Licencia de copyright

By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Copyright License ("License").

1         Definitions.

1.1   Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image.

1.2   Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this License.

1.3   Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, without regard to how the rights are labeled or categorized.

1.4   Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Product.

1.5   Licensed Product means [module], excludes any lines of code, machine learning models, or other software offered by Licensor.

1.6   Licensed Rights means the rights granted to You subject to the terms and conditions of this License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Product and that the Licensor has authority to license. Moral rights, such as the right of integrity, are not licensed under this License, nor are publicity, privacy, and/or other similar personality rights.

1.7   Licensor means Deemos Technology (Shanghai) Co., Ltd.

1.8   Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.

1.9   You means the individual or entity exercising the Licensed Rights under this License. Your has a corresponding meaning.

2         License.

2.1   Subject to Your compliance of the terms and conditions of this License, the Licensor hereby grants You a worldwide, non-sublicensable, non-exclusive license to exercise the Licensed Rights in the Licensed Product to sell, redistribute, modify, publish, or sublicense the purchased content, but this content may not be used to create a competing service with Hyperhuman.ai products or services.

2.2   Each purchase constitutes a grant of a license, not a transfer of title. Under the license You may not: attempt to decompile or reverse engineer any software or any aspects of the Licensed Product; remove any copyright or other proprietary notations; or transfer the content to another person without permission or mirror any part of the Licensed Product.

2.3   You are strictly prohibited from using the Licensed Product to train, improve, enhance, or otherwise develop competing AI models and services, including open-sourced and closed-sourced alternatives, without explicit written permission from the Licensor.

2.4   Patent and trademark rights are not licensed under this License. You bear final and ultimate responsibility for ensuring logos, trademarks, and other intellectual property are used faithfully according to their licensing terms. The Licensor requires You to honor intellectual property rights and not to resell, distribute, publish, or otherwise use logos, trademarks, and other intellectual property without proper permission of the content owner. You who use the Licensed Product to violate intellectual property rights are in strict violation of this License, and are solely responsible for the legal consequences of these violations.

2.5   For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this License does not apply, and You do not need to comply with its terms and conditions.

3         Price

3.1   [Price].

3.2   The Licensor may inadvertently publish erroneous pricing. In cases of dispute, incorrect prices may not be honored, and this decision is solely at the discretion of The Licensor. The Licensor will endeavor to notify You as soon as possible upon incorrect pricing and will provide a refund, less the amount of consumed services, upon request for You.

3.3   Refunds for AI services differ from refunds for the graphic platform. AI services are not refundable. If unhappy with AI services, Users should contact the Licensor about exploring an alternative outcome that accommodates everyone. The Licensor will offer its best effort to find a mutually agreeable solution, but this is not guaranteed.

3.4   The Licensor prohibits and condemns illegal or abusive practices with the intent to harm others. Such conduct may result in account suspension or termination, without recourse of refunds.

4         Term and Termination.

4.1   [Term].

4.2   This License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this License, then Your rights under this License terminate automatically. Upon termination of this license, You must destroy any content in their possession whether in electronic or printed format.

4.3   For the avoidance of doubt, the Licensor may also offer the Licensed Product under separate terms or conditions or stop distributing the Licensed Product at any time; however, doing so will not terminate this License.

4.4   Sections 1, 4, 5, 6 and 7 survive termination of this License.

5         Other Terms and Conditions.

5.1   You are not allowed to use Licensed Product to: (1) In any way that violates any applicable national, federal, state, local or international law or regulation; (2) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way; (3) To generate or disseminate verifiably false information and/or content with the purpose of harming others; (4) To generate or disseminate personal identifiable information that can be used to harm an individual; (5) To defame, disparage or otherwise harass others; (6) For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation; (7) For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics; (8) To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm; (9) For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories; (10) To provide medical advice and medical results interpretation; (11) To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).

5.2   The Licensor reserves the right to investigate complaints or reported violations of this License and to take any action we deem appropriate, including but not limited to canceling your account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

5.3   You agree not to use Licensed Product negligently, for fraudulent purposes or in an unlawful manner. Likewise, You agree not to partake in any conduct or action that could damage the image, interests or rights of the Licensor or third parties.

5.4   You will not interfere with the functioning of the Licensed Product, in particular, he/she/it will not impersonate another user or person. You agree not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Licensed Product, which may impact the security of the Licensed Product, or which may in any way interfere with the Licensed Product offered by the Licensor. The use of robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of Licensed Product or the Licensed Product in any way which is contrary to the ordinary use of Licensed Product, or which infringes the Licensor’s interests (without its express prior authorization) is strictly prohibited. Likewise, obtaining or attempting to obtain the contents of Licensed Product using any method or system not expressly authorized by the Licensor or which is not the ordinary method of accessing Licensed Product is also strictly prohibited.

5.5   You shall be responsible for any costs required for the Licensed Product’ use and for ensuring, prior to using the Licensed Product, that the Licensed Product’ features meet Your needs and that he/she/it meets all requirements and has all the equipment and software necessary for this purpose.

5.6   The rights granted to You under this License are personal and shall not be assigned to any third party (including affiliates or entities part of the same group of companies) totally or partially, by any mean, without the prior express written consent from the Licensor.

5.7   If any provision in these Terms is declared invalid or unenforceable, it shall be substituted at the Licensor's discretion or deemed as it had not been included. The remaining provisions in these Terms shall not be affected in any way.

6         Disclaimer of Warranties and Limitation of Liability.

6.1   Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Product as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Product, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.

6.2   To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this License or use of the Licensed Product, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.

6.3   The Licensor will make reasonable commercial efforts in order to ensure the accuracy of keywords and descriptions, as well as the identification of content as exclusively for editorial use or any equivalent expression. However, THE COMPANY NEITHER WARRANTS NOR MAKES ANY REPRESENTATION REGARDING ANY KEYWORD, TITLE OR DESCRIPTION; OR THE IDENTIFICATION OR LACK OF IDENTIFICATION OF ANY VISUAL CONTENT AS EXCLUSIVELY FOR EDITORIAL USE. For this reason and notwithstanding any other liability limitation that may be applicable in accordance with this License, the Licensor shall neither indemnify nor assume any liability in connection with any claim resulting from inaccurate keywords, titles or descriptions, or from the use of the visual content identified as exclusively for editorial use.

6.4   The Licensor cannot warrant uniqueness of output, nor non-infringement of intellectual property, nor other violation of rights. As with other software tools, the User bears sole and full responsibility for non-infringment of intellectual property laws and compliance with all applicable laws.

6.5   The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

7         Miscellaneous

7.1   To the extent possible, if any provision of this License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this License without affecting the enforceability of the remaining terms and conditions.

7.2   No term or condition of this License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.

7.3   Nothing in this License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.

7.4   This License shall be governed by and construed in accordance with the laws of the People’s Republic of China.