose.

Any rights and ways of use of the Web-based software and/or Mobile app that are not expressly granted to the User by these Terms shall be deemed non-granted/prohibited by the Provider.

The Provider may, directly or indirectly, suspend, terminate, or otherwise deny the Userʼs access to or use of all or any part of the Free Services and Services, without incurring any resulting obligation or liability, if:

The Provider receives a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires the Provider to do so; or

The Provider believes, in its sole discretion, that:

The User has failed to comply with these Terms (including Schedule A - D), or accessed or used the Free Services or Services beyond the scope of the rights granted or for a purpose not authorized under these Terms;

The User sold their credentials or/and their access to the Service to any third party;

The User received an access to the Services fraudulently (for example, without paying Subscription Fees);

The User is, has been, or is likely to be involved in any fraudulent, misleading, or unlawful activities;

This Clause 2.8 does not limit any of Providerʼs other rights or remedies, whether at law, in equity, or under these Terms.

If you are downloading the Mobile app from a third-party app store or marketplace, such as Apple's App Store, Google's Google Play, etc., please be aware that the particular platform or marketplace may have additional rules that also govern your downloading, installation, and use of the Mobile app. The User is solely responsible for observing the rights of third parties and such marketplace rules.


AUTHORIZATION

Under these Terms, the Provider hereby authorizes the User to access and use the Mobile app and/or Web-based software in accordance with the conditions and limitations set forth in these Terms.

The Mobile app. The User shall be registered on the Mobile app or the Web-based software to access or use some Services or Free Services. The User shall register by using his/her email or a valid account on the app store or marketplace from which they downloaded the Mobile app (each such account, a "Third-Party Account"). By using a Third-Party Account for registration, the User allows the Provider to access their Third-Party Account as permitted under the applicable terms and conditions that govern their and our use of such Third-Party Account. PLEASE NOTE THAT YOUR RELATIONSHIPS WITH THE THIRD-PARTY SERVICE PROVIDER ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNT ARE GOVERNED SOLELY BY YOUR AGREEMENT WITH SUCH A THIRD-PARTY SERVICE PROVIDER.

The Provider shall process the User's personal data in accordance with the Privacy Policy, available at https://cremo.ai/privacy

The User shall be solely responsible for maintaining the confidentiality and security of their login and password and for all use of and activities that occur under account. The User shall use all reasonable endeavours to prevent any unauthorised access to personal account and, in the event of any such unauthorised access or use, promptly notify the Provider.

The Provider is not liable for third-party access to the User's account due to the User losing their credentials.


CONTENT

User Content. The User retains all rights in and to their User Content except for the User License the User grants us below.

The User grants to the Provider a worldwide, assignable, non-exclusive, royalty-free, fully-paid, sublicensable (through multiple tiers of sublicensees), irrevocable and perpetual license to store, access, process, distribute, host, translate, reproduce, edit, adapt, modify, republish, promote, publicly perform, publicly display, create derivative works of, and otherwise use User Content (including Media and Al Media), without any additional compensation to the User and always subject to the User additional explicit consent for such use where required by applicable law (the "User License"). The User License is for the limited purpose of operating, developing, providing and improving the Free Services and Services and researching, developing and improving the Providerʼs existing and new products, unless you have provided us with your additional explicit consent for the different purposes where required by applicable law.

The User grants the Provider consent to use the User Content, regardless of whether it includes an individualʼs name, likeness or persona, sufficient to indicate the individualʼs identity. The User further acknowledges and agrees that the Providerʼs use of User Content will not result in any damage to the User or to any person the User authorized to act on their behalf



User Content to other Users. The User grants to other Users of the Web-based software and/or Mobile app a non-exclusive license to access their User Content through the Web-based software and/or Mobile apps and to process, distribute, host, translate, reproduce, edit, adapt, modify, republish, promote, publicly perform, publicly display, create derivative works of, and otherwise use such User Content as permitted through the functionality of the Web-based software and/or Mobile apps and under these Terms. The User Content License shall survive any termination of these Terms. The User represents and warrants that the User has obtained and will maintain during and after any termination of these Terms, any and all licenses, permissions, consents, approvals, and authorizations required for granting the User Content License. The User Content License shall be effective without the need for any licensed party to seek your approval for use of any of your User Content.

Account deletion. If you choose to delete your account and terminate the Terms, your User Content shall be removed from the Web-based software and/or Mobile app. Notwithstanding the foregoing, you agree that the Provider may continue to retain, access, process, distribute, host, translate, reproduce, edit, adapt, modify, republish, promote, publicly perform, publicly display, create derivative works of, and otherwise use your User Content indefinitely in the following cases: if you have shared your User Content in accordance with the Web-based software and/or Mobile app functionality and these Terms, and/or if the Provider has displayed your User Content in the Web-based software and/or Mobile app or it is included in third-party or print content, etc.

The User acknowledges and accepts that the Provider may collect and store User Content for a short time or longer in case the User sends the User's Content to the Provider's editorial office. The Provider independently decides what User Content should be posted and become available to other Users in the Web-based software and/or Mobile app.

The User shall on its own estimate the legal consequences and conditions of use in User Content (including Media) of any materials that can be subjects of personal non-property rights or intellectual property rights of a third party (e.g. images of individuals, other images, music, texts).

The User is solely responsible for User Content that have been uploaded to the Web-based software and/or Mobile app. The User represents and warrants that: (i) the User owns the User Content stylized or created by the User on or through the Web-based software and/or Mobile app or otherwise has the right to grant the rights and licenses set forth in these Terms; (ii) the User agrees to pay for all royalties, fees, and any other monies owed by reason of the User Content the User stylizes or creates on or through the Web-based software and/or Mobile app; and (iii) the User has the legal right and capacity to enter into these Terms in personal jurisdiction.

The User may not upload, edit, create, store or share any User Content that violates these Terms or to which The User does not have all the rights necessary to grant the Provider the User License described above.

The Provider will not be liable to the User for any modification, suspension or discontinuation of the Web-based software and/or Mobile app, or the loss of any User Content.

Provider Content. The data, information, files, images, photographs, illustrations, graphics (including stickers), and other content contained therein (collectively, "Provider Content") (and intellectual property rights in or to the preceding items) are owned by the Provider or licensed to the Provider and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, the Provider and the Provider's licensors, as applicable, reserve all rights, title and interests (including without limitation all intellectual rights) in and to the Provider Content. The User's use of the Provider Content shall be always subject to these Terms and, if applicable, additional terms and conditions that the Provider may direct to the User from time to time.

The User is hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, revocable license to use the Provider Content ("Provider License").

Any use of the Provider Content other than as specifically authorized herein, without the Provider's prior written permission, is strictly prohibited and will terminate the User License granted under these Terms.

The User cannot synchronize the User Content and create derivative works (including the Provider Content) between their Devices.

Third parties. Through the Mobile apps and/or Web-based software the User may have access to external resources provided by third parties. The User acknowledges and accepts that the Provider has no control over such resources and is therefore not responsible for their content and availability.

The Provider offers new third-party integrated artificial intelligence features ("AI") on the Mobile apps and/or Web-based software, discussed further in SCHEDULE C below.

Certain Free Services and Services may make available to you the use of certain stock photos, videos, audio, music, graphics (including stickers, fonts) or other Service Content that you may incorporate into your use of the Free Services or Services, which includes free stock content and/or paid stock content (collectively, the "Stock Content"), discussed further in SCHEDULE D below.

Media. Your Media may include a combination of User Content, AI Media and Stock Content. While you retain ownership of your User Content, any use of Media containing licensed content from third parties is subject to the applicable terms, discussed further in SCHEDULE C and D below.

Sharing and Publishing Media. You may publish or share Media with others within the Free Service or Service, the third-party service or via a link. The Provider maintains no responsibility in relation to such sharing of Media. The Providerʼs performance of actions to publicly share Media at your instruction shall not be considered a violation of any of Providerʼs obligations under these Terms.

The content from Stable Diffusion is licensed under the Stable Diffusion License and it has material content restrictions on the use and distribution. Please check such a license before using Stable Diffusion, which applies to (including but not limited to) the following features: Background generations, Magic Avatars, Magic draw, Product placement, AI portraits, etc.

The User acknowledges that the Provider is not the author, owner or licensor of any third-party content, and that the Provider makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of third-party content.

THE PROVIDER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE MOBILE APP AND/OR WEB- BASED SOFTWARE AND SERVICES OR ANY HYPERLINKED SERVICES OR SERVICES FEATURED IN ANY BANNER, AND THE PROVIDER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

DMCA Copyright Policy. In respect of the rights of copyright owners, our Free Services and Services and the User's use of the Free Services and Services are subject to the DMCA Copyright Policy, attached hereto as SCHEDULE A.

Copyright Repeat Infringer Policy. In respect of the rights of copyright owners, our Free Services and Services and your use of the Free Services and Services are subject to the Copyright Repeat Infringer Policy, attached hereto as SCHEDULE B. Under this policy the Provider, in appropriate circumstances, may terminate the account of User who are repeat infringer or are repeatedly charged with infringement.


USER RESTRICTIONS

The Free Service and Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

The User shall not, and shall not permit any other person to, access or use the Web-based software and/or Mobile app with the User's account except as expressly permitted by these Terms.

For purposes of clarity and without limiting the generality of the foregoing, the User shall not, except as these Terms expressly permit:

In any manner copy (reproduce) Web-based software and/or Mobile app software and databases being a part of the Web-based software and/or Mobile app, including any of their elements and information materials without prior written consent of the Provider;

Reveal the techniques, emulate, decompile, disassemble, decode and make any other similar actions in relation to the Web-based software and/or Mobile app;

Create software and/or services using the Web-based software and/or Mobile app without prior permission of the Provider;

Remove or in any way alter trademarks and copyright notices or other proprietary notices included in the Web-based software and/or Mobile app;

Use in User Content the materials that are subjects of personal non-property rights or intellectual property rights of a third party (e.g. images of individuals, other images, music, texts) without permission of such third party.

Use of the Mobile application for creation and/or distribution of User Content (including Media) that:

are illegal (prohibited information), harmful, offend morality, demonstrate (or propagate) violence and cruelty, promote hatred and/or discrimination people on racial, ethnic, sexual, religious, social grounds,

contains elements (or is propaganda) of pornography, children erotica, constitute an advertisement (or a promotion) of sexual services (including under the guise of other services), explain the procedure of manufacture, application or other use of drugs or their analogues, explosives or other weapons;

violate personal non-property rights or intellectual property rights,

otherwise violate provisions of applicable law as well as common moral and ethical standards;

License, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party.


PROVIDERʼS AND USERʼS OBLIGATIONS

The Provider undertakes that the Free Services or Services will be performed substantially in accordance with the Terms with reasonable skill and care.

The User shall:

pay the Subscription Fee to the Provider in a timely manner in accordance with selected Tariff;

ensure the availability of funds required for the automatic renewal of the Subscription;

еnsure the security of access to the login and password of the account and not transfer the login and password of the personal account to third parties;

provide the Provider with all necessary co-operation in relation to these Terms;

without affecting its other obligations under these Terms, comply with all applicable laws and regulations with respect to its activities under these Terms.


TERM AND TERMINATION

These Terms shall, unless otherwise terminated as provided in this Clause 7, commence on the Effective Date and will continue in perpetuity unless it is terminated as set forth herein.

Trial period. The Provider may make the applicable Subscription Service available to the User within the Trial Period free of charge until the earlier of (a) the end of the Trial Period (if not terminated earlier) or (b) the start date of the paid Subscription. The amount of charge (Subscription Fees) depends on the selected Tairiff, the description of the Tariffs can be found at https://cremo.ai

Termination by the User. The User may terminate these Terms at any time, via the functionality offered in the Web-based software and/or Mobile app. In such cases, termination will take effect

immediately, unless the User has a current paid Subscription in which case termination shall take effect at the end of the current Subscription Term, and The User will not be charged for the subsequent renewal period. The Terms will continue to apply until terminated by either the User or the Provider as set forth below. The User of the Mobile app may terminate the Terms at any time only by permanently removing the Mobile app from Device.

Termination by the Provider. The Provider may at any time immediately terminate or suspend User's right to use and access the Free Services or Services and the Web-based software and/or Mobile app, without refunding for any fees, if in Provider's sole discretion:

The User breaches any provision of these Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);

The User fails to make the timely payment of fees for the Services, if any;

The User has repeatedly made complaints in bad faith or without a reasonable basis, and continue to do so after we have asked them to stop (in such circumstances, we may alternatively suspend or restrict Userʼs access to the Services);

Effect of cancellation. The User may cancel the Subscription at any time. See in more detail the cancellation policy in SCHEDULE E further below.

Upon any expiration or termination of these Terms, except as expressly otherwise provided in these Terms all rights, licenses, consents, and authorizations granted by the Provider hereunder will immediately terminate.


FEES; PAYMENT TERMS

Certain Services are only offered under a paid Subscription, and certain Service Content is only offered for additional payment (in-app purchases). We reserve the right to manage, regulate, control, modify, or eliminate such Content at any time (and in case of Subscriptions, after a specified time under terms of a respective Subscription).

Payment for Mobile App. The User of the Mobile app shall pay the Subscription Fees in accordance with selected Tariffs as indicated on the Mobile App. The User hereby authorises the Provider to charge the Subscription Fees through the Userʼs Third-Party Account (Apple, Google account).

Subscriptions Fees for Services (including the services of third parties) are not eligible for a refund after the purchase has been processed. If you subscribed through the Userʼs Third-Party Account and need to request a refund, please contact the store directly.

For any questions related to any financial transactions from Apple or Google LLC the User shall reach out to the respective support team at their own discretion.

The paid Subscription with the Userʼs Third-Party Account cannot be transferred to another Userʼs Third-Party Account (e.g., the User cannot transfer the paid Subscription purchased from the Google Play Store with a Google account to an App Store account and vice versa).

Payment for Web-based software and Mobile App (if applicable). The User shall pay the Subscription Fees in accordance with selected Tariffs on the https://cremo.ai. The User

shall, on the Effective Date, provide to the Providerʼs third-party payment processor ("the Processor") valid, up-to-date, and complete credit card details or approved purchase order or alternative information acceptable to the Provider and any other relevant valid, up-to-date, and complete contact and billing details, and, if the User provides:

is credit card details to the Provider; the User hereby authorizes the Providerʼs third-party payment processor to bill such credit card the Subscription Fees payable during the Subscription Term; and

its approved purchase order information to the Provider, the Provider shall invoice the User through Processor:

on the day of the applicable Subscription Fees payable in respect of the Subscription Term; and

at least 3 days prior to the User Subscription must be paid in respect to the next renewal period, and the User shall pay each invoice within 3 days after the date of such invoice unless otherwise stated in the service order.

In this case, the Subscription Fee is calculated according to the "Pay as You Grow" model.

The Processor is Stripe, Inc., which is a technical services provider that provides payment processing services.

Some processing services may be provided by Processor directly through a connected account linked to the User's personal account to use the Web-based software and Mobile App (if applicable). The processing of payments is subject to the Stripe connected account agreement available at https://stripe.com/gb/legal/connect-account, which includes the Stripe Terms of service available at https://stripe.com/legal/ssa (collectively, the "Stripe Services Agreement"). By accepting these Terms or continuing to use our Services, the User agrees to be bound by the Stripe Services Agreement, which is the legal agreement between the Customer and the Processor and may be modified by Stripe from time to time, and any third-party terms applicable to the Stripe service.

The Provider is not responsible for errors made by the Processor. By choosing to use the Web- based software and Mobile App (if applicable), the User agrees to pay the Provider, through the Processor, all charges at the prices then in effect for any use of such Services in accordance with the applicable terms. The Provider reserves the right to correct, or to instruct the Processor to correct, any errors or mistakes, even if the payment has already been requested or received.

In the event of any inconsistency between these Terms and the Stripe Services Agreement, these Terms shall prevail, except in the event of any inconsistency between these Terms and the Stripe

Services Agreement concerning payment processing, the Stripe Services Agreement shall prevail. We reserve the right to change the Processor, subject to the terms of our agreement with the Processor.

Notwithstanding anything to the contrary, fees for Services shall be non-refundable.

All amounts payable to Provider under these Terms shall be paid by User to Provider in full without any setoff, recoupment, counterclaim, deduction, debit, or withholding for any reason (other than any deduction or withholding of tax as may be required by applicable Law).

The Provider shall be entitled to increase the Subscription Fees, upon 30 daysʼ prior notice to the User and these Terms shall be deemed to have been amended accordingly. In case the User does not accept the increase, the User may terminate the Terms. If the User agrees with such reconsideration, the User will renew the Subscription Term, and the Term or service order will be deemed amended accordingly, and the reconsidered fees will apply. If the User does not agree with the Subscription Fees reconsideration, the User will not renew the Subscription Term.

Pricing. The Provider operates a global business, and the pricing (for Subscription Fees or in-app purchases) varies by a number of factors based on region, length of subscription, and more. The Provider also regularly tests new features and payment options.


LIABILITY

THE WEB-BASED SOFTWARE AND/OR MOBILE APP AND IS PROVIDED "AS IS'. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, THE PROVIDER HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES WITH RESPECT TO THE WEB-BASED SOFTWARE AND/OR MOBILE APP WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. THE PROVIDER MAKES NO ANY WARRANTIES THAT THE WEB-BASED SOFTWARE AND/OR MOBILE APP WILL CORRESPOND TO THE USER'S DEMANDS, THAT IT WILL FUNCTION IN COMBINATION CHOSEN FOR THE USE OR TOGETHER WITH DIFFERENT PRODUCTS OF A THIRD PARTY, THAT FUNCTIONING OF THE WEB-BASED SOFTWARE AND/OR MOBILE APP WILL BE FAILURE-FREE OR FAULT-FREE, AND THAT ALL FAULTS OF THE WEB-BASED SOFTWARE AND/OR MOBILE APP WILL BE CORRECTED.

Since functionality of the Web-based software and Mobile app is constantly supplemented and updated, the form and the nature of the Web-based software and Mobile app could be changed from time to time without prior notice of the User. The Provider has the right at his own discretion to stop (temporarily or finally) providing or supporting the Web-based software and Mobile app to Users, and also to alter or withdraw the license without prior notice.

The Provider has no connection with User Content that Users create and/or distribute using the Web-based software and/or Mobile app. The Provider does not check the User Content or its components as well as their compliance with any kind of requirements and that the Users have all necessary rights. All responsibility for the User Content and its compliance with applicable requirements rests with the User.

The Provider is not responsible for any violations committed by the User as well as for any damages or losses caused by such violations.

The Provider is not responsible in the event that the User cannot access or use the Free Services or Services because of reasons beyond the Providerʼs control (as the establishment of new restrictive local laws, etc.).

The User is responsible for any violation of the obligations stipulated by these Terms and (or) an applicable legislation, and also for all the consequences of such violations (including any damages which the Provider and other third parties can suffer).

The User understands that the Web-based software and Mobile app is not a backup service, and the User agrees not to rely on the Free Service or Service for the purposes of User Content backup or storage. The User may not edit, save, post, share or transform any User Content that violates these Terms or for which the User does not have all the rights necessary to grant the Provider the license described above. To the fullest extent permitted by law, The Provider has no obligation or ability to screen, edit or monitor User Content, and the User is solely responsible for all User Content that the User edit, save, post, share or transform through the Free Service or Service.

The User shall indemnify and hold harmless the Provider, and each of its and their respective officers, directors, employees, agents, successors and assigns from and against claims, actions, proceedings, losses, damages, expenses, and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the Userʼs use of the Services or Free Services. In case the Provider will be brought to justice or will be penalized due to the User's violations of the rights and/or the interests of third parties as well as violation of the restrictions or limitations set by the law such User has to reimburse all the damages of the Provider.

UNDER NO CIRCUMSTANCES SHALL THE PROVIDER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, STATUTORY, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OF ANY KIND WHATSOEVER, OR FOR ANY LOST PROFITS, BUSINESS OR REVENUE, LOSS OF USE OR GOODWILL, OR OTHER LOST ECONOMIC ADVANTAGE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE BREACH HEREOF, WHETHER SUCH CLAIMS ARE BASED ON BREACH OF CONTRACT, STRICT LIABILITY, TORT, ANY FEDERAL OR STATE STATUTORY CLAIM, OR ANY OTHER LEGAL THEORY AND EVEN IF THE PROVIDER KNEW, SHOULD HAVE KNOWN, OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The total liability of the Provider for any claim arising out of or relating to these Terms, regardless of the form of the action, is limited to the amount paid, if any, by User to use the Web-based software and/or Mobile app. In no event will the Providerʼs total liability arising out of or in connection with these Terms or from the use of or inability to use the Web-based software and/or Mobile app exceed the amounts you have paid to use the Web-based software and/or Mobile app, if you have not had any payment obligations to the Provider, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Provider and the User.


GOVERNING LAW AND JURISDICTION

10.1. These Terms shall be governed by laws of the State of New York (USA) without regard to its conflict of law provisions and Parties agree to submit to the exclusive jurisdiction of, and venue in, the federal or state courts in the New York State in any dispute arising out of or relating to these Terms, except as otherwise stipulated under applicable law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

FINAL PROVISIONS

Relationship of the Parties. The relationship between the Parties is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or other forms of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have the authority to contract for or bind the other party in any manner whatsoever.

The processing of the information provided by the User about himself/herself within the use of the Web-based software and/or Mobile app as well as the information which is received automatically within such use shall be performed by the Provider according to the Privacy Policy published or available at the address: https://cremo.ai/privacy

To ensure the best possible Free Service and Service level, the Provider reserves the right to interrupt the Free Service and Service for maintenance, system updates or any other changes, informing the Users appropriately. Within the limits of law, the Provider may also decide to suspend or terminate the Free Service or Service altogether. If the Service is terminated, the Provider will cooperate with Users to enable them to withdraw personal data or information in accordance with applicable law. Additionally, the Free Service or Service might not be available due to reasons outside the Providerʼs reasonable control, such as "force majeure" (eg. labor actions, infrastructural breakdowns or blackouts etc).

Amendment and Modification; Waiver. The Provider may modify these Terms from time to time, with prior notice to the User, by posting the modified Terms on its website https://cremo.ai Such modifications will not apply retroactively. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in these Terms, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from these Terms shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Reservation of Rights. For the avoidance of doubt, the Mobile App as well as any related intellectual property are only licensed to the User, and no title in them passes to the User. Any rights not expressly granted herein are hereby reserved by the Provider and his licensors, and the User are granted no other right or license in the Mobile App, whether by implied license, estoppel, exhaustion, operation of law, or otherwise.

Severability. If any provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify these Terms to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

Entire Agreement. These Terms, together with any other documents incorporated herein by reference (including reference to information contained in a URL or referenced policy), constitute the sole and entire agreement of the parties with respect to the subject matter of these Terms and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.

The Provider's details:
Viral Vision Ltd
Address: Spyrou Araouzou 165, Office 401, 4th floor, Lordos Waterfront Court, Limassol 3036, Cyprus e-mail: hello@cremo.ai


SCHEDULE A

DMCA Copyright Policy
The Provider respects the intellectual property rights of others and expects users to do the same. If you believe someone has uploaded content (any graphics, photos, audio, music, videos or other materials) to the Web-based software and/or Mobile app that infringes your copyright, trademark, or other intellectual property rights, please let us know by sending us a notification via the functionality offered in the Web- based software and/or Mobile app or by sending us an official intellectual property infringement notice.

Copyright notices concerning content uploaded on the Mobile app or Web-based software must meet all requirements of the Digital Millennium Copyright Act ("DMCA") as described below. Likewise, for trademark and other intellectual property notices, you must provide us with clear information about the location of the allegedly infringing work for identification purposes, complete information about your trademark or other intellectual property, and your contact information (name, physical address, and email address).

You can submit it via mail to our Copyright Agent:

Copyright Agent

Support Team

Address:

Spyrou Araouzou 165, Office 401, Limassol 3036, Cyprus

Telephone Number:

+35795594840

E-Mail Address:

hello@cremo.ai



When you submit a notice, we may provide a copy of your notice to the User who uploaded the content you say is infringing. This also applies to any contact information you include in your notice to us.

We only respond to complete and effective DMCA notices from the copyright holder or their authorized agent that contain the following elements:
A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
Identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works on Mobile app or Web-based software, a representative list of such works.
Identification of 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 permit us to locate the material on Mobile app or Web-based software.
Information reasonably sufficient to permit us to contact you, such as your name, postal address, telephone number and email address.

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright ownerʼs behalf.

To the extent permitted by law, the Provider will not be responsible for User Content that is used and transformed by users of the Free Services or Services. In cases of violations of your copyrights or other protected rights by User Content or transformed content, you should contact particular users, as well as internet resources for posting this content.

If you reside outside the US, please consider carefully if other use exceptions for copyright protection apply. If you abuse the notice process, your User account may be deactivated and you may be held liable for costs and attorneys' fees.

We are not in the position to provide you with legal advice. If you are unsure if someone's content infringes your copyright, you may want to contact an attorney, or to consult publicly available resources such as the U.S. Copyright Office website.

Counter-Notification. If you believe that the material you posted was removed from the Services by mistake, and that you have the right to post the material, you may elect to send us a counter-notification. To be effective the counter-notification must be a written communication provided to our Copyright Agent that includes substantially the following (please consult your legal counsel or see the DMCA to confirm these requirements):
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the Services may be found or accessed, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.

Misrepresentations. Please note that under the DMCA (at 17 U.S.C. Section 512(f)) any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.


SCHEDULE B

Copyright Repeat Infringer Policy

In order to protect the intellectual property rights of copyright holders, the Provider implements a copyright repeat infringer policy ("Repeat Infringer Policy") under which the Provider may take action against User who repeatedly misuse our Free Services or Services by violating the Providerʼs copyright standards and local laws.

Under Repeat Infringer Policy, a ‘repeat infringerʼ is any User who consistently fails to adhere to Repeat Infringer Policy. This may be due to multiple successful copyright complaints against them within a

stipulated period of time and could result in the repeat infringerʼs account being restricted.

If the Provider receive a valid copyright complaint identifying infringing content published on Mobile app or Web-based software, the content may be removed. If this happens too often, we will take action against the account and the User will be notified. Once we take action against an account, the User may be prevented or restricted from accessing Free Services or Services until a successful appeal is received and processed.

The Providerʼs decision to restrict an account will be based on all available evidence, including such considerations as the copyright holderʼs allegations, whether the content was removed expeditiously, and any successful appeals against individual infringements or against the account restriction.

If your account was restricted under Repeat Infringer Policy due to multiple legitimate copyright complaints, you may file an appeal to our Copyright Agent.


SCHEDULE C

Terms of Use for AI Features

These Terms of Use for AI Features (“AI Terms”) incorporated, and will be considered part of Providerʼs Terms. They govern your use of artificial intelligence, machine learning, or similar technologies which are developed and managed by third parties (each a “Third-Party Providers of AI”) and have been made available within any AI-enabled features for the Providers Free Services or Services, including those set forth in Table 1.

Your use of the AI-enabled features accessible in the Mobile apps and/or Web-based software are governed by various binding legal contracts (Please see below Table 1) (hereinafter – «Third-Party Provider AI Terms»).

Use of the AI-enabled features is completely optional, these features are not core functionality for the applicable Free Services or Services, and are, in each case, provided for your convenience and benefit. Due to the novel nature of AI technology, all AI-enabled features are offered “AS-IS”.

PLEASE NOTE THAT THE USE OF THE AI FEATURES MAY NOT BE INCLUDED IN THE SUBSCRIPTION FEES AND MAY REQUIRE ADDITIONAL PAYMENT.

Although the Provider will endeavor to enable privacy and security controls made available to us by the Third-Party Providers of AI, the Provider has no control over, and is not responsible for: (1) the quality, accuracy, effectiveness, safety, or security of AI-generated output; or (2) a Third-Party Provider of AIʼs use of your information after it has been transmitted to them. You must therefore carefully review all AI- generated output before using it, and we further recommend that you do not input any sensitive, proprietary, confidential, or personal information (including contact details, account numbers, personal identifiers, or any other information about an individual) into the AI-enabled features. Additionally, you are responsible for ensuring that your use of AI-enabled features is compliant with all applicable laws, including data protection laws, and that, as such, you maintain a lawful basis for processing.

AI Media. The Third-Party Providers integration of AI-enabled features can generate artificial intelligence-based conceptual artworks (“AI Media”) based on User Content you upload into the service of a Third-Party Providers.

Use of AI Media. Subject to your compliance with the Third-Party Provider AI Terms, you may use the Al Media. Please note that any use of the AI Media and any commercializing of the AI Media by you is at your own risk. The Provider makes no representations or warranties of any kind regarding your use of the of the AI Media for any purpose.

Ownership of AI Media. You acknowledge and agree that use of the AI-enabled features is at your own risk and the Provider makes no representation or warranty whatsoever regarding any Al Media, including, without limitation, with respect to any Userʼs or third partyʼs assertion of ownership rights, copyrights, or any other interest in or to any Al Media, and You further acknowledge that pursuant to applicable law, You may have no ownership rights, copyrights or interest in or to any Al Media.

License. The User grants the Provider a worldwide, non-exclusive, fully-paid, royalty-free, irrevocable, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of and based upon, display, transmit, adapt, edit, modify, publicly display, publish, perform, sell, republish, promote, exhibit, and otherwise use, the Al Media, in all media now known or hereafter developed, for any and all purposes, including but not limited to promoting the Services in any media formats and through any media channels, whether now known or existing in the future throughout the world, without the Provider seeking further permission from you. In addition, you grant the Provider and its other users with a worldwide, non-exclusive, fully paid, royalty-free, irrevocable, sublicensable and transferable license to generate additional content from the Al Media You created and change such Al Media.

If you violate the Third-Party Provider AI Terms, you will lose the right to use the Al Media, but we may, at Providerʼs sole discretion, provide you written notice and a reasonable opportunity to fix your violation. You understand and acknowledge that similar or identical Al Media may be created by other people using the same or different User Content, and your rights are only to the specific Al Media that you have created.

Table 1

AI-Enabled Feature(s)
AI
Technologies

Third-Party Provider

Third-Party Provider AI Terms


Table 1




SCHEDULE D

Terms of Use of Stock Content

Stock Content is licensed to the Provider from third party licensors (“Stock Content Licensors”). Accordingly, your use of the Stock Content shall be subject to these Terms, as well as terms and conditions from Stock Content Licensors (such additional terms, “Stock Content Licensors Terms”).

Such Stock Content Licensors Terms are hereby incorporated into these Terms by reference. To the extent of any conflict or inconsistency between a provision of the main body of these Terms on the one hand, and Stock Content Licensors Terms on the other hand, the latter shall govern.

Certain Stock Content may be denominated by the relevant Mobile app or Web-based software, or by the Stock Content Licensor, as premium or paid Stock Content (“Paid Stock Content”). Any Fees payable for the Paid Stock Content (the “Content Fee”), and any Stock Content Licensors Terms applicable to the Paid Stock Content, shall be as specified in the relevant Mobile app and/or Web-based software. The Content Fee will be payable through such payment methods as are accepted by the Mobile app or Web- based software from time to time. Stock Content provided hereunder which is not Paid Stock Content, shall be referred to as “Free Stock Content”.

The Stock Content may not be used for pornographic, defamatory or other unlawful purposes.

The Provider does not warrant the accuracy or completeness of any captions or other information (such as metadata) we provide to you with respect to the Stock Content.

You shall be solely responsible and liable for determining whether releases (such as a publicity or photo release) are required in connection with any proposed use of the Stock Content and you shall be solely responsible and liable for obtaining all necessary releases. We do not grant any right, nor do we make any warranty, with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted audio, designs, or works of art or architecture depicted in such Stock Content. You acknowledge that some jurisdictions provide legal protection against a person's image, likeness, voice or property being used for commercial purposes when they have not provided a release.

Free Content also includes music (“Music Content”) which may be used by Users for the following:
to synchronize Music Content with visual elements in video or animation content (sync content) for the sole purpose of transferring such content for any commercial or personal purposes;
to upload and share such sync content to third parties throughout worldwide online on any and all sharing platforms, apps and websites;

The User shall not copy or duplicate the Music Content except for use in the Provider's Free Services or Services; resell, trade, or exploit for profit the Music Content as part of other music and/or audio-related collections to any other individual or party.


SCHEDULE E
Cancellation Policy

Trial period. At the conclusion of the Trial period, you will automatically be charged the then-current Subscription Fee and the payment method provided will automatically be charged unless you cancel it in advance. Please see the cancellation options below.

Cancellation. The User may cancel the Subscription at any time. Cancellation of auto-renewal period must be initiated at least 24 hours before the end of your current term. Please see the cancellation options below.

Cancellation options. If you would like to unsubscribe, just follow the steps below. This will stop your Subscription from renewing.

Most Mobile app Subscriptions started on Devices are through the App Store or through Google Play.

For Apple App Store Purchases:
Launch the Settings app on your iPhone or iPad Tap your name Tap on Subscriptions and choose the app Tap on “Cancel Subscription”
For Google Play Purchases:
Open the Google Play Store on your Android Device Make sure youʼre signed into the correct Google account Tap Menu and then Subscriptions
Select App Tap Cancel Subscription Follow the instructions

If you need further assistance, contact our User support at hello@cremo.ai. Please note that uninstalling the Mobile app does not automatically cancel your Subscription.

When you cancel a Subscription, you cancel only future charges associated with your Subscription. You may initiate your cancellation at any time, but the cancellation will become effective at the end of your current Billing period.

Upon cancellation of the Subscription (or Subscription expiration), the Userʼs access to the Service will cease, other than the use of Free Service. The Terms will continue to apply until the Mobile app is removed from the User's Device. However, this may not be the case if the Terms were terminated due to infringement by the User of these Terms.