1. Terms of Service

The terms and conditions set forth below (the "terms") govern your use of the website located at admaker.ai (the "site") and any services available on the site (collectively, the "services"). These terms are a legal contract between you and AdMaker and govern your access to, and use of, the services and the site. If you do not agree with any of these terms, do not access or otherwise use this site, the services or any information contained on this site. Your use of this site and/or the services will be deemed to be your agreement to abide by each of the terms set forth below. We may make changes to the content and the services offered at any time by posting updated terms of use on the site(s) and by sending registered users an email notice of the changes. We may also impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability. If any modification is unacceptable to you, you will cease using the site or services. If you do not cease using the site or services, you will be deemed to have accepted the change.

AdMaker utilizes artificial intelligence systems to produce certain digital content that is generated by users through the Services (such content, ("Assets"). In order to use the Services, you must register through the Site. There are multiple tiers of membership, one does not require any payment ("Free Tier") and the others are a paid subscription. Users of the Free Tier have limited rights. Users of paid subscription tiers have rights associated with the subscription tier chosen by the user. When you register on the Site, you are asked to create your own profile. Your profile includes, but is not limited to, personal information such as your user name, your email and general information you wish to disclose about yourself. Upon successful registration, you become a member of the Website (a "Member"), and for as long as you remain a Member, you agree to comply with the then applicable Terms. All Services are licensed and not sold. Each user must have a unique account, and you are responsible for any activity conducted on your account. Except as applicable to a business or enterprise, you must not make available to other people your account username or password or otherwise share with other people access to your account. A breach or violation of any of these Terms may result in an immediate termination of your right to use the Services and AdMaker reserves the right to ban you and any IP address or other identifier associated with you or your account.

We process and store information in the United States and other countries. By using our Services you authorize AdMaker to transfer your personal information across national borders and to other countries where AdMaker and its partners operate.

The Site may contain hyperlinks to web sites that are not controlled by AdMaker. You acknowledge and agree that AdMaker is not responsible for and does not endorse or accept any responsibility over the content or use of these web sites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these web sites. You further understand that such third party sites and third party services are governed by separate agreements accompanying such portions of the Services and You agree to be bound by the terms and conditions of such agreements. Your dealings with other entities promoted on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such other entity. You agree that AdMaker will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities through the Services.

AdMaker offers free and paid Services. You can learn more about AdMaker's paid subscription offering on the Site or by contacting [email protected]. You can sign up for a monthly subscription, payable in U.S. dollars, that will automatically renew on a monthly basis, or for a yearly subscription, payable in U.S. dollars, that will automatically renew on a yearly basis. You can stop using the Services and cancel your subscription at any time through the website or by emailing AdMaker at [email protected]. If you cancel your subscription, or if AdMaker has terminated your right to use the Services because of a breach or violation of any of these Terms, you will not receive a refund or credit for any amounts that have already been billed or paid. AdMaker 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 our notice to you, whichever is later.

Unless otherwise stated, your subscription fees ("Fees") do not include federal, state, local, or any foreign taxes, duties, and other similar assessments ("Taxes"). You are responsible for all Taxes associated with your purchase of a subscription and AdMaker may invoice you for such Taxes. You agree to timely pay such Taxes and provide AdMaker with documentation showing the payment or additional evidence that AdMaker may reasonably require. If any amount of your Fees is past due, AdMaker may suspend your access to the Services after AdMaker provides you with written notice of late payment. You may not create more than one account to benefit from the Free Tier of AdMaker's Services. If AdMaker believes you are not using the Free Tier in good faith, AdMaker may charge you standard fees or terminate your access to the Services.

6.1 AdMaker Moderation Policy All use of the Services, regardless of the subscription tier, or Free Tier, must be in compliance with AdMaker's Moderation Policy at https://admaker.ai/ and any failure to comply with the Moderation Policy will be deemed a breach of the licenses granted under these Terms. AdMaker reserves its rights to pursue any legal remedy for breach of the license grants. 6.2 Subscription License Subject to your compliance with these Terms, and any applicable laws or other limitations, AdMaker grants you a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, freely revocable license to access and use the Services for business or personal use subject to the limitations and restrictions of the subscription tier associated with your account. You own all your original content in the Assets you create with the Services and AdMaker hereby assigns to you all copyright rights it may have in your original content of the Assets subject to the following restrictions: (i) Assets may not be used to train artificial intelligence models, systems or networks or similar technology; and (ii) all uses of the Assets by you remain subject to any limitations on use in the AdMaker Moderation Policy. Any breach of these restrictions shall result in the immediate termination of this Agreement, and all rights granted to you shall revert to AdMaker. You must immediately cease all use of the Assets and, upon request, return or destroy any copies of the Assets in your possession. The obligations set forth in this restrictive covenant shall survive the termination or expiration of these Terms.

7.1 Rules and Conduct As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms. 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 AdMaker models or derivatives of AdMaker models) that: (i) would constitute a violation of any applicable law, rule, or regulation; (ii) infringes upon any intellectual property right or any right or privacy or right of publicity or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, furthering of self-harm, or profane; (iv) creates Assets that exploit or abuse children or that depict images of a child or children being exploited or abused; (v) generates or disseminates verifiably false information with the purpose of harming others; (vi) impersonates or attempts to impersonate others; (vii) generates or disseminates personally identifying or identifiable information; (viii) creates Assets that imply or promote support of a terrorist organization; or (ix) creates Assets that condone or promote violence against people based on any protected legal category.

8.1 Disclaimer of Consequential Damages AdMaker shall not be liable to you for any damages resulting from your displaying, copying, or downloading or any use of any of the materials, content, assets (including free tier assets) or third-party content to or from the site or the services. You understand and agree that in no event shall AdMaker be liable to you or any third party for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages arising out of or in connection with the service, or damages or costs due to procurement of substitute goods or services, whether or not AdMaker has been advised of the possibility of such damages, arising out of or in connection with the terms or the service, on any theory of liability, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory. 8.2 Limitation of Direct Damages Our liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited in the aggregate to the greater of fifty US dollars (U.S. $50), or the amount paid by you to AdMaker in the six (6) months immediately prior to the date of the event giving rise to such asserted claim. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

9.1 Electronic Communications The information communicated on the Site constitutes an electronic communication. When you communicate with AdMaker through the Site or other forms of electronic media, such as e-mail, you are communicating with AdMaker electronically. You agree that AdMaker, on behalf of itself and others who may be involved with delivering the Services (as applicable), may communicate electronically by e-mail and/or may make communications available to you by posting them on the Site, and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by AdMaker. Notices and communications to AdMaker must be sent to the applicable address given in these Terms or to [email protected]. 9.2 Force Majeure Neither party will be liable to the other for any breach of this Agreement which arises because of any circumstances which the defaulting party cannot reasonably be expected to control (which shall include but not be limited to, any act of god, fire, casualty, flood, pandemic or epidemic, war, labor disputes, governmental action, failure of public services, interruption or failure of the Internet or of any network, telecommunications, power supply or infrastructure, or any provider of any of the foregoing but, for the avoidance of doubt, shall not include shortage or lack of available funds, provided it promptly notifies the other party of such circumstances. If performance has been interfered with, hindered, delayed or prevented for a period in excess of thirty (30) days, the party whose performance is not affected may terminate this Agreement immediately by written notice to the other party.

For questions regarding the Services, you can get in touch by emailing AdMaker at [email protected].