Selira AI Terms of Use

By accessing or using the App or Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You may not access or use the App or Site or accept the Terms if you are not at least 18 years old. By continuing to access either products (Roleplay/Image Creator) or anything provided by Company on the App or Site, you automatically accept these Terms.

If you do not agree with all of the provisions of these Terms, do not access and/or use the App or Site.

Please be aware that Section 10.2 of these Terms contains provisions governing how disputes that you and we have against each other are resolved, including, without limitation, any disputes that arose or were asserted prior to the effective date of your acceptance of these Terms. In particular, it contains an Arbitration Agreement which will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration. Unless you opt out of the Arbitration Agreement: (1) you will only be permitted to pursue disputes or claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial.

1. Accounts

1.1 Account Creation

In order to use certain features of the App or Site, you must register for an account ("Account") and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the App or Site. Company may suspend or terminate your Account in accordance with Section 8.

1.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. Access to the App and Site

2.1 License

Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the App solely for your own personal, noncommercial use on Apple-branded products that you own or control, subject to the Usage Rules set forth in Apple's Media Services Terms and Conditions (available at https://www.apple.com/legal/internet-services/itunes/). This license includes access via Family Sharing or volume purchasing, if applicable. For the Site, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.

2.2 Certain Restrictions

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the App or Site, whether in whole or in part, or any content displayed on the App or Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the App or Site; (c) you shall not access the App or Site in order to build a similar or competitive application, website, product, or service; (d) except as expressly stated herein, no part of the App or Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (e) you shall not upload, post, transmit, or otherwise make available any content that is illegal, including but not limited to content that is illegal in the country of access, or any content involving individuals under the age of 18.

2.3 Modification

Company reserves the right, at any time, to modify, suspend, or discontinue the App or Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the App or Site or any part thereof.

2.4 Ownership

Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the App and Site and their content are owned by Company or Company's suppliers ("Creators"). Neither these Terms (nor your access to the App or Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1.

3. User Content

3.1 User Content

"User Content" means any and all information and content that a user submits to, or uses with, the App or Site (e.g., content in the user's profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party.

3.2 License

You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the App or Site.

3.3 Acceptable Use Policy

The following terms constitute our "Acceptable Use Policy": You agree not to use the App or Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic (defined as real persons or similarity to), obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable, (iii) that is harmful to minors in any way, or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

3.4 Content Removal Policy

We reserve the right to review, flag, and remove any User Content that we determine, in our sole discretion, to be in violation of our Acceptable Use Policy or otherwise objectionable. This includes, but is not limited to, content that violates any third-party rights, is unlawful, harassing, abusive, threatening, harmful, vulgar, defamatory, false, pornographic, obscene, or otherwise objectionable.

3.5 Complaints Policy

We are committed to providing a positive and respectful environment for all users of our App and Site. If you have any complaints regarding any aspect of our services, please contact us at gcastrading@gmail.com. We will review and resolve all reported complaints within 7 business days.

3.6 Enforcement

We reserve the right (but have no obligation) to review, refuse and/or remove any User Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person.

4. Subscriptions

4.1 Subscription Period

The App, Site, or some parts thereof are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription. At the end of each period, your Subscription will automatically renew under the exact same conditions unless you cancel it or Selira AI cancels it.

4.2 Subscription Cancellations

You may cancel your Subscription renewal either through the profile settings page or by contacting Selira AI at gcastrading@gmail.com. You will not receive a refund for the fees you already paid for your current Subscription period, and you will be able to access the App or Site until the end of your current Subscription period.

4.3 Rate Limits

Selira AI reserves the right to implement rate limits for users of the App or Site, both Pro and Free, in order to maintain the functionality and performance of the App or Site. These rate limits may include restrictions on the frequency and volume of requests made to the App or Site and may be adjusted from time to time at the sole discretion of Selira AI.

4.4 Billing

You shall provide Selira AI with accurate and complete payment information for transactions processed through Apple for the App or through Stripe for the Site. For App subscriptions, payments are processed via Apple's payment system in accordance with Apple's Media Services Terms and Conditions. For Site subscriptions, payments are processed through Stripe, a secure payment gateway.

4.5 Refunds

Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of Selira AI.

5. Indemnification

You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the App or Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

6. Disclaimers

The App and Site are provided on an "as-is" and "as available" basis, and Company (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the App or Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.

7. Limitation on Liability

To the maximum extent permitted by law, in no event shall Company (or our suppliers) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or inability to use, the App or Site, even if Company has been advised of the possibility of such damages. To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to a maximum of fifty US dollars (U.S. $50).

8. Term and Termination

Subject to this Section, these Terms will remain in full force and effect while you use the App or Site. We may suspend or terminate your rights to use the App or Site (including your Account) at any time for any reason at our sole discretion, including for any use of the App or Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the App or Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content.

9. Copyright Policy

Company respects the intellectual property of others and asks that users of our App and Site do the same. In connection with our App and Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our App or Site who are repeat infringers of intellectual property rights, including copyrights.

Reporting Claims of Copyright Infringement

If you believe that any content or materials on the Selira AI App, Site, or any associated services infringe your copyright, you may request removal of such content and materials (or access to them) from the Services by submitting written notification to our copyright agent designated below.

Please send all DMCA Notices to our designated agent at the following email address: gcastrading@gmail.com

Take Down Procedures

Upon receipt of a valid and complete DMCA Notice, we will take actions to remove and/or disable access to the allegedly infringing content or material and promptly notify the user who posted, uploaded or otherwise provided the content or material that we have removed or disabled access to such content or material.

Repeat Infringers

It is Selira AI's policy to terminate or suspend membership privileges and accounts of any user or member who repeatedly infringes intellectual property rights in its use of the Services and/or to remove, delete and/or disable all content and materials posted, uploaded or provided by such user or member.

10. General

10.1 Changes

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our App or Site. You are responsible for providing us with your most current e-mail address. Continued use of our App or Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

10.2 Dispute Resolution

Please read this Section 10.2 (sometimes referred to herein as this "Arbitration Agreement") carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(a) Applicability of Arbitration Agreement
All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.

(b) Notice Requirement and Informal Dispute Resolution
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: gcastrading@gmail.com. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.

(c) Arbitration Rules
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/.

(d) Waiver of Jury Trial
YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 10.2(a) above.

(e) Waiver of Class or Other Non-Individualized Relief
ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

(f) 30-Day Right to Opt Out
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: gcastrading@gmail.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Company username (if any), the email address you used to set up your Company account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement.

10.3 Export

The App and Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

10.4 Electronic Communications

The communications between you and Company use electronic means, whether you use the App or Site or send us emails, or whether Company posts notices on the App or Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing.

10.5 Entire Terms

These Terms constitute the entire agreement between you and us regarding the use of the App and Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

11. Contact Information

If you have any questions about these Terms or need to contact us for any reason, please reach out to our support team: