Условия использования

This agreement

This User Agreement is between you and Lau Group LLC, which runs FLAÜNTE (itsflaunte.com, the FLAÜNTE apps and the FLAÜNTE APIs). It applies to everyone with a FLAÜNTE account. By signing it you agree to it. If you do not agree, do not use FLAÜNTE.

Who you are

You are who you say you are. The name, email, date of birth and other details you give us are true and are yours. You are at least 18 years old.

You keep your login safe and you are responsible for everything done through your account. You will not open an account for someone else, pretend to be anyone else, or let anyone else use your account.

Photos and likenesses of people

You only upload photos, video or audio of yourself, or of a person who has given you written permission to upload them and to make images, video or audio of them on FLAÜNTE — and you can show us that permission if we ask. Every person in what you upload is at least 18 years old.

You will never upload or use anyone else's face, body, voice or likeness without their consent, and you will stop at once if they withdraw it.

Before you upload a photo of a person, make a likeness, verify your identity or join Likeness Studio, you also sign the Likeness Declaration. It forms part of this agreement.

Using someone's likeness without permission

Using another person's face, body, voice or likeness without their permission may be a crime, and it is a civil wrong in many places. Depending on where it happens, it can break laws on the right of publicity and personality rights, privacy, data protection and biometric data, deepfakes and digital replicas, intimate images, fraud, impersonation and identity theft, harassment and stalking, defamation and consumer protection. It can lead to criminal prosecution, fines, damages, court orders and imprisonment.

If we find, or are told, that FLAÜNTE has been used to misuse anyone's likeness, we will: remove the content; suspend or close every account involved and ban the person responsible from FLAÜNTE; keep the evidence, including account details, signed agreements, uploads, outputs, logs and payment records; and report it to, and cooperate with, law enforcement, regulators and the person affected, including by giving them information where the law allows or requires it.

You are personally responsible for any misuse of a likeness through your account, and for every claim, loss, fine or penalty that results from it.

What you may not do

You will not use FLAÜNTE to: make sexual or nude content of anyone; make any content of a minor; harass, threaten, defame, deceive or impersonate anyone; pass AI-made content off as real in a way that misleads people; break the law or anyone's rights; get around, remove or alter our safety checks, watermarks or content credentials; or scrape, copy, reverse engineer, overload or attack the service. The service rules in our Terms of use also apply.

Your content

You keep the rights you have in what you upload. You give FLAÜNTE a worldwide, non-exclusive, royalty-free licence to host, store, process, copy and display your content only as needed to run, secure and provide the service to you, to deliver what you ask for, and to comply with the law. This licence ends when you delete the content or your account, except for copies we must keep by law or as evidence, and content licensed to others under a licence that is still running.

You are responsible for having every right needed for what you upload and for how you use what you make.

FLAÜNTE is a platform

FLAÜNTE is a software service. We provide tools that let you make, store and share images, video and audio, and, through Likeness Studio, let people license their likeness to brands. We are an intermediary: you, and the brands and people you work with, are responsible for what you upload, create, license and publish.

We do not endorse user content, we do not review it before it is made, and we do not publish it, except that we deliver files to the parties of a licence as the delivery service. We are not a party to any licence between a person and a brand, or to any agreement between them and their agents, employers, clients or publishers.

Content checks, watermarks, content credentials, likeness matching and moderation are safety measures we choose to run. They do not mean we have reviewed or approved any content, and we are not responsible for content they did not catch.

Notice and takedown: anyone who believes content made or shared through FLAÜNTE uses their likeness without permission, or otherwise breaks their rights, can report it at itsflaunte.com/report. Our process is set out at itsflaunte.com/legal/takedown. We act on valid notices promptly and may remove content, and suspend licences and accounts, while we look into a report.

Your responsibility for claims (indemnity)

To the maximum extent permitted by law, you will defend, indemnify and hold harmless Lau Group LLC, its affiliates, and their officers, directors, employees, contractors and agents (together, the "FLAÜNTE Parties") against any claim, demand, investigation or proceeding brought by anyone else, including a public authority, and against all resulting damages, losses, fines, penalties, settlements, costs and reasonable legal fees, arising out of or relating to: (a) content you upload, create, license, publish or share; (b) your use of any person's likeness, including your own; (c) your breach of this agreement or of any declaration you made on FLAÜNTE; or (d) your violation of any law or of anyone's rights.

We may take over the defence of any such claim at our own cost, and you will cooperate with us. You will not settle a claim that affects a FLAÜNTE Party without our written consent.

If you are a consumer living in the European Union or the United Kingdom, this section applies only to losses caused by your breach of this agreement or of the law, and only to the extent you are legally responsible for them.

Disclaimer

FLAÜNTE is provided "as is" and "as available". To the maximum extent permitted by law, the FLAÜNTE Parties make no warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or uninterrupted or error-free service.

In particular, we do not promise that AI-made images, video or audio will be accurate, that they will look or sound exactly like any person, that a garment, product or room will fit or look as shown, that an output will be suitable for any purpose, or that an output is free of anyone else's rights (for example in a design, a logo, a place, or a resemblance to another person). You decide whether and how to use an output, and you are responsible for checking it before you do.

Limitation of liability

To the maximum extent permitted by law: (a) the FLAÜNTE Parties will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, data, goodwill or reputation, however caused and whether in contract, tort (including negligence), statute or otherwise, even if we were told they were possible; and (b) the FLAÜNTE Parties' total liability for all claims arising out of or relating to FLAÜNTE or this agreement is limited to the greater of the fees you paid to FLAÜNTE in the 12 months before the event that gave rise to the claim, or US$100.

These limits apply even if a remedy fails of its essential purpose. They are an essential part of the bargain between us: without them we could not offer FLAÜNTE at its prices.

Nothing in this agreement limits or excludes any liability that cannot be limited or excluded by law, such as liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, or under the statutory rights of consumers in the European Union, the United Kingdom or elsewhere. Where the law that applies to you does not allow a limit or exclusion, it applies only to the extent that law allows.

Disputes

Talk to us first. Before starting any claim, you agree to email legal@itsflaunte.com describing the dispute and to give us 60 days to try to resolve it. We will do the same before starting a claim against you.

Arbitration in the United States. If you are based in the United States, you and FLAÜNTE agree that any dispute, claim or controversy arising out of or relating to FLAÜNTE or this agreement will be resolved by final and binding individual arbitration, not in court, except as set out below. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules or, if the AAA is not available, by JAMS under its consumer rules. The Federal Arbitration Act governs this section. The arbitrator decides every question, including the scope and enforceability of this section, except that a court decides any question about the class-action waiver. For a consumer claim, we will pay any filing, administration and arbitrator fees above what you would have paid to file in court.

Exceptions. Either party may bring an individual claim in a small-claims court if it qualifies. Either party may ask a court for an injunction to stop the infringement or misuse of intellectual property, a likeness or personal data.

Class-action and jury-trial waiver. To the maximum extent permitted by law, you and FLAÜNTE each bring claims only individually, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding, and each give up the right to a jury trial. If this waiver is found unenforceable for a claim, that claim must be decided by a court, not in arbitration, and the rest of this section still applies.

30-day opt-out. You can opt out of arbitration by emailing legal@itsflaunte.com within 30 days of first accepting this agreement, with your name, the email on your account and a clear statement that you opt out of arbitration. Opting out does not change any other part of this agreement.

Governing law and courts. This agreement is governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. Any dispute that is not arbitrated will be heard only in the state and federal courts located in the State of Delaware, USA, and you and we consent to their jurisdiction.

Consumers in the EU, the UK and elsewhere. If you are a consumer living in the European Union, the United Kingdom or another country whose law gives consumers rights that cannot be waived, nothing in this section takes those rights away. You also have the protection of the mandatory law of the country where you live, you can bring proceedings in the courts of that country, and the arbitration, class-action and jury-trial parts of this section do not apply to you.

Time limit. To the extent permitted by law, any claim must be brought within one year after it arises, or it is permanently barred.

Suspension and termination

You can stop using FLAÜNTE and close the account at any time. We may suspend or end access, remove content or refuse service at any time if we reasonably believe this agreement or the law has been broken, someone is at risk, or we are exposed to liability, and in any other case with notice.

The parts of this agreement that by their nature should last — including the declarations made, misuse, indemnity, disclaimers, limitation of liability, disputes and the records we keep — survive the end of this agreement.

Changes to this agreement

We may update this agreement. Each version has a version number and an effective date. When a change is material, we ask for the new version to be read and accepted before FLAÜNTE can be used again; anyone who doesn't accept it can close their account. A change does not apply to a dispute we already know about.

Electronic signature and records

Typing your full name and ticking the boxes is your electronic signature. It has the same effect as a handwritten signature, and this agreement counts as being in writing.

We keep a record of each agreement signed: the version, a fingerprint (SHA-256) of the exact text, the name typed, the boxes ticked, the time, the language, and one-way hashes of the device's IP address and browser. We keep these records after an account is closed, for as long as a claim could be brought, as evidence of the agreement (see the Privacy Policy).

General

Severability. If any part of this agreement is found invalid or unenforceable, it is limited or removed only as much as necessary, and the rest stays in full force.

Entire agreement. This agreement, with the documents it refers to (the Privacy Policy, the service rules in the Terms of use, and any licence signed on FLAÜNTE), is the entire agreement about its subject and replaces any earlier one. If they conflict, a signed licence governs its own subject, then this agreement.

No waiver unless in writing; not enforcing a term is not a waiver. You may not transfer this agreement; we may transfer it to an affiliate or to a successor to our business. Nothing in it creates a partnership, employment or agency.

Language. This agreement is written in English and the English text is the binding one. Translations are for convenience only.

Contact: Lau Group LLC, legal@itsflaunte.com.