This is a translation. The English version is the legally binding one; switch the language to English in the footer to read it.
Kisheria
Masharti ya matumizi
Everyone with a FLAÜNTE account signs the User Agreement below before using the app, and signs again when we make a material change. It covers who you are, the photos you upload, misuse of anyone's likeness, our role as a platform, responsibility for claims, liability and disputes. The service rules after it are part of the same agreement.
Before you upload a photo of a person or make a likeness, you also sign the Likeness Declaration. Brand accounts sign the Brand Agreement.
In short — this summary helps you read the agreement; it doesn't replace it.
- You are who you say you are, and you are 18 or over.
- You only upload photos of yourself, or of people 18 or over who gave you written permission you can show us.
- Using someone's likeness without their permission may be a crime. We remove it, ban the account, keep the evidence and report it.
- FLAÜNTE provides the tools. You are responsible for what you upload, make, license and publish, and you cover our costs if it causes a claim.
- The service is provided as is. Our liability is limited as far as the law allows.
- In the US, disputes go to individual arbitration (you can opt out within 30 days). Your mandatory consumer rights stay.
The agreement below is in English, which is the binding version.
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.
Service rules
By using itsflaunte.com, the FLAÜNTE app and its APIs, you agree to use the service lawfully, not to misuse APIs or attempt unauthorized access, and to follow these rules.
We improve FLAÜNTE all the time, so features can change. SLAs apply only where set out in a signed agreement (e.g. enterprise customers). FLAÜNTE branding, software, and documentation are owned by Lau Group LLC or its licensors.
Likeness Studio
Likeness Studio inamruhusu mtu aliyethibitishwa kupata mapato kutoka kwa mfano wake. Unaweza kuunda machapisho kwa chaneli zako mwenyewe (Post it), kupata kamisheni ya duka-mwonekano, kutoa mwonekano ulioundwa kwako kwa chapa kama leseni zilizolipwa, kupokea nafasi na mikataba ya balozi ya kila mwezi, na kufanya kazi kama mfano wa kifafa kwa safu za saizi. Masharti haya yanatumika kwako wakati wowote unapoitumia.
Nani anaweza kushiriki
- Lazima uwe na miaka 18 au zaidi. Hatuorodheshi kamwe watoto wadogo.
- Unathibitisha kwa kitambulisho cha serikali na selfie ya moja kwa moja iliyolingana na mfano wako. Tunaorodhesha watu walio hai tu; mali haiwezi kuorodhesha.
- If your face matches a listed public figure, you can't join Likeness Studio as yourself until our team has checked it. Public figures are listed only after our team's review — through their verified representative, or by applying themselves with a verified ID, proof of an official account and a public link — with a $1,000 minimum price.
- Tunauliza wakati wa uthibitisho ikiwa wewe ni mwanachama wa chama. Ikiwa ndivyo, unathibitisha kuwa kazi yako hapa inafuata sheria za chama chako.
Idhini yako, leseni kwa leseni
- Hakuna kinachoundwa kutoka kwako kwa chapa bila leseni uliyokubali. Nafasi huanza kama muhtasari (matumizi, chaneli, eneo, muda, upekee na wingi); unakubali, unapinga au unakataa. Leseni imeandikwa kutoka kwa muhtasari na kutiwa saini katika programu na wewe na chapa.
- Picha, video na sauti huundwa kutoka kwa mfano wako uliokubaliwa tu. Unakubali kila picha kabla chapa haijaipata.
- Unaweza kuwasha idhini ya kiotomatiki ndani ya sheria zako mwenyewe baada ya kuidhinisha nafasi 3 mwenyewe. Picha kisha huamuliwa saa 48 baada ya kuwa tayari isipokuwa ukiwakagua kwanza, na unaweza kutuma yoyote kurudi ndani ya saa hizo 48.
- Sauti yako imepewa leseni kando, na idhini yake ya kuzungumza. Unasikiliza na kuidhinisha kila rekodi.
- Machapisho unayounda kwa Post it ni kwa chaneli zako mwenyewe na yamewekwa lebo "Iliyoundwa na AI · FLAÜNTE".
Matumizi yaliyopigwa marufuku
Chochote unachoruhusu, nafasi haziwezi kamwe kujumuisha uchi au maudhui ya kingono, uidhinishaji wa kisiasa, chuki, silaha, tumbaku au uvutaji sigara, kamari, au madai ya kimatibabu au kupunguza uzito. Pombe inawezekana tu ikiwa unairuhusu, na tu katika mikoa ambapo matangazo ya pombe ni halali. Orodha yako mwenyewe ya kutokufanya inazuia muhtasari kiotomatiki, na muhtasari unaopingana na upekee uliokwisha toa unazuiwa.
Ada na malipo
- FLAÜNTE inabaki na 10% ya kila ada. Leseni ni angalau $50. Uchakataji wa kadi huongezwa kwenye malipo ya chapa, na gharama za malipo ni zetu.
- Sehemu yako inashikiliwa kwa siku 14 baada ya chapa kulipa, ili kulipia mabishano na malipo yaliyorejeshwa, kisha inaweza kulipwa.
- Malipo huanza mara tu unapoongeza maelezo yako ya kodi. Tunaripoti unachopata kwa mamlaka za kodi ambapo sheria inahitaji na kukutumia taarifa ya kila mwaka. Wewe ndiye unayehusika na kodi zako mwenyewe.
- Chapa: kodi (VAT, GST au kodi ya mauzo) huongezwa kwenye gharama za FLAÜNTE pale tuliposajiliwa, kamwe si kwa ada ya mtu, ambayo tunakusanya kwa niaba yao. Nambari halali ya kodi ya biashara inamaanisha malipo ya nyuma pale sheria inaporuhusu. Bei ziko katika dola za Kimarekani; sarafu zingine ni makadirio, na malipo ya kadi yanaweza kutozwa kwa sarafu yako kwa kiwango cha siku pamoja na 1%.
- Kamisheni ya Duka-mwonekano imewekwa na chapa kwenye usawazishaji wa duka lake, hadi 30%.
- Bei na mapato yako yako katika USD. Tunalipa duniani kote kupitia Stripe, Flutterwave, Paystack au PayPal, na mtoa huduma hubadilisha wakati wa malipo. Malipo ya chini ni $10 ($25 kupitia Stripe). Unapobadilisha maelezo yako ya malipo, malipo husubiri siku 7.
- Marejesho na mabishano huamuliwa na FLAÜNTE, si kwa upande wowote wa nafasi.
Mikataba ya balozi
Mikataba ya balozi huendeshwa kwa miezi 3, 6 au 12 na hulipwa kila mwezi. Upande wowote unaweza kuimaliza kwa notisi ya siku 30. Ikiwa mwezi haujalipwa ndani ya siku 7 mkataba husitishwa (hakuna kazi mpya); kwa siku 14 bila kulipwa unaisha.
Mawakala, mameneja na washirika
- Ajensi au meneja unayemkubali anaweza kuweka viwango vyako na kujibu maombi kwa ajili yako. Wanachukua 0–30% ya sehemu yako, baada ya ada ya FLAÜNTE. Wewe peke yako ndiye unayekubali picha.
- Unaweza kumpa sifa mtunzi wa mitindo, mtaalam wa nywele au make-up na kushiriki hadi 30% ya sehemu yako nao, wote pamoja.
Marejeleo
Zawadi za rufaa hulipwa kutoka kwa ada ya FLAÜNTE, kamwe si kutoka kwa sehemu ya mtu yeyote. Unapata 5% ya ada yetu kwenye mapato ya mtu aliyerejeshwa, au 10% ya ada yetu kwenye matumizi ya chapa iliyerejeshwa, kwa miezi 12. Rufaa hukaguliwa kwa udanganyifu, na mrejesha mmoja anaweza kupata hadi $2,000 kwa mwezi.
Kukomesha
Unaweza kukomesha picha zote mpya zako wakati wowote. Picha zilizokwisha tengenezwa na kuchapishwa chini ya leseni hubaki halali hadi muda wa leseni hiyo uishe. Unaweza kufuta sauti yako wakati wowote: hakuna sauti mpya itakayoundwa baada ya hapo, na rekodi zilizokwisha kutolewa hubaki na leseni kwa muda wake. Leseni inapokwisha, chapa hukumbushwa na faili za nafasi zilizotolewa hufutwa.
Leseni za chapa
Chapa zinazoweka nafasi kwa watu zinakubali masharti yetu ya Chapa: uthibitisho wa biashara, kutumia faili tu ndani ya leseni, rekodi za matumizi, na adhabu za matumizi mabaya. Ikiwa mfano wako unatumika mahali pasipofaa, angalia sera yetu ya Uondoaji.
Advice
Picha za majaribio na masimulizi ni za usaidizi tu, si ushauri wa kitaalamu. Maamuzi ya kifafa, mzio, na usalama yanabaki kuwa yako.
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