Terms of Service
Update date: 11/06/2024
Welcome to use Big Brain Things AI image products and related services! Thank you for using our products and/or services (hereinafter referred to as "Services"). By using our Services, you are agreeing to this Service Agreement. Please read this Service Agreement carefully and fully understand and comply with its terms.
This Agreement applies to all Big Brain Things products/services, including upgrades and updates to the Services and products used by you during the term of this Agreement. If, in the course of reading this Agreement, you do not agree to this Agreement or any of its terms and conditions, you should immediately stop using our services. We may revise this Agreement in accordance with changes in relevant laws and regulations, our business conditions, adjustments to our business strategies, and upgrades to our products and services. You may review the latest version of the Agreement at any time by using the Service. If you do not agree with the changes to the Agreement, please stop using the Service immediately. If you continue to use the Service, you will be deemed to have accepted the changes to this Agreement.
If you are a minor under the age of 18, we recommend that you ask your guardian to read this Agreement carefully and to use our products and/or services or provide us with information only with your guardian's consent.
I. Content and Form of the Services
1.1 Service Content
Big Brain Things App is an innovative "AI image creation" product based on various self-developed and open-source deep learning algorithms and image algorithms, aiming to provide text-generated pictures, drawing pictures with pictures, and related image editing and special effects editing functions, dedicated to providing inspiration for the public to create visual content and assisting them in artistic creation.
Our effect-01 app provides advanced video processing and visual effects services, allowing users to upload videos and receive enhanced versions with applied visual effects through our proprietary algorithms and AI-powered processing technology.
Our mechanic AI app provides unlimited AI-powered automotive diagnostic and repair assistance through conversational interactions. Users can ask questions about vehicle maintenance, troubleshooting, and repair procedures, receiving expert-level guidance powered by advanced AI technology. The app also includes specialized subsections for different automotive topics and a community forum where users can post questions, share experiences, and interact with other automotive enthusiasts.
1.2 Service Form
Your use of the Service requires you to download and use our Apps: Big Brain Things, effect-01, and mechanic AI on iOS and Android from the genuine App Store, for which we grant you a personal, non-transferable, and non-exclusive license. You may use these products and services only for the purpose of accessing or using the Service.
1.3 Scope of License to Use AI Image Services
You may use the images and videos produced by our AI Services for all uses, including commercial and non-commercial uses, in accordance with the Creative ML Open RAIL-M License Agreement in all countries and regions of the world, subject to the laws of the place of use.
1.4 Video Effects Processing License
For videos processed through our effect-01 app, you retain ownership of both your original content and the processed videos with effects. You may use the processed videos for any lawful purpose, including commercial use, subject to applicable laws and regulations. We do not claim any rights to your video content.
1.5 Mechanic AI Service Usage
Our mechanic AI app provides unlimited messaging capabilities for automotive diagnostic and repair assistance. While messages are unlimited, to prevent spam and ensure fair usage for all users, we implement an hourly usage cap that may temporarily limit your ability to send messages if exceeded within a one-hour period. This measure is designed to maintain service quality and prevent abuse while still allowing genuine users to access comprehensive automotive assistance. Normal usage patterns will not be affected by this limitation. If you need to send more messages, contact us at bigbrainthingsandsuch@gmail.com to request a higher usage limit.
1.6 Community Forum and User-Generated Content
The mechanic AI app includes a community forum feature that allows users to post questions, share automotive experiences, provide advice, and interact with other users. By using the forum, you grant Big Brain Things a worldwide, non-exclusive, royalty-free license to use, display, reproduce, modify, and distribute your posted content within the app and related services. You retain ownership of your content but acknowledge that it may be visible to other users and used for improving our services.
II. User Conduct and Precautions
2.1 Follow the CreativeML Open RAIL-M License
2.2 Product/Service Usage Guidelines
(1) You warrant that you shall not, and are prohibited from, directly or indirectly:
- Delete, conceal, or change any patent, copyright, trademark, or other proprietary notices displayed on or contained in the Big Brain Things App products/services.
- Interfere or attempt to interfere in any way with the proper functioning of the Big Brain Things App product/service or any part or feature thereof.
- Avoid, attempt to avoid or claim to be able to avoid any content protection mechanism or Big Brain Things App product/service data metrics tool.
- You shall not use the web service system for any illegal purpose; you shall not use any Big Brain Things App Product Service web service system for any act that may adversely affect the normal operation of the Internet or mobile network.
2.3 User Precautions
(1) In order to provide a high-quality creative platform for all users and to enable the benign and healthy development of Big Brain Things App, we will severely deal with users who are involved in reactionary and pornographic avatars, signature files, and those who publish pirated and undesirable contents. Once such behavior is found, you will be temporarily or permanently banned from using specific functions depending on the situation. The resulting loss will be borne by the user who violates the regulations.
(2) You understand and agree that Big Brain Things App has the right to punish any violation of the relevant laws and regulations or the provisions of this Agreement in its reasonable judgment, take appropriate legal action against any user who violates the law, and report the relevant information to the relevant departments in accordance with the laws and regulations. The user shall solely assume all legal responsibilities arising therefrom.
(3) You understand and agree that you shall be independently responsible for any claims, demands, or losses claimed by third parties as a result of or arising from your violation of the provisions of this Agreement or the relevant Terms of Service; you shall also be jointly liable for any losses suffered by this product as a result.
(4) You understand and agree that in order to provide you with effective services, this product/service will utilize the processor and bandwidth of your terminal device and other resources. In the process of using this product/service, data traffic charges may be incurred, and you are required to find out the relevant tariff information from the operator and bear the relevant charges by yourself.
(5) When you use this product/service, you shall bear the following risk contents from Big Brain Things App which are beyond your control, including but not limited to:
- The risk of loss or leakage of personal information that may be caused by irresistible factors.
- You must choose the version of the product/service that matches the installed terminal device, otherwise, any problems or damages caused by the mismatch between the product/service and the terminal device model shall be borne by you.
- When you use the product/service to access a third-party website, the risk that may result from the third-party website and related content shall be borne by you.
- The risks and responsibilities that may arise from the dissemination of the content you have published by others who have forwarded and shared it.
- The risk of Big Brain Things App login failure, incomplete data synchronization, slow page opening speed, etc., caused by unstable wireless network signals, small wireless network bandwidth, etc.
- You acknowledge and know that all the contents generated by the current experience service are generated by artificial intelligence models, and we do not guarantee the accuracy, completeness, and functionality of the generated contents, and the generated contents do not represent our attitude or opinions.
(6) Third-party products and services:
When you use the products or services provided by third parties in this product/service, please comply with the third-party's user agreement. This product is not responsible for any disputes that may arise between you and products or services provided by third parties.
As a result of the user using the product/service or requesting Big Brain Things App to provide specific services, the product/service may invoke a third-party system or support the user's use or access through a third party, and the results of the use or access are provided by such third party. The product does not guarantee the safety, accuracy, effectiveness, and other uncertainties of the services and content provided through the third party. The product shall not be responsible for any disputes and damages arising therefrom.
2.4 Video Content Restrictions (effect-01 App)
When using the effect-01 app for video processing, you agree to the following restrictions and responsibilities:
- You must own or have proper authorization for all video content you upload for processing
- You may not upload videos containing illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content
- You may not upload videos that infringe upon the intellectual property rights of others
- You may not upload videos containing personal information of third parties without their consent
- You are responsible for ensuring your video content complies with all applicable laws and regulations
- We reserve the right to refuse processing of any video content that violates these terms or applicable laws
- You acknowledge that video processing may take time depending on file size and server load
- We are not responsible for any loss of video content during processing, though we implement safeguards to prevent such occurrences
- Processed videos are stored on our servers for 12 hours after completion. You are responsible for downloading your processed videos within this timeframe
- After 12 hours, processed videos are automatically deleted from our servers and cannot be recovered
2.5 Mechanic AI Usage Guidelines and Restrictions
When using the mechanic AI app, you agree to the following terms and restrictions:
- The service provides unlimited messaging for legitimate automotive diagnostic and repair inquiries
- To prevent spam and ensure fair usage, an hourly message cap is implemented that may temporarily restrict messaging if exceeded within a one-hour period
- The hourly cap resets automatically and is designed to allow normal usage patterns while preventing abuse
- You may not use the service for purposes other than automotive-related inquiries and assistance
- You may not attempt to circumvent or bypass the hourly usage limitations through technical means
- Repeated attempts to spam or abuse the service may result in temporary or permanent suspension of access
- The AI responses are for informational purposes only and should not replace professional mechanical diagnosis or repair
- You are responsible for verifying any advice or information provided by the AI before implementing repairs or maintenance
- We do not guarantee the accuracy or completeness of AI-generated automotive advice
- You assume all risks associated with following AI-generated repair or maintenance suggestions
- The service should not be used for emergency situations requiring immediate professional assistance
2.6 Community Forum Guidelines and User Content Responsibilities
When using the community forum and posting content, you agree to the following terms:
Content Standards:
- All forum posts must be related to automotive topics, vehicle maintenance, or repair discussions
- You may not post content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
- You may not post spam, advertisements, or promotional content without prior authorization
- You may not impersonate others or create fake accounts
- You may not post copyrighted material without proper authorization
- You may not share personal information of others without their consent
- You may not post content that violates intellectual property rights
User Responsibilities:
- You are solely responsible for all content you post in the forum
- You warrant that you have the right to post any content you submit
- You agree to indemnify Big Brain Things against any claims arising from your posted content
- You acknowledge that other users' advice should be verified before implementation
- You understand that forum discussions are public and visible to all users
- You agree not to use the forum for commercial solicitation without permission
Content Moderation:
- We reserve the right to monitor, review, and moderate all forum content
- We may remove any content that violates these terms without notice
- We may suspend or ban users who repeatedly violate forum guidelines
- Users can report inappropriate content through the app's reporting system
- We are not obligated to pre-screen content but may do so at our discretion
- Removed content may not be recoverable
Intellectual Property and Content Licensing:
- You retain ownership of your original content posted in the forum
- By posting, you grant us a license to display, distribute, and use your content within our services
- You may not post content that infringes on others' intellectual property rights
- We may use aggregated, anonymized forum data to improve our services
- You agree that your posts may be used for training AI models and service improvement
2.7 Subsection Features and Specialized Content
The mechanic AI app includes specialized subsections for different automotive topics. When using these features:
- Each subsection may have specific usage guidelines and limitations
- Content and advice in subsections are subject to the same disclaimers as general AI responses
- Subsection-specific features may be added, modified, or removed without notice
- Usage of subsections is subject to the same hourly caps as general messaging
- Some subsections may require additional permissions or have restricted access
- We reserve the right to limit access to specific subsections based on usage patterns or violations
III. Service Fees and VIP Membership Related
3.1 Description of Paid Services
Some services of Big Brain Things App are provided for free, but some functions require VIP or additional tokens (which may be called "points", "tokens", "pro" in the app). The specific benefits, usage rules, billing methods, fees, and payment methods of VIP membership or paid tokens are subject to the content provided by the platform and details on the relevant pages.
Big Brain Things App may modify and change the power rules, billing standards, and methods of the paid services according to actual needs. Before the aforementioned modifications, changes, or commencement of charging, Big Brain Things App will make a notice or announcement on the corresponding service page. If you do not agree with the aforementioned modifications, changes, or payment contents, you should stop using the service.
3.2 Service Opening, Content of Rights and Benefits, Service Term and Charges
(1) For the opening of paid services, you shall first ensure that you have full civil rights and full civil capacity at all times during the opening and use of the service, and that you have the actual capacity to enter into and perform the rights and obligations under this Agreement.
(2) You may complete the purchase of the Service and become a VIP member or enjoy the consumable payment points through various existing and future new payment channels or the methods specified by the App. You can enjoy the service after you have confirmed and successfully paid the membership service fee and/or completed all procedures of the paid purchase according to the prompt on the page of the service and passed the audit of the App.
(3) VIP membership or paid points rights and benefits may include some or all of the following types (actual types and contents of rights and benefits may be added or reduced, and the specific rights and benefits displayed on the service opening page shall prevail):
- Enjoy exclusive functions and exclusive materials for members during the service term (the specific content shall be subject to the page display).
- To obtain additional times of painting creation.
- Other rights and interests. In order to improve user experience and service content, the App may update and modify Big Brain Things membership, paid points and/or its related services, rights and benefits, functions and interface, including developing new functions/rights and deleting old functions/rights. You may continue to use the benefits, functions, or services in accordance with the actual situation of the Service after the changes, and the relevant agreements of this Agreement shall apply.
- The service term of the Service shall be based on the term corresponding to the membership fee selected and paid by you. After the service term expires, the App will stop providing the service to you.
- If you want to enjoy the "subscription (continuous purchase) and auto-renewal service" related to the service, please be sure to read the section of this agreement under "III."
- When you apply for the opening of this service, you must pay the corresponding service fee according to the instructions on the page before completing the opening. Based on the adjustment of rights and interests, market, and business development, the App may adjust the service fee required for the opening of the service. The service fee adjustment of this service will be effective from the date of announcement, and the service you have opened before the effective date will not be affected. However, if you need to renew the service after the expiration of the service, you need to pay according to the fee rate that has been effective after the adjustment.
- Since the paid service membership benefits are virtual content consumption, they are not transferable or refundable after payment is completed, except as otherwise provided by laws and regulations. If there is a malfunction during the use of the application, resulting in the consumption of paid points/credits but not the corresponding services, the App will only refund the part of the payment that has malfunctioned, and the other purchased credits that have been used normally or not yet used will not be refunded.
IV. Disclaimer
You understand and agree that Big Brain Things App cannot guarantee uninterrupted service and that there may be interruptions, bugs, or other technical issues with the platform, which may affect your use of the paid services. In the event of any malfunction that affects your use, we will do our best to restore normal operation as quickly as possible, but we do not guarantee that the service will be error-free or uninterrupted. Additionally, we are not responsible for any direct or indirect damages arising from the use of the paid services. If any dispute arises from the purchase or use of the service, Big Brain Things App's liability will be limited to the amount paid for the specific service, if applicable.
Regarding video processing services in the effect-01 app:
- We do not guarantee that all video formats will be compatible with our processing algorithms
- Video processing quality and results may vary depending on the original video quality and content
- We are not responsible for any loss of video content during processing, though we implement comprehensive safeguards
- Processing times may vary based on video length, file size, and server load
- We do not guarantee that all requested effects will be successfully applied to every video
- You acknowledge that video processing involves AI and machine learning algorithms that may produce varying results
Regarding mechanic AI services:
- AI-generated automotive advice is provided for informational purposes only and should not replace professional mechanical diagnosis
- We do not guarantee the accuracy, completeness, or reliability of AI-generated automotive recommendations
- Users are solely responsible for verifying and implementing any suggested repairs or maintenance procedures
- We are not liable for any damages, injuries, or losses resulting from following AI-generated advice
- The hourly usage cap may result in temporary service limitations during periods of high usage
- Service availability may be affected by API limitations, server maintenance, or technical issues beyond our control
- We reserve the right to modify the hourly usage cap limits as needed to maintain service quality
Regarding community forum and user-generated content:
- We do not guarantee the accuracy, reliability, or safety of user-generated content in the forum
- Users post content at their own risk and are solely responsible for their contributions
- We are not liable for any damages resulting from user interactions or advice shared in the forum
- We do not endorse or verify the qualifications of users providing advice in the forum
- Forum content may be removed or modified without notice for violations or technical reasons
- We are not responsible for preserving or backing up user-generated content
- Community interactions and disputes between users are not our responsibility
- We may collect and analyze forum data for service improvement and AI training purposes
- Forum availability may be interrupted for maintenance, updates, or technical issues
V. Data Collection and Privacy for Community Features
5.1 Forum Data Collection
When you use the community forum and subsection features, we may collect and process the following data:
- Your forum posts, comments, and interactions with other users
- Timestamps and frequency of your forum activity
- User engagement metrics and interaction patterns
- Reported content and moderation actions taken on your account
- Device information and technical data related to forum usage
5.2 Data Usage
We may use collected forum data for the following purposes:
- Improving AI responses and automotive knowledge base
- Training machine learning models for better service delivery
- Analyzing user behavior to enhance app features and user experience
- Moderating content and enforcing community guidelines
- Generating anonymized analytics and usage reports
- Complying with legal requirements and responding to legal requests
5.3 Data Retention and Deletion
Forum posts and user-generated content may be retained indefinitely to maintain forum continuity and improve services. Users may request deletion of their content by contacting us, though we reserve the right to retain data as required by law or for legitimate business purposes. Deleted content may remain in backups and cached systems for technical reasons.
VI. Reporting and Enforcement
6.1 Content Reporting
Users can report inappropriate content, violations of terms, or abusive behavior through the app's built-in reporting system. We will review reports and take appropriate action, which may include content removal, user warnings, temporary suspensions, or permanent bans.
6.2 Enforcement Actions
We reserve the right to take the following enforcement actions for violations:
- Content removal or modification
- Temporary or permanent forum access restrictions
- Account suspension or termination
- Reporting to law enforcement when required by law
- Legal action for severe violations or repeated offenses
6.3 Appeals Process
Users who believe their content was wrongly removed or their account was unfairly restricted may appeal by contacting us at bigbrainthingsandsuch@gmail.com with details of the disputed action. We will review appeals in good faith but reserve the right to make final decisions regarding content and account management.
VII. Other
To the extent permitted by law, the final right to interpret this Agreement shall be vested in Big Brain Things App.
If you have any questions regarding the use of this Agreement, please contact us at bigbrainthingsandsuch@gmail.com
