We’re super excited to share what our team has been working on for the past year and how it will impact the way we create and interact with AI.
Today, we’ve launched a groundbreaking text-to-video product that features cinematic quality output and the ability to add your personal likeness. In other words, type anything you can imagine, get a beautiful video, and add yourself as the star — all for free.
Our mission to empower everyone in the world to tell their own, personal story, has taken a significant step forward. We strongly believe that individual storytelling is something that has been overlooked in this latest AI revolution. Our text-to-video product is the next frontier in the rapidly growing AI video generation space — putting your likeness directly into the story — to create and express yourself like never before.
We achieved this industry first by leveraging the power of our proprietary AI platform. We’re excited to introduce this homegrown platform that accelerates innovation by enabling non-technical users to ideate, innovate, test and productionize new AI workflows via an approachable visual interface.
In this way, building AI is no longer just for Machine Learning experts. As a broader group of team members become meaningful contributors to our AI pipelines, our capacity for innovation increases.
AI-Generated Videos + Personalization
Our new AI-powered video generator is the first step in giving users the ability to tell CGI-quality stories with only their imagination.
By simply typing a few words, you can generate a unique, high-quality video within minutes, for free. Whatever quirky, hilarious, and, most importantly, original, idea you have can now be made into a video for you to share with your friends and the world.
Let’s write the following prompt: 1970’s, male, disco dancer, smiling, blonde hair, close up. No problem. Here it is —
Here’s another one with the prompt: English Bobby, 1800’s style, streets of London, close up, life-like.
And there’s plenty more where that came from.
Want to see yourself in the same video? Now, you can insert your photo into any situation you can imagine, thanks to PlaiDay’s personalization technology.
Add yourself as the star
Now that we’ve created the original video, the PlaiDay engine highlights the new feature to “Personalize” the video just created. That’s where we’ll add up to 3 images that instruct the engine to include your likeness in the video.
3 images uploaded into the PlaiDay Engine to personalize
Once you receive you original video, click the PERSONALIZE button below the video to add your likeness to a new video
This time, let’s add your likeness to that same video by uploading your photo to that video: 1970’s, male, disco dancer, smiling, blonde hair, close up. @me (Asher Brooks)
Here’s another one: English Bobby, 1800’s style, streets of London, close up, life-like @me (Asher Brooks)
PlaiDay makes it easy and fun to create and personalize videos with endless inspiration and expression.
To truly tell your story, both you, your friends, and anything that is important to you needs to be properly reflected in that story. Our personalization and video generation AI models currently support the ability to insert yourself into a short video, but it’s not a significant leap to imagine the ability to insert yourself, your friends, and any object — anything you value — into a fully personalized AI-generated story. Collaborative storytelling is on the way — and it’s here to stay.
An AI Development Platform For All Industries
PlaiDay’s text-to-video product, built entirely on our own platform, is an example of the power and speed that we can expect from our proprietary technology going forward.
The platform is a flexible set of tools that can be used to enhance almost any business. It leverages a foundation of reusable code blocks, which will enable both tech and non-tech-savvy folks to create and deploy new, interesting AI applications quickly and efficiently — regardless of the industry.
For the first time, a designer or product manager can create unique and complex AI capabilities without the help of an expensive hardcore engineering team. While we’re currently using it internally, we plan to share our development platform with the world in the coming months.
The Future of AI Will Be Built on PlaiDay
While this announcement is very exciting, we are most excited about what is to come. From empowering people around the world to tell their stories, to enabling others to use our AI development platform to take ideas from prototypes to production at speeds never seen before, the possibilities are limitless.
From where we stand, AI is the most exciting thing to come along since the social web. Having founded MySpace and Jam City, we know a thing or two about weaving new technology into the fabric of our users’ lives, and couldn’t pass up the chance.
Whether it was the rise of social media or the rise in mobile gaming, we saw the wave coming and developed experiences that brought these technologies to the masses.
Today, we are looking at a landscape similar to previous moments in tech history. While we’re confident PlaiDay will spur a new era of AI-powered creativity, we also look at this as just the start.
This Privacy Policy describes how Plai Labs, Inc. (“we”, “us,” “our,” or the “Company”) collects, uses and discloses information about individuals who use our, PlaiDay application (“Application”), services, tools and features (collectively, the “Services”). For the purposes of this Privacy Policy, “you” and “your” means you as the user of the Services, whether you are a customer or another individual whose information we have collected pursuant to this Privacy Policy. For the purposes of UK and EU data protection laws, we are the data controller.
Please read this Privacy Policy carefully. By using, accessing, or downloading any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use, access or download any of the Services.
CHANGES TO THIS PRIVACY POLICY
We may modify this Privacy Policy from time to time in which case we will update the “Last Updated” date at the top of this Privacy Policy. If we make material changes to the way in which we use information we collect, we will use reasonable efforts to notify you (such as by emailing you at the last email address you provided us, by posting notice of such changes on the Services, or by other means consistent with applicable law) and will take additional steps as required by applicable law. If you do not agree to any updates to this Privacy Policy, please do not access or continue to use the Services.
HOW WE COLLECT AND USE YOUR INFORMATION
When you access or use the Services, we collect certain categories of information about you from a variety of sources.
Information We Collect Directly from You
Some features of the Services may require you to directly provide us with certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features. Information that you directly submit through our Services may include:
Contact details (e.g., name, date of birth, phone number, gender, email). We collect contact details to communicate with you, provide you with the Services, tailor the Services, and to market to you.
Photographs (e.g., images of yourself). We collect photos of yourself, that you choose to upload to the Services, in order to consistently generate your avatar, display your likeness on the Services via your avatar.
Account information (e.g., username and password). We collect account information to maintain and secure your account with us. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately. Accounts that have not been used for more than thirty-six months will be inactive.
Any other information you choose to provide to us or include in communications with us, for example, when sending a message through the Services or report a problem.
Information We Obtain from Third Parties
We may obtain information about you from third parties, such as:
Telephone number and email address from other users of the Application who refer you to join and use the Application.
Any information we obtain from third parties will be treated in accordance with this Privacy Policy. We are not responsible or liable for the accuracy of the information provided to us by third parties and are not responsible for any third party’s policies or practices. For more information, see the section below, Third Party Websites and Links.
Information We Collect Automatically
We also automatically collect certain information about your interaction with the Services (“Usage Data”). To do this, we may use cookies, web beacons, and other geolocation tracking technologies, etc. (“Tracking Technologies”). Usage Data may include:
Device information (e.g., unique device identifier, device type, IP address, operating system, advertising identifiers).
Browser information (e.g., browser type).
Location information (e.g., approximate geolocation).
Other information regarding your interaction with the Services (e.g., number of sessions, session duration, Application open time and updates, log data, date and time stamps, clickstream data, ad impressions, interactions with a referral link).
We use Usage Data to tailor the Services, including features and content to you, market to you, monitor our marketing efforts, run analytics and better understand user interaction with the Services. For more information on how we use Tracking Technologies and your choices, see the section below, Cookies and Other Tracking Technologies.
In addition to the uses described above, we may use any of the above information to comply with any applicable legal obligations, and to protect or defend our rights, and the rights of our users or others.
To the extent applicable data protection law requires that we have a legal basis to process information, the relevant legal basis is described in the section below, Legal Basis for Processing.
COOKIES AND OTHER TRACKING TECHNOLOGIES
Most web-based services accept cookies automatically, but you may be able to control the way in which your devices permit the use of Tracking Technologies. If you so choose, you may block or delete our cookies from your browser; however, blocking or deleting cookies may cause some of the Services, including certain features and general functionality, to work incorrectly. If you have questions regarding the specific information about you that we process or retain, as well as your choices regarding our collection and use practices, please contact us using the information listed below.
To opt out of tracking by Google Analytics, click here.
We engage Ad Networks to provide interest-based advertising for our Services, including ads across other third party websites. Ad Networks collect information about you via our Services, but also across other non-Company affiliated-websites that you visit. To learn more about interest-based advertising, or to opt out of having your web browsing information used by certain third-party advertisers for behavioral advertising purposes, please visit www.aboutads.info/choices or https://www.networkadvertising.org/choices/.
Your device settings may allow you to transmit a “do not track” signal, “opt-out preference” signal, or another signal or mechanism for exercising your choice regarding the collection of your information when you visit various websites, including our Services. Like many services, our Services are not designed to respond to “Do Not Track” signals received from browsers. To learn more about “Do Not Track” signals, you can visit http://www.allaboutdnt.com/.
If you have questions regarding the specific information about you that we process or retain, as well as your choices regarding our collection and use practices, please contact us using the information listed below.
HOW WE DISCLOSE YOUR INFORMATION
In certain circumstances, we may disclose your information to third parties as follows:
With our affiliates or otherwise within our corporate group as we use shared infrastructure, systems and technology and, in some instances, we may rely on our affiliates to support us in providing the Services.
With vendors or other service providers, such as those providing cloud storage, technical infrastructure services, analyzing how our Services are used, providing customer service, administering our communications, or conducting surveys.
With marketing or analytics companies that conduct and/or track marketing that is related to our Services and reach high-quality audiences for our products and services.
With advertising publishers, networks and exchanges to retarget advertisements to you or show you advertisements that are interesting to you (“Ad Networks”).
When you request us to share certain information with third parties, such as through your use of a referrals code/link or social media widgets.
In connection with or anticipation of an asset sale, merger, bankruptcy, or other business transaction.
To comply with applicable law or any obligations thereunder, including cooperation with law enforcement, judicial orders, and regulatory inquiries.
To enforce any applicable terms of service and ensure the safety and security of the Company and/or its users.
With professional advisors, such as auditors, law firms, or accounting firms.
USER GENERATED CONTENT
The Application also hosts places for you to describe your avatar, posts, and interact with other users, which users may elect to join and/or participate in. The purpose of these features is to interact with other customers. Through your participation, you may submit messages and photos (“User-Generated Content” or “UGC”). We or others may store, display, reproduce, publish, or otherwise use UGC, and may or may not attribute it to you. Others may also have access to UGC and may have the ability to share it with third parties. If you choose to submit UGC to any public area of the Services, your UGC will be considered “public” and will be accessible by anyone, including the Company.
Please note that we do not control who will have access to the information that you choose to make available to others, and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the features permitting creation of UGC or what others do with information you share with them on such platforms. We are not responsible for the accuracy, use or misuse of any UGC that you disclose or receive from third parties through the forums.
THIRD PARTY WEBSITES AND LINKS
We may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of these sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.
CHILDREN’S PRIVACY
Children under the age of 13 or, if a higher age of majority applies in your country, such higher age, are not permitted to use the Services, and we do not seek or knowingly collect any personal information about such children. If we become aware that we have unknowingly collected information about such a child, we will make commercially reasonable efforts to delete such information. If you are the parent or guardian of a child under the age of majority who has provided us with their personal information, you may contact us using the below information to request that it be deleted.
SECURITY AND RETENTION OF YOUR INFORMATION
Please be aware that, despite our reasonable efforts to protect your information, no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” Any information you send to us electronically, while using the Services or otherwise interacting with us, may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.
We retain your information for as long as is reasonably necessary for the purposes specified in this Privacy Policy, for longer periods of time where we obtain your consent. We remove photographs from inactive accounts. When determining the length of time to retain your information, we consider various criteria, including whether we need the information to continue to provide you the Services, or for our legitimate interests, such as to resolve a dispute, enforce our contractual agreements, detect or prevent harm or abuse, promote safety, security and integrity, or protect ourselves, including our rights, property or products.
We will also retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes and enforce our terms and conditions, other applicable terms of service, and our policies.
WHERE WE STORE YOUR INFORMATION
Your personal information will be transferred to, and stored at/processed in the US as the Services are provided by Plai Labs, Inc.
Your personal information will also be transferred by the Company to other countries outside the European Economic Area (“EEA”) and the United Kingdom (“UK”) and processed by staff operating outside the EEA and the UK who work for us or one of our third party service providers or partners. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Privacy Policy.
CALIFORNIA RESIDENTS
Users Under 18
Any residents under the age of eighteen (18) who have registered to use the Services and who have posted content or information on the Services can request that such information be removed from the Services by contacting us at the e-mail or address set forth in the “How to Contact Us” section below. Such request must state that they personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the resident cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished the post, and archived copies of it may be stored by search engines and other parties that we do not control.
YOUR PRIVACY RIGHTS
Depending on where you live, you may have the rights listed below in relation to personal information that we have collected about you. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law.
Right of Access. You have a right to request access to the personal information we process and certain information about our collection, use and disclosure of your personal information.
Right of Portability. You have the right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
Right to Delete. You have a right to request that we delete personal information we maintain about you.
Right to Correct. You have a right to request that we correct inaccurate personal information we maintain about you.
Restriction of processing to storage only. You have the right to require us to stop processing the personal information we hold about you, other than for storage purposes, in certain circumstances.
Objection. You have the right to object to our processing of your personal information.
Withdrawal of consent. Where we rely on consent to process your personal information, you have the right to withdraw this consent at any time by emailing us at Legal@PlaiLabs.com .
LEGAL BASIS FOR PROCESSING
We rely on different legal bases to process your information for the purposes described in this Privacy Policy.
Information
Lawful Basis
Contact details (e.g., name, date of birth, phone number, gender, email).
We process your basic contact details as necessary to fulfil our contracts with you. This means providing the Services as described in the Terms of Service.We may also process your contact details, with your consent, for marketing purposes. You can withdraw consent at any time.
Account information (e.g., username and password).
We process information your information as necessary for our or others’ legitimate interests. Our interests include:providing a personalized service to our users;allowing users to use interactive features such as forums, blogs, chats and messaging services and social media pages;providing users with the opportunity to participate in sweepstakes and contests;de-identifying and aggregating information for [insert purpose];andrunning analytics to better understand user interaction with the Services.We won’t process your information if your interests, or your fundamental rights and freedoms override our interests.
Activity information (e.g. information you share while engaging with the Services, such as your photos, posts and other UGC) and metadata about such activity data.
Other informationyou choose to provide to us or include in communications with us, for example, when sending a message through the Services, reporting a problem.
Device information (e.g., unique device identifier, device type, IP address, operating system, advertising identifiers).Browser information (e.g., browser type).Location information (e.g., approximate geolocation).Other information regarding your interaction with the Services (e.g., number of sessions, session duration, Application open time and updates, log data, date and time stamps, clickstream data, ad impressions, interactions with a referral link).
Contact details, account information, activity information and other information as may be required by law enforcement
Where required to do so, we will process information to comply with a legal obligation. For example, if we receive a valid legal request for certain information, we may have to access and/ or share your information with law enforcement agencies or others.
COMPLAINTS
If you have complaints about how we process your personal information, please contact us at info@plailabs.com and we will respond to your request as soon as possible.
If you think we have infringed data protection laws, you can file a claim with the data protection supervisory authority in the country in which you live or work or where you think we have infringed data protection laws.
HOW TO CONTACT US
Should you have any questions about our privacy practices or this Privacy Policy, please email us at info@plailabs.com or mail us at 112 Montana Ave, Suite 116, Santa Monica, CA 90403.
Terms of use
Welcome to the Terms of Service (these “Terms”) for the PlaiDay mobile application (the “App”) and plaiday.io website (the “Website”) operated on behalf of Plai Labs, Inc. (“Company”, “we” or “us”). The App, Website and any content, tools, features and functionality offered on or through our App and Website are collectively referred to as the “Services”.
These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.
For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
SECTION 9 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO THE COMPANY’S SERVICES AND/OR PRODUCTS THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW. YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER AS EXPLAINED IN SECTION 9.
TABLE OF CONTENTS
1.Who May Use the Services 1
2.User Accounts 2
3.ORDERS foR PRODUCTS AND/OR SERVICES 2
4.Location of Our Privacy Policy 3
5.Rights We Grant You 3
6.Ownership and Content 7
7.Third Party Services and Materials 9
8.Disclaimers, Limitations of Liability and Indemnification 9
9.ARBITRATION AND CLASS ACTION WAIVER 10
10.Additional Provisions 12
Who May Use the Services
You must be 13 years of age or older and reside in the United States or any of its territories to use the Services.Minors under the age of majority in their jurisdiction but that are at least 13 years of age are only permitted to use the Services if the minor’s parent or guardian accepts these Terms on the minor’s behalf prior to use of the Services. Children under the age of 13 are not permitted to use the Services. In furtherance of our policy of not collecting personal information from persons under the age of 13, users are not allowed to give the Company the personal information of any persons under the age of 13 for any reason. By using the Services, you represent and warrant that you meet these requirements.
User Accounts
Creating and Safeguarding your Account. To use the Services, you need to create an account or link another account, such as your Apple, Facebook or Google account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. You can access, edit and update your Account via the account settings page on the App. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at legal@plailabs.com if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. You agree not to create any Account if we have previously removed your, or we previously banned you from any of our Services, unless we provide written consent otherwise.
ORDERS foR PRODUCTS AND/OR SERVICES
Payment. The Services may permit you to purchase certain other products or services through the Services, including products or services of third parties that are offered through the Services (“Offerings”). You acknowledge and agree that all information you provide with regards to a purchase of Offerings, including, without limitation, credit card, PayPal, or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue, modify, or limit the available quantity of, any Offerings, and (b) refuse to allow any user to purchase any Offering or deliver such Offerings to a user or a user designated address. When you purchase Offerings, you (a) agree to pay the price for such Offerings as set forth in the applicable Service, and all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”), and (b) authorize us to charge your credit card or other payment method for the Full Purchase Amount. Unless otherwise noted, all currency references are in U.S. Dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Payment can be made by credit card, debit card, or through PayPal or other means that we may make available. Orders will not be processed until payment has been received in full, and any holds on your account by PayPal or any other payment processor are solely your responsibility.
Promotional Codes. We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers (“Promotional Codes”) that may be redeemed for discounts on future Offerings, or other features or benefits related to the Services, subject to any additional terms that the Company establishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by the Company; (d) may be disabled or have additional conditions applied to them by the Company at any time for any reason without liability to the Company; (e) may only be used pursuant to the specific terms that the Company establishes for such Promotional Code; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.
Changes and Pricing. The Company may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Offerings. While we attempt to be as accurate as we can in our descriptions for the Offerings, we do not warrant that Offering descriptions are accurate, complete, reliable, current, or error-free. If an Offering itself is not as described on the Services, your sole remedy is to return it (for physical products, in unused condition). The inclusion of any Offerings for purchase through the Services at a particular time does not imply or warrant that the Offerings will be available at any other time. We reserve the right to change prices for Offerings displayed on the Services at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new Offering prices to the Services and/or upon making the customer aware of the pricing error.
Return Policy. There are no refunds available for any Offerings on the Services, except as we may choose to offer in our sole discretion on a case by case basis.
Location of Our Privacy Policy
Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at [ ⬤ ].
Rights We Grant You
Right to Use Services. We hereby permit you to use the Services for your personal non-commercial use only, provided that you comply with these Terms in connection with all such use. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services (and right to download a single copy of the App onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Company, in its sole discretion, may elect to take.
Restrictions On Your Use of the Services. You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:
download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any proprietary software owned by the Company and deployed for the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms;
duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
exploit the Services for any commercial purpose, except as specifically permitted by the Company in connection with your permitted use of the Services, including without limitation communicating or facilitating any commercial advertisement or solicitation;
access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same;
attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
submit, transmit, display, generate, create, perform, post or store any content that is inaccurate, unlawful, defamatory, infringing, obscene, lewd, lascivious, filthy, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable, use the Services for illegal, harassing, bullying, unethical or disruptive purposes, or otherwise use the Services in a manner that is infringing, obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, hateful, cruel or insensitive, deceptive, threatening, abusive, inflammatory, pornographic, inciting, organizing, promoting or facilitating violence or criminal or harmful activities, defamatory, obscene or otherwise objectionable;
violate any applicable law or regulation in connection with your access to or use of the Services;or
access or use the Services in any way not expressly permitted by these Terms.
Use of the App. You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App. We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App or will be available in, or that orders for Offerings can be placed from, any particular geographic location. As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from the Company. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from the Company.
Mobile Software from the Apple App Store.The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and the Company, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store’s applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and the Company acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and the Company acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third party terms of agreement when using the App. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Beta Offerings. From time to time, we may, in our sole discretion, include certain test or beta features or products in the Services (“Beta Offerings”) as we may designate from time to time. Your use of any Beta Offering is completely voluntary. The Beta Offerings are provided on an “as is” basis and may contain errors, defects, bugs, or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Offering is at your sole risk. You agree that once you use a Beta Offering, your content or data may be affected such that you may be unable to revert back to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Offering back to the prior non-beta version. If we provide you any Beta Offerings on a closed beta or confidential basis, we will notify you of such as part of your use of the Beta Offerings. For any such confidential Beta Offerings, you agree to not disclose, divulge, display, or otherwise make available any of the Beta Offerings without our prior written consent.
Third Party Software. The Services include our artificial intelligence and machine learning model (“Model”). Our Model uses Stable Diffusion open source software and/or certain other third party software (“Third Party Software”). Your access and use of such Third Party Software, including through your use of the Services, may be governed by additional terms and conditions of the provider of such Third Party Software, which you agree to comply with. We will endeavour to notify you of such additional terms and conditions. The terms of the applicable Stable Diffusion software license are available at https://github.com/CompVis/stable-diffusion/blob/main/LICENSE (“Stable Diffusion License”). You agree to comply with the Stable Diffusion License, including, without limitation, not to use the Services:
in any way that violates any applicable national, federal, state, local or international law or regulation;
for the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
to generate or disseminate verifiably false information and/or content with the purpose of harming others;
to generate or disseminate personal identifiable information that can be used to harm an individual;
to defame, disparage or otherwise harass others;
for fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
for any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
to exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
for any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
provide medical advice and medical results interpretation; and
to generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).
Points. You may be able to earn points through your use of the Services (“Points”). You do not own the Points. We grant you a non-exclusive, non-transferable, non-sublicensable, limited license and right to use the Points in accordance with these Terms while we offer the Services and you have an Account in good standing. Any balance of Points shown in your Account constitutes only a measurement of the extent of your limited license to Points. Points are not a substitute for currency or medium of exchange, and do not have an equivalent value in real currency. You are not allowed to transfer Points outside of the Services. You are not allowed to sublicense, trade, sell or attempt to sell Points for money or other consideration, or exchange Points for value of any kind outside of the Services. Any such transfer or attempted transfer is prohibited and void. Points are not redeemable, refundable or eligible for any currency or anything else of value.
Ownership and Content
Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including, without limitation, the exclusive right to create derivative works.
Ownership of Trademarks. The Company’s name, trademarks, logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
Your Content License Grant. In connection with your use of the Services, you may be able to post, upload, or submit content to be made available through the Services (“Your Content”). Your Content also includes (i) any content generated and returned to you by the Services based on the content you upload to, or text prompts you enter into, the Services (“Your Generated Content”), and (ii) the text prompts you enter into the Services. In order to operate the Service, we must obtain from you certain license rights in Your Content so that actions we take in operating the Service are not considered legal violations. Accordingly, by using the Service and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify Your Content but solely as required to be able to operate, improve and provide the Services. You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of operating, improving and providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. As part of the foregoing license grant you agree that the other users of the Services shall have the right to like, bookmark, share, comment on and/or tag Your Content that you share or post on the Services; except that the foregoing shall not apply to any of Your Content that you post privately for non-public display on the Services other than to specific users (such as your friends) that you permit to view such items of Your Content. As between the Company and you, the Company does not claim any ownership in Your Content, including Your Generated Content. To the fullest extent permitted by applicable law, the Company reserves the right, and has absolute discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason, and without notice. By posting or submitting Your Content through the Services or by otherwise using Your Generated Content, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content, including Your Generated Content, will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above. We make no representations or warranties related to Your Generated Content, and you are solely responsible and liable for Your Generated Content, including for ensuring that it does not violate any applicable law, these Terms, or infringe or misappropriate the intellectual property rights of others.
Notice of Infringement – DMCA (Copyright) Policy
If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
identification of the copyrighted work that is claimed to be infringed;
identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service;
information for our copyright agent to contact you, such as an address, telephone number and e-mail address;
a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
Notices of copyright infringement claims should be sent by mail to: Plai Labs, Inc., Attn: Nick Darabi, Finance and Legal, 1112 Montana Ave, Suite 116, Santa Monica, CA 90403; or by e-mail to nick@plailabs.com. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion.To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.
Third Party Services and Materials
Use of Third Party Materials in the Services. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
Disclaimers, Limitations of Liability and Indemnification
Disclaimers.
Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “the Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; and (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN SECTION 8.2 BELOW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
THE COMPANY ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH THE COMPANY ENTITIES WILL BE RESPONSIBLE FOR.
Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) Your Content, or (e) your negligence or wilful misconduct. If you are obligated to indemnify any Company Entity hereunder, then you agree that Company (or, at its discretion, the applicable Company Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Company wishes to settle, and if so, on what terms, and you agree to fully cooperate with Company in the defense or settlement of such claim.
ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Informal Process First. You and the Company agree that in the event of any dispute, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 30 days in which to respond. Both you and the Company agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to the Company’s services and/or products, including the Services, and any use or access or lack of access thereto, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMSunder its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Because your contract with the Company, these Terms, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and the Company are each waiving the right to trial by jury or to participate in a class action or class arbitration.
Exceptions. Notwithstanding the foregoing, you and the Company agree that the following types of disputes will be resolved in a court of proper jurisdiction:
disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding;
disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or
intellectual property disputes.
Costs of Arbitration. Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, the Company will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below).
Fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS rules. In that case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable rules. If you prevail in the arbitration and are awarded an amount that is less than the last written settlement amount offered by the Company before the arbitrator was appointed, the Company will pay you the amount it offered in settlement. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to legal@plailabs.com. The notice must be sent to the Company within thirty (30) days of your first registering to use the Services or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions, the Company also will not be bound by them.
WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. To the fullest extent permitted by applicable law, you and the Company each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). You and the Company AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. You and the Company EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. If the dispute is subject to arbitration, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. Further, you and the Company agree that the ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law and consistent with the Exceptions clause above.
IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.
Additional Provisions
SMS Messaging and Phone Calls. Certain portions of the Services may allow us to contact you via telephone or text messages. You agree that the Company may contact you via telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your use of the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any Offerings. You also understand that you may opt out of receiving text messages from us at any time, either by texting the word “STOP” using the mobile device that is receiving the messages, or by contacting legal@plailabs.com. If you do not choose to opt out, we may contact you as outlined in our Privacy Policy.
Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice when you open the App or Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in Terms.
Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, the Company may, but is not obligated to, delete any of Your Content. The Company shall not be responsible for the failure to delete or deletion of Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity.
Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Export Laws. You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.
Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of California, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 9, or if arbitration does not apply, then the state and federal courts located in Los Angeles County, California.
How to Contact Us. You may contact us regarding the Services or these Terms by e-mail at legal@plailabs.com.
Contact
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