Terms and conditions

This Terms of Service agreement (the “Agreement”) governs the contractual relationship between the Company as a service provider and any natural person as a service user.

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1. General provisions and definitions

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1.1 The Company is a legal entity acting as a service provider under this Agreement (the “Company”, “we”, “us”, or “our”).

1.2 Any person using the Company’s services / systems as indicated in this Agreement is considered to be a client of the Company under this Agreement (the “Client” / “You”).

The Company offers services only for natural persons of legal age.
You, as a natural person and a user of the Company’s services, shall be responsible for making sure You are eligible to use the Company’s services.

1.3 The Company provides services that include a variety of functions utilizing artificial intelligence, specifically designed to transform static images into dynamic videos using advanced generative AI technology. These services may include, but are not limited to, image-to-video transformation powered by AI tools, and other related features (the “Services”).

The Services can be reached via the website at https://awakenmyphoto.com/ (the “Website”). The Website, the web, and any other system / online ecosystem used by the Company to provide You Services shall collectively be referred to as the “System”.

The exact functionalities of the features are visible in the System.
Content generated while using the Services, as visible in the System (for example photos, videos), hereinafter may be referred to as the “Generated content”.

1.4 The full list of the Services is indicated in the System.

The Company shall have a right to change the list of Services from time to time, without any prior notification to the Client.
The Services available on the System may have different features that are additional to this Agreement. By concluding this Agreement, the Client agrees to the rules of the Service provided and described on the System.
The Client shall be entitled to use / access the Services for which the Client has paid in full, only for the paid period.

1.5 By using the Service, you acknowledge knowing that the Company might use third party technologies (like software, etc.) to provide its Services. Third parties are subject to their own terms, and the Company is not responsible for them.

1.6 Company’s Services and System are available globally with possible restrictions in some areas due to regulatory restrictions. The Client shall be obligated to make sure it is legal to access the System / use the Services in the Client’s location.

1.7 By using the Services in any scope You are agreeing with the Agreement and any other rules governing the Services / System. For the avoidance of doubt, by using the Services / System, You acknowledge reading the Agreement and understanding that You have entered into a legally binding agreement between You, as a user, and the Company, as a service provider.

1.8 This Agreement takes effect at its full scope at the moment You make the payment for the selected subscription plan on the System. The rules of this Agreement mutatis mutandis are applicable to the purchase of any separate (one time) services or products, as well as to the use of the System prior to making the payment for the Services / without signing up to the System / creating an account, including but not limited to, the rules set forth in the Privacy Policy.

1.9 By concluding the Agreement, You agree to waive Your right of withdrawal because the Services (or any products purchased) consist of digital content that is not supplied on a tangible medium.

1.10 The Company shall have the right to unilaterally modify and / or update the Agreement at any time without notice. The updated Agreement takes effect from the moment it is published. Your continuous use of the Services shall be deemed acceptance of the Agreement in its latest and most updated version. You shall periodically check and assess the Agreement. The latest version of the Agreement shall be available at https://awakenmyphoto.com/terms-of-service.

1.11 By agreeing to this Agreement, you acknowledge and agree that the Company may process your personal data without additional consent, where such processing is necessary for the performance of this Agreement, to which you are a party.

1.12 If You disagree to be bound by the terms and conditions of this Agreement in any scope or way, You must not use or must immediately cease Your use of the System / Services or any part of it, as well as its features and functionalities.

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2. Access to Services / creating an account

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2.1 If You wish to access and use the Services, You must follow the Company's instructions and register in the System by creating an account through the following steps:

When using the Website:

Order a subscription plan (see Clause 4.).
Create an account.

2.2 When creating an account (filling the account creation form in the System), the Client must provide:

Name.
Email address.
Unique password, created by the Client.
A confirmation that the Client agrees to the Agreement and other applicable policies of the Company.

More detailed instructions on how to create an account shall be visible in the System. Once all steps are fulfilled, You will be able to use Your user’s account (the “Account”) accessible via the Website.

2.4 Upon using the System, the Client shall allow cookie use by customizing the preferences or by allowing all cookies. The Client must read the terms and conditions applicable to cookies used by the Company for the provision of the Services and proper usage of the System. The latest version of the Privacy Policy, containing cookies’ policy, is available at https://awakenmyphoto.com/privacy-policy.

2.5 It is mandatory for the Client to accept the Agreement, Privacy Policy and any other rules governing the Services / System (if any).

2.6 The Client might be asked to perform a test to tell computers and humans apart and to complete it successfully as a mandatory step for creating an Account. The Client may be asked to perform such tests while completing the logging-in procedure or when confirming order / payment or at any other stage at the discretion of the Company.

2.7 The Company shall be entitled to change the list of required information by modifying, adding, or reducing the list of data needed for the creation of an Account.

2.8 The Client must provide its payment details to conclude the order for Services.

2.9 The Company shall be entitled to ask You to re-submit or renew any of the data needed for the creation of the Account / ordering the Services. Such requests can be made at any time periodically or on an ad-hoc basis, upon the Company’s decision.

2.10 By creating the Account, the Client declares that the information provided to the Company is true, complete, valid, up-to-date and that the Client is the owner / has legitimate grounds for the usage of resources indicated. For the avoidance of doubt, the Client confirms using its own email address and using its own bank account / payment method to pay for the Services.

2.11 Accounts can be created only for personal use. The Client shall not share its log-in credentials with any third-party or unauthorized person. The Account is strictly for own use and cannot be used to use Services on behalf of another individual or entity.

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3. Suspension of the provision of Services and removing the access to the Account

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3.1 In instances where the Account holder does not match the owner of the Account, or if there are any other discrepancies between the provided information, the Company might not be able to proceed with the provision of the Services. The Company reserves the right to suspend any provision of the Services (in part or in full) and / or to remove access to the Account at any time upon the decision of the Company.

3.2 In addition to Clause 3.1, the access to the Account may be denied / removed and the Service provision may be suspended at the discretion of the Company if:

The Client breached material obligations under this Agreement (for example, an obligation to pay in full and in time for the Services ordered), violated its warranties.
The Client is not of a legal age.
The Client is using Services / reaching the System from a restricted location.
The Client violates the Agreement or any other related document or rules.
The Client’s actions in any way pose security, reputational, financial or other risks to the Company, its affiliates, any other third-party, proper functioning of the System, proper provision of the Services to any other person.
The Client’s actions are in any way a breach of any applicable law or regulation, including generally accepted rules of good morals.

3.3 In case the Client’s right to access the System or to use the Services is suspended, the Company shall inform the Client by providing a written notice via email. Such notice should include the reason for suspension, the term of suspension (if the suspension is indefinite, the notice should indicate so), and any action the Client needs to take in order to eliminate the violation (if any) in order to lift the suspension.

3.4 In case the Client is given an opportunity to eliminate the violation, the Company shall give an appropriate time period for the Client to do so. The decision whether to set a time period and if so, for what duration, is at the sole discretion of the Company.

3.5 In all cases where the Company has reason to suspect that a violation of legal acts has been committed, the Company shall have the right to address competent law enforcement authorities and, if the suspicions are confirmed, to ban the Client in fault from using the Services for life or for any other period upon sole discretion of the Company.

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4. Payments and refunds

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4.1 The Services are available for a fee, and the Company shall have a right unilaterally, on its own discretion, to determine the price of Services, the duration of the validity of the price, the applicable promotions and discounts, and other rules related to the payment of the Services.

4.2 The latest and up-to-date list of applicable prices for the Services is available on the System after the Client clicks on the option “Claim my plan” (or similar option that is available on the System). If an existing Client wishes to upgrade or change the current plan, the Client shall request the change by contacting us via email hi@awakenmyphoto.com.

4.3 All prices and fees are in USD unless otherwise indicated on the System.

4.4 The Client shall check the System for the applicable prices and features of each Service prior to placing an order. The price of a Service that has already been ordered and is ongoing may only be changed with the Client’s consent, provided such consent was given as part of the initial subscription.

4.5 The Client agrees to pay an applicable fee (without an initial discount granted for a certain period) after choosing the plan / claiming the plan and before creating the Account for the access of Services. You shall always check the applicable fee before making the initial order.

4.6 The actual applicable fee calculation and payment method, period of the provision of Services, and the fee charging frequency are indicated in the System and confirmed by the Client when confirming an initial order.

4.7 If not canceled, subscription price for the Services will be charged for every further period, as described in the Agreement.

4.8 In all cases, the Client must express the will to order the Service with subscription payment method and shall have a right to revoke such option under the rules applicable for a respective plan.

4.9 The Client must ensure that payment details provided to the Company are valid and ensure sufficient limit of funds available for the subscription payment option.

4.10 Fees for the Services are indicated net of any withholding taxes or any other taxes. You, as a Client, shall be responsible for paying any applicable taxes, levies, duties or any other fees, if applicable.

4.11 The Client warrants using and providing payment information that is owned by the Client or that the Client has a right to use for the purposes as indicated in this Agreement.

4.12 Subscription model: most of our Services are offered through a subscription model and the subscription price is based on a subscription plan selected by the Client. Upon ordering and purchasing a Service, You will have the option to select a specific subscription plan from the available options.

Subscription plan options may include different pricing / term variations, and You shall choose one option.
Subscription plan options may include various discounts and limited-time offers, for example – reduced price for a fixed period of time. You shall always analyze the provided options and make sure You are aware of applicable prices, discount / offer conditions and terms, and understand Your obligations in full before making the order.

Bonus Referral program: we may offer a Bonus Referral Program (“Program”). Under this Program, You may receive 10 additional credits by referring a new user who subscribes using your unique referral link. The referred user will also receive 10 credits upon successful subscription. Credits granted under the Program are valid for 30 days, non-transferable, non-exchangeable, and have no cash value. The referred user must be a new customer who has not previously subscribed to or used our Services and must meet all eligibility requirements set by us. Each user may participate only in accordance with this Agreement and Program rules. Abuse—such as fake accounts, self-referrals, or misrepresentation—may result in disqualification, account suspension, and forfeiture of credits. We may modify, suspend, or terminate the Program at any time without notice. Refunds are not available if any credits (including bonus credits) are used after subscription, except the initial credit used at sign-up of the subscription. Full refund terms are outlined in the “Payments and Refunds” section of this Agreement.

By selecting a subscription plan You agree to be bound by its terms and pricing.
You will be able to find the invoice in Your order confirmation email upon subscribing to our Services. The chosen plan will also be clearly seen when logged into the Account.

4.13 Auto-renewal: following the conclusion of Your initial subscription plan, Your access to the Services will be auto-renewed for an additional period. The subscription will automatically renew at the end of each period, and the corresponding full price of that period subscription rate (without any discounts) will be charged to the Client.

The applicable Service will be automatically renewed for a renewal period equal to the most recent service period of your order (with the exception of 1-week renewal, which will be automatically renewed to 1-month period), at the then-current subscription rate, with payment taken from the payment method chosen by the Client when making the initial order.
The number of renewals is unlimited, and the renewal procedure shall be continued until canceled by the Client.

4.14 Billing procedure: you will be billed and charged on the same calendar day of the relevant month as the one on which the initial or last payment (if the date has changed because of it) was made, unless You cancel beforehand. For example, if you choose a 3-month subscription plan and make the initial payment on 5th of July, the second payment for the following 3-month service provision period will be charged on 5th of October. The exact calendar day may change in the event of a payment failure or if the scheduled payment day is a non-working day in the USA. In the event of a payment failure due to reasons on the Client's side (such as an expired credit card or insufficient balance), the Company may attempt to automatically reprocess the payment (but not more than 6 times in a 2-month period).

The charge will be made using Your selected payment method. To avoid auto-renewal charges, You have the right to terminate Your subscription before the scheduled charge date as per the rules indicated in the Agreement.

4.15 The Company reserves the right to change the subscription plans and the price of the Services from time to time. If the Client does not wish for the Service to automatically renew, the Client must cancel the subscription at least 2 days before the end of the current period, in which case the Services will be terminated upon expiration of the then-current term, unless the Client manually renews the Services prior to that date. Clients who ordered a subscription on the Company’s Website may cancel the subscription by contacting the support team via email at hi@awakenmyphoto.com.

4.16 You must cancel Your subscription plan if you want to stop using the Services.

4.17 Subscription plan details: subscription periods are generally 1-week, 1-month, 2-month, but can vary. Clients must read the subscription description that appears upon selecting a plan to understand the specific terms and conditions.

4.18 Subscription plan modification to unlimited access (if provided by the Company): the Company may offer to upgrade Your subscription with an additional one-time payment that grants access to Services without time limitation that was applied to Your current order. Such upgrades are available in the sole discretion of the Company and strictly according to the rules indicated in the promotional material.

4.19 Additional offers: the Company may make an additional offer for You to purchase some services or products (such as additional credit for a limited period of time) on a one-time payment fee basis. Such payments must be done by following the instructions provided to You in the offer / System. The rules for the subscription plan mutatis mutandis are applicable to one-time payments in the scope not covered in the offer / material provided during the order processing procedure. Such purchase may be available at the sole discretion of the Company.

4.20 The Client agrees to:

Cover all additional costs, fees, charges, taxes and expenses that may arise from their use of the Services.
Order the Services with a valid payment card or another authorized payment method.
Provide the Company with accurate, complete and up-to-date information in Your Account and as specified in the order form. If the Company becomes aware that any information provided by the Client is not current or inaccurate, the Company may, at its sole discretion, suspend the Service and the Client forfeits any right to a refund of the amount paid.

4.21 The Company may, if necessary, engage third-party service providers who support the Company by ensuring the quality and proper delivery of the Services, administering the sale and purchase of the Company’s digital products, and managing all related payments and refunds. For any questions, inquiries, or complaints regarding payments, refunds, or the purchase of digital products, please contact us at hi@awakenmyphoto.com.

4.22 All monetary transfers conducted by You for the Services are handled and transacted through third-party dedicated gateways to ensure the Client’s protection.

Please read the terms and conditions of the chosen payment gateway for the transaction, as they are responsible for the transactions made.
After being transferred to a third-party payment service provider, the Client assumes the risk of loss or damage. The Client’s credit or debit card payments to the Company will be handled and processed by a third-party payment service provider, and none of the sensitive payment information (like card information) will be stored or used by the Company. The Company shall not be liable for any payment issues or disputes that arise due to third-party payment services.
The Company may change the third-party payment service provider from time to time.

4.23 Subscription plan cancellation. To cancel Your subscription, You must provide notice at least 2 days before the start of the next Service period by emailing hi@awakenmyphoto.com. If cancellation is not made within this timeframe, you will be charged for the following period, and the subscription will be canceled effective the period after the paid period.

4.24 Refund policy

Generally, no refunds will be issued for any paid subscription periods, except under the following conditions:

14-day policy: Clients may be eligible for a refund if they contact the Company within fourteen (14) days of subscribing and have not used any credits from the subscription. The initial credit provided and used during the signup process does not count as usage under this policy and does not disqualify the Client from a possibility to get the refund (or part of it) under this Clause.
Company's fault: Clients may be eligible for a refund (in full or partial) if the Services were not provided due to the Company's fault.
Exceptional refunds: In exceptional cases, the Company may, at its sole discretion, issue a full or partial refund (proportional to the Services used) if the Client’s request is well-founded and the circumstances indicate that a refund is reasonable, fair, and necessary. The decision to issue any refund rests entirely with the Company. Clients who believe they may qualify for such an exception should contact the Company via email.

4.25 With the Client’s expressed prior consent and acknowledgment by purchasing digital products, the Client expresses consent to the immediate performance of the Agreement and acknowledges that they will lose the right of withdrawal from the Agreement once they miss the fourteen (14) days term or use subscription credits (the initial credit provided and used during the signup process does not count under this clause). Therefore, refunds will not be provided unless there’s a fault of the Services from the Company side.

4.26 By concluding the Agreement, You agree to lose the right of withdrawal from the Agreement once the conditions described in Clauses 4.24 or 4.25 occur.

4.27 Any claims related to the fees for Services or amounts charged must be submitted in writing to hi@awakenmyphoto.com no later than 30 days from the date the fee was applied or the amount was charged.

4.28 To discuss any other concerns regarding the Service, please also contact our dedicated support team at hi@awakenmyphoto.com.

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5. License to access and use the System

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5.1 Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company materials solely in connection with Your use of the System and Services. You might need to order and pay for a certain Service / Service package to use the System and be granted the limited license. For the avoidance of doubt, the Client acknowledges its understanding that the duration and scope of the license granted is inextricably linked to the Services ordered / paid for by the Client.

5.2 The System is intended for personal and Your own legitimate use, and only for lawful and legitimate purposes, as outlined in the Agreement and any applicable laws.

5.3 The Company materials may not be used for any other purpose than indicated in this Agreement, and this license terminates upon Your cessation of use of the System or Services or at the termination of this Agreement.

5.4 The Company shall have a right to cease supporting the System or its part or any functionality of the System at any time for any period of time. In such event Client’s license to use the System shall be automatically suspended.

5.5 Unless otherwise stated, the Company owns the intellectual property rights in the System and material on the System. The Client acknowledges that all and any intellectual rights including but not limited to the infographics, data, reports, specifications and any other materials in any medium, which were prepared by the Company and / or developed by the Company in connection with the System are the sole and exclusive property of the Company.

5.6 The Client obliges not to violate any intellectual property rights owned or sought to be protected by the Company and shall use all such intellectual property for intended purposes only. This includes the copyrighted and protected merchandise, resources and Company’s logo and trademarks. The Client shall not:

Republish material from the System unless it is separately allowed by the Company.
Sell, rent or sub-license material from the System unless it is separately allowed by the Company.
Unless otherwise stated, show any material from the System in public.
Reproduce, duplicate, copy or otherwise exploit material on the System for a commercial purpose.
Redistribute material from the System.
Edit or otherwise modify any material on the System.
Use the System in any way that causes, or may cause, damage to the System or impairment of the availability or accessibility of the System.

5.7 The Agreement, including terms and conditions regarding the license, applies to all versions of the System, as well as any separate functionality and/or its derivatives.

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6. Risks

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6.1 As a Client, You acknowledge understanding and accepting the following risks associated with the use of the System and Services. Not limited to these examples, You acknowledge being aware of the inherent risks set forth above and hereinafter:

Risk related to the nature of the Services:

The Services are designed to bring memories to Clients by transforming static images into dynamic videos using advanced generative AI technology and are created for entertainment purposes only and should be regarded as such.
The Clients are solely responsible and claim all the liability for any risks associated with the use of the Services, and for assessing all the possible risks.
The Client is solely responsible for ensuring compliance with the terms and conditions, policies, and rules of any third-party platforms, when uploading or otherwise using content derived from such platforms, and the Client must not publish any personal data / photos of other persons and respect other persons’ privacy in connection with the use of Services / System. The Client acknowledges and warrants that the use of such content, including but not limited to the use of personal data / photos of other persons, and any related content complies with all applicable laws, regulations, and contractual obligations. The Company assumes no liability for any actions, restrictions, suspensions, or legal consequences resulting from the Client’s failure to adhere to the terms, conditions, or legal requirements as described herein.
You acknowledge understanding that generated photos / videos may not accurately reflect reality and might distort Your appearance. You agree not to use generated photos / videos if You have concerns related to self-image, self-harm, eating disorders, or similar.
You are solely responsible for ensuring that Your use of the Services / System complies with all applicable laws and ethical standards in such interactions.
You acknowledge and agree to comply with the Acceptable Use and Content Policy set forth in Section 12 of this Agreement, including all restrictions on prohibited content. Failure to comply may result in immediate termination of Your Account and reporting to law enforcement authorities.

Risk of software or other IT weaknesses: there is no guarantee or warranty that the process of using the System and / or Services will be uninterrupted or error-free, and there is an inherent risk that the software and associated technologies and theories could contain weaknesses, vulnerabilities or bugs.

Regulatory risk: it is possible that certain legal systems apply existing regulations or introduce new regulations that have a negative impact on the current setup of the System, as well as usage of the System and / or Services. The Company will make every effort to abide with and always comply with all forms of the applicable regulation. However, the Client has an obligation to make sure its usage of the System / Services is in compliance with the applicable law.

Risk of theft and internet vulnerability: the software platform, other software involved, other technology components and / or platforms might be exposed to electronic or physical attacks that can impair the ability to develop, implement or use the System and / or Services.

6.2 The Company takes no responsibility for any loss due to spoofing, phishing, or other equivalent attacks.

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7. Third party and other disclaimers

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7.1 The Company at its own discretion may use or provide access to third parties to provide services like payment processing, register users, etc. The Client acknowledges accepting and understanding that in order to ensure proper use of the System and provision of Services, Client‘s data may be disclosed to such third-party service providers.

7.2 The use of third-party services are subject to the third-party’s terms of service. The Client acknowledges, accepts and understands that the Company is not responsible for the provision of such services, also, for processing of data performed by such third parties and that any and all disputes arising in relation to the third-party’s services shall be resolved directly between the Client and the respective third-party.

7.3 Any links on the System to third-party websites are provided solely for Your convenience. If You access those links, You will leave the System. The Company does not endorse or make any representations about such third-party websites, and the Company is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on those websites.

7.4 Information on the System, as well as any content on Company’s social media pages is not promised or guaranteed to be correct, current, or complete, and they may contain technical inaccuracies or typographical errors. Accordingly, You should confirm the accuracy and completeness of all posted information before making any decision related to any Services if in any doubt.

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8. Indemnification

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8.1 The Client agrees to defend, indemnify, and hold harmless the Company, its affiliates, and each of their respective directors, officers, employees, and agents from and against any and all third-party claims, demands, and liabilities, including reasonable attorney’s fees, resulting from or arising out of: (i) any breach of Client’s representations and warranties in this Agreement; or (ii) Client’s failure to comply with Client’s obligations under any and all laws, rules or regulations applicable to Client under this Agreement, except to the extent such violation arises out of Company’s failure to comply with Company’s obligations hereunder.

The Client understands and agrees that the Company is not liable or responsible for any outcomes of AI-generated or incorrectly generated content. The Client acknowledges that AI-generated outputs are produced through automated, probabilistic models and may not always meet expectations, achieve desired results, or comply with specific technical requirements. This includes, but is not limited to, cases where the Client uploads files or provides prompts that result in content that is technically infeasible to generate. The Client further understands and agrees that such outcomes do not constitute a failure of service and shall not entitle the Client to a refund, compensation, or any form of claim against the Company.

8.2 The Client may from time to time provide suggestions (feedback) to the Company. All suggestions are and shall be given entirely voluntarily. The Client acknowledges and agrees that suggestions, even if designated as confidential by the Client, shall not, absent a separate written agreement, create any confidentiality obligation for the Company. Furthermore, except as otherwise provided herein or in a separate subsequent written agreement between the parties, the Company shall be free to use, disclose, reproduce, license or otherwise distribute, and exploit the suggestions provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

For the avoidance of doubt, the Client agrees that the Company shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services (and / or System) any suggestions, enhancement requests, recommendations or other feedback, as well as Your own content (like Your answers to the questions while using the Services, etc.) provided by You, relating to the operation of the Services / System. The Company urges You not to share information that is highly personal or that You wish to keep confidential, and to always evaluate it beforehand.

8.3 The System and the Services are provided “as is” and You use the System and / or Services on Your own risk. It is expressly acknowledged and agreed by You that no representations and warranties of any kind, except those set forth in this Agreement, have been made by the Company to the Client with respect to the System / Services, and that any statements whatsoever made by the Company to the Client outside of this Agreement are not material and have not relied upon by the Client.

8.4 You, as a Client, shall be solely responsible for making sure You are able to use Services and access the System, meaning You shall be responsible for any hardware, software or other technical requirement (for example, mobile data, internet connection) compatibility. If You are not able to access the System and / or use Services due to lack of compatibility with Your technical gear (in a broad sense), You may seek advice by contacting the Company via email by sending an email to hi@awakenmyphoto.com. In any case, the Company shall not be obligated to provide You with solution, advice or instructions in any sense in regard to the compatibility.

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9. Termination of the Agreement

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9.1 The Company may terminate or suspend Your Account / provision of Services as per the rules indicated in this Agreement. Without affecting the rules specified in other clauses of the Agreement, the Company stresses that breach of the Agreement / other applicable Company’s policies may result in suspension and / or deactivation of Your Account, as well as in the termination of this Agreement. In case of a breach, You shall not be entitled to receive any refunds.

9.2 You may terminate this Agreement by canceling Your plan (for ongoing Services). The Agreement will be terminated on the last day the Services were paid for, and you will not be eligible for a refund for the already paid period.

9.3 In case of a material breach of the Agreement, the Company shall be entitled on its own discretion to inform the responsible law enforcement authorities about the violation (including but not limited to the essence of the violation and personal data of the Client) and to impose a lifetime ban on using the Services for the Client in fault. If a lifetime ban is applied, Your credentials (such as name, surname, IP address, email address) may be blocked from using the System / Services.

9.4 If You wish to terminate the Agreement, You can take the following steps:

Clients who ordered the Services on the Company’s Website may cancel the Services by contacting the support team via email at hi@awakenmyphoto.com to ask for assistance in cancelling Services.

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10. Governing Law and sanctions

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10.1 These Terms shall be governed by and construed in accordance with the laws of Lithuania, without regard to its conflict of law principles, except to the extent that mandatory consumer protection laws of your country of residence provide you with more favorable rights. Your use of the System may also be subject to other local state, national or international laws.

10.2 If You have any concern or dispute about the Services / System, You agree to first try to resolve the dispute informally by contacting the Company by sending an email to hi@awakenmyphoto.com.

10.3 If you are not satisfied with the outcome of the informal dispute resolution process, you may contact us at hi@awakenmyphoto.com to attempt to resolve the matter amicably. Consumers residing in the European Union may also submit complaints through the European Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr or contact their local consumer protection authority. Consumers residing in the United States may contact their local consumer protection agency.

10.4 To the maximum extent permitted by law, each of the parties submits to the exclusive jurisdiction of the courts of Lithuania to settle any further disputes which may arise out of or in connection with this Agreement and that accordingly the relevant proceedings must be brought in such courts. To the maximum extent permitted by law, the parties irrevocably submit to the personal jurisdiction and venue of the courts of Lithuania and waive any defenses of improper venue.

10.5 To the maximum extent permitted by law, You may assert a claim or counterclaim only in Your individual capacity and not as a plaintiff or class member in any class proceeding. More than one parties‘ claims shall be combined or consolidated only with the written consent of all affected parties.

10.6 The Company expressly prohibits and rejects the use of its Services for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations, consistent with various jurisdictions’ laws, regulations and norms.

10.7 The System and the Services are of such nature that can be globally distributed and used – this is because of the global nature of the IT sector. Thus, the use of the System and Services may be included in sanction lists.

By using the System / Services, You warrant not being on any international or government prohibited, denied, or unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (the “Sanctions List”).
If You become placed on any Sanctions List, You shall immediately discontinue Your use of the Services / System. Failure to do so can result in Your Account being suspended or terminated.

10.8 The Company shall have a right not to allow its Services to be accessible in certain jurisdictions / territories. The Company shall have a right to block such jurisdictions / territories making its System / Services not available from such locations.

10.9 Persons located in the prohibited jurisdictions, or the residents of prohibited jurisdictions are not permitted to use Services. For the avoidance of doubt, the foregoing restrictions on Services in relation to prohibited jurisdictions applies equally to residents and citizens of other nations while located in prohibited jurisdictions. Any attempt to circumvent the restrictions on usage by any persons located (or as a resident) in a prohibited jurisdiction is a breach of the Agreement.

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11. Miscellaneous

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11.1 The Company and the Client consent to the English language in relation to the communication. Any other language may be used for the sake of simplicity. Any notice or communication must be in English language respectively. The English language version of this Agreement is the prevailing version to any other possible version.

11.2 Any updates of this Agreement come in force at the moment it is published in the System as indicated in Clause 1. By using Services You agree to be bound by any updated version of the Agreement.

11.3 The Client cannot transfer any rights granted by this Agreement to a third party without prior written consent from the Company. The Company may, at its sole discretion, assign its rights and obligations under this Agreement in whole or in part to any third party.

11.4 You can contact the Company by sending an email to hi@awakenmyphoto.com. For matters regarding this Agreement, we recommend contacting the Company via email, which shall be considered to be the primary means of communication.

11.5 The Company shall reply to Your inquiries within 30 days (with the possibility of two 30-day extensions).

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12. Acceptable Use and Content Policy

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12.1 Content Ownership and Rights. By uploading any content (including but not limited to images, photographs, or other media) to the System, You represent and warrant that:

(a) You are the sole owner of all rights, title, and interest in and to such content, or You have obtained all necessary permissions, licenses, consents, and releases from any third party whose likeness, image, or intellectual property appears in such content;

(b) You have the legal right to upload, use, and authorize the Company to process such content through its Services;

(c) The use of such content does not and will not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or any other legal rights;

(d) If any identifiable person other than Yourself appears in the content, You have obtained their explicit written consent for the use of their likeness in connection with the Services, including the creation of AI-generated video content.

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12.2 Prohibited Content. You are strictly prohibited from uploading, submitting, or otherwise providing any content that:

(a) Contains nudity, sexually explicit material, or any content of a sexual nature, regardless of whether such content depicts real persons or is AI-generated;

(b) Depicts, contains, or relates to minors (individuals under the age of 18) in any context that could be considered inappropriate, exploitative, sexualized, or harmful, including but not limited to Child Sexual Abuse Material. This prohibition is absolute and applies regardless of intent, context, or claimed artistic merit;

(c) Constitutes non-consensual intimate imagery or deepfake pornographic content depicting real individuals without their consent;

(d) Depicts real individuals (including public figures and celebrities) without their authorization, for purposes of creating misleading, defamatory, or fraudulent content, or in any manner that could constitute identity theft, impersonation, or fraud;

(e) Contains violent, graphic, or gory imagery, or content that promotes, glorifies, or incites violence, terrorism, or physical harm against any individual or group;

(f) Promotes hate speech, discrimination, harassment, or abuse based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic;

(g) Facilitates or promotes illegal activities, including but not limited to drug trafficking, human trafficking, fraud, or any other criminal conduct;

(h) Violates any applicable law, regulation, or third-party rights in any jurisdiction.

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12.3 Strict Prohibition on Content Involving Minors. The Company maintains a zero-tolerance policy regarding any content that sexualizes, exploits, endangers, or is otherwise inappropriate involving minors. This includes, without limitation:

(a) Any sexually explicit or suggestive content depicting minors;

(b) Any content that could be used to groom, exploit, or harm minors;

Violation of this policy will result in immediate and permanent termination of Your Account, forfeiture of any fees paid, and reporting to relevant law enforcement authorities, including but not limited to the National Center for Missing & Exploited Children (NCMEC) and equivalent agencies in applicable jurisdictions.

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12.4 Content Moderation and Monitoring. The Company reserves the right, but is not obligated, to:

(a) Review, screen, and monitor any content uploaded to the System using automated tools, manual review, or both;

(b) Refuse to process, remove, or disable access to any content that violates this Agreement or that the Company, in its sole discretion, deems objectionable or harmful;

(c) Report any suspected illegal activity, including CSAM and other criminal content, to appropriate law enforcement authorities and cooperate fully with any resulting investigations.

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12.5 Indemnification for Content Violations. You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorne's fees) arising out of or related to: (a) any content You upload, submit, or otherwise provide through the Services; (b) Your violation of this Acceptable Use and Content Policy; (c) Your violation of any third party's rights, including intellectual property rights, privacy rights, or publicity rights; or (d) any claim that Your content caused damage to a third party.

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