Hancy AI: The Future of Photo Enhancement

1. Introduction

Welcome to Hancy AI, a service provided by Fepar A.S, herein referred to as "Hancy," "we," "us," or "our". Hancy AI is a mobile application that allows users to create personalized avatars using AI technology. By using Hancy AI, you, the user, agree to these Terms of Service (the "Terms") and enter into a binding contract with us.

IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS IN THESE TERMS, DO NOT ACCESS AND IMMEDIATELY STOP USING THE SERVICE, CANCEL ANY ACCOUNT, AND IMMEDIATELY UNINSTALL AND DELETE ANY COPIES OF ANY APPS OR SOFTWARE INCLUDED IN THE SERVICE IN YOUR POSSESSION.

2. Account Registration and Eligibility

Users can create an account using Apple Sign-In, Google Sign-In, or through guest mode.

You must ensure the information provided is accurate and up to date.

Hancy AI is not intended for use by individuals under the age of 16. By using Hancy AI, you confirm that you meet this age requirement and any other eligibility criteria required in your jurisdiction.

3. Subscription and Renewal

Hancy AI offers various subscription plans through in-app purchases, including auto-renewal features and free trials.

You can cancel your subscription at any time through your device's app store settings. Upon cancellation, your access to premium features will continue until the end of the current billing cycle.

Your subscription will automatically renew for the same term of your initial subscription unless you cancel your subscription at least twenty-four (24) hours before the end of the current billing period. However, you may cancel your subscription at any time. Upon such cancellation, you will still be entitled to access the subscription services on the Platform for the remainder of the duration that you have paid for.

4. End User License, Prohibited Activities, and Generative AI Features

As a user of Hancy AI, you are granted a limited, non-exclusive, non-transferable license to access and use the app for personal, non-commercial purposes. This license is contingent upon your compliance with these Terms and any applicable terms of the mobile application store from which you downloaded Hancy AI.

Prohibited Exploitations and Service Integrity

Restrictions on Use: You may not reproduce, modify, distribute, sell, rent, lease, lend, sublicense, or otherwise exploit the app or its content in any way not expressly allowed by these Terms.

Technical Integrity: You must not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, adapt, translate, or create derivative works of the Service, except to the extent permitted by applicable law or licensing terms of any open source components included in the Service.

Content and Conduct Restrictions

Illegal and Offensive Activities: Engaging in illegal activities, harassment, or creating offensive content is prohibited.

Image Restrictions: Uploading images where faces are not visible, containing nudity, in group settings, with pets, or featuring accessories and eyeglasses is not allowed.

Prohibited Content: You must avoid submitting, uploading, or transmitting any unlawful, fraudulent, harmful, defamatory, abusive, offensive, threatening, discriminatory, or racist content, or any content that infringes upon the rights of others.

Technical Restrictions

Use Limitations: You must not copy or modify the Service beyond the scope expressly permitted by these Terms.

Interference with Service: You are prohibited from interfering with, degrading, or disrupting the integrity or performance of the Service or related networks and technologies.

Data Mining Prohibition: Employing data mining or similar data extraction methods in connection with the Service is forbidden.

Security and DRM: You must not circumvent, bypass, modify, or disable any content protection system, digital rights management, security feature, or functionality in the Service.

Generative AI Features and Content Restrictions

Responsible AI Usage: The Generative AI Features are to be used responsibly and not for creating or distributing harmful or unlawful content.

Content Standards:

Exploitation and Harmful Content: Do not upload, generate, or distribute content that exploits individuals, promotes sexually explicit material, hate speech, violence, or illegal activities.

Privacy Respect: Avoid infringing on the privacy or publicity rights of others.

Misinformation Prohibition: Do not use Generative AI Features to create or spread misinformation.

Prohibited Content Types:

Illicit or Offensive Material: Content that is defamatory, obscene, offensive, or encourages illegal or inappropriate use of substances or weapons is strictly forbidden.

No Discrimination: Content that incites hatred or discrimination is not allowed.

Intellectual Property Respect: Ensure compliance with intellectual property laws.

Consequences of Violation

Violating these content restrictions may lead to the suspension or termination of your account and potential legal action against you. We reserve the right to review and take appropriate action against any user-generated content that violates these terms.

5. Intellectual Property

All intellectual property rights in Hancy AI, including software, content, and trademarks, are owned by us. Your use of Hancy AI grants no rights in our intellectual property, except for the limited use rights under these Terms. You must ensure that the content you create or interact with respects intellectual property laws. Do not use the Generative AI Features to infringe upon the intellectual property rights of others.

6. User-Generated Content

The Service may provide features that allow you to upload, store, receive, create, modify, share or publish textual, visual, or other content (collectively, the “User-Generated Content”).

We do not claim any ownership rights to the User-Generated Content.

In order to allow us to operate, provide you with, and improve the Service and our technologies (and to develop new ones), we must obtain from you certain rights related to User-Generated Content that is covered by intellectual property rights. You hereby grant us a license to use User-Generated Content for the purposes of operating, developing, and improving the Service or new technologies or services, except that we will only use your User-Generated Content to improve the performance of machine learning models with your prior consent, all in accordance with our privacy policy. You will not be entitled to compensation for any use of User-Generated Content by us under these Terms.

You are solely responsible for the User-Generated Content, and you represent and warrant that such content will not infringe upon or violate the rights of any person, that it complies with these Terms and any applicable law, and that you have all the rights and authorizations necessary to grant the license in the paragraph above and to upload, store, receive, create, modify, share or publish the User-Generated Content on or through the Service.

We welcome feedback, comments, and suggestions for improvements to the Service (“Feedback”). If you provide any Feedback, we may use it without restriction or compensation to you.

7. Third-Party Services and Advertising

Third-Party Services

Integration: Hancy AI may integrate or offer access to services provided by third parties, which can include cloud storage, analytics, and other service providers.

Disclaimer: While we select these third-party services with care, Hancy AI is not responsible for the content, functionality, or practices of these third-party services. User interactions with third-party services are governed by their respective terms and privacy policies.

User Responsibility: It is your responsibility to understand and agree to any third-party terms before using their services. We encourage you to review their policies and terms to understand how they may affect you.

Advertising

Advertisements: Hancy AI may display advertisements from various advertisers. These ads may be targeted based on user data as outlined in our Privacy Policy.

Ad Services: We partner with advertising services, such as Meta Audience Network, to provide personalized ads. These services are selected to align with the interests and preferences of our users.

User Data: Our use of user data for advertising purposes is governed by our Privacy Policy. You have control over your ad preferences and can opt out of personalized advertising through your device's settings.

No Endorsement: The presence of any advertisement on Hancy AI does not imply an endorsement of the advertised product or service. We are not responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the app.

Feedback: We welcome user feedback on the advertisements shown. If you find an advertisement inappropriate or offensive, please contact us.

8. Disclaimers, Warranties, and Limitation of Liability

Disclaimers

Nature of Service: The avatars and images generated by Hancy AI are intended solely for entertainment purposes. We do not guarantee their accuracy, reliability, or resemblance to real-life entities.

Service "As Is": Hancy AI is provided "as is" and "as available" without any warranties of any kind, either express or implied.

Changes or Discontinuation of Features: Hancy AI reserves the right to modify, update, or discontinue features or services of the app at any time without liability.

Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY.

Limitation of Liability

General Disclaimer: We disclaim all liability for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of Hancy AI. This includes, without limitation, damages resulting from the use or inability to use Hancy AI services, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on the service, or any other matter relating to Hancy AI.

Extent of Liability: To the fullest extent permitted by law, Hancy AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of the app.

Cap on Liability: In no event will our total liability to you for all damages exceed the amount you paid to us, if any, for accessing Hancy AI.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY.

9. Indemnification

User Responsibility: You agree to indemnify, defend, and hold harmless Hancy AI, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing Hancy AI using your account.

10. Termination and Account Deletion

User-Initiated: You may terminate your account and stop using Hancy AI at any time.

Hancy AI Initiated: We reserve the right to terminate your account or restrict access to Hancy AI at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of Hancy AI, or for any other reason.

Data After Termination: Upon termination, the relevant provisions of these Terms will continue to apply, including our rights to any content previously submitted by you.

Treatment of User-Generated Content: In the event of account deletion, any User-Generated Content you have created may be retained or deleted at our discretion. This content may be kept for archival, analytical, or legal compliance purposes. We will handle the User-Generated Content in accordance with our Privacy Policy and applicable laws.

11. Governing Law and Dispute Resolution

Governing Law: These Terms are governed by and construed in accordance with the laws of Turkey, without giving effect to any principles of conflicts of law.

Jurisdiction: Any dispute arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts located in Turkey. Users agree to submit to the personal jurisdiction of these courts for the purpose of litigating all such disputes.

Alternative Dispute Resolution: We encourage you to contact us directly to resolve any concerns or disputes. Alternative dispute resolution methods, such as mediation or arbitration, may be suggested on a case-by-case basis.

12. Changes to the Terms of Service

Updates and Modifications: We reserve the right to update or modify these Terms at any time. Changes will be effective upon posting the updated Terms within the app or on our website.

Acceptance of Changes: Continued use of Hancy AI after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you should stop using Hancy AI and delete your account.

13. Contact Information

For any inquiries, support requests, or questions regarding these Terms of Service or other aspects of Hancy AI, please reach out to us through the following channels:

Email: customer@hancy.ai

Physical Address: YESILKÖY SB MAH. C BLOK SK. C BLOK NO: 1 IÇ KAPI NO: 13 BAKIRKÖY/ISTANBUL - TURKEY

Our customer support team is dedicated to assisting you with any issues or concerns you may have with Hancy AI.