KawaiiCam Terms of Service

Last Updated: July 8, 2025 ### 1. Agreement to Terms Welcome to KawaiiCam (the "App"). These Terms of Use ("Terms") are a legal agreement between you and Avery Intelligence, Inc. ("we," "us," or "our"). By downloading, accessing, or using our App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the App. ### 2. The Service The App allows you to upload your photos and transform them into anime-style artwork using third-party artificial intelligence services. Your original photos and the final artwork are stored locally on your device. ### 3. Subscriptions and Purchases The App is free to use with certain limitations (e.g., watermarked images). You may unlock full features by purchasing an auto-renewing subscription through the App Store. Subscription Plans: We offer weekly ($4.99) and yearly ($69.99) subscription plans. The price for each plan will be displayed in the App at the time of purchase and may vary by region. Payment and Auto-Renewal: All payments are processed by Apple. Subscriptions will automatically renew for the same price and duration period unless you cancel at least 24 hours before the end of the current period. Cancellation: You must cancel your subscription through your iOS device's Settings menu (Settings > [Your Name] > Subscriptions). Deleting the App will not cancel your subscription. Refunds: All billing and refund inquiries must be directed to Apple Support, as we do not process payments. Free Trial: If we offer a free trial period, you will not be charged until the trial period expires. You may cancel during the trial period without charge. ### 4. Fair Use Policy To ensure service availability for all users, your use of the App is subject to a fair use policy. Usage is limited to a maximum of 1,000 image transformations per calendar month. We reserve the right to temporarily limit or suspend access for users who significantly exceed this limit or use the service in a manner that negatively impacts other users. ### 5. Content Rights and Responsibilities • Your Original Content: You retain full ownership of the original photos you upload to the App. • Your Responsibility: You represent and warrant that you have the necessary rights to any photos you upload and that your content does not violate any laws or infringe on third-party rights (e.g., copyright, privacy, publicity rights). • Consent for Faces: If your photos contain recognizable faces of other people, you confirm that you have their permission to use and transform their likeness. • AI-Generated Artwork: The ownership of artwork created by artificial intelligence is a complex and evolving area of law. While you may use the generated artwork for personal, non-commercial purposes, we make no representation or warranty regarding your ability to claim copyright or other intellectual property rights in the final output. • Our Limited License: You grant us a limited, temporary, non-exclusive license to use your uploaded photos solely for the purpose of transmitting them to our AI service provider and generating your anime artwork. We claim no ownership over the generated images. ### 6. Prohibited Uses You agree not to use the App to: • Create inappropriate, offensive, or illegal content • Violate any person's privacy or publicity rights • Upload photos you don't have the right to use • Attempt to reverse engineer or hack the App • Use the App for commercial purposes without our permission • Circumvent usage limits or subscription requirements ### 7. Age Requirements You must be at least 13 years old to use this App. If you are between 13 and 18, you must have your parent or guardian's permission to use the App and agree to these Terms. ### 8. Disclaimer of Warranties THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE AI-GENERATED ARTWORK WILL MEET YOUR EXPECTATIONS OR BE FREE FROM ARTIFACTS OR ERRORS. We do not guarantee: The quality or accuracy of AI transformations Uninterrupted or error-free service That the App will meet your specific requirements The availability of specific anime styles or features ### 9. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AVERY INTELLIGENCE, INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE APP OR THE AI-GENERATED ARTWORK, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Our total liability to you for all claims arising from your use of the App shall not exceed the amount you paid for the App in the twelve months preceding the claim. ### 10. Indemnification You agree to indemnify and hold harmless Avery Intelligence, Inc., its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from: • Your use of the App • Your violation of these Terms • Your violation of any third-party rights • Any content you create or share using the App ### 11. Dispute Resolution Governing Law: These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of law principles. Arbitration: Any dispute arising from these Terms or your use of the App shall be resolved through final and binding arbitration conducted by the American Arbitration Association under its Consumer Arbitration Rules, not in court. The arbitration shall be conducted in Delaware. Class Action Waiver: All disputes must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You waive any right to participate in a class action lawsuit against us. Small Claims Exception: Either party may bring qualifying claims in small claims court. ### 12. General Provisions • Termination: We may terminate or suspend your access to the App at any time for any reason, including a breach of these Terms. Upon termination, your right to use the App will immediately cease. • Changes to Terms: We may modify these Terms at any time. We will notify you of material changes through the App. Your continued use of the App after any changes constitutes your acceptance of the new Terms. • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. • Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and Avery Intelligence, Inc. regarding the App. • No Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision. ### 13. Contact Us If you have any questions about these Terms, please contact us: Avery Intelligence, Inc. 1300 El Camino Real, Suite 100 #66 Menlo Park, CA 94025 Email: legal@averyintel.com Support: legal@averyintel.com Back to App | Privacy Policy | Support | Avery Intelligence