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Terms & Conditions

HijabAI, a subsidiary of Oufaska Agency, operates and provides a range of associated services to you, as a user. By accessing and using HijabAI, you agree to abide by our terms and conditions, which include these Terms of Service along with any other relevant policies

HijabAI is operated by Oufaska Agency.

At HijabAI, we prioritize your privacy and the protection of your data above all else. Rest assured that all data collected, whether personal or non-personal, is safeguarded with the highest global standards.

We firmly believe that your personal data belongs to you, and we have implemented a robust privacy policy to ensure it remains that way. Our policy fully adheres to the European General Data Protection Regulation (GDPR), as well as all relevant laws and regulations in the Netherlands.

This privacy policy applies to www.HijabAI.com and governs the use of the services provided by this site to our valued users.

1. Service Availability and Quality

We are continually improving the Services to enhance your experience. The Services may undergo modifications and changes, including but not limited to the art style of Assets, the algorithms used for generating the Assets, and available features for the Customer. However, we do not provide any guarantees regarding the quality, stability, uptime, or reliability of the Services. It is essential not to create any dependencies on the Services or Assets. We will not be held liable for any harm caused by such dependencies.

Both the Services and the Assets are provided to the Customer on an "AS IS" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, either express or implied, including but not limited to warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. It is solely your responsibility to determine the suitability of using or redistributing the Assets, and you assume any associated risks with using the Services.

HijabAI retains the right to suspend or terminate your access to the Services at any time and for any reason. The Services are not to be used for competitive research. Reverse engineering of the Services or Assets is strictly prohibited. Additionally, the use of automated tools to access, interact with, or generate Assets through the Services is not allowed. Each registered account is intended for use by a single user, and a user may have only one account. We reserve the right to investigate complaints or reported violations of our Terms of Service. If necessary, we may take appropriate actions, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any relevant information, such as user profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information, to such entities.

2. Age Requirements

By accessing the Services, you affirm that you are at least 13 years old and meet the minimum age of digital consent in your country. If you meet the age requirements to access the Services in your country but lack the authority to consent to our terms, it is necessary for your parent or guardian to agree to our terms on your behalf. We kindly request your parent or guardian to review these terms together with you. If you are a parent or legal guardian and permit your teenager to use the Services, these terms also apply to you, and you are responsible for your teenager's activities on the Services.

HijabAI endeavors to maintain its Services as PG-13 and family-friendly; however, please note that the Assets are generated by an artificial intelligence system based on user queries. As this technology is still evolving, it may not always perform as expected. Consequently, no guarantees are provided regarding the suitability of the Assets for the Customer.

3. Your Information

By utilizing the Services, you may furnish HijabAI with personal information, such as your email address, user name, billing information, favorites, image outputs, and text prompts that you input, or sample images that you upload to the Service. Our policy regarding the handling of your personal information and the rights you possess concerning it can be found [link to the policy]. Both parties mutually commit to adhering to all relevant data protection laws. In the event that further terms concerning data privacy or data transfers are required, both parties will collaborate in good faith to establish such terms.

4. Copyright and Trademark

To the fullest extent permitted by law and with respect to the relationship between you and HijabAI, you retain ownership of your Uploads, while acknowledging that HijabAI holds ownership of all Generations. Therefore, you hereby make any necessary assignments to effectuate this arrangement. HijabAI grants you exclusive rights to reproduce and display the Generations you create. Additionally, HijabAI will not resell the Generations you have generated, utilize them in any manner, or assert any copyright claims against you or your end users for such Generations. This grant of rights is contingent upon your compliance with these terms and our Content Policy.

In the event of any violation of our terms or Content Policy, your rights to use the Generations may be revoked. However, we will provide you with written notice and a reasonable opportunity to address and rectify the violation, except in cases where the violation was clearly illegal or abusive.

It is essential to understand and acknowledge that other individuals may create similar or identical Generations using their own Prompts. Your rights are restricted to the specific Generation that you have created, and you do not have exclusive rights over similar Generations produced by others.

5. DMCA and Takedowns Policy

HijabAI utilizes an artificial intelligence system that has been trained on public datasets to generate its Assets. While producing these Assets, there is a possibility that they may unintentionally resemble copyrighted material or trademarks that you hold. As a company, we highly value and respect the rights of copyright and trademark holders worldwide.

If you believe that the Service is infringing upon your copyright or trademark rights, we encourage you to reach out to us at takedown@HijabAI.com. Once we receive your request, we will promptly process it and take appropriate action as necessary. We are committed to addressing any valid concerns regarding potential infringement and ensuring that the rights of intellectual property owners are respected.

6. Dispute Resolution and Governing Law

ALL LEGAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE AGREEMENT) ("Dispute") WILL BE GOVERNED BY THE LAWS OF THE NETHERLANDS.

The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the Netherlands Arbitration Institute (NAI). in accordance with its Expedited Commercial Rules in force as of the date of this Agreement ("Rules").

The parties will mutually select one arbitrator. The arbitration will be conducted in English in the Netherlands.

Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement.

The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property.

Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.

7. Unlimited Service and Rate Limiting

If you purchase an unlimited plan, we will make reasonable efforts to provide you with unlimited access to the Services. However, we retain the right to impose rate limits if necessary to prevent any degradation in quality or disruptions to other customers.

8. Payment and Billing

We may send you an invoice for your use of the Services, facilitated through a third-party payment service provider. In case of any conflict, the terms of service of the third-party service provider will take precedence over this Agreement. You have the freedom to cancel your plan at any time. Additionally, we reserve the right to terminate your access to the Service for various reasons, including violations of the Community Guidelines or any other inappropriate use of the Service. In the event of cancellation or termination, any outstanding usage fees will be charged immediately. However, you will not be eligible for a refund for the current pay period. Your charges will cease after the current pay period concludes. Refund requests made within 14 days of purchase are eligible for a full refund, provided that the product has not been used, and no AI has been trained. We will withhold 30% of the sales price for such refunds. Please note that shoots with more than two downloads will not be eligible for refunds.

9. Community Guidelines

  • Be kind and respect each other and staff. Do not create images or use text prompts that are inherently disrespectful, aggressive, or otherwise abusive. Violence or harassment of any kind will not be tolerated.
  • No adult content or gore. Please avoid making visually shocking or disturbing content. We will block some text inputs automatically.
  • Sharing others’ creations. Do not publicly repost the creations of others without their permission.
  • Be careful about sharing. It’s OK to share your creations outside of the HijabAI community but please consider how others might view your content.
  • Any violations of these rules may lead to bans from our services.

10. Limitation of Liability and Indemnity

We provide the service as is, and we do not make any promises or guarantees about it. You acknowledge and agree that we will not be held liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however they may arise. Your use of the service is entirely your responsibility. If you cause harm to someone else or become involved in a dispute with someone else, we will not be involved in the matter.

If you knowingly infringe on someone else's intellectual property, and as a result, it costs us money, we will take action to collect that money from you. This may include pursuing legal actions to recover our losses, including attorney's fees. We strongly advise against engaging in such activities.

11. Miscellaneous

  • Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
  • No Agency. This Agreement does not create any agency, partnership, or joint venture between the parties.
  • Severability. If any part of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
  • No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.
  • Survival. The sections and obligations in this Agreement that a reasonable person would expect to survive this agreement, will. Particularly the IP and privacy stuff.