Effective Date: 09/08/2024
Welcome to Deepsoon (the “Website”). You are currently reading our Terms and Conditions (“Terms”), which outline the agreement between you and us. These Terms specify the conditions under which you may access and use our Website and related services.
For the purposes of these Terms, "You" and "Your" refer to you as a user of the Website. By accessing, browsing, or using this Website, you agree to comply with and be bound by these Terms and our Privacy Policy. Your continued use of the Website signifies your acceptance of these Terms.
1.1 Deepsoon is an online platform that utilizes artificial intelligence algorithms to provide face-editing capabilities (the “Services”). Registration is not required to start using Deepsoon.
You can either select a photo, image, GIF, or video from our predefined catalog or upload your own (“Upload File”) for face-editing. After uploading a photo with faces from your device in the supported format and size, you can initiate the editing process by clicking the “[Generate]” button or a similar option. Our AI algorithms will then scan the selected media, identify faces, and swap them to create new content (“Generated Content”). Note that some features may be restricted to paid subscribers.
1.2 Subscription. We reserve the right to offer certain services exclusively to paid subscribers. Subscriptions begin after the initial payment, which should be made according to the method and amount specified at the time of purchase. You are responsible for all fees, charges, and taxes related to the transaction. If you access our services through an unapproved platform, we are not liable for any associated costs or liabilities.
You affirm and guarantee that:
a. If you are agreeing to these Terms on behalf of another individual, you have the authority to bind that person to these Terms, making them applicable to both you and the individual;
b. You are of legal age to form a binding contract with us;
c. If you are under the legal age, you will use our Services under the supervision of a parent or legal guardian who agrees to these Terms and adheres to applicable local laws and regulations;
d. You are not barred from using or accessing the Website under the laws of your jurisdiction or the Hong Kong Special Administrative Region (HKSAR).
3.1 We retain all rights, titles, and interests in the Website and the technology, systems, and software used to provide the Website. All rights not explicitly granted to you in these Terms are reserved. You retain all intellectual property rights to the Uploaded Materials and Uploaded Content that you modify or process through the Website, as well as the Generated Content.
3.2 You grant us an irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and assignable license to use any Uploaded Content for providing the Website's functionality. You can choose to make Uploaded Content public for use by other users. You must have the rights and licenses to use Uploaded Content and Uploaded Materials and ensure they do not infringe on any third party’s rights.
4.1 When using the Website, you agree to the following rules and limitations:
a. You will not alter, translate, adapt, or reformat the Website;
b. You will not attempt to decipher, decompile, disassemble, or reverse-engineer the software or materials comprising the Website;
c. You will not interfere with or bypass any security features of the Website;
d. You will not use the Website to gain unauthorized access to our or any third party's data, systems, or networks;
e. You will not use the Website in a manner that could damage, disable, overload, or impair our systems or networks;
f. You will not use the Website in a way that may expose us to liability or damages;
g. You will not remove or alter any copyright, trademark, or other proprietary notices in the Website;
h. You will comply with all applicable laws in your use of the Website, including the laws of your jurisdiction if you reside outside of HKSAR.
a. Is illegal, harmful, defamatory, obscene, abusive, racially or ethnically offensive, pornographic, or otherwise objectionable;
b. Encourages or provides instructions for a criminal offense, violates any party's rights, or otherwise creates liability or violates any laws;
c. Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights;
d. Contains unsolicited promotions, political campaigning, advertising, or solicitations;
e. Contains private or personal information of third parties without their consent;
f. Exploits or harms children by exposing them to inappropriate content or collecting personal information;
g. Contains viruses, corrupted data, or other harmful files;
h. Is not yours to make available under any law or contractual relationship;
i. Is objectionable or restricts or inhibits any other person from using the Website.We reserve the right to remove any content that violates these provisions at our sole discretion. If you notice any violations, please contact us at [email protected] or report directly on the Website.
If you believe that your copyright is infringed by materials on the Website, you (or your agent) may send us a notice to remove or block access to the material. Please provide the following information:
a. An electronic or physical signature of the copyright owner (or authorized agent);
b. A description of the copyrighted work and information to locate it;
c. Your contact information;
d. A statement that you have a good faith belief that the use is unauthorized;
e. A statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized to act on the owner's behalf.If you believe someone has wrongly filed a notice against you, you may send us a counter-notice. We will wait 10-14 days before re-enabling your content unless the copyright owner initiates legal action. Send notices and counter-notices to [email protected].
If you believe your other rights are infringed by materials on the Website, you (or your agent) may send us a notice to remove the material. Provide relevant information to prove the infringement.
You agree to indemnify and hold us and our officers, directors, shareholders, and employees harmless from any loss, costs, liabilities, and expenses arising from your breach of these Terms, your use of the Website, and any infringement by you of any third party's rights.
THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ANY WARRANTIES OF ANY KIND, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE TIMELY, ERROR-FREE, SECURE, OR UNINTERRUPTED; MEET YOUR REQUIREMENTS; OR THAT ERRORS WILL BE CORRECTED. WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE. OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The Website may contain links to third-party websites and services. We do not endorse or guarantee their safety and are not responsible for any damage or loss arising from their use.
These Terms are governed by the laws of the Hong Kong Special Administrative Region (HKSAR). Any disputes will be resolved by the courts of HKSAR. The Convention on Contracts for the International Sale of Goods does not apply.
We may update these Terms at any time and will notify you by making the revised Terms accessible on the Website. Your continued use of the Website signifies your acceptance of the changes.
11.1 These Terms remain effective until terminated by you or us. You may terminate by ceasing use of the Website. We may terminate these Terms and your access to the Website at any time for any reason. Sections 3, 5, 6, 7, 8, 9, 10, and 11 will survive termination.
11.2 We may assign or transfer our rights and obligations under these Terms to any third party. Notice will be posted on the Website, and your continued use signifies consent to the assignment.
12.1 If any provision of these Terms is found to be unenforceable, it will not affect the validity of the remaining provisions.
12.2 These Terms, along with our Privacy Policy, constitute the entire agreement between you and us regarding the use of the Website.
12.3 Any headings are for convenience only and do not affect the interpretation of these Terms.
12.4 We will collect and process your information according to our Privacy Policy.
For any questions about these Terms or the Website, please contact us at [email protected].
14.1 Refund Eligibility: Refunds for Deepsoon Premium are available if no credits have been used since the last payment and the request is made within 14 days of the transaction. Partially used credit packs or subscriptions are non-refundable. Official Rewards, used credits, and sale items are non-refundable.
14.2 Refund Process: To request a refund, log into your Deepsoon account and submit a request through the Feedback Form. We may require additional information for identity verification. Approved refunds will be processed to the original payment method. If you do not receive your refund, contact [email protected]. By using our Website, you agree to these Terms.