Terms and Conditions

These are the terms of service that apply when you use the app named 'CatCamera', operated by BITS OF WOW PTE. LTD. (BitsofWow)

These Terms of Service govern your use of CatCamera, our website located at https://catcamera.app, our mobile app available under "CatCamera" in app stores and any related services provided by BitsofWow

When you use CatCamera, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app, accessing our website, or using any other services provided by BitsofWow

If you access or download CatCamera from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

We, BitsofWow, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you create your optional account. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on 3rd October 2024.

Eligibility

You must be at least 18 years old to use CatCamera. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from CatCamera; and (c) your registration and your use of CatCamera is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

Limitations of Use

By using CatCamera and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:

Violation of the above stated Limitations of Use or any other use deemed non-permitted by BitsofWow will lead to immediate account suspension, surpression of any refund rights, without remedy or prejudice to any other legal rights.

You will hold Bits of Wow Pte. Ltd. harmless from any claims arising from your use of CatCamera.

Intellectual Property

The intellectual property in the materials in CatCamera and on our website are owned by or licensed to BitsofWow. This includes all of our proprietary technology, APIs, promotion materials, individual images (reference images) in packs. You may download CatCamera to view, use, and display the application on your mobile device for your personal use only. Any use of these materials for commercial purposes is fully prohibited unless expressly authorized by BitsofWow in writing.

Subject to your complete and ongoing compliance with these Terms, BitsofWow grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use CatCamera.

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 BitsofWow at any time.

Users retain ownership rights over the images they generate using CatCamera. However, users do not have any ownership rights over the CatCamera app, its underlying models, or any example pictures provided within the app.

Third parties are expressly prohibited from using our app or services (including any API) to sell or re-sell similar services.

Certain features of CatCamera may allow users to upload, publish, or transmit content, including photos, images, folders, data, text, and other works ("User Content"). You retain any copyright and other proprietary rights in the User Content you Post to CatCamera, subject to the licenses granted in these Terms. By Posting User Content, you grant BitsofWow a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, create derivative works, and distribute your User Content, in any media formats and through any media channels. If you Upload User Content, you grant BitsofWow the right to use data and information derived from it to improve CatCamera, including training our algorithms. You agree that BitsofWow may aggregate your data with other users' data. These rights are provided on a through-to-the-audience basis, meaning external services won't have separate liability to you or third parties for User Content Posted via CatCamera. If any photo you upload includes persons, you grant those persons and their representatives an irrevocable, perpetual, royalty-free, worldwide license to use that photograph personally and on online platforms, but not to promote third-party products or services.

Third-Party Services

CatCamera uses third-party services to provide some of its features. Specifically:

Features and Labels Inc (fal.ai). When you use features that involve generating cat images, your requests may be processed by fal.ai. Please note that fal.ai may collect and process data according to their own privacy policy and terms of condition which should be considered accepted by you upon using CatCamera.

Data Collection and Usage

By using CatCamera, you agree that we may collect and use the following data:

We will use this data to provide and improve our services, as well as for marketing purposes. We will not sell your personal data to third parties. For more information on how we handle your data, please refer to our Privacy Policy.

All pictures you generate are private by default. We will not use these without first asking for your written permission.

Automatic Updates

You give us permission to download and install updates to CatCamera on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting CatCamera from your device.

Liability

CatCamera and the materials in CatCamera and on our website are provided on an 'as is' basis. To the extent permitted by law, BitsOfWow makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall BitsofWow or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use CatCamera, our website, or any other services provided by BitsofWow or the materials in CatCamera, even if BitsofWow or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

The CatCamera App uses experimental technology, therefore you expressly agree that the results of generating pictures can vary, including but not limited to, by the quality of the pictures you provide us to train our model. You expressly agree that BitsofWow should not be liable for any damage or consequential loss from the generated pictures not corresponding to your desired outcome.

In the context of this agreement, "consequential loss" includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

The content provided on CatCamera is for informational and entertainment purposes only and we provide no warranties whatsoever over it's accuracy or completeness. Content on CatCamera should not be used to make decisions on life or business and you should not rely on any piece of content or interpret any piece of content as advice given to you by BitsofWow

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing in CatCamera or on our website are not comprehensive and are for general information purposes only. To the extent permitted by law, BitsofWow does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in CatCamera or on our website, or otherwise relating to such materials or on any resources linked to CatCamera and our website. This specifically applies to the generation of cat pictures using CatCamera which BitsofWow cannot gurantee to not malfunction or be accurate.

Links

BitsofWow has not reviewed all of the sites linked to CatCamera or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by BitsOfWow of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Account Creation

Upon using the app we use your device identifier to store information on our application. You may choose to associate an email to that device identifier. You can change the email at any point.

You can choose to delete your account and all of it's information at any point.

Notice regarding Apple

To the extent that you are using or accessing CatCamera on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and Ventureship Inc only, not with Apple Inc. (Apple), and Apple is not responsible for CatCamera and any materials available in CatCamera

Apple has no obligation to furnish you with any maintenance and support services with respect to CatCamera

If CatCamera fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to CatCamera and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to CatCamera or your use of CatCamera, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using CatCamera, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service and, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.

You hereby 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.

Paid Services

You may, at your own discretion, choose to pay features available on the CatCamera app, namely the generation of image packs or ability to unlock all packs and generate your own pictures. Payments are processed inside the application either through Apple In-App Purchases (IAP) or Google In-App Purchases (IAP). All payments made by you to BitsofWow in relation to CatCamera are strictly non-refundable once used, even if only in part.

All of our purchases are one-time fees to unblock certain functionality. These are non-recurring one-time payments.

The options available or you to purchase are: (a) Unlock Pack - at a variable price that allows you to generate all pictures in a given pack as provided at the time of purchase, as well as re-generate (redo the generation of images) in that said pack. This purchase does NOT entitle you to use the "Generate Your Own Image" functionality nor to anything not directly mentioned in these terms; (b)Unlock All/Pro - this is a one-time payment that allows you generate images for all packs provided at the time of purchase and awards you a total of 50 credits that can be used to either regenerate an image (redo the generation of images) or generate your own image by inputting a prompt to be executed. This does not warrant you access to any future functionality.

BitsofWow makes no warranties regarding future updates of CatCamera, and you should consider services and content provided as-is. Your disagreement with or dissatisfaction with content or services does not entitle you to a refund.

Right to Terminate

We may suspend or terminate your right to use CatCamera and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service. If you are on a paid plan we will issue a one-off refund of any pro-rata amounts paid.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Dispute Resolution and Arbitration

You and BitsofWow agree that every dispute arising in connection with these Terms, CatCamera, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BITSOFWOW ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Singapore, where BitsofWow is incorporated. You irrevocably submit to the exclusive jurisdiction of the courts of that country.