Welcome to Penly(the “APP”). This APP is operated by Japami (we, our or us). You are reading the Terms of Service (the “TOS”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the APP and our related services. For purposes of the TOS, “you” and “your” means you as the user of the APP.
Penly is an online picture-generate application that uses artificial intelligence algorithms to generate a unique content (“Services”). Parts of the Services offered by the APP may require you to create a user account.
To begin with, you need typing a text which related to describe the picture in your imagination. And you can select or upload some feature about your picture (face, quantity, etc.), and after that, our artificial intelligence algorithms will generate a picture according to your setting.
1.1 Parts of the Services offered by the APP may require you to create a user account and/or user email and/or user ID and/or password (the “Protected Areas”). In the event of accessing to Protected Areas, you agree to access only using your registered user account and/or ID and password.
You hereby represent and warrant that all information you submit to create of a user account is true and correct, you gave full rights to submit such information.
You agree to, from time to time as necessary, update any information associated with your user account or user ID (including but not limited to, your email, payment information (subscriptions and email address, or other supplemental information as the case maybe) so that it remains current, accurate and correct at all times. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activities occurring under your user account and/or user ID. Your user account and user ID are non-transferrable. You cannot sell, lend, or otherwise share it with any other person.
Any violation of these Terms of Service, including but without limitation, failure to maintain updated and correct information about your user account may cause your user account to fall out of good standing and we may cancel your user account in our sole discretion.
We retain the right, at our sole discretion to provide some Services, which will be available only for paid subscribers. The subscription will begin after the initial payment and the payment should be performed pursuant to the fee terms as presented in the Site at the time of the purchase. You are responsible for payment of all fees, charges and taxes (if required by law) related to the transaction.
If you've done all of this and you still have not received your refund yet, please contact us via the [email protected]
Please note that if you download the APP or subscribe the Services from a distribution platform which is not indicated or recognized by us, we are not responsible for any costs or liability arising from your action.
The intellectual property in the APP and embedded materials (including without limitation technology, systems, files, documents, text, photographs, information, images, videos, audios, and software, individually or in combination) in Penly are owned by or licensed to us. You may download Penly , to view, use, and display the application on your mobile device for your personal use only.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service, and may be terminated by us at any time.
You retain your intellectual property ownership rights over contents you submit to us. We will never claim ownership of your content, but we do require a license from you in order to use it.
The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.
5.1 In accessing and using the APP, you agree to abide by the following rules, restrictions and limitations:
5.2 You shall not upload, share or otherwise transmit to or via the Services any content (including photo,text, video, etc.) that:
We reserves the right, but is not obligated, to reject and/or remove any user content that we believe, in our sole discretion, violates these provisions. If you have noticed any violation of these Terms from your prospective, content of any nature whatsoever, please contact us at: [email protected] or directly report in the APP.
5.3 Unless otherwise agreed, any pictures, texts and other contents published/shared by others that you watch, share, save, use and forward in this APP shall not be used for commercial purposes, and shall not be forwarded if the right holder declares that it shall not be forwarded.
If you believe in good faith that materials transmitted or created through the APP infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. Please provide the following information in writing:
We will 1) take proper preliminary actions against said alleged infringement within 1-3 days after receipt of said information, including without limitation link blockage; 2) notify the alleged infringer and demand him or her to explain and provide counter evidence.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, you may send us a counter-notice. If you do, we will notify the alleged claimant and hold process for 10-14 days and then re-enable your content unless the copyright owner initiates a legal action against you before then. Our counter-notice form, set forth below, may be referenced to the forms recommended by the DMCA statute, which can be found at the U.S. Copyright Office's official website: http://www.copyright.gov. If counter-notice is not filed within 7 days, we will review and process the notice in accordance with the contents of the notice. Notices and counter-notices should be sent to us via email at: [email protected]
6.2 Other rights
If you believe in good faith that materials in or to the APP infringe your other rights, you (or your agent) may send us a notice requesting that we remove the material or block access to it. Please provide relevant information that could prove basic facts of the infringement in writing when you contact us.
6.3 We have the right to suspend or terminate the use of the APP by anyone engaged in suspected repeated any infringement involved above.
THE APP IS PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND THE USE THEREOF IS AT YOUR SOLE RISK. WE MAKE NO, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NONINFRINGEMENT, AND TITLE WITH RESPECT TO THE APP, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
WE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHER THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, COST OF SUBSTITUTE PROCUREMENT, ARISING IN WHOLE OR IN PART FROM YOUR USE OF (OR INABILITY TO USE) THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ANY CAUSES BEYOND ITS REASONABLE CONTROL.
The APP may include links or allow access to third-party websites and services. Please note, their presence does NOT mean that they are recommended by us and we do not guarantee their safety and conformity with any your expectations. We assume no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and services.
This TOS shall be governed by and construed in accordance with the internal laws of Hong Kong Special Administrative Region (HKSAR) without giving effect to its conflict of law's provisions, regardless of your location.
Any dispute arising out of or in connection with the TOS, including any question regarding existence, validity or termination of the TOS, shall be referred to and finally resolved by the courts of HKSAR.
We reserve the right to update or make changes to this TOS from time to time in our sole discretion, and we may notify you of changes by making the revised version of this TOS accessible through the APP, which changes will become effective immediately. Please return to this TOS periodically to ensure familiarity with the latest version of this TOS, so that you can determine when this TOS was last revised by referring to the “Date of Revision” at the top of this TOS. If you do not agree with the revised TOS, you have the right and should immediately stop using the APP, your continued access or use of the APP after any changes to this TOS have been posted means your agreement and consent to such changes.
We reserve the right to change the Services scope listed herein and change charging standard applicable to the Services at any time for any reason in our sole discretion and without notice. We are entitled to stop or restrict provision of the Services in full or in part toward a certain user. We retain powers to discontinue provision and/or support of the Services without any prior notice.
This TOS will continue in effect until terminated by either you or us as set out below. You may terminate this TOS at any time by ceasing your access and use of the APP. In the case that you are a subscriber to us, the subsequent processing of fees shall be subject to the respective rules of the Apple Store and Google Play (indicated or recognized by us). We may terminate this TOS and your right to access or use the APP, with or without notice to you, for any reason, including suspected breach of this TOS by you.
We reserve and retain the rights to assign, transfer or subcontract the Services to any third parties. Notice will be posted on the APP and your continuing use or update of the APP means your consent to such assignment.
If any provision of this TOS is found to be unlawful, void or for any reason unenforceable, that provision will not affect the validity and enforceability of any remaining provision and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties.
Any caption, heading or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
We administer and operate the APP from its location in Hong Kong. If you choose to access the APP from outside the Hong Kong, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Our platform empowers users with advanced artificial intelligence technology to generate a wide range of content. While we encourage creativity and exploration, it is crucial to ensure that all generated content adheres to legal and ethical standards. To this end, the following uses are strictly prohibited:
If you have any questions regarding the use of the APP or this TOS, please contact us at:[email protected]