Terms of Service

Last Updated: 【April 3, 2024】

The following Terms of Service ("Terms") elucidate the conditions governing your utilization of our Service, including our website and mobile applications ("Service"). These Terms constitute a contractual agreement between you and the AI Comics team ("we," "our," "Company", “AI Comics”). It is essential to note that, beyond these overarching Terms, separate guidelines, rules, or privacy policies ("Additional Terms") may also apply to your utilization of the Service. Before using the Service, you must read and accept these Terms and any Additional Terms. If you do not agree to these Terms of Service or any Additional Terms, please uninstall and discontinue use of the Service.

Children under the age of eighteen (or other applicable age of majority in your place of residence) must obtain consent from their parent or guardian before using the Service. Parents and guardians of children under the age of eighteen (or the applicable age of majority in your place of residence) should read these Terms carefully before allowing children to use the Service.

1. User Accounts
2. To utilize certain functionalities within our Service, it is necessary to establish a user account with AI Comics. Unauthorized use of another individual's user account is strictly prohibited. When setting up your user account, it is imperative to provide accurate and complete information. You bear sole responsibility for any activities conducted through your account, and the security of your account password is your responsibility. Prompt notification is required should you become aware of any security breaches or unauthorized usage of your account.
3. While AI Comics is not accountable for any losses incurred as a result of unauthorized account usage, you may be held responsible for losses suffered by AI Comics or others due to such unauthorized activity.
4. Subscription and in-app purchase
5. We offer essential Service for free while introducing premium features available through subscription. Subscribing to our Service incur charges on a weekly, monthly, or annual basis, with certain features also available for one-time purchase. Payment for these Service can be completed through the Apple iTunes Store, Google Play Store, or Stripe. Subscription periods automatically renew until canceled by the user. To avoid unnecessary charges, subscribers have may cancel their subscriptions before the commencement of the next billing cycle. It is important to note that refund is not allowed for paid months.
6. You cannot terminate automatic renewals of subscriptions. Please follow the steps below on how to cancel the automatic renewals.
   1. For Android: Open the Google Play Store app, click the profile icon at the top right, select Payments & subscriptions, then Subscriptions. Choose the subscription you'd like to cancel and click Cancel Subscription.
   2. For Apple/iOS App Store: Open the Settings app, tap your name, click Subscriptions, choose the subscription that you want to manage, and click Cancel Subscription.
7. Use of the Service

You must not use the Service in any way that could harm AI Comics, its affiliates, service providers, licensors, or any third party, or interfere with the Service' operation, or violate any laws. Specifically, you are prohibited from:

• Impersonating anyone or misrepresenting your affiliation.
• Allowing another person to use the Service under your account.
• Unauthorized crawling, scraping, or harvesting of content or personal information.
• Imposing an unreasonable load on AI Comics' network or infrastructure.
• Interfering with the proper working of the Service or attempting to breach the security of any system or network.
• Attempting to decipher, decompile, disassemble, or reverse-engineer any service software.
• Distributing unauthorized materials or advertising goods/service without AI Comics' permission (including sending spam).
• Engaging in any conduct that restricts or inhibits others from using or enjoying the Service, or exposes AI Comics or any third party to liability, damages, or detriment.

1. Your Content and Content Restriction
2. Our Service allows you to post Content. "Content" includes comics, images, GIF animations, text, scripts, graphics, photos, sounds, audiovisual combinations, links, user comments, and other content you may view, access through, or contribute to the Service. You understand that AI Comics does not guarantee the confidentiality of any content you submit. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness. By posting content to the Service, you grant us the rights and license to use, modify, publicly perform, publicly display, copy, and distribute such content on the Service and through the Service. Additionally, for the purpose of promoting, advertising, marketing, and enhancing the overall success of both your Content and AI Comics, you hereby provide AI Comics with a continuous, non-exclusive, worldwide, royalty-free license and rights (but not obligations) to use your Content without this Service and on any other social media platforms.
3. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for Us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
4. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
5. We are not responsible for the Content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
6. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Spam, machine–or randomly–generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
• Impersonating any person or entity including our Company and its employees or representatives.
• Violating the privacy of any third person.
• False information and features.

1. We reserve the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. We further reserve the right to make formatting and edits and change the manner of any Content. We can also limit or revoke the use of the Service if You post such objectionable Content. As we cannot control all contents posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will we be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
2. Although regular backups of Content are performed, we do not guarantee that there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted before being backed up or that changes during the time a backup is performed. We will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that we have no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
3. Copyright Policy

We respect intellectual property rights. If you believe that any content on our Service infringes your copyright, please contact our copyright agent at 【comiccontact@aicomics.fun】 with a detailed description of the alleged infringement. Upon receipt, we'll take appropriate action, including content removal, at our discretion. Please be aware that misrepresentations may lead to liability for damages, costs, and attorneys' fees. To submit a DMCA notice, provide our copyright agent with the following in writing:

• Signature of the authorized person acting for the copyright owner.
• Description of the infringed work and its location on the Service.
• Your contact details.
• A statement affirming your good faith belief in the unauthorized use.
• A statement, under penalty of perjury, confirming the accuracy of your notice.

1. Warranties and Disclaimers

Your use of the Service is at your sole risk. AI Comics disclaims and makes no representations or warranties as to the Service, including whether the Service: is free from viruses or other malicious content; will interoperate or be compatible with any third-party hardware or software; will be error-free, uninterrupted, or available at all times; will meet your requirements; or are lawful in any particular jurisdiction. To the maximum extent permitted by law, AI Comics disclaims all express or implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, in which case the foregoing disclaimers may not apply to you. If you live in, have bought, or use the Service in a jurisdiction that provides statutory or other guarantees under applicable law, nothing in this agreement is intended to limit those rights.

1. Limitation of Liability

In no event shall AI Comics, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

1. Miscellanea
2. Updates to Terms of Service. AI Comics reserves the right to modify these Terms of Service at any time, including by posting updated terms on the Service (subject to applicable law). By continuing to use the Service after any such update you consent to the changes to the Terms of Service. You may also be asked to affirmatively consent to updates to these Terms of Service, and may be prevented from continuing to use the Service if you decline to accept such an update.
3. Privacy. Please review our https://www.aicomics.fun/protocol/policy, which governs the use of personal information in the Service and to which you agree to be bound as a user of the Service.
4. Applicable Law and jurisdiction. Except as stated otherwise, these Terms of Service will be governed by the laws of HongKong. Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non- contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
5. Indemnity. You agree to defend, indemnify, reimburse, and hold harmless the AI Comics Parties from and against any claims, demands, losses, liabilities, or expenses (including attorneys’ fees) incurred in connection with your use of the Service, violation of these Terms of Service, or violation of any person or entity’s intellectual property rights or other rights. We retain the exclusive right to assume the defense and control of any matter that is otherwise subject to indemnification by you under this paragraph, and you agree to cooperate with AI Comics in asserting any available defenses.
6. Severability. If any provision of these Terms of Service is found to be invalid, unlawful, void, or unenforceable, then that provision will be deemed severable and its invalidity will not affect the validity or enforceability of the remainder of these Terms of Service.
7. Cooperation with Law Enforcement. Subject to applicable law, AI Comics reserves the right to involve and cooperate with law enforcement authorities in investigating any matters at any time without notice to you and with or without the receipt of a formal subpoena, search warrant, or other legal process. You acknowledge and agree that AI Comics may provide your electronic communications and data, including emails and chat logs, to such law enforcement authorities without any liability to you or any third party, unless prohibited by law.
8. Survival. In the event these Terms of Service are terminated then any terms that by their nature apply after such termination shall survive, including the rights and licenses you grant to AI Comics, indemnities, releases, disclaimers, limitations of liability, and provisions regarding jurisdiction, choice of law, no class action (if applicable in your country), and mandatory arbitration (if applicable in your country).
9. Assignment. AI Comics may assign its rights and obligations under these Terms of Service, in whole or in part, to any person or entity at any time without notice to you. You may not assign these Terms of Service without our prior written consent.
10. No Waiver. No failure or delay by you or AI Comics in exercising any rights, powers, or remedies will operate as a waiver, and no waiver of any term of these Terms of Service will be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.
11. Entire Agreement. These Terms of Service, together with the Privacy Notice, Additional Terms, and any other terms of use relevant to your use of the Service, constitute the entire understanding and agreement between the parties with respect to your use of the Service and supersede any and all prior or contemporaneous oral or written communications.

Contact Us. Please send your feedback, comments, requests for technical support by email: 【comiccontact@aicomics.fun】