1. Agreement to These Terms
These Terms of Service (“Terms”) form a binding agreement between you and the operator of AI Emoji (“AI Emoji,” “we,” “us,” or “our”). They govern your access to and use of the AI Emoji mobile application, website, AI generation features, support services, and related products (collectively, the “Service”).
Our Privacy Policy explains how we handle personal information and is incorporated into these Terms by reference.
2. Eligibility
You must be at least 13 years old, or the minimum digital-consent age in your country, to use the Service. If you are under the age of legal majority where you live, a parent or legal guardian must review and agree to these Terms on your behalf.
You may not use the Service if you are prohibited from doing so under applicable law or if your account has previously been terminated for serious or repeated violations.
3. Accounts and Security
You are responsible for providing accurate account information, maintaining the confidentiality of your credentials, and all activity occurring under your account. Notify us promptly at theriseoffishes@gmail.com if you suspect unauthorized access.
You may not sell, transfer, rent, or share an account in a way that compromises security or bypasses plan limits.
4. The Service and AI-Generated Outputs
AI Emoji uses automated systems to create stylized emoji images from photos and instructions you provide. AI-generated content can be unpredictable. Outputs may contain visual inaccuracies, unexpected details, or similarities to other content.
You are responsible for reviewing each output before using or sharing it. The Service is intended for creative and entertainment purposes and must not be used as a substitute for professional, legal, medical, financial, identity-verification, or safety-critical judgment.
We may modify, suspend, or discontinue features to improve the Service, address security risks, comply with law, or manage technical limitations. We will provide notice when reasonably practical for material changes affecting paid features.
5. Your Photos, Prompts, and Other Content
You retain ownership of photos, text, and other materials you submit (“User Content”). You represent that you have all rights, permissions, and lawful authority needed to upload and process User Content.
Do not upload another person’s photo without their permission. For images of minors, a parent or legal guardian must authorize the upload and use.
You grant AI Emoji a limited, worldwide, non-exclusive license to host, copy, process, modify, and display User Content solely as needed to provide, secure, troubleshoot, and improve the Service. This license ends when the content is deleted from active systems, subject to limited backup, legal, and security retention described in the Privacy Policy.
6. Your License to Generated Emoji Packs
Subject to these Terms and applicable law, you may download and use generated outputs for personal, non-commercial purposes, including messaging, social posts, profile images, and personal creative projects.
Commercial use requires a plan or written license that expressly permits commercial use. Even with a commercial license, you are responsible for obtaining third-party permissions for trademarks, copyrighted characters, branded clothing, artwork, or another person’s likeness appearing in an output.
Because AI systems may produce similar results for different users, we do not guarantee that an output will be unique or eligible for copyright, trademark, or other intellectual-property protection.
7. Prohibited Conduct
You may not use the Service to create, upload, request, distribute, or promote content that:
- violates law or infringes privacy, publicity, copyright, trademark, or other rights;
- depicts or facilitates sexual exploitation, abuse, or endangerment of minors;
- is intended to harass, threaten, defame, impersonate, deceive, or non-consensually sexualize another person;
- supports fraud, identity theft, malware, unauthorized surveillance, or other harmful conduct;
- promotes terrorism, violent extremism, or targeted violence;
- contains another person’s biometric or facial information without appropriate permission;
- attempts to bypass safety controls, usage limits, payment systems, or technical restrictions.
You also may not scrape the Service, reverse engineer protected components, overload our infrastructure, or use automated means to access the Service except through an interface we expressly provide.
8. Purchases, Subscriptions, and Refunds
Some features may require payment. Prices, included credits, generation limits, renewal terms, and trial conditions are shown before purchase. Subscriptions renew automatically unless canceled through the relevant app store or payment provider before the renewal date.
Taxes may apply based on your location. Except where required by law or stated in a specific offer, purchases are non-refundable once credits or generation services have been used. Refund requests for app-store purchases may need to be submitted directly to the store.
We may change future pricing with advance notice. Price changes do not retroactively alter a completed one-time purchase.
9. AI Emoji Intellectual Property
The Service, including its software, interface, branding, templates, models, documentation, and original design elements, is owned by AI Emoji or its licensors and is protected by intellectual-property laws. These Terms do not transfer ownership of the Service to you.
You may not use the AI Emoji name, logo, or brand assets in a way that suggests sponsorship or endorsement without written permission.
10. Suspension and Termination
You may stop using the Service at any time and may request deletion through the app or our Delete Account page.
We may restrict or terminate access when we reasonably believe you have violated these Terms, created risk or legal exposure, failed to pay applicable fees, or used the Service in a way that threatens users, systems, or third parties. Where appropriate, we may provide notice and an opportunity to appeal.
Sections that by their nature should survive termination—including ownership, disclaimers, limitations of liability, indemnity, and dispute provisions—will continue to apply.
11. Disclaimers
To the fullest extent permitted by law, the Service is provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.
We do not warrant that outputs will be accurate, unique, suitable for a specific purpose, or free of third-party claims. Nothing in these Terms excludes warranties or consumer rights that cannot lawfully be excluded.
12. Limitation of Liability
To the fullest extent permitted by law, AI Emoji and its affiliates, officers, employees, contractors, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, goodwill, or business opportunities arising from the Service.
Our total liability for all claims arising out of or relating to the Service will not exceed the greater of (a) the amount you paid to AI Emoji during the 12 months before the event giving rise to the claim or (b) US $100. These limits do not apply where prohibited by law or to liability that cannot be limited.
13. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless AI Emoji and its affiliates from claims, damages, losses, and reasonable legal fees arising from your User Content, your use of generated outputs, your violation of these Terms, or your infringement of another person’s rights.
14. Governing Law and Disputes
These Terms are governed by the laws of the State of California, United States, without regard to conflict-of-law principles, except where mandatory consumer law in your country applies.
Before filing a formal claim, you agree to contact theriseoffishes@gmail.com and make a good-faith effort to resolve the dispute informally for at least 30 days. Courts located in San Francisco County, California will have jurisdiction over disputes that are not subject to a mandatory local forum.
15. General Terms
If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, restructuring, or sale of assets.
These Terms and the Privacy Policy are the entire agreement between you and AI Emoji regarding the Service. We may update these Terms from time to time. Material changes will be communicated as required by law, and the updated effective date will appear at the top of this page.
16. Contact
Questions about these Terms may be sent to:
AI Emoji Legal Team
Email: theriseoffishes@gmail.com