Terms of Service

1. Introduction

Welcome to HalloweenCostu.me! By using our app, you agree to comply with and be bound by the following terms of service (“Terms“). These Terms govern your use of our app, which generates Halloween costume images for you and your children. If you do not agree with these Terms, please do not use our app.

2. Eligibility

You must be at least 18 years old to use this app. We do not allow individuals under 18 to use the app directly.

3. Use of Services

Our app allows you to upload photos and generate costume images. You agree not to misuse our services, such as by uploading inappropriate, unlawful, or copyrighted content without permission. We reserve the right to refuse service to anyone and remove any content that violates these Terms.

4. Intellectual Property and Use of Generated Content

All content generated by the app, including images, text, and graphics, is owned by you once created. You may use the images created by the app for any purpose, including commercial use, reproduction, or distribution, without any restrictions or additional permissions required from HalloweenCostu.me.

5. User-Generated Content and Permissions

You retain ownership of the photos you upload. By uploading content to our app, you warrant that:

• For images of adults: You have explicit written permission from the individual depicted in the image to use their likeness for generating costume images.
• For images of children under 18: You are either the legal guardian of the child or have obtained explicit written permission from the child's legal guardian to use the child's likeness for generating costume images.

You grant us a non-exclusive, royalty-free, worldwide license to use, store, reproduce, modify, adapt, and create derivative works from your uploaded content solely for the purpose of providing the service and conducting our business operations. We reserve the right to use this content for internal analysis, service improvement, and other business purposes. However, we will not disclose your content to third parties, use it for training our AI models, or otherwise share it, except as required by law or legal process.

6. Liability and Warranty Disclaimer

Our app is provided “as-is“ and “as available“ without any warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties or representations about the accuracy, reliability, completeness, or timeliness of the app or the content generated. We do not have control over the actual content generated by our AI models and therefore cannot guarantee any specific results or outcomes. Your use of the app and its content is entirely at your own risk.

7. Limitation of Liability

To the fullest extent permitted by law, HalloweenCostu.me, its affiliates, officers, directors, employees, agents, licensors, and partners shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the app or any content generated by the app.

8. No Refunds

We do not offer refunds under any circumstances. All purchases are final.

9. Indemnification

You agree to defend, indemnify, and hold harmless HalloweenCostu.me and its affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the app.

10. Changes to Terms

We may modify these Terms at any time. Any changes will be posted in the app, and your continued use of the app indicates your acceptance of the modified Terms.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of Kansas, USA, without regard to its conflict of law principles.

12. Termination

We reserve the right to suspend or terminate your access to the app at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the app, us, or third parties, or for any other reason.