Effective as of: June 12, 2023
Welcome to unboring!
By using our Services, you agree to be bound by these Terms and Privacy Notice. If you do not agree to these Terms, please do not access or use our Services.
Please also note that we will use commercially reasonable efforts to ensure that the Services are free from defects, viruses and other malicious content. We do not promise that the Services are compatible with any third-party software or equipment.
1. Description of Services
- General. Unboring Services comprises an online synthetic media Platform that uses artificial intelligence algorithms to generate entertaining content. On the Platform you may restyle, animate and swap faces in pictures, photos, GIFs, videos or other content. Some of the Services might not be available at the time and we reserve the right to change, update, or discontinue them on our Platform at any time. To restyle, animate or swap faces, you have to create a personal account with us by using your Google account (“Account”). We will use your email address to create the Account for you and send you an email to confirm the Account details. Your Account will then enable access to restyling, face swaps and animation, and you may start generating content with the help of our Services. Unboring reserves the right to change the functionality of the Services and introduce prices and fees applicable to the Services at any time for any reason in its sole discretion and without advance notice.
- Face swaps. To begin face swapping, please choose a picture, photo, GIF or video from the gallery on your device or find it available within a catalogue of third-party images, GIFs, videos and other content. Then you may upload a picture, photo, GIF or video with faces from your device in the supported format and file size. After these steps are successfully completed, you may click the button “Swap faces”. Unboring artificial intelligence algorithms will scan the file, find the faces and swap it into a new object – a content with swapped faces.
- Animate. To begin face animation, please choose an animation by finding it available within a catalogue on the Platform. Then you may choose a picture, photo GIF or video with faces from a gallery on your device. You may also find it within a library of third-party images, photos, pictures, and other such content. After these steps are successfully completed, you may click the button “Animate”. Unboring artificial intelligence algorithms will scan the file, find the faces and animate them into a new object – an animated content.
- Restyle. To begin restyling, please choose a picture, photo, GIF or video from the gallery on your device for generating the content. Then you may upload the file from your device in the supported format and size. After these steps are successfully completed, you may choose the style to apply and further click the button “Restyle” or any other similar option. Restyle artificial intelligence algorithms will scan a file and instantly swap it with a selected style into a new object – a newly stylized content.
- Sharing. The result of restyling, face swap and/or animate shall be referred to as the “Generated Content”. You may share the Generated Content with others via social media, e-mail or otherwise via the functionality of the Services and/or download it directly to your device. You understand and agree that if you choose to share the Generated Content, it becomes publicly available.
- Age. You must be at least sixteen (16) years of age (or such other minimum age, either lower or higher, at which you can provide consent to data processing under the laws of your territory), and not otherwise barred from using the Services and/or the Platform under applicable law to access or use our Services and/or the Platform.
- Account. When creating the Account on our Platform, you have the option to use your Google account to sign in. By doing so, Google will share some data with us in order to facilitate the Account creation process. This data may include your name, email address, and profile picture. You may find more information about how Google uses your personal data in Google data protection policies.
- Confidentiality. You are responsible for maintaining the confidentiality of your password. This means that you should not share your password with anyone else and should choose a strong and unique password that cannot be easily guessed or hacked. If you suspect that the Account has been compromised or the password has been stolen, you should immediately change your password within Google and notify us.
- Privacy. Unboring values the privacy and security of our users and takes appropriate measures to protect their personal information. By using our Platform and creating the Account, you acknowledge and agree to the processing of personal data in accordance with our Privacy Notice.
3. Plans and Token Usage
- Tokens. To restyle, animate or make a face swap on the Platform, you need to pay with tokens (the “Token”). Number of Tokens depends on number of detected and swapped or animated faces on pictures and photos, or on the length and the frame rate of GIFs and videos. You acknowledge and agree that Tokens serve as the Platform currency and they are not backed by any hard assets, other credit, or redeemable for any form of currency outside of the Platform. You also acknowledge and agree that Tokens are not to be construed, interpreted, classified or treated as: (i) any kind of currency, including e-money; (ii) debentures, stocks or shares issued by us; (iii) rights, options or derivatives in respect of such debentures, stocks or shares; (iv) rights under a contract for differences or under any other contract the purpose or pretended purpose of which is to secure a profit or avoid a loss; (v) units in a collective investment scheme; (vi) units in a business trust; (vii) derivatives of units in a business trust; or (viii) any other security, class of securities or form of investment (whether regulated or otherwise); (ix) any kind of stocks or shares in any other legal entity. TOKENS ONLY HOLD VALUE WITHIN THE PLATFORM FOR THE DESIGNATED SERVICES AND INTERACTIONS. We reserve the right, at our sole discretion, to refuse to process, cancel, correct, clawback, or reverse any Token usage at our sole discretion for any reason. You acknowledge that the pricing and number of Tokens to be transferred within the respective Plan (as this term is defined below) to your Account for the Services are subject to change and will be displayed at the point of the start of your Plan activation.
- Plans. Some Services and a number of Tokens are available via the basic free-of-charge plan (the “Starter”). To be able to use more Services, you should either use our paid subscription (the “Subscription”) or pay as you go plan (the “Pay-as-You-Go”). The Starter, Subscription and Pay-as-You-Go shall be further collectively referred to as the “Plans”, and each respectfully, the “Plan”.
- Starter. The Starter Plan provides you with a specified number of Tokens that can be used to access and utilize the Services available on our Platform within a designated time period, as specified at the time of purchase. Any unused Tokens will be forfeited upon expiration of this Plan and will not be carried forward or refunded. The Starter is limited to the Services, and Token allocation explicitly included in this Plan description, and additional services or Tokens may require an upgrade to the Subscription or Pay-as-You-Go (the “Paid Services”) Plan.
- Subscription. The Subscription Plan includes a monthly budget of Tokens, the amount of which is determined by the type of Subscription you select. These Tokens can be used within the respective month for accessing and utilizing the Services available on our Platform. Unused Tokens from your monthly budget may be rolled over to the following month, provided you maintain an active Subscription with our Platform. If your Subscription is cancelled, any unused Tokens will be forfeited and will not be available for use upon resumption of the Subscription. You agree that if you purchase the Subscription, no less than five (5) days and no more than ten (10) days before your Subscription term ends, or otherwise in accordance with applicable law, unboring will send you a reminder with the then-current Subscription Fee (as this term is defined in Section 4.1). By agreeing to these Terms and electing to purchase the Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or unboring. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
- Pay-as-You-Go. Under the Pay-as-You-Go Plan, you are required to purchase Tokens individually or in predefined bundles, as offered on our Platform from time to time. These Tokens can be used to access and utilize the Services available on the Platform on a per-use basis. The Pay-as-You-Go Plan does not require a monthly subscription or another type of long-term commitment. You only pay for the Tokens you need to access the Platform’s Services when you need them. Tokens purchased under the Pay-as-You-Go Plan may be subject to an expiration date, as specified at the time of purchase. Unused Tokens that have reached their expiration date will be forfeited and will not be refunded or carried forward, unless otherwise was explicitly agreed by us under your refund request.
4. Transactions, Fees and Refunds
- Fees. If you purchase any of the Paid Services, we (or our third-party payment processor) will automatically charge you the fee applicable to the Subscription or Pay-as-You-Go Plan, including applicable taxes (if any) and other charges that may be applicable from time to time (the “Fee”) at the beginning of your use of the Paid Services.
- Transaction. When you purchase any of the Paid Services, you expressly authorize us (or our third-party payment processor) to charge you for such transaction (the “Transaction”). We may ask you to provide us (or our third-party payment processor) additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification purposes (such information, the “Payment Information”). When you initiate a Transaction, you authorize us to provide your Payment Information to third parties to charge your payment method for the Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information, such as your full name, to verify your identity before completing your purchase. By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted by us on our Platform or otherwise communicated to you. All payments for the Transactions are non-transferable except as expressly provided in these Terms. All Fees are payable in Euros.
- Refunds. You have the right to request a refund, either full or partial, subject to the following terms and conditions and terms and conditions established by our payment provider (the “Refund”). If there is any conflict or ambiguity between terms of these Terms and terms of refund policies of our payment provider, the latter shall prevail. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Paid Services for any reason; if we cancel your Paid Services, we’ll Refund any payment you have already remitted to us for such Paid Services. If you are dissatisfied with the Paid Services, you may cancel it and request a full Refund within forty-eight (48) hours of your initial purchase if no Tokens have been used prior to such a request. After the end of this 48-hour period you may ask for a full or partial Refund subject to unboring approval (such approval being at the sole discretion of unboring). Without limiting the foregoing, you may cancel your Paid Services at any time. To cancel, you can either send an email to [email protected] or use the respective option on the Platform. You will be responsible for all Fees (plus any applicable taxes and other charges) incurred for the then-current Plan period.
5. Unboring Content
- Unbroing Content. Our Services and unboring’s proprietary text, graphics, images, illustrations, trademarks, trade names, page headers, button icons, scripts and other content displayed on the Platform (the “Unboring Content”) are owned by unboring or its subsidiaries or affiliated companies, and is protected by copyright, patent, trade secret and other intellectual property laws. Except as explicitly stated in these Terms, unboring reserves all rights in and to our Services. Unauthorized use, reproduction, or distribution of Unboring Content is strictly prohibited and may result in legal action.
- License. If you comply with these Terms, unboring hereby grants you a limited, worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your own personal non-commercial purposes, subject to your compliance with these Terms. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted to you under these Terms.
- Use Restrictions. Except as expressly permitted in these Terms, you may not: (a) sell or commercially use any part of our Services; (b) copy, reproduce, distribute, publicly perform or publicly display any part of our Services; (c) modify or create derivative works based on our Services, including, without limitation, removing any proprietary rights notices; (d) reverse engineer, decompile, disassemble or attempt to extract the source code of the Services (unless applicable law permits, despite this limitation); (e) distribute, transfer, sublicense, lease, lend or rent the Services to any third party; or (f) use our Services other than as expressly provided in these Terms.
- Pre-Set Catalogue. A catalogue of third-party images, GIFs, videos, face animations and other content (the “Pre-Set Catalogue”) available on the Platform is provided for your personal, non-commercial use only. You are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Pre-Set Catalogue for the purposes of restyling, animating and swapping faces within the Platform. All videos, photos, pictures, GIFs and other content included in the Pre-Set Catalogue are the property of unboring or its licensors and are protected by international copyright, trademark, and other intellectual property laws. Unauthorized use, reproduction, or distribution of any content from the Pre-Set Catalogue is strictly prohibited and may result in legal action. While we strive to provide accurate and up-to-date content in the Pre-Set Catalogue, we cannot guarantee the accuracy, completeness, or availability of any videos, GIFs, photos, pictures, or other content therein. We reserve the right to modify, update, or remove any content from the Pre-Set Catalogue at any time, without prior notice and at our sole discretion.
6. Generated Content
- Posting Content. Our Services allow you to store, share or otherwise make available the Generated Content (other than Feedback) outside of the Platform. Unboring does not claim ownership rights in any Generated Content and nothing in these Terms will be deemed to restrict any rights that you may have to your Generated Content.
- Your Responsibility for Generated Content. You hereby acknowledge that you are solely responsible for your Generated Content. The information and materials in the Generated Content, including Generated Content that includes Unboring Content, have not been verified or approved by us. We accept no liability in respect of any content submitted by users. You can remove your Generated Content by specifically deleting it. You also agree that the information and materials in the Generated Content have not been verified or approved by us.
- Sharing User Content. If you share the Generated Content publicly, you acknowledge that such content will be accessible to others. Any such content will be considered non-confidential and non-proprietary. Please do not share any Generated Content that you do not want to be publicly accessible or viewable.
7. Prohibited Conduct and Content
Unboring is an inclusive Platform created exclusively for entertainment purposes and we want users to have fun in a safe space using the Services. We explicitly prohibit any harassment, bullying, or stalking and make every effort to build a safe and supportive environment for our community. By accessing and/or using the Services, you hereby agree to comply with the community rules and guidelines (the “Community Guidelines”) available at https://reface.ai/unboring/community-guidelines. We encourage our community to report any content that they see on the Services that they believe contradicts or violates these guidelines via our Platform or by email ([email protected]).
8. Monitoring of Content
Unboring is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. Without limiting the foregoing, unboring may remove, at any time and without notice, any material that unboring, in its sole discretion, finds to be in violation of these Terms or otherwise objectionable. If you have noticed any violation of these Terms from your perspective, content of any nature whatsoever, please use the in-platform report form or contact us at [email protected]. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
9. Copyright Policy
Unboring respects copyright law and expects its users to do the same. It is unboring policy to suspend the use of the Services in appropriate circumstances for those who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
You hereby agree to indemnify and hold unboring, any of its officers, directors, personnel (irrespective of the form of engagement) and agents and its affiliated and related entities, harmless from and against any claims, disputes, costs, losses, liabilities, damages, expenses and judgments of any and every kind, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your Generated Content, or (c) your violation of these Terms.
Unboring respects your privacy and has established certain policies and procedures relating to the collection and use of your personal information. Please check our Privacy Notice at https://reface.ai/unboring/privacy-notice to be aware of how we collect, use and share your personal information when you use our Services.
12. Your Representations and Warranties
- By using our Platform, you represent and warrant that:
- Eligibility. You are at least sixteen (16) years old or another age of majority in your jurisdiction of residence and have the legal capacity to enter into and be bound by these Terms.
- Payment Eligibility. You have the legal right and authority to use the payment method you have chosen to pay for the Paid Services on the Platform, and you agree to comply with all terms and conditions applicable to the chosen payment method, including any Fees, charges, or penalties (if any) imposed by the payment provider. You are solely responsible for any and all Fees related to your use of the Paid Services on the Platform and the chosen payment method, and you acknowledge that unboring is not responsible for any unauthorised charges, fees, or other transactions made using your payment method.
- Compliance with Laws. Your use of the Platform and its Services complies with all applicable laws, regulations, and ordinances in your jurisdiction, including but not limited to intellectual property, data protection, and privacy laws.
- No Infringement. Neither your Generated Content, nor your use and provision of your Generated Content to be made available publicly will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- No Harmful Content. You will not use the Platform to upload, share, or generate any content that is harmful, harassing, defamatory, offensive, obscene, or otherwise objectionable, or that promotes or incites violence, discrimination, or illegal activities.
- Accurate Information. All information you provide to us, including but not limited to registration data, Payment Information, and any other personal information, is true, accurate, complete, and up-to-date.
- No Misuse of the Platform. You will not use the Platform or its Services in any manner that could damage, disable, overburden, or impair the Platform or its Services, or interfere with any other party's use and enjoyment of the Platform.
13. Disclaimer of Warranties
THE PLATFORM AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We make no warranty that the Platform and the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.
YOUR USE OF THE PLATFORM AND THE SERVICES IS AT YOUR OWN RISK.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER UNBORING NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UNBORING OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL UNBORING TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO COMAPNY FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO COMPANY AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN UNBORING AND YOU.
15. Links to Third Party Websites
The Services may contain links to third-party websites, services, and other resources. Please note, their presence does not mean that they are recommended by unboring and unboring does not guarantee their safety and conformity with any of your expectations. Unboring is not responsible for maintaining any materials referenced from another website, and makes no warranties for that website or respective service. Unboring assumes no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and services.
16. Governing Law and Dispute Resolution
- Governing Law and Forum Choice. These Terms and any action related thereto will be governed by, construed, and enforced in accordance with the laws of the Republic of Lithuania, without regard to its conflict of law provisions.
- Disputes Resolution. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, the “Disputes”) will be solved by the competent courts of the Republic of Lithuania. You hereby irrevocably consent and submit to the exclusive jurisdiction of such courts in any such action or proceeding, and waive any objection you may have to the venue or inconvenience of such forum. We each agree that the laws of the Republic of Lithuania govern the interpretation and enforcement of these Terms, and that you and unboring are each waiving the right to a trial by jury or to participate in a group action.
- Group Action Waiver. YOU AND UNBORING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR GROUP MEMBER IN ANY PURPORTED GROUP OR REPRESENTATIVE PROCEEDING.
17. Changes to our Terms
To improve the quality of the Services, to comply with legal requirements and to respond to changes in market conditions we may update and change these Terms from time to time. The new version of the Terms comes into force from the moment of its placement on the Platform. In this case, we undertake to notify you of the changes altering the content of these Terms by posting a notice on the Platform or by sending it to your e-mail address at least fifteen (15) calendar days prior to such changes. During that period, you have a right to agree or disagree with them. The period of such notice may be extended at our discretion in case of significant changes, or may be reduced if such changes are required by national law. By continuing to use the Services, you accept these Terms. Ensure that you read these Terms each time you wish to use our Services. If you refuse to accept updates, you should not visit the Platform and use the Services. You undertake to delete your Account and terminate the use of the Platform and the Services in such a case. For some changes or updates of these Terms that we need to make in connection with security, legal or regulatory requirements, we may not be able to notify you in advance but we will notify you afterwards as soon as possible.
We may suspend or terminate your access to and use of the Services and/or Account at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Services the following Sections will survive: 4 (only for payments due and owing to unboring prior to the termination), 5.1, 7, 10, 12, 13, 14, 16, and 19.
19. General Terms
- Entire Agreement and Severability. These Terms constitute the entire and exclusive understanding and agreement between unboring and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between unboring and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without unboring prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Unboring may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Notices. Any notices or other communications provided by unboring under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
- Waiver of Rights. Unboring failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of unboring. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
- Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services and the Platform (the “Feedback”). If you choose to submit Feedback, you understand and acknowledge that we, at our sole discretion, may use, modify, adapt, reproduce, distribute, display, perform, or otherwise exploit the Feedback you provide, without any obligation to compensate you, provide attribution, or obtain your consent. This grant is irrevocable, perpetual, worldwide, royalty-free, sublicensable, and transferable. You also acknowledge that we have no obligation to treat the Feedback as confidential information or intellectual property and we are under no obligation to implement, respond to, or otherwise act upon the Feedback you provide.
We hope these Terms helped you to understand how the Services work and be sure everything is foreseeable and safe while using it. If you have any questions regarding the use of Services or regarding these Terms, please contact us at [email protected].