1. Introduction
Welcome to Ellydee. These Terms of Service ("Terms") govern your access to and use of our website, mobile application, and services (collectively, the "Service"). Please read these Terms carefully before using the Service.
By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the Terms, you may not access the Service. These Terms constitute a legally binding agreement between you and Ellydee.
2. Definitions
In these Terms of Service:
- "Service" refers to the website, mobile application, and services operated by Ellydee, including all content, features, and functionality offered.
- "User," "You," and "Your" refer to the individual or entity accessing or using the Service.
- "We," "Us," "Our," and "Company" refer to Ellydee.
- "Content" refers to all information, data, text, graphics, photographs, videos, audio clips, links, and other materials that may be created, uploaded, posted, sent, received, stored, or otherwise made available through the Service.
- "User Content" refers to Content that users create, upload, post, send, receive, or store on or through the Service.
3. Eligibility and Account Registration
To use certain features of the Service, you may be required to register for an account. You agree to:
- Provide accurate, current, and complete information during the registration process.
- Maintain and promptly update your account information to keep it accurate, current, and complete.
- Keep your account credentials secure and confidential.
- Be responsible for all activities that occur under your account.
- Immediately notify us of any unauthorized use of your account or any other breach of security.
You must be at least 13 years old (or the minimum age required in your country) to use the Service. If you are under the age of 18, you must have permission from a parent or legal guardian to use the Service and agree to these Terms.
We reserve the right to refuse registration, terminate accounts, remove or edit Content, or cancel orders at our sole discretion.
4. User Responsibilities and Conduct
4.1 Lawful Use
By using the Service, you agree to comply with all applicable federal, state, and local laws and regulations. You are solely responsible for ensuring that your use of the Service and any content you create, upload, or transmit is lawful in your jurisdiction. You agree to:
- Use the Service only for lawful purposes and in accordance with these Terms.
- Not use the Service in any way that violates any applicable local, state, national, or international law or regulation.
- Not engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service.
- Not use the Service to transmit or facilitate the transmission of any unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable material.
- Not impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
- Not use the Service to distribute or send any unauthorized promotions, advertisements, or solicitations.
- Not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
- Not attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
- Not use any automated system, including "robots," "spiders," or "offline readers," to access the Service.
4.2 Deepfakes, Likeness, and Non-Consensual Content
You are strictly prohibited from using the Service to create, generate, upload, or distribute synthetic media, "deepfakes," or any content depicting the likeness of another person without that person's explicit consent. You may not use the Service to produce, share, or store non-consensual intimate imagery or any content that violates another individual's right of publicity, privacy, or personality.
Attempting to manipulate, bypass, jailbreak, or circumvent the safety features or usage policies of any generative artificial intelligence or machine learning models integrated into the Service is a misuse of the Service, violates these Terms, and may result in the immediate deletion of your account without prior notice.
4.3 Child Sexual Abuse Material (CSAM)
We maintain a strict, zero-tolerance policy regarding child sexual abuse material (CSAM). You may not use the Service to create, upload, transmit, distribute, store, or access any CSAM, or any content that sexually exploits, endangers, or depicts minors in a sexual manner. We will fully cooperate with any and all law enforcement requests and investigations relating to CSAM without resistance of any kind, and we reserve the right to report any suspected violations to the appropriate authorities immediately.
4.4 Termination
We reserve the right to terminate or restrict your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms, misuse generative features, or create or distribute prohibited content.
5. Intellectual Property
5.1 Service Content
The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Ellydee and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Ellydee.
5.2 User Content
You retain all intellectual property rights you hold in the User Content you post, upload, or generate using the Service. All User Content, including any content created with the aid of artificial intelligence or machine learning features (“AI-Generated Content”), belongs exclusively to you. Ellydee makes absolutely no claim of ownership, title, or interest in any User Content or AI-Generated Content.
By posting, uploading, or generating User Content through the Service, you grant us a limited, worldwide, non-exclusive, royalty-free license (with the right to sublicense solely to our service providers) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content strictly as necessary to operate, provide, and improve the Service. This license is solely for the purpose of facilitating your use of the Service and does not constitute a transfer of ownership.
You represent and warrant that:
- You own or control all rights in and to the User Content you post, upload, or generate, or you have the right to grant the license described above.
- All of your User Content does and will comply with these Terms.
- Your User Content, including any AI-Generated Content, does not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.
- You will not use the Service to generate or share content that infringes upon or misappropriates the intellectual property of any third party.
6. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Ellydee, its affiliates, directors, employees, agents, or licensors be liable for:
- Any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, the Service.
- Any damages arising from: (i) unauthorized access to or use of our servers and/or any personal information stored therein; (ii) interruption or cessation of transmission to or from the Service; (iii) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party; and (iv) errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service.
The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or Ellydee was advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you.
7. Disclaimer of Warranties
The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Ellydee expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Ellydee makes no warranty that:
- The Service will meet your requirements.
- The Service will be uninterrupted, timely, secure, or error-free.
- The results that may be obtained from the use of the Service will be accurate or reliable.
- The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.
- Any errors in the Service will be corrected.
8. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Service.
9. Contact Information
If you have any questions about these Terms, please contact us at:
Ellydee
Email: hello@ellydee.ai