The OnModel.ai Application Terms and Conditions of Use (“Agreement”) applies to the entirety of the OnModel.ai application and the Model Swap application (“App” or “Apps”) provided by OnModel.ai, a service from Trendage, Inc ("Trendage", "us", "we", or "our").
We provide you with access to applications that enable photo enhancement, photo generation and editing services and online tools (“Services”) that produce images / photos ("Assets").
Acceptance of terms and conditions
By using and continuing to use this App, you agree as follows:
- You understand and intend that this Agreement is legally binding and the equivalent of a signed, written contract;
- You will use this App in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as the terms and conditions may be amended by Onmodel.ai or Trendage, Inc. from time to time; and
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS IN THIS AGREEMENT, PLEASE DISCONTINUE ALL FURTHER USE OF THE APPLICATION.
- You own all Assets you create with the Services and
- We assign to you all rights, title and interest in and to such Assets for commercial use.
- You are granted a non-exclusive, limited, non-transferable and freely revocable license to access and use the Service for commercial use;
By using our Services, you grant us a perpetual, worldwide, non-exclusive license to use, copy, reproduce, process, adapt, modify, publish, transmit, prepare derivative works of, display, perform, train machine learning models with, sublicense, and distribute actions, prompts and images you input into the Services, or Assets produced at your direction. This license enables us to use such assets for the provision, maintenance, promotion and improvement of our Services and compliance with laws. You acknowledge that this license is granted without compensation to you. The use of our Services is deemed sufficient compensation for the rights granted.
Use of OnModel.ai’s services
You are strictly prohibited from:
- Importing images / photos for which you do not have the legal right;
- Importing or attempting to generate images / photos of clothing models under the age of 18;
- Accessing or using our Service through automated means (such as crawlers, bots, scrapers, or spiders)
By accepting this agreement, you waive all rights and agree to hold OnModel.ai harmless from any claims resulting from any action taken by OnModel.ai during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either OnModel.ai or law enforcement authorities.
Rights to monitor and terminate access.
OnModel.ai reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Disclosure under law.
OnModel.ai reserves the right at all times to disclose any information as compelled by any applicable law, regulation, legal process or governmental request.
DMCA and Takedowns Policy
Trendage employs AI systems to generate assets, which may resemble copyright or trademark material belonging to others.
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), we will respond expeditiously to claims of copyright infringement committed if such claims are reported to our Designated Copyright Agent identified below. Please provide us with a written notice either by email or mail containing the following information:
Copyright Work Information
- Your name
- Telephone number
- Email Address
- Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link or the exact location where such material may be found.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Designated Copyright Agent via mail or email:
ATTN: Trendage Copyright Compliance
16192 Coastal Highway
Lewes, Delaware 19958 USA
Disclaimer of warranties.
You acknowledge and agree that your use of the Service and any Content is solely at your own risk. The Service, including the Model Swap App and any Content or Assets, is provided on an "as is" and "as available" basis, and without any warranty, express or implied. Trendage explicitly disclaims all implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties arising from course of performance or usage of trade. Trendage makes reasonable efforts to ensure the accuracy, correctness, and reliability of the Services and Assets, but makes no representations or warranties in that regard.
Exclusion of all damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ONMODEL.AI OR TRENDAGE, INC. ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE HELD LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THIS APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ONMODEL.AI OR TRENDAGE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Limitation of liability
You acknowledge and agree that Trendage and its affiliates shall not be held liable for any indirect, special, incidental, or consequential damages arising from the delivery, performance, or use of the Service, regardless of Trendage's knowledge of the possibility of such damages. Trendage's liability for any claim, whether in contract, tort, or any other theory of liability, shall not exceed the license fee paid by you, if any.
You agree to indemnify and hold Onmodel.ai and Trendage, Inc. and its affiliates, agents, employees, and licensors harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person arising out of your violation of this Agreement, state or federal securities laws or regulations, or any other person’s rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including but not limited to a negligent act, will Owner or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Application.
If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree to adopt and implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.