# Terms of Service
**Last Updated:** December 2024
## 1. Introduction and Acceptance
Welcome to MakeMeHairy (the “App”), a mobile application published by **Cubex** (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the MakeMeHairy mobile application and related services (collectively, the “Service”).
By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.
If you are using the App on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
## 2. Company Information
**Publisher:** Cubex
**Owner:** Danial Keshani
**Email:** [email protected]
**Location:** Amsterdam, Netherlands
**Chamber of Commerce:** Registered in Amsterdam Chamber of Commerce
## 3. Description of Service
MakeMeHairy is a mobile application that uses artificial intelligence technology to process user-uploaded photographs and add mustache overlays to detected faces for entertainment purposes. The Service includes:
– Photo upload and capture functionality
– AI-powered face detection and image processing
– Mustache overlay generation using third-party AI services
– Cloud storage for processed images (for registered users)
– User account management and authentication
– In-app purchases and subscription management
The App is provided for entertainment purposes only. We do not guarantee the accuracy, quality, or suitability of the processed images for any particular purpose.
## 4. Eligibility and Age Requirements
### 4.1 Minimum Age
You must be at least 13 years old to use the App. If you are under 18 years old, you represent that you have obtained parental or guardian consent to use the App and agree to these Terms.
### 4.2 EU Users
If you are located in the European Economic Area (EEA), you must be at least 16 years old to use the App, or have parental consent if you are between 13 and 16 years old.
### 4.3 Account Responsibility
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
## 5. User Accounts and Access
### 5.1 Guest Users
You may use the App without creating an account as a “Guest User.” Guest Users are subject to the following limitations:
– Limited to 1 free image generation per device
– Images are processed but not stored in cloud storage
– Usage data is stored locally on your device only
### 5.2 Registered Users
By creating an account or signing in (via Google Sign-In, Email/Password, or Phone Authentication), you become a “Registered User” and gain access to:
– Additional image generations based on your subscription tier
– Cloud storage for your original and processed images
– Access to your generation history across devices
– Subscription and purchase management
### 5.3 Account Termination
We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:
– Violation of these Terms
– Fraudulent or illegal activity
– Abuse of the Service
– Non-payment of subscription fees
## 6. User Content and Intellectual Property
### 6.1 Your Content
You retain all ownership rights to the photographs and images you upload to the App (“User Content”). By uploading User Content, you represent and warrant that:
– You own or have the necessary rights and permissions to use and upload the User Content
– The User Content does not violate any third-party rights, including copyright, trademark, privacy, or publicity rights
– You have obtained consent from all individuals depicted in the User Content (if required by applicable law)
– The User Content does not contain illegal, harmful, or offensive material
### 6.2 License to Process
By uploading User Content, you grant us a limited, non-exclusive, royalty-free license to:
– Process, store, and transmit your User Content for the purpose of providing the Service
– Share your User Content with third-party AI processing services as necessary to provide the Service
– Store your User Content in cloud storage (for Registered Users only)
This license terminates when you delete your User Content or account, except as necessary to comply with legal obligations.
### 6.3 Prohibited Content
You agree not to upload, post, or transmit any User Content that:
– Violates any applicable laws or regulations
– Infringes on intellectual property rights of others
– Contains illegal, harmful, threatening, abusive, or offensive material
– Contains personal information of others without their consent
– Contains images of minors without proper authorization
– Contains sexually explicit or pornographic material
– Promotes violence, discrimination, or hate speech
– Contains malware, viruses, or other harmful code
We reserve the right to remove any User Content that violates these Terms without notice.
### 6.4 Our Intellectual Property
The App, including its design, features, functionality, and all content (except User Content), is owned by Cubex and protected by international copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the App without our prior written consent.
## 7. In-App Purchases and Subscriptions
### 7.1 Available Plans
The App offers the following subscription tiers and one-time purchases:
– **Free Tier:** 3 image generations (for registered users)
– **Silver Package:** One-time purchase of 25 image generations for $4.99 USD
– **Premium Subscription:** Monthly subscription of 100 image generations per month for $6.99 USD/month
Prices are displayed in your local currency and may vary by region. Actual prices are determined by Google Play and may differ from displayed prices.
### 7.2 Payment Processing
All purchases are processed through Google Play Billing. By making a purchase, you agree to Google Play’s Terms of Service and Privacy Policy. We do not store or process your payment information directly.
### 7.3 Subscription Terms
– **Premium Subscriptions:** Automatically renew monthly unless cancelled
– **Renewal:** Subscriptions renew automatically at the end of each billing period
– **Cancellation:** You may cancel your subscription at any time through Google Play Store settings
– **Refunds:** Refund requests are subject to Google Play’s refund policy and applicable consumer protection laws
### 7.4 Right of Withdrawal (EU Users)
If you are located in the EEA, you have the right to withdraw from a purchase within 14 days of purchase, unless:
– You have explicitly consented to immediate performance of the service
– The service has been fully performed with your consent
For digital content, if you have consented to immediate performance and the service has begun, you may lose your right of withdrawal. However, you may still be entitled to a refund under applicable consumer protection laws.
To exercise your right of withdrawal, contact us at [email protected] or cancel through Google Play Store settings.
### 7.5 Subscription Cancellation
– Cancellation takes effect at the end of the current billing period
– You will continue to have access to Premium features until the end of the paid period
– No refunds are provided for partial billing periods
– Upon cancellation, your subscription will revert to the Free tier
### 7.6 Price Changes
We reserve the right to change subscription prices at any time. Price changes will not affect your current subscription period but will apply to subsequent renewals. We will notify you of significant price changes in advance.
## 8. Service Availability and Modifications
### 8.1 Service Availability
We strive to provide continuous access to the Service but do not guarantee:
– Uninterrupted or error-free operation
– Availability at all times
– Compatibility with all devices or operating systems
– Accuracy of face detection or image processing
The Service may be temporarily unavailable due to maintenance, updates, or technical issues.
### 8.2 Service Modifications
We reserve the right to:
– Modify, suspend, or discontinue any part of the Service at any time
– Change features, functionality, or subscription tiers
– Update the App with new versions
– Limit or restrict access to certain features
We will provide reasonable notice of significant changes that materially affect your use of the Service.
## 9. Third-Party Services
### 9.1 AI Processing Services
The App uses third-party AI services to process your images:
– **Kie.ai (Nano Banana Pro):** For image processing and mustache overlay generation
– **Google Gemini AI:** For face detection (if applicable)
– **Temporary File Hosting Services:** For facilitating AI processing
Your images are transmitted to these third-party services in accordance with their respective privacy policies and terms of service. We are not responsible for the practices of these third-party services.
### 9.2 Google Services
The App uses Google services including:
– Firebase Authentication (for user accounts)
– Firebase Storage (for image storage)
– Cloud Firestore (for user data)
– Google Play Billing (for purchases)
Your use of these services is subject to Google’s Terms of Service and Privacy Policy.
### 9.3 Third-Party Links
The App may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of service of third-party websites.
## 10. Privacy and Data Protection
### 10.1 Privacy Policy
Your use of the App is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the App, you consent to the data practices described in our Privacy Policy.
### 10.2 GDPR Compliance
If you are located in the EEA, we process your personal data in accordance with the General Data Protection Regulation (GDPR). You have certain rights regarding your personal data, including:
– Right to access your personal data
– Right to rectification of inaccurate data
– Right to erasure (“right to be forgotten”)
– Right to restrict processing
– Right to data portability
– Right to object to processing
– Right to withdraw consent
To exercise these rights, contact us at [email protected].
### 10.3 Data Processing
By using the App, you acknowledge that:
– Your images may be processed by third-party AI services located outside the EEA
– Your data may be stored in cloud infrastructure located in various jurisdictions
– We use reasonable security measures to protect your data, but absolute security cannot be guaranteed
## 11. Disclaimers and Warranties
### 11.1 Service “As Is”
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
– WARRANTIES OF MERCHANTABILITY
– FITNESS FOR A PARTICULAR PURPOSE
– NON-INFRINGEMENT
– ACCURACY OR RELIABILITY OF RESULTS
### 11.2 AI Processing Disclaimers
We do not guarantee:
– Accurate face detection in all images
– Quality or suitability of processed images
– Processing speed or availability
– Compatibility with all image formats or sizes
### 11.3 No Medical or Professional Advice
The App is for entertainment purposes only. The processed images are not intended for:
– Medical or diagnostic purposes
– Legal identification
– Professional use
– Any purpose requiring accuracy or reliability
## 12. Limitation of Liability
### 12.1 General Limitation
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CUBEX AND ITS AFFILIATES SHALL NOT BE LIABLE FOR:
– INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
– LOSS OF PROFITS, DATA, OR USE
– BUSINESS INTERRUPTION
– PERSONAL INJURY OR PROPERTY DAMAGE
### 12.2 EU Consumer Rights
If you are a consumer in the EEA, nothing in these Terms affects your statutory rights as a consumer. Our liability for damages to consumers is limited in accordance with applicable consumer protection laws, but we do not exclude or limit our liability for:
– Death or personal injury caused by our negligence
– Fraud or fraudulent misrepresentation
– Breach of your legal rights as a consumer
### 12.3 Maximum Liability
To the extent permitted by law, our total liability for any claims arising from or related to the Service shall not exceed the amount you paid to us in the 12 months preceding the claim, or €100, whichever is greater.
## 13. Indemnification
You agree to indemnify, defend, and hold harmless Cubex, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:
– Your use of the Service
– Your violation of these Terms
– Your violation of any third-party rights
– Your User Content
## 14. Termination
### 14.1 Termination by You
You may stop using the App at any time by:
– Uninstalling the App
– Cancelling your subscription (if applicable)
– Deleting your account (contact us at [email protected])
### 14.2 Termination by Us
We may suspend or terminate your access to the Service at any time, with or without notice, for:
– Violation of these Terms
– Illegal or fraudulent activity
– Non-payment of fees
– Any other reason we deem necessary
### 14.3 Effect of Termination
Upon termination:
– Your right to use the Service immediately ceases
– We may delete your account and User Content
– You remain liable for any fees incurred before termination
– Provisions that by their nature should survive termination will remain in effect
## 15. Changes to Terms
### 15.1 Modification Rights
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
– Posting the updated Terms in the App
– Updating the “Last Updated” date
– Sending an email notification (for Registered Users)
### 15.2 Acceptance of Changes
Your continued use of the App after changes to these Terms constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the App and may cancel your account.
### 15.3 Material Changes
For material changes that significantly affect your rights or obligations, we will provide at least 30 days’ notice before the changes take effect.
## 16. Dispute Resolution
### 16.1 Applicable Law
These Terms are governed by the laws of the Netherlands, without regard to conflict of law principles.
### 16.2 EU Dispute Resolution
If you are a consumer in the EEA:
– You may bring proceedings in the courts of your country of residence or in the Netherlands
– We will bring proceedings in the courts of your country of residence
– You may use the EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/
### 16.3 Mediation
Before initiating formal legal proceedings, we encourage you to contact us at [email protected] to attempt to resolve any disputes amicably.
### 16.4 Class Action Waiver
To the extent permitted by applicable law, you agree that any disputes will be resolved individually and not as part of a class action.
## 17. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.
## 18. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cubex regarding your use of the Service and supersede all prior agreements and understandings.
## 19. Assignment
We may assign or transfer these Terms, or any rights or obligations hereunder, to any third party at any time. You may not assign or transfer these Terms without our prior written consent.
## 20. Contact Information
If you have any questions, concerns, or requests regarding these Terms, please contact us:
**Email:** [email protected]
**Company:** Cubex
**Owner:** Danial Keshani
**Location:** Amsterdam, Netherlands
## 21. Consumer Rights Information (EU)
If you are a consumer in the EEA, you have the following rights:
### 21.1 Right to Information
You have the right to receive clear and comprehensible information about:
– The Service and its features
– Pricing and payment terms
– Your rights and obligations
– Our contact information
### 21.2 Right of Withdrawal
You have the right to withdraw from a purchase within 14 days, subject to the limitations described in Section 7.4.
### 21.3 Right to Redress
You have the right to seek redress through:
– Direct contact with us
– Consumer protection authorities in your country
– The EU Online Dispute Resolution platform
– National courts
### 21.4 Right to Data Protection
You have the right to protection of your personal data in accordance with GDPR, as described in our Privacy Policy.
## 22. Acknowledgment
BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE APP.
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**Last Updated:** December 2024
**Version:** 1.0
