Terms of Service

Last Updated as of 2024-11-08

Acceptance of the Terms of Service

Welcome to AIGenEmoji Online!** (a.k.a. “we” or “us” or the “Company”). We are excited to have you as user and member of the community. The following terms and conditions (collectively, these “Terms of Service ”) apply to your use of aigenemoji.com, including any content, functionality and services offered on or via aigenemoji.com (the “Website ”). The Terms of Service also include our Privacy Policy, that you can review here: Privacy Policy.

We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using AIGenEmoji Online, because by using the Website you accept and agree to be bound and abide by these Terms of Service.

Should you disagree with some of the provisions herein, you can either leave the Website (although we’ll be sad to see you go!), or contact us at [email protected]. We’ll be happy to hear your comments and suggestions.

Changes to the Terms of Service and the Website

AIGenEmoji Online is a work in progress, meaning that a lot will change in the near future. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion. We will make sure to announce any major change in a prominent way. Of course, this document is public on AIGenEmoji Online, and you will be able to see the changes for any new version. Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes

Accessing the Website, Security and Privacy

We are working hard on improving AIGenEmoji Online, but we can’t guarantee that the Website will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss.

To access certain features of the Website you have to register by entering your google email as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party and only using AIGenEmoji Online in person. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend that you log out from your account at the end of every session. Currently, the site only supports third party logins such as google mail (more may be added in the future), we do not save any passwords, only the information you authorize us to use when logging in (user id, email address, name, link to picture), this data is used for the most basic user identification.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for internet websites, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.

Age Requirement. Children may not access or use the Service unless their use is directly authorized by their parent, guardian or another authorized adult (such as a teacher) who agrees to be bound by these Terms. For purposes of these Terms, a child is a person under the age of 13 (or the minimum legal age required to provide consent for processing of personal data in the country where the child is located).

We use SSL encrypted browsing for all logged-in users, but we cannot guarantee that all use will be secure. We also do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy.

Intellectual Property Rights and Use Guidelines.

The Website and its original content, features and functionality (including look!), are owned by AIGenEmoji Online and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. AIGenEmoji Online. is about creating, collaborating and modifying projects, not Website, design or code. So you agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the Website itself. If you have doubts about whether and how to use of material on the Website, please address your concerns to: [email protected].

For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).

All Content added, created, uploaded, submitted, distributed, or posted to the Website by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Website is or will continue to be accurate.

By submitting public User Content through the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Website and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Website a non-exclusive, perpetual license to access your User Content through the Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

We do not guarantee that any Content will be made available on the Website. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Website.

You are permitted to use the Website for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking the Website in any manner, or violating the Content Standards set below. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.

We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Site that you may choose in your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Website or other products or services.

The Website may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.

Content Standards. Special Disclaimer for legal content.

By using the service on this site, you agree that the Service is intended solely for the purpose of creating AI images or models of yourself or other individuals for whom you have obtained explicit consent. You acknowledge and agree that when creating AI images or models of other individuals, you must have their express permission to use their photos and to create, train, and generate AI-generated images of them.

AIGenEmoji Online contains user generated content, and also may contain personal web pages, forums or other interactive features that allow you to upload, post, submit, publish, display or transmit to other Users Content on or through the Website. All User Content must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following 

Content Standards:

  • Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

  • Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

  • Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.

  • Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.

  • Not be likely to deceive any person.

  • Not promote any illegal activity, or advocate, promote or assist any unlawful act.

  • Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

  • Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.

  • Not involve commercial activities or sales , such as contests, sweepstakes and other sales promotions.

  • Not give the impression that they emanate from us or any other person or entity, if this is not the case.

Rules and Conduct

By using AIGenEmoji Online, you agree that the Service is intended solely for the purpose of creating AI images and models of yourself or other individuals for whom you have obtained explicit written consent. You acknowledge and agree that when creating AI images and models of other individuals, you must have their express written consent to use their photos and to create, train, and generate AI-generated images of them.

By using AIGenEmoji Online to create an AI image or model, you confirm that you are creating a image or model of yourself and are over 18 years old (or the legal age in your country) and are not a politically exposed person, or you have obtained explicit written consent from any individual whose likeness you are using and confirm they are over 18 years old (or the legal age in their respective country) and they are not a politically exposed person.

By using the AIGenEmoji Online, you agree that you are at least 18 years old or have reached the legal age of majority in your country of residence. If you are under 18 or the legal age in your country, you are prohibited from using this app. It is your responsibility to ensure that you comply with your local laws regarding age restrictions for digital services.

AIGenEmoji Online's video creation functionality is strictly for lawful and ethical purposes. By using the app, you agree NOT to create or distribute videos that: 1) Impersonate real individuals without their explicit consent, 2) Engage in or promote scams, fraud, or other misleading activities, 3) Promote or sell illegal products, services, or content, 4)Engage in political campaigning, advocacy, or misinformation, 5) Produce deepfake content with the intent to deceive, defraud, or mislead others, 6) Create content that violates privacy or portrays individuals in a harmful or false light, 7) Distribute violent, hateful, or discriminatory content of any kind, 8) Create false photography or documents to breach people's accounts. You agree to only use the video creation functionality for positive and lawful purposes, such as but not limited to: 1) Creating advertisements for legitimate products and services, 2) Marketing campaigns that promote legal and ethical businesses, 3) Explainer videos or tutorials to educate viewers, 4) Educational content for personal or commercial use, 5) Any other purpose that complies with applicable laws and this TOS.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action (including making use of the Site, any Assets or our models or derivatives of our models) that: would constitute a violation of any applicable law, rule or regulation; infringes upon any intellectual property or other right of any other person or entity; is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, furthering of self-harm or profane; creates Assets that exploits or abuses children; generates or disseminates verifiably false information with the purpose of harming others; impersonates or attempts to impersonate others; generates or disseminates personally identifying or identifiable information; creates Assets that implies or promotes support of a terrorist organization; creates Assets that condone or promote violence against people based on any protected legal category.

You agree to not use the Service for the purpose of generating nudes or pornography.

By using the Service and uploading any content, you expressly acknowledge and agree that you will not upload, post, generate or share any photographs or content depicting minors (individuals under the age of 18). You further agree that, in compliance with applicable laws and regulations, we reserve the right to monitor and review any uploaded any generated content, and if we identify any content featuring minors, we will immediately remove such content and report any instances of potential child exploitation, endangerment, or abuse to the appropriate law enforcement authorities in your respective jurisdiction. By using our platform, you consent to such monitoring, review, and reporting, and you understand that you may be subject to legal repercussions if you violate these terms.

Further, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on AIGenEmoji Online’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures AIGenEmoji Online may use to prevent or restrict access to the Service (or parts thereof); (iv) use any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods, other than as permitted through an allowable API; (v) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services that are not open (except to the extent such restrictions are contrary to applicable law); and (vi) reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without our express written permission.

Law and Copyright Infringement

We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

If you believe that any User Content violate your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written takedown notice including the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

  3. 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.

  4. Information reasonably sufficient for us to contact you, such as email, address, telephone number.

  5. A statement that you 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.

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The notice should be addressed to [[email protected]].

Disclaimer of Warranties, Limitations of Liability and Indemnification.

Your use of AIGenEmoji Online is at your sole risk. The service is provided “as is” and “as available”. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.

Publicity Rights

(a) The Owner grants AIGenEmoji Online the right to include the Owner's organization as a customer in Product promotional material.

(b) The Owner can deny AIGenEmoji Online this right by submitting a written request via email to [email protected], requesting to be excluded from Product promotional material.

(c) Should the Owner come to be or already be included in Product promotional material as a result of any prior purchases where the Owner did not request exclusion from Product promotional material, the Owner can, at any point in time, submit a written request via email to [email protected] to have AIGenEmoji Online remove the Owner's organization name from Product promotional material. Upon receipt of such request, AIGenEmoji Online will remove any reference to the organization from such promotional material within 30 days and make no further reference to it.

Geographic Restrictions

For now, we provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible, appropriate or legal outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Termination of Accounts

You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services.

Governing Law and Jursidiction

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York.

Waiver and Severability

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and AIGenEmoji Online and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Modification of the Terms

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

Billing

AIGenEmoji Online offers a free and paid Service. You can learn more about AIGenEmoji Online’s various subscription offerings in pricing page. Pricing may vary by location and will be based on the billing information you provide us at the time of purchase.

a. Subscriptions and Renewals. If you are subscribing to AIGenEmoji Online, you can sign up for a monthly or annual subscription. Your subscription will automatically renew on a monthly or annual basis as applicable. You can cancel your subscription at any time. If you cancel your subscription, you will not receive a refund or credit for any amounts that have already been billed.

b. Taxes. Your subscription fees are inclusive of all taxes unless otherwise specified in an agreement with AIGenEmoji Online, within the Service or on an applicable invoice. Tax rates are calculated based on the billing information you provide and the applicable tax rate at the time of your subscription charge.

c. Cancellation. You can stop using the Service and/or cancel your subscription at any time via your account settings. If you cancel your subscription you will not be entitled to a refund of any fees already paid and any outstanding fees will become immediately due and payable.

d. Free Trials and Pilots. AIGenEmoji Online may offer you a free trial or pilot to allow you to try our Service. AIGenEmoji Online reserves the right to set eligibility requirements and the duration for free trials and pilots.

e. Changes to Pricing. AIGenEmoji Online reserves the right to change its prices at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal or thirty (30) days after notice, whichever is later.

f.Billing Communications. You agree that AIGenEmoji Online may contact you at any time by email, push notifications, or other method with information relevant to your subscription, billing, and use of the Service.