All the filters Terms of Use

Update date: 11/06/2024

Welcome to use Big Brain 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 App 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 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.

1.2 Service Form

Your use of the Service requires you to download and use our App: Big Brain 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.

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:

1 - Delete, conceal, or change any patent, copyright, trademark, or other proprietary notices displayed on or contained in the Big Brain App products/services.
2 - Interfere or attempt to interfere in any way with the proper functioning of the Big Brain App product/service or any part or feature thereof.
3 - Avoid, attempt to avoid or claim to be able to avoid any content protection mechanism or Big Brain App product/service data metrics tool.
4 - You shall not use the web service system for any illegal purpose; you shall not use any big brian 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 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 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 App which are beyond your control, including but not limited to:

① The risk of loss or leakage of personal information that may be caused by irresistible factors.
② 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.
③ 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.
④ The risks and responsibilities that may arise from the dissemination of the content you have published by others who have forwarded and shared it, and therefore such dissemination.
⑤ The risk of Big Brain App login failure, incomplete data synchronization, slow page opening speed, etc., caused by unstable wireless network signals, small wireless network bandwidth, etc.
⑥ 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 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 (including but not limited to the content accessed by the third party through the personal center, etc.). 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.

III. Service Fees and VIP Membership Related

3.1 Description of Paid Services

Some services of Big Brain 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 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 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):

① Enjoy exclusive functions and exclusive materials for members during the service term (the specific content shall be subject to the page display).
② To obtain additional times of painting creation.
③ Other rights and interests. In order to improve user experience and service content, the App may update and modify Big Brain 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.
④ 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.
⑤ 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."
⑥ 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.
⑦ 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.

3.3 Service Opening, Content of Rights and Benefits, Service Term and Charges

① Enjoy exclusive functions and exclusive materials for members during the service term (the specific content shall be subject to the page display).
② To obtain additional times of painting creation.
③ Other rights and interests. In order to improve user experience and service content, the App may update and modify Big Brain 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.
④ 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.
⑤ 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."
⑥ 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.
⑦ 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 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 App's liability will be limited to the amount paid for the specific service, if applicable.

V Other

To the extent permitted by law, the final right to interpret this Agreement shall be vested in Big Brain App.

If you have any questions regarding the use of this Agreement, please contact us at bigbrainthingsandsuch@gmail.com.