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Encantando Terms of Service - AI Photo Stylization

Last Updated: 01/03/2025

Welcome to Encantando by Gravura Poderosa LDA ("we," "us," or "our"), a company incorporated in Portugal with the fiscal number 517517787. These Terms of Service ("Terms") govern your use of our AI photo stylization tool (the "Tool"), located at encantando.me, which transforms your photos into a diverse range of artistic styles.

By accessing or using the Tool to create AI-generated art, you agree to be bound by these Terms. If you do not agree to all the Terms, do not use the Tool.

1. Acceptance of Terms

1.1 Contractual Relationship

By accessing or using the Encantando AI Photo Stylization Tool ("Tool"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), as well as our Privacy Policy, which is incorporated herein by reference.

1.2 Eligibility

You may not use the Tool if you are not legally eligible to form a binding contract under applicable laws, or if your use of the Tool for creating AI-generated art is prohibited by any applicable laws or regulations.

2. Modifications to Terms

2.1 Updates to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website, unless otherwise indicated by us.

2.2 Notification of Changes

We will endeavor to provide notice of any material changes to these Terms (e.g., via a prominent statement on our homepage or by email). Your continued use of the Tool after the effective date of any updated Terms constitutes your binding acceptance of such changes.

3. Description, Responsible Use, and Scope of the Tool

3.1 Responsible and Creative Use

Our AI Photo Stylization Tool is designed to empower users to transform their personal photographs into unique artistic expressions by applying a variety of digital stylization techniques. We encourage responsible, ethical, and creative usage:

  • Creative Expression and Personalization: Utilize the Tool to generate personalized artistic renderings from your photographs for personal enjoyment, social sharing, and creative projects, in accordance with these Terms.
  • User Responsibility for Uploaded Content and Generated Output: You are solely responsible for the images you upload ('User Content') and the resulting stylized images ('Stylized Output'). You must ensure you have all necessary rights and permissions for your User Content. The Tool provides capabilities for artistic transformation; some resulting Stylized Outputs may be reminiscent of known artistic styles or aesthetics. You bear full responsibility for ensuring your use of any Stylized Output complies with all applicable laws, including intellectual property rights, and does not infringe upon the rights of any third party. Encantando provides the Tool as a service and disclaims any liability for user-generated content or outputs that may infringe third-party rights.
  • Ethical AI Art Generation Principles: Users are expected to adhere to ethical principles in AI art generation. This includes, but is not limited to, respecting the intellectual property and moral rights associated with original content, avoiding the creation of misleading or harmful content, and maintaining transparency where appropriate when sharing AI-generated or AI-assisted artwork.

4. User Obligations and Conduct

4.1 Lawful Use of User Content for Stylization

You represent and warrant that you own or have obtained all necessary rights, licenses, consents, and permissions to the User Content you upload for AI stylization by the Tool, and that your User Content and its use by the Tool as contemplated herein does not and will not infringe upon any third-party rights or violate any applicable laws or regulations.

4.2 Restrictions on Content for Stylization

You agree not to upload, generate, or distribute through the Tool any User Content or Stylized Output that:

  • Is unlawful, fraudulent, defamatory, libelous, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable, or that infringes our or any third party's intellectual property or other rights;
  • Contains or promotes violence, discrimination, or illegal activities;
  • Violates the privacy or publicity rights of others without their express consent or due legal basis.

4.3 Accuracy of Provided Information

When creating or managing your account for the Tool, or otherwise providing information to us, you agree to provide true, accurate, current, and complete information and to update such information as necessary to maintain its truth and accuracy.

5. Data Retention and Deletion Policy

5.1 Temporary Storage for Service Provision

To provide the AI stylization service and enable you to download your Stylized Output, we temporarily store your uploaded User Content and the generated Stylized Output on our active servers for a maximum period of twenty-four (24) hours following the completion of the stylization process.

5.2 Data Deletion: Automatic and User-Initiated

Your User Content and corresponding Stylized Output are scheduled for automatic and irreversible deletion from our active servers upon the expiration of the aforementioned 24-hour period. Additionally, you may have the option, through functionalities provided within the Tool, to manually initiate the deletion of your User Content and Stylized Output prior to this automatic 24-hour deletion.

5.3 Irreversibility of Deletion and User Responsibility

Once User Content and Stylized Output are deleted, whether automatically after 24 hours or upon your initiation, this data cannot be recovered by us. It is your sole responsibility to download and save your Stylized Output within its availability window and before initiating any manual deletion. We shall not be liable for any loss or damage you may incur as a result of your failure to download your Stylized Output prior to its deletion.

6. Intellectual Property Rights

6.1 Ownership of User Content and Stylized Output

You retain full ownership of the original photographs and other content you upload to the Tool ('User Content'). By uploading User Content, you grant Encantando a non-exclusive, worldwide, royalty-free, sublicensable license to access, use, host, store, reproduce, modify, adapt, create derivative works from (such as the 'Stylized Output'), publish (at your direction), publicly display (at your direction), and transmit your User Content solely for the purposes of: (a) operating, providing, and improving the AI stylization functionalities of the Tool; (b) generating the Stylized Output as requested by you; and (c) fulfilling our obligations under these Terms. You represent and warrant that you have all necessary rights to grant us this license. You generally retain ownership rights to the Stylized Output generated from your User Content, subject to: (i) Encantando's underlying rights in the Tool, its algorithms, and its generative capabilities; (ii) your full compliance with these Terms; and (iii) your sole responsibility for ensuring that neither your User Content nor your use of the Stylized Output infringes upon any third-party intellectual property rights, as further detailed in these Terms.

6.2 Tool and Service Intellectual Property

We (and our licensors, where applicable) retain all rights, title, and interest, including all related intellectual property rights, in and to the Tool, its underlying software, algorithms, technology, any anonymized or aggregated data derived from the use of the Tool, and any know-how or techniques related to its operation or the stylization effects it generates, excluding your User Content and your rights in the Stylized Output as described above. These Terms do not grant you any rights to our intellectual property except for the limited, revocable license necessary to access and use the Tool as expressly permitted herein.

7. Privacy and Data Usage

7.1 Personal Data

Your use of the Tool may involve the processing of personal data. All personal data collected, used, stored, or shared by us in connection with your use of the Tool is subject to our Privacy Policy. [Note: In your live application, 'Privacy Policy' should be a link to your actual policy document.] Our Privacy Policy is incorporated by reference into these Terms and outlines our practices, including compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws in Portugal.

7.2 Anonymous or Aggregate Data

Notwithstanding anything to the contrary, we may monitor, collect, use, and store anonymous or aggregated data derived from or relating to your use of the Tool for statistical analysis, analytics, research, product improvement, development of new services, and other lawful business purposes, provided such data does not identify you or any other individual.

8. Disclaimer of Warranties

8.1 "As-Is" and "As-Available" Basis

The Tool is provided on an "as-is" and "as-available" basis, without any warranties of any kind. To the maximum extent permitted by applicable law, we expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

8.2 No Guarantee of Performance or Results

We do not warrant that the Tool will be uninterrupted, error-free, secure, or that any defects will be corrected. We do not guarantee the accuracy, reliability, completeness, or availability of the Tool, nor the quality or characteristics of any Stylized Output generated through its use. The artistic results of the AI stylization can vary based on the User Content provided and the inherent nature of generative AI.

8.3 No Representation of Suitability

We make no representation or warranty that the Tool or any Stylized Output obtained from its use will meet your specific creative expectations, artistic requirements, operational needs, or particular purposes. All risk arising from the use or performance of the Tool and any reliance on the Stylized Output remains with you.

9. Limitation of Liability

9.1 Exclusion of Indirect Damages

To the maximum extent permitted by applicable law, in no event shall Gravura Poderosa LDA, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages (including, without limitation, damages for loss of profits, data, use, goodwill, or other intangible losses) arising out of or relating to your access to or use of, or inability to access or use, the Tool or any Stylized Output, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been informed of the possibility of such damage.

9.2 Cap on Total Liability

To the maximum extent permitted by applicable law, in no event shall Gravura Poderosa LDA's aggregate total liability to you for all claims arising out of or relating to the use of or any inability to use the Tool (whether in contract, tort, statute, or otherwise) exceed the greater of: (a) the total amount paid by you, if any, to Encantando for using the Tool during the twelve (12) month period immediately preceding the event giving rise to such liability; or (b) one hundred euros (EUR €100.00).

9.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain implied warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the fullest extent permitted by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Gravura Poderosa LDA, its affiliates, officers, directors, shareholders, employees, and agents from and against any and all claims, actions, suits, proceedings, damages, obligations, losses, liabilities, settlements, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from or related to:

  • Your breach of any term of these Terms.
  • Your violation of any applicable law, rule, or regulation.
  • Your infringement or violation of any third-party right, including without limitation any copyright, trademark, trade secret, privacy right, publicity right, or other intellectual property right, in connection with your User Content or your use or distribution of any Stylized Output.
  • Any unauthorized or unlawful use of the Tool attributable to your account or actions.
  • Any claim that your User Content caused damage to a third party.

11. Governing Law & Jurisdiction

11.1 Governing Law

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of Portugal, without regard to its conflict of law principles.

11.2 Jurisdiction

You agree that the courts of Lisbon, Portugal shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.

12. Termination

12.1 Termination by User

You may terminate your agreement to these Terms by discontinuing your use of the Tool at any time. If you have a registered account with us, you may also request the deletion of your account in accordance with our prevailing account management procedures, subject to our data retention policies and any legal obligations to retain certain information.

12.2 Termination by Us

We reserve the right to suspend or terminate your access to or use of the Tool, in whole or in part, at our sole discretion, without prior notice or liability, for any reason or no reason, including but not limited to your breach of these Terms or if we reasonably believe you have engaged in activities that are unlawful, fraudulent, or may cause harm to Encantando, our services, or other users.

12.3 Effects of Termination

Upon termination of your access to or use of the Tool for any reason, your right to access or use the Tool will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions (Section 6.2), warranty disclaimers (Section 8), indemnity (Section 10), and limitations of liability (Section 9).

13. Contact Information

If you have any questions, concerns, or comments regarding these Terms or the Tool, please contact us using the following details:

Gravura Poderosa LDA
Fiscal Number (NIF): 517517787
Email: help@encantando.me

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or additional terms and conditions published by us on the website or through the Tool that are applicable to specific activities or services, constitute the entire agreement between you and Gravura Poderosa LDA concerning your use of the Tool. They supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

14.2 Severability

If any provision of these Terms is found by a court of competent jurisdiction or other adjudicatory body to be invalid, illegal, or unenforceable for any reason, such provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, or, if not enforceable, shall be deemed severable from these Terms, and the remaining provisions of the Terms will continue in full force and effect.

14.3 No Waiver

Our failure or delay in exercising or enforcing any right or provision of these Terms will not constitute a waiver of such right or provision in that or any other instance. A waiver of any right, term, or provision of these Terms will be effective only if in writing and signed by a duly authorized representative of Encantando.

14.4 Assignment

You may not assign or transfer your rights or obligations under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms, in whole or in part, at our sole discretion, without restriction or notice to you.

By accessing or using the Tool, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.