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Terms of Service

 

These are the Terms of Service ("Terms") for Homture, which govern your access to and use of Homture's websites, mobile applications, and all other digital and online services offered by Homture (collectively referred to as the "Services"). Please be aware that your ability to access and use the Services is conditional upon your acceptance of and adherence to these Terms. By accessing or using the Services, you agree to be bound by these Terms.
IT IS IMPORTANT THAT YOU READ THESE TERMS OF SERVICE THOROUGHLY, AS THEY CONTAIN CRUCIAL DETAILS ABOUT YOUR LEGAL RIGHTS, OBLIGATIONS, AND THE REMEDIES AVAILABLE TO YOU IN CONNECTION WITH YOUR USE OF THE SERVICES. THESE DETAILS INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, WHICH ARE OUTLINED BELOW.

  1. Your Acceptance of the Terms

Please note that these Terms form a legally binding contract between you and Homture, detailing your legal rights, duties, and available remedies stemming from your use of the Services. You acknowledge that you are accountable for your use of the Services and any outcomes that result from it. The Services may only be used in accordance with these Terms and all relevant local, state, national, and international laws, rules, and regulations. If you do not agree to these Terms, you are prohibited from using the Services.
You are eligible to use the Services only if you have the legal capacity to enter into a binding contract with Homture and are not prohibited by the laws of the United States or other applicable jurisdictions from receiving such services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you declare and guarantee that you have the authority to do so and that you are agreeing to this Agreement on behalf of the entity you represent. If you live in a jurisdiction that imposes age restrictions on using the Services or entering into agreements like this, you must adhere to those age limits and must not use the Services.
By accessing or using the Services, you (the “User”) represent and warrant that you have the right, authority, and capacity to enter into this Agreement, you will abide by these Terms, and that you have read, understand, and agree to be bound by these Terms, and by the terms of Homture’s Privacy Notice at [Privacy Policy]. These Terms apply to you if you access or use the Services, whether or not you have registered for an account with Homture or are using the Homture mobile application. By using the Services you agree you accept the terms and conditions of the Terms and Privacy Notice, including any dispute resolution, arbitration, limitation of damages, and choice of law provisions. The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Homture may permanently or temporarily stop providing the Services, or features of the Services, and may not provide you with prior notice.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE YOU ARE BOUND BY THESE TERMS OF SERVICE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS INCLUDED WITHIN THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.

  1. Privacy

Homture knows you care about your privacy. Any information you or other users provide to Homture or which we collect about you or others is subject to our Privacy Notice. To learn more about how Homture collects, uses, shares, and secures your information, please review Homture’s Privacy Notice at [Privacy Policy], which is incorporated into your agreement with Homture by this reference.

  1. Eligibility To Use The Services

This service is designed solely for legal use by adults and is not intended for children under the age of 16. Individuals under 16 are prohibited from using the service in any way, and any registration by someone under 16 is invalid. By accessing or using the service and thus agreeing to these terms, you affirm and guarantee to us the following: (1) you are at least 16 years old; (2) you have not been previously suspended or banned from using the service; and (3) your use of the service complies with all applicable laws and regulations.

  1. Your Representations & Warranties to Homture

By using the Services, you represent, warrant, and covenant:
  • You must only use the Services for lawful purposes, and you will not use the Services for sending, storing, or distributing any unlawful material or for fraudulent purposes;
  • You must not use the Services in a way that disturbs, irritates, or inconveniences others.
  • You must not disrupt the proper functioning of the Services or any network used to support or access them.
  • You must not attempt to damage the Services in any manner.
  • You must not copy or distribute the Services or other content unless you own the content, hold all necessary rights to it, or have received written permission from Homture.
  • You must use the Services solely for your own purposes and must not resell any part of the Services to a third party.
  • You must keep your account password and any identification we provide (which enables access to the Services) secure and confidential.
  • You must provide any reasonable proof of identity we may request when required to comply with legal obligations.
  • When using the AI Video Feature, you further represent and warrant that:
    • You will not use the AI Video Feature to generate content that violates any applicable laws or regulations;
    • You have obtained all necessary consents from individuals depicted or referenced in your Inputs or AI-Generated Outputs (including, for minors, consent from their parents or legal guardians);
    • You will not use AI-Generated Outputs in a manner that violates the rights of any third party.

  1. Accounts & Registration

Signing up for a Homture Account: To utilize or gain access to particular Services or their features, you might be required to register for a user account (referred to as a “Homture Account”) and become a registered user of the Services (a “Registered User”). By becoming a Registered User, you consent to: (1) furnish accurate, up-to-date, and comprehensive information about yourself and/or the Registered User during the registration procedure; (2) uphold and promptly revise this information to ensure it remains accurate, current, and complete; (3) keep your password and login details secure, and refrain from disclosing them to any third party; (4) take full accountability for all usage of any Homture Account you register, as well as any actions that occur or stem from the use of your Homture Account, regardless of whether you authorized those actions or usage; and (5) inform Homture immediately if there is any unauthorized use of your Homture Account. Not adhering to this Agreement is a violation of these Terms and could lead to the immediate termination of your Homture Account.
YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You will immediately notify us of any unauthorized use of your Homture Account.
Your Homture Account Information: You may not select or use an Homture Account name, handle, or login that: (1) is comprised of or includes the name of another person with the intent to impersonate that person; (2) is subject to any rights of a person other than you without appropriate authorization;(3) suggests a false association between you and Homture; or (4) that, in Homture’s sole discretion, is offensive, vulgar, or obscene. Homture reserves the right to refuse registration of an Homture Account, or cancel any account name, in its sole discretion.
Homture’s Access to the Services: Homture maintains the right to suspend or disable your access to the Services and any Homture Account you may have created, or terminate these Terms, at its sole discretion and without prior notice to you if you breach the Terms, or if Homture otherwise determines such action is warranted. Homture reserves the right to revoke your access to and use of the Services at any time, with or without cause, whether or not you have established an Homture Account or are a Registered User.
Deleting your Homture Account: You can cancel your Homture Account and end your access to the Services at any time by reaching out to Homture via the phone number or email address provided below and requesting the deletion of your account and any associated photos. When you do this, your photos will be removed from our servers and any frames you’ve contributed them to. It’s important to note that simply uninstalling the Homture mobile app from your phone or tablet won’t delete your photos from the Services or cancel your account. Once you ask for your account to be deleted, we will stop storing or using your content and information. However, please be aware that some of your information and content may remain temporarily in caches, backup files, archives, and our internal usage records.

  1. User Conduct

As a condition of your use of the Services, you agree not to use the Services: (1) for any illegal purpose; (2) for any purpose that is prohibited by these Terms; or (3) for any other purpose not reasonably intended by Homture as typical or expected use of the Services consistent with the purposes for which the Services were created. You specifically agree you will not do any of the following:
  • Use the Services for or in connection with any illegal purpose, including any violation of any applicable local, state, national, or international law, or rule or regulation having the force of law;
  • Abuse, harass, threaten, impersonate, or intimidate others;
  • Post, upload, or otherwise distribute or post links to any content that is unlawful, defamatory, libelous, inaccurate, or that you do not have all necessary rights to transmit, or that Homture or a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by Homture in its sole discretion;
  • Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain any password or other confidential information, or private information from any User;
  • Use the Services to create or submit unwanted email (“Spam”) to be sent to any other person or any URL;
  • Submit content linking or otherwise directing others to affiliate programs, multi-level marketing schemes, or off-topic content;
  • With the exception of accessing RSS feeds, to use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission;
  • Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  • Interfere or attempt to interfere with the proper working of the Services or any activities conducted on or through the Services;
  • Bypass any measures we may use to prevent or restrict access to the Services or any part of the Services;
  • Interfere with the operation of the Services or any User’s enjoyment of the Services, including without limitation, by: (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious software or code; (ii) making unsolicited offers, advertisements, or other solicitations, directing spam or other unsolicited communications to other Users, or conducting your own contests or promotions using the Services; (iii) attempting to collect personal data about Users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Services, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
  • Share, sell, or otherwise transfer the access granted to you to the Services, including information regarding your Services login information, or password, or otherwise permit any other person to access the Services using your information, login, or password (excluding invitations to join the Services that you send to others);
  • Use the Services, related content, or any component thereof, for any commercial purposes unintended by Homture, including advertising, offering for sale, or selling any item using the Services;
  • Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party Intellectual Property or other legal rights;
  • Reproduce, distribute, publicly display or perform, modify, make derivative works of, redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Services, Content, code or program, available to others, in whole or part, without ownership of or all appropriate rights in such Content;
  • Interfere with security features of the Services, including without limitation, by: (i) disabling or circumventing features that prevent or limit use or copying of content, or which violate copyrighted or otherwise legally protected software; or (ii) reverse engineering or otherwise attempting to extract the source code of the Services or any part thereof, except to the extent that such activity is expressly permitted by applicable law;
  • Perform any fraudulent activity using or in connection with the Services, including impersonating any person or entity, claiming false affiliations, accessing the accounts or passwords of others without permission, or falsifying your age, date of birth, or contact information; or
  • Attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging in any of the activities described in this Section.
In addition to the restrictions listed above, when using the AI Video Feature, you agree not to:
  • Provide Inputs that contain illegal, defamatory, obscene, or infringing content;
  • Generate AI-Generated Outputs that depict non-consensual explicit content, violence, discrimination, or harm to individuals or groups;
  • Use AI-Generated Outputs to impersonate any person without their explicit consent;
  • Circumvent technical measures to extract or reverse-engineer the AI Video Feature’s algorithms, source code, or models;
  • Use the AI Video Feature for commercial purposes (e.g., selling AI-Generated Outputs) without Homture’s prior written consent.

  1. Content & Licenses

Content Definitions

The Services involve various types of content to function and operate. For the rest of these Terms, we’ll use the term “Content” to refer to all images, photos, videos, text, links, graphics, music, software, audio, information, copyrights, trademarks, trade dress, and other materials or intellectual property that make up or are included in the Services.
“Homture Content” refers to Content made available to you through the Services by Homture, including Content owned by Homture or licensed to Homture from third parties (but excluding User Content).
“User Content” means any Content that a user—whether registered or not, and whether they own or created the Content—posts, uploads, publishes, submits, transmits, or otherwise makes available through the Services. This includes all copyrights, inventions, and other intellectual property rights associated with it. Homture uploads User Content from users’ devices to its servers but does not own this User Content.
“Collective Content” is the combined term for all Content available through the Services.
The User Content you choose to upload to the Homture Services, including your photos may include personal data of others. BEFORE YOU UPLOAD AND/OR SHARE PERSONAL DATA OF OTHERS THROUGH OUR SERVICES, YOU MUST OBTAIN PRIOR WRITTEN CONSENT OF SUCH PERSONS TO DO SO.

Content Ownership

All Homture Content is owned by Homture or its third-party licensing partners. Your use of the Services does not grant you any rights to the use or control of any of Homture Content, except those rights expressly granted by this Agreement. Any copying, republication, redistribution, or creation of derivative works based upon the Homture Content, including by caching, framing or any similar means, without the prior written consent of Homture is strictly prohibited.
The Services and the Homture Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Homture and its licensors exclusively own all right, title and interest in and to the Services and the Homture Content, including all associated Intellectual Property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or the Homture Content. Homture or its partners shall retain all worldwide rights in and to all Intellectual Property comprising or included within the Homture Content, including, but not limited to all trademarks, graphics, logos, designs, page headers, button icons, scripts, service names, software code, the “look and feel” of the Services, and copyrighted works associated with the Services is common law and/or registered copyrights, trademarks, and/or trade dress of Homture.
You should presume that all content you encounter on the Services—with the exception of your own photographs and those of your friends—is protected by copyright or other legal rights. Such content is either owned by Homture or by third parties who have licensed it to Homture. Unless explicitly stated otherwise, you may not copy, reproduce, modify, distribute, transmit, republish, display, or perform for commercial purposes any content you see or read on the Services, other Homture Content, or any source code or HTML code used by Homture to operate the Services. This restriction applies unless you have received prior written consent from Homture or the rightful content owner, or unless permitted by these Terms or applicable law.
No part of the Collective Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any method, in whole or in part, without Homture’s prior written approval—except for your own User Content that you have legally posted on the Services. With the sole exception of your own User Content, you are prohibited from uploading or republishing Collective Content on any public or private network site (including the Internet, intranets, or extranets) or incorporating such information into any other database or compilation. Any other use of Collective Content is strictly forbidden.
Homture is not the publisher or speaker of User Content or any information on the Services provided by third-party content providers, and Homture is not liable for any claims related to such information. Any mention in the Services of products or websites provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Homture. Homture assumes no responsibility for those products or services.

AI-Generated Content

The Homture Services include an "AI Magic" module that provides AI video generation capabilities (the "AI Video Feature"). This feature allows Users to input text, images, or other materials ("Inputs") and generate videos, renderings, or other content ("AI-Generated Outputs") using generative artificial intelligence technology.
  • Nature of AI-Generated Outputs: You acknowledge and agree that AI-Generated Outputs are created by automated systems and may include inaccuracies, biases, misleading information, or "deep fakes" (realistic but artificial content). AI-Generated Outputs may not reflect real people, events, or facts, and Homture does not guarantee their accuracy, reliability, or legality.
  • Your Responsibility for AI-Generated Outputs: You are solely responsible for evaluating and verifying the accuracy, appropriateness, and legality of AI-Generated Outputs before using, sharing, or relying on them. You must not use AI-Generated Outputs for purposes that could have a legal or material impact on any person, including (but not limited to) making decisions related to credit, employment, housing, insurance, or medical care.
  • Prohibition on Misrepresentation: You must not misrepresent the source of AI-Generated Outputs. If you publish or share AI-Generated Outputs, you must clearly disclose that they were created using Homture’s AI Video Feature.

Inputs and AI-Generated Outputs: Intellectual Property

  • Inputs: You warrant that you own or have obtained all necessary rights (including intellectual property rights) to the Inputs you provide to the AI Video Feature. You further warrant that your Inputs do not infringe any third-party rights (e.g., copyright, privacy, or publicity rights).
  • AI-Generated Outputs: To the extent permitted by applicable law, you retain ownership of any intellectual property rights in AI-Generated Outputs that arise from your Inputs. However, you grant Homture a non-exclusive, royalty-free, worldwide license to use, host, store, modify, reproduce, distribute, and create derivative works of AI-Generated Outputs for the following purposes:
    • Operating and improving the AI Video Feature and other Services;
    • Promoting Homture’s Services (e.g., in marketing materials or demos);
    • Research and development of new features or technologies.
  • Restrictions on Use of AI-Generated Outputs: You must not use AI-Generated Outputs to train, improve, or develop any third-party artificial intelligence or machine learning models, systems, or technologies, whether directly or indirectly.
 

Homture’s License to You

Subject to your compliance with these Terms, Homture grants you, to the extent, it is able to do so, a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download, print, and otherwise use the Services and the Collective Content as intended.
You agree you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise except for the licenses and rights expressly granted in these Terms. Any use of the Services or the Collective Content other than as specifically authorized herein, without the prior written permission of Homture, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to Intellectual Property rights, whether by estoppel, implication or otherwise. This license is revocable by Homture at any time without notice and with or without cause.
Homture grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Homture mobile application (the “Application”) and to run such copy of the Application solely for your own personal purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application on an Apple-branded product that runs Apple iOS; and as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

Your License to Homture

The Homture Services allow Users to upload User Content to the services, primarily photographs. By uploading User Content to the Services you grant Homture a license to use the User Content to provide the Services and display your photographs via the Services. This license is an irrevocable, worldwide, perpetual, non-exclusive, and royalty-free license, to utilize the User Content, in whole or in part, solely for the purpose of providing the Services. These same rights are also granted to Homture’s subsidiaries, affiliates, successors, and assigns. Your grant of this license to Homture does not change your ownership of rights to that User Content, which you continue to own. Homture does not claim ownership rights in your User Content.
You agree that you are solely responsible for all User Content that you make available through the Services, including that you own or have the necessary rights to upload that User Content. By uploading User Content to the Services you represent and warrant that:
  • you either are the sole and exclusive owner of all User Content that you make available through the Services, or that you have all rights, licenses, consents, and releases necessary to utilize and share the User Content, and to grant Homture the rights in such User Content contemplated under these Terms;
  • neither the User Content, your posting, uploading, publication, submission, or transmittal of the User Content, or Homture’s use of the User Content (or any portion thereof) on, through, or by means of the Services will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other Intellectual Property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of any applicable law or regulation; and
  • any persons identified, depicted, or shown in your User Content, in whole or part, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the User Content on and through the Services and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do not have this release, do not submit the User Content to Homture.
We do not approve, control or endorse your or anyone else’s User Content and have no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify any User Content from the Services at any time, for any reason.

  1. Copyright Policy

Homture respects the Intellectual Property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other Intellectual Property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable Intellectual Property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for Users of the Services who are infringers. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Homture will also terminate a User’s account if the User is determined to be a repeat infringer.
We do not approve, control or endorse your or anyone else’s User Content and have no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify any User Content from the Services at any time, for any reason.

Notifying Homture of Copyright Infringement

To provide Homture with notice of an infringement, you must provide a written communication to the attention of “Homture: DMCA Notification Department” at that sets forth the information specified by the DMCA (which may be available at: http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
We must receive the following information from you:
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other Intellectual Property interest;
  • A description of the copyrighted work or other Intellectual Property that you claim has been infringed;
  • A detailed description of where the material that you claim is infringing is located or found on the Services;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or Intellectual Property owner or authorized to act on the copyright or Intellectual Property owner's behalf.

Providing Homture with Counter-Notification

If we remove or disable access to content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “Homture: DMCA Counter Notification Department” at support@homture.com that sets forth all of the necessary information required by the DMCA (which may be available at: http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

  1. Third-Party Advertising & Marketing

Homture may work with third-party advertisers and marketers to send you ads, information, and other promotional materials outside of the Services—for example, on external websites or platforms. By agreeing to these Terms, you consent to receiving such advertising and marketing communications from Homture.
Additionally, Homture may gather and share data about you and your use of the Services, provided the information is anonymized (i.e., not linked to your identity). This data may be included in customer profiles, reports, or similar analyses.

  1. Intellectual Property

Homture and its licensors and partners own all rights, titles, and interests in and to the Services, and all related Intellectual Property rights, including all registered and unregistered trademarks, trade dress, graphics, logos, designs, page headers, button icons, scripts, service names, software code, inventions, copyrights, and copyrightable works, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services (collectively, the “Homture IP”). The Homture IP may not be used in connection with any product or service in any manner that is likely to cause confusion or otherwise violate the rights granted to us in the Homture IP, including use of any the Homture IP as part of third-party trademarks, trade dress, and/or as part of domain names, email addresses, account names or handles, or other digital properties.
This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any Intellectual Property rights owned by Homture. The Homture name, the Homture logos, and designs, and the product and service names associated with the Services are trademarks of Homture or its affiliated third parties, and no right or license is granted to you by this Agreement to use the Homture IP for purposes not directly related to your use of the Services.

  1. Linking & Framing

The Services may contain links to third-party websites or resources. You acknowledge and agree that Homture shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

  1. Email Notifications

During your use of the Services, you may be given the option to receive specific email notifications from Homture and its partners. These emails could include event updates and other promotional content. If you choose to receive such messages, this counts as your explicit written consent to get emails from Homture related to the Services.
You can stop receiving certain notifications tied to the Services by following the opt-out instructions included in each email. Keep in mind that if you opt out, we might not be able to send you important information. Note that even if you opt out of other messages, we may still contact you with critical announcements or updates about the Services.

  1. Notices

You consent to receive from Homture all communications, including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, “Notices”) electronically. Homture may provide such Notices by posting them on or within the Services, by electronic mail to your email address on record in Homture’s account information, or by written communication sent by first class mail or pre-paid post to your address on record. You agree that we may communicate with you regarding Homture and other entities by electronic means to your mobile device and that certain information about your usage of the Services may be communicated to us. In the event you change or deactivate your mobile device, you agree to promptly update your information to ensure that your messages are not sent to the person that acquires your old device.

  1. Termination

Homture may change, suspend or discontinue the Services for any reason, at any time, including the availability of any Services, features, or Content, without notice to you. Homture may also impose limits on certain services, features, or Content, or restrict your access to parts or all of the Services with or without notice to you.
Homture may also terminate or suspend your use of or access to the Services at any time, immediately, without notice, and without refund, for any violation of these Terms, in our sole and absolute discretion. Upon such termination or suspension, you must immediately cease accessing or using the Services, and agree not to access, re-download, re-register or otherwise make use of, or attempt to use, the Services.
Homture may also remove or disable access to any Collective Content and suspend or ban your access to the Services or any Homture account at any time for any violation of these Terms, including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content. To report violations of the Terms, please contact Homture using the information below. You are solely responsible for your interactions with other Users of the Services. Homture reserves the right but has no obligation, to monitor disputes between you and other Users.
You acknowledge that we reserve the right to take action, technical, legal, or otherwise, to block, nullify, or deny your ability to access the Services. You understand that we may exercise this right in our sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies otherwise available to Homture. Continued use of the Services, its components, databases, or documentation, or any part thereof, after termination is a breach of the terms of this Agreement and a violation of copyright laws. You acknowledge that we may disable access to, refuse to post, or modify or remove any information or content, in whole or in part, for any reason or no reason at all. All provisions of this Agreement, which by their nature should survive termination, shall survive the termination of this Agreement, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

  1. Export Control

You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Services, nor any technical data related thereto, nor any direct product thereof, is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Services, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

  1. International Use

The Services are controlled and operated by Homture from within the United States. Homture makes no representations that materials contained within the Services are appropriate or available for use in other locations, and access to the Services from locations where such activity is illegal is prohibited. Those who choose to use the Services from other locations do so of their own initiative and are solely responsible for compliance with all applicable laws.

  1. Indemnity

You shall indemnify and hold harmless Homture its subsidiaries, affiliates, successors or assigns and their respective directors, officers, shareholders, and employees against any and all loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers arising (directly or indirectly) out of or related to the Services, use of the Services, the User Content, violation or breach of the Terms, or the infringement by you of any Intellectual Property, or violation of any right of any person or entity by you or any third party using your information, login, or password.

  1. Warranty Disclaimers

You acknowledge that Homture has no control over, and no duty to take any action regarding: (1) which Users gain access to the Services; (2) what effects the Content or the Services may have on you; (3) how you may interpret or use the Content or the Services; or (4) what actions you may take as a result of having been exposed to the Content or the Services.
You release Homture from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Homture makes no representations concerning any content contained in or accessed through the Services, and Homture will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Homture makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. Homture cannot guarantee that you will obtain the results you seek or warrant that Services will be error-free. Homture makes no representation or warranty of any kind with respect to the use of Services or the use or accuracy of the information on the Services.
Homture makes no representations or warranties regarding AI-Generated Outputs, including but not limited to:
  • The accuracy, completeness, or realism of AI-Generated Outputs;
  • The fitness of AI-Generated Outputs for any specific purpose;
  • The absence of biases, errors, or harmful content in AI-Generated Outputs.
The AI Video Feature is provided "as is," and your use of AI-Generated Outputs is at your sole risk. Homture shall not be liable for any damages arising from your reliance on or use of AI-Generated Outputs, including (but not limited to) damages from misinformation, defamation, or infringement claims.
USER ACCESSES THE SERVICES AT HIS OR HER OWN RISK. THE SERVICES IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COMPLETENESS OF ANY SERVICES PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY Homture ARE HEREBY DISCLAIMED. NEITHER Homture NOR ANY PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE AND NO WARRANTY IS MADE AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF Homture, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. IN NO EVENT WILL Homture OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS, OR ILLEGAL CONDUCT OF USERS OF THE SERVICES.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, NEITHER Homture NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF OR DAMAGE TO DATA OR INFORMATION OF ANY KIND, DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER, PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHER LEGAL THEORY) ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH USE OF THE SERVICES OR CONTENT, OR FOR ANY DIRECT DAMAGES IN EXCESS OF $100 (IN THE AGGREGATE), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH Homture IS TO DISCONTINUE YOUR USE OF THE SERVICES OR ANY SERVICE OFFERED BY Homture.
The “Disclaimer” and “Limitation of Liability” provisions of this Agreement are for the benefit of Homture as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

  1. General Terms

Entire Agreement

The Terms, including the incorporated Homture Privacy Notice, constitutes the entire agreement between Users of the Services and Homture regarding Users’ use of and access to the Services. Your use of the Services is intended for your enjoyment and benefit and the provision of the Services to you constitutes the sole and sufficient consideration that you are entitled to receive for any content or other contributions you have made to the Services.

Waiver & Severability

The failure of Homture to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Controlling Law & Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any enactment of the Uniform Computer Information Transactions Act shall apply to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys' fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.

Transfer & Assignment

This Agreement and the rights and obligations hereunder may not be assigned, in whole or in part, by you without the written consent of Homture. Homture may assign this Agreement upon ten (10) days prior written notice to you provided via email (if available) and by posting notice to the Services. This Agreement shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.

Commercial Terms

  • AI Magic Subscription Plans: The AI Magic module’s premium features (e.g., high-resolution video generation, advanced styles) are available through in-app subscriptions. Subscription options may include:
    • Monthly plan: [Price] billed monthly;
    • Annual plan: [Price] billed annually (includes [X%] discount). Subscriptions auto-renew unless canceled at least 24 hours before the end of the current billing period.
  • Credits Purchase: You may purchase Credits to access AI Magic features. Credits are available in bundles: [List of bundles with prices, e.g., "500 Credits for $4.99"]. Credits are non-refundable once purchased.
  • Auto-Renewal: Subscriptions will automatically renew at the end of each billing period. We will send a reminder notification to your registered email/APP inbox 3 days before renewal. You can cancel auto-renewal in "Account Settings > Subscriptions." Refunds for unused subscription periods are processed only if canceled within 48 hours of renewal, subject to applicable laws.
  • Credits Expiry: Credits are valid for 12 months from the date of purchase. Expired Credits will be deducted from your balance automatically. We will notify you via in-app message 30 days before Credits expire.
  • Cancellation of Subscriptions: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period, and you will retain access to premium features until then. No partial refunds are provided for unused periods unless required by law.
  • Credits Acquisition: Credits can be purchased via in-app payments or earned through promotional activities (e.g., referrals, feature testing). Purchased Credits are credited to your account immediately; promotional Credits may have specific eligibility criteria.
  • Credits Usage: Credits can be used to unlock AI Magic features (e.g., generating videos) or redeem digital goods (e.g., exclusive templates). Credits cannot be exchanged for cash, transferred to other accounts, or resold.
  • Credits Redemption Limits: Each user may redeem up to 999 items per day using Credits. Some high-value items may have additional restrictions (e.g., limited stock), which will be clearly indicated in the redemption section.
  • Pricing and Feature Changes: We reserve the right to adjust subscription prices, Credits bundles, or premium features. Such changes will be announced via in-app notice 7 days in advance. Your continued use of paid services after the notice period constitutes acceptance of the changes.
  • Credits Accuracy: We strive to maintain accurate Credits balances, but errors may occur due to system issues. If you notice discrepancies, contact us at support@homture.com, and we will investigate and correct them within 5 business days.
  • Third-Party Redemption Risks: Credits redeemed for third-party goods/services are subject to the partner’s terms. We are not liable for delays, defects, or disputes related to third-party products, but will assist in resolving issues where possible.
  • Unauthorized Access: You are responsible for securing your account to prevent unauthorized Credits usage or subscription changes. We are not liable for losses caused by account compromise due to your failure to maintain security (e.g., sharing passwords).

No Independent Contractor or Joint Venture

The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

  1. Changes To Our Terms

Homture may modify these Terms of Service from time to time. The most current version of these Terms will govern your use of the Services and will be located at support@homture.com. We will notify you of material changes to these Terms by posting a notice at the Services. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms of Service.
Homture may modify the terms governing the AI Video Feature (e.g., usage limits, licensing terms) from time to time. We will notify you of material changes via in-app messages, email, or postings on the Services. Your continued use of the AI Video Feature after such changes constitutes acceptance of the revised terms.

  1. Contact Homture

  • HILLSDALE TECHNOLOGY LLC
Email: support@homture.com