User Agreement

Acceptance of Terms

By downloading, installing, or using the HoliPixAI application (hereinafter referred to as “the Application”), you (hereinafter referred to as “the User”) agree to be bound by all the terms and conditions of this User Agreement (hereinafter referred to as “the Agreement”). If you do not agree to any part of this Agreement, you must not download, install, or use the Application. This Agreement constitutes a legal agreement between you and the developer of HoliPixAI (hereinafter referred to as “the Developer”), governing your use of the Application and all related services provided through it. The Application does not collect, store, process, or use any user’s face information in any form during your use. The Application is provided on an “as is” and “as available” basis, and your use of the Application is at your own risk.

Eligibility to Use

To use the Application, you must be of legal age to enter into a binding agreement under applicable laws of your jurisdiction. By using the Application, you represent and warrant that you meet this eligibility requirement and that all information you provide (if any) in connection with your use of the Application is true, accurate, and complete. You further warrant that you will use the Application in compliance with all applicable laws, regulations, and this Agreement. Minors may use the Application only with the supervision and express consent of a parent or legal guardian, who shall be solely responsible for ensuring that the minor’s use of the Application complies with this Agreement and all applicable laws, and for all activities of the minor in the Application. The Developer does not collect any face information of any user, including minors, in the course of providing the Application services.

Account-Free Usage

HoliPixAI does not require you to create an account, complete registration procedures, or provide any personal identification information to use the core functions of the Application. You can access and use all features of the Application immediately after downloading and installing it, without entering any usernames, passwords, or personal details. Since no account is required, you are solely responsible for maintaining the security of your device and any information stored on it in connection with your use of the Application. You agree to notify the Developer immediately if you become aware of any unauthorized use of your device or any breach of security related to your use of the Application. No account creation means the Application has no need to collect, verify or store any personal information including your face information, and all your operation data related to the Application is stored locally on your device unless otherwise specified.

Permitted Use of the Application

You are granted a limited, non-exclusive, non-transferable, and revocable license to download, install, and use the Application for your personal, non-commercial use only. This license allows you to use the Application’s core functions, including uploading or taking personal photos, selecting holiday themes and scene templates, and generating holiday-themed images with one click. The Application does not collect, extract, analyze or retain any face information from the personal photos you upload or take through the Application, even if the photos contain human face content.

You agree to use the Application only for legitimate purposes and in a manner that does not infringe upon the rights of others, interfere with the normal operation of the Application, or violate any applicable laws or regulations. Specifically, you agree not to use the Application to upload, take, or generate any images that are illegal, obscene, vulgar, offensive, defamatory, discriminatory, or infringing upon the copyright, trademark, privacy, or other intellectual property rights of any third party. You further agree not to use the Application in any way that could damage, disable, overburden, or impair the Application’s servers or networks, or interfere with any other user’s use of the Application. You may not modify, reverse engineer, decompile, disassemble, or attempt to extract the source code of the Application, or create any derivative works based on the Application. Any unauthorized use of the Application shall not entitle you to any claim against the Developer, and the Developer shall not be liable for any consequences arising therefrom.

Intellectual Property Rights

All intellectual property rights in and to the Application, including but not limited to the software, code, algorithms, designs, graphics, holiday themes, scene templates, logos, and any other content provided through the Application, are owned by the Developer. This Agreement does not grant you any ownership rights in the Application or any of its content, except for the limited license to use the Application as expressly provided herein. In the process of you generating images through the Application, the Developer will not collect any face information from your original photos or the generated images, and will not use any face information for any commercial or non-commercial purpose.

You retain full ownership of the original photos you upload or take using the Application and the holiday-themed images generated by the Application. However, by generating images using the Application, you grant the Developer a non-exclusive, royalty-free, worldwide license to use, reproduce, display, and distribute such generated images for the purpose of improving the Application, providing customer support, and promoting the Application, provided that such use does not include any personal information, identifiable content or face information from your original photos or generated images. You agree that you will not assert any intellectual property rights against the Developer for the use of generated images in accordance with this Agreement and applicable laws.

Face Information Collection and Protection

HoliPixAI strictly abides by the relevant laws and regulations on personal information protection, and does not collect, store, process, extract, analyze, retain or use any face information from the photos you upload or take using the Application in any form or for any purpose. Even if the photos you upload, take or generate through the Application contain human faces, the Application’s technical system will not extract, identify, analyze or retain any facial features, facial biometrics or any other face-related data.

The AI technology used in the Application is solely focused on applying holiday themes and scene templates to the overall image for visual effect optimization, and it does not perform any face recognition, face detection, face analysis or face feature extraction functions. No face information of any user is collected, stored, transmitted or shared by the Application at any time, and no such information is ever provided, disclosed or shared with any third parties, whether for free or for consideration. You acknowledge and agree that your use of the Application does not involve the collection, use or disclosure of any face information, and the Developer shall not be liable for any issues related to face information collection that are not caused by the Developer’s intentional or gross negligent acts.

Disclaimer of Warranties

The Application is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. The Developer disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights. The Developer warrants that the Application will not collect any user’s face information during operation, and all technical designs of the Application are designed to avoid any form of face information collection and processing.

The Developer does not warrant that the Application will be error-free, uninterrupted, or free of viruses or other harmful components, or that any generated images will meet your specific expectations or requirements. The quality of the generated images may vary depending on the quality of the original photos you upload or take, the network environment and other objective factors, and the Developer shall not be liable for any dissatisfaction with the generated images or any direct or indirect losses arising therefrom. The Developer does not warrant that the Application will be compatible with all devices or operating systems, or that any updates to the Application will be available or compatible with your device. You are solely responsible for ensuring that your device meets the minimum system requirements for using the Application and for keeping your device and the Application updated to the latest version.

Limitation of Liability

In no event shall the Developer be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, data, or other intangible losses, arising out of or in connection with your use of or inability to use the Application, unless such damages are caused by the Developer’s intentional or gross negligent acts. This limitation of liability applies regardless of whether the damages are caused by negligence, breach of contract, breach of warranty, or any other legal theory, even if the Developer has been advised of the possibility of such damages. The Developer shall not be liable for any claims, losses or damages arising from the user’s face information, because the Application does not collect any face information of the user at all.

The Developer shall not be liable for any damages arising from your use of the Application in violation of this Agreement, including but not limited to damages resulting from uploading or generating illegal or infringing images, or from unauthorized access to your device or information caused by your own negligence. You agree to indemnify, defend and hold harmless the Developer from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Application, your violation of this Agreement, your infringement of any third-party rights, or any acts of your that cause harm to others. This indemnification obligation shall survive the termination of this Agreement.

Termination

This Agreement shall remain in effect for as long as you use the Application. The Developer reserves the right to terminate this Agreement and your license to use the Application at any time, without prior notice, for any reason, including but not limited to your violation of any term of this Agreement, your use of the Application for illegal or unauthorized purposes, or any breach of intellectual property rights. Upon termination, you must immediately cease all use of the Application, delete the Application from your device, and destroy any copies of the Application or its content in your possession. Upon termination of the Agreement, the Developer will not retain any of your relevant data, and since the Application does not collect any face information, there is no need to process or delete any face information related to you.

You may terminate this Agreement at any time by uninstalling the Application from your device and ceasing all use of the Application. Termination of this Agreement shall not affect any rights or obligations that have accrued prior to termination, including but not limited to any indemnification obligations, limitations of liability, intellectual property rights and the warranty of non-collection of face information under this Agreement.

Changes to This Agreement

The Developer reserves the right to modify or update this Agreement from time to time, at its sole discretion, to reflect changes in the Application, services, or applicable laws and regulations on personal information protection. Any changes to this Agreement will be posted within the prominent position of the Application, and the updated version will take effect immediately upon posting. Your continued use of the Application after any changes to this Agreement have been posted constitutes your unconditional acceptance of the modified Agreement. The Developer’s modification of this Agreement will not change the core commitment that the Application does not collect any user’s face information, and this commitment shall be a permanent and unchangeable clause of this Agreement. We encourage you to review this Agreement periodically to stay informed of any updates.

Contact Us

If you have any questions, concerns, feedback, or requests regarding this User Agreement, your use of the Application, the protection of your information or the non-collection of face information , please feel free to contact us at any time. You can reach us via email at support@holipixai.com, and we will respond to your message within 24 to 48 working hours. We are committed to addressing any issues you may have in a timely and reasonable manner and ensuring that your experience with HoliPixAI is positive and compliant with this Agreement and all applicable laws and regulations.