Terms of Service

Last updated and effective date: February 2nd, 2025

Welcome to Care Artificial Intelligence Research and Consulting LLC ("CareAI," "we," "us," "our") and our website, carephoto.art (the "Site"). These Terms of Service (the "Terms" or "Agreement") govern your access to and use of our AI photo generation services and any related websites, applications, features, content, and services offered from time to time by CareAI (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Service.

Important:

Please also review our Privacy Policy, which describes how we collect, use, and share your personal data. The Privacy Policy is incorporated by reference into these Terms.

1. The Site and Service

1.1 Description of Service

The Site (carephoto.art) and its associated tools, features, and applications enable you to generate AI-powered images, train custom AI models on images you provide (where applicable), and access other related functionalities.

1.2 Eligibility

You represent and warrant that you are at least 18 years old (or the legal age of majority in your jurisdiction, if higher) and have the legal capacity to enter into this Agreement. If you do not meet these requirements, you must not use the Service.

1.3 Changes to Service

CareAI may modify, update, suspend, or discontinue certain aspects of the Service at any time, with or without notice. We are not liable if some or all parts of the Service are unavailable at any time.

2. Acceptance of Terms

2.1 Binding Agreement

By using the Service in any manner—including visiting or browsing the Site, uploading images, training AI models, or generating images—you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional terms and conditions referenced herein.

2.2 Additional Terms

Certain features or products offered by CareAI may be subject to additional terms. If you choose to use such features or products, you agree to the applicable terms, which are incorporated into these Terms by reference.

2.3 Modifications to Terms

We may update or change these Terms at our sole discretion by posting a revised version on the Site or by otherwise notifying you. Your continued use of the Service after such changes have been posted constitutes your acceptance of the revised Terms.

3. User Conduct and Responsibilities

3.1 Prohibited Uses

By using the Service, you agree not to:

3.2 Consent for AI Models

If you use the Service to create AI models of other individuals, you must obtain their explicit written consent before uploading their photos or generating AI-based content of them. You are solely responsible for ensuring that such consent is valid under applicable laws.

3.3 Compliance with Laws

You agree to comply with all applicable laws, regulations, and third-party rights (including, without limitation, privacy, publicity, and intellectual property rights) when using the Service.

4. Fees and Payments

4.1 Subscription Plans

CareAI may offer paid subscription plans on a monthly or yearly basis. By subscribing, you agree to pay the applicable fees (the "Fees"), plus any applicable taxes.

4.2 Auto-Renewal

Your subscription will automatically renew at the end of each billing cycle unless you cancel it beforehand. You can manage or cancel your subscription in your account settings. If you cancel, you will not receive a refund for any partial billing period already paid.

4.3 Refunds

Given the high GPU and server costs associated with the Service, we generally do not offer refunds once your subscription term has started, except where required by law. By purchasing, you acknowledge that the digital Service begins immediately and waive any standard withdrawal or "cooling-off" period.

4.4 Price Changes

We reserve the right to change our Fees or subscription offerings at any time. Any changes to subscription prices will apply at the next renewal after we provide you with notice.

5. Intellectual Property

5.1 CareAI Trademarks and Content

All CareAI logos, marks, and designations are trademarks or registered trademarks of CareAI. You agree not to use these marks without prior written consent from CareAI. Portions of our Service may also be protected under patents or patent applications owned by CareAI.

5.2 Ownership of Created Assets

5.3 License to CareAI

To the extent necessary to operate, maintain, and improve the Service, you grant CareAI a worldwide, non-exclusive, royalty-free, sublicensable, perpetual license to use, host, store, reproduce, and distribute any Assets or user-submitted content. This is strictly for the purpose of providing the Service to you, complying with legal requirements, and enforcing our policies.

5.4 Third-Party Content

The Service may contain references or links to third-party websites, trademarks, or content. CareAI does not endorse or assume responsibility for any such third-party content. Your use of third-party services is at your own risk.

6. DMCA and Takedowns

6.1 Respect of Copyright

CareAI respects the intellectual property rights of others. We ask our users to do the same. If you believe that your copyright or other intellectual property right has been infringed, please notify us at: okar.yigit@gmail.com

6.2 Compliance

We will review all claims of infringement and take actions deemed appropriate, including removing or disabling access to infringing material and/or terminating accounts of repeat infringers, where applicable.

7. Termination

7.1 Termination by CareAI

We may terminate or suspend your access to the Service at any time if we believe you have violated these Terms or any applicable law. Such termination may result in the forfeiture of any assets or data associated with your account.

7.2 Termination by You

You may terminate your account at any time by following instructions within your account settings. Upon termination, any ongoing subscription will not be refunded, and all licenses granted to you under these Terms shall immediately cease.

7.3 Survival

Any provisions of these Terms that by their nature should survive termination will survive, including, without limitation, intellectual property ownership, warranty disclaimers, indemnity, and limitations of liability.

8. Disclaimer of Warranties

8.1 As-Is Basis

THE SERVICE (INCLUDING THE SITE AND ALL CONTENT) IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. CAREAI DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

8.2 No Guarantee

CareAI does not warrant that the Service will be error-free, uninterrupted, secure, or produce any specific results. You assume all risk for any damage that may result from your use of the Service.

8.3 Local Laws

Some jurisdictions may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CAREAI OR ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR PARTNERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS OR DATA) ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF CAREAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL CAREAI'S AGGREGATE LIABILITY EXCEED THE FEES YOU PAID TO CAREAI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR IF GREATER, HUNDRED DOLLARS (US $100).

10. Indemnification

You agree to defend, indemnify, and hold harmless CareAI, its affiliates, and their respective officers, directors, employees, and agents from any and all claims, losses, damages, liabilities, and costs (including reasonable attorneys' fees) arising out of or related to:

11. Age Requirements

You represent that you are at least 18 years of age (or the age of majority in your jurisdiction, if higher). If you allow a minor to use the Service, you are responsible for all activity conducted by that minor.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the jurisdiction in which Care Artificial Intelligence Research and Consulting LLC is organized, without regard to conflict of law provisions.

12.2 Dispute Resolution

Any dispute arising from or relating to these Terms or the Service shall be resolved through arbitration in accordance with the applicable laws of the jurisdiction.