Умови та положення використання

Last Updated: March 10, 2025

Please read these Terms and Conditions of Use (“Умови”) carefully before accessing, using, or obtaining any materials, information, products, or services through Funy AI’s website, mobile application, or any related platform (collectively, the “Website” or “Services”).

These Terms form a legally binding agreement between you and the operator of the Services (“Компанія”, “ми”, “us”, or “наш”).

RESTRICTED REGIONS: The use of Funy AI is strictly prohibited for individuals located in, or residents of, Mainland China and the Hong Kong Special Administrative Region (SAR). By accessing the Services, you represent and warrant that you are not located in, or a resident of, these restricted regions. We reserve the right to block, suspend, or terminate access from these jurisdictions without notice.

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Services.

For inquiries or support, you may contact us at: info@funy.ai.

1. Eligibility

You must be at least 18 years old, or the age of legal majority in your jurisdiction, whichever is higher, to access or use the Services. By using the Services, you represent and warrant that you meet this requirement and have the legal capacity to enter into these Terms. Furthermore, you represent and warrant that you are not a resident of, nor accessing the Services from, Mainland China or Hong Kong.

2. Acceptance of Terms

By accessing or using the Website, you agree to comply with these Terms and all applicable laws, regulations, and rules. If you do not agree with any part of these Terms, you are prohibited from using the Services.

3. Changes to These Terms

We may update or modify these Terms at any time in our sole discretion. When we do, we will revise the “Last Updated” date above. Continued use of the Services after any changes become effective constitutes your acceptance of the revised Terms.

4. Description of Services

Funy AI provides software tools and online services that may allow users to generate, edit, transform, enhance, or otherwise create AI-generated images, videos, text, and other digital content. Features may change from time to time without prior notice.

5. Account Registration and Security

Certain features may require you to register for an account. You agree to provide accurate, current, and complete information and to keep your account information updated.

You are responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account. We reserve the right to suspend or terminate accounts that contain false information, appear to be compromised, or are used in violation of these Terms.

6. Subscription, Billing, and Cancellation

Certain Services may be offered on a subscription or one-time payment basis. By purchasing a paid plan, you authorize us or our payment processors to charge the applicable fees, taxes, and any other disclosed charges.

• Automatic Renewal: Subscriptions renew automatically unless canceled before the renewal date.
• Cancellation: You may cancel your subscription through your account settings or by contacting customer support. Cancellation takes effect at the end of the current billing period unless otherwise required by law.
• Price Changes: We reserve the right to change pricing at any time. Any changes will apply prospectively.
• Third-Party Billing Platforms: If you subscribed through a third-party platform such as the Apple App Store or Google Play, billing, cancellation, and refund procedures may also be subject to that platform’s rules.

7. Refund Policy

As a software-as-a-service provider, all purchases are generally final and non-refundable except where required by applicable law or expressly stated otherwise.

Refund requests may be considered only in the following cases:

• Verified service failure caused directly by a material system bug or technical malfunction attributable to us;
• A first-time purchase refund request submitted within 24 hours of the initial payment, provided the request does not relate to a renewal, plan upgrade, abusive usage, excessive consumption of credits, or violation of these Terms;
• Any other circumstance where a refund is required by applicable consumer protection law.

We reserve the right to deny refund requests in cases involving abuse, fraud, chargeback threats, policy violations, or attempts to obtain substantial service usage before requesting a refund.

8. Use License

Subject to your compliance with these Terms, Funy AI grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal or internal business use.

9. User Inputs, Uploads, and Prompts

You may submit text prompts, images, videos, audio, or other content (“Input”). You represent and warrant that you have the rights to submit such content and that it does not violate any law or third-party rights.

By submitting Input, you grant the Company a worldwide, non-exclusive, royalty-free license to host, process, reproduce, modify, and use such Input solely for operating and improving the Services.

10. AI-Generated Outputs

The Services may generate images, videos, text, or other materials (“Output”). Due to the nature of AI systems, Output may be inaccurate, incomplete, or similar to content generated for other users.

You are solely responsible for reviewing and determining whether your use of any Output is lawful and appropriate. You strictly agree not to use the Services to generate any harmful, illegal, or malicious Output.

11. Commercial Use of Output

Unless otherwise restricted, you may use generated Output for personal or commercial purposes, provided that such use complies with applicable law, does not violate Section 12 of these Terms, and does not infringe third-party rights.

12. Prohibited Uses and Harmful Content

Funy AI strictly prohibits the use of its Services to generate, request, upload, or distribute harmful, illegal, or abusive content. You agree not to use the Services to:

• Generate content that promotes violence, terrorism, self-harm, or physical harm against others.
• Generate hate speech, discrimination, harassment, or defamatory materials.
• Create, distribute, or request non-consensual sexual content, deepfakes, or any form of child sexual abuse material (CSAM).
• Infringe upon the intellectual property rights, privacy rights, or publicity rights of any third party.
• Engage in fraud, deceptive practices, or illegal activities.
• Attempt to bypass, disable, or manipulate the platform’s safety filters, moderation systems, or technical safeguards.

Violation of this section will result in immediate account termination, forfeiture of any remaining subscription balance, and potential reporting to law enforcement authorities.

13. Adult and Sensitive Content Policy

Certain adult or sensitive content may be restricted depending on jurisdiction, payment processors, or our internal moderation policies. Content involving minors, exploitation, coercion, or illegal sexual activity is strictly prohibited under all circumstances.

14. Monitoring and Moderation

We use automated systems and human review to detect and prevent prohibited content or behavior. We reserve the right to review, remove, or restrict any content or account at our sole discretion without prior notice.

15. Intellectual Property

The Website, including its software, design, branding, and underlying technology, is owned by or licensed to Funy AI and protected by intellectual property laws. You may not copy, reverse-engineer, or distribute our proprietary software.

16. Copyright Complaints

If you believe that content on the Services infringes your copyright, please send a notice including your contact information, identification of the work, and the location of the allegedly infringing material. Notices may be sent to info@funy.ai.

17. Reporting Violations

Users may report suspected violations or illegal content through our support channels. We will investigate and take appropriate action to maintain a safe environment.

18. Account Suspension and Termination

We reserve the right to suspend or terminate accounts that violate these Terms, create legal risk for the Company, or are required to be restricted by law or third-party platforms (such as app stores or payment gateways).

19. Service Availability

The Services are provided on an “as available” basis. We do not guarantee uninterrupted, bug-free, or error-free operation.

20. Disclaimer of Warranties

The Services and all generated content are provided “as is” and without warranties of any kind, including merchantability, fitness for a particular purpose, or non-infringement.

21. Limitation of Liability

To the fullest extent permitted by law, Funy AI and the Company shall not be liable for any indirect, incidental, consequential, or special damages arising from the use of the Services.

Our total liability shall not exceed the greater of:
(a) the amount paid by you in the previous three months; or
(b) USD $100.

22. Indemnification

You agree to indemnify, defend, and hold harmless Funy AI and the Company from any claims, damages, losses, liabilities, or expenses arising from your use of the Services, your Input, your generated Output, or your violation of these Terms.

23. Privacy

Your use of the Services is governed by our Privacy Policy, which outlines how we collect, use, and protect your data.

24. 18 U.S.C. § 2257 Exemption Statement

All visual depictions available through the Services are intended to be generated by artificial intelligence without the involvement of actual human performers. We do not produce or host content featuring real human subjects in sexually explicit conduct.

25. Governing Law and Jurisdiction

These Terms shall be governed by and interpreted in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.

26. Severability

If any provision of these Terms is found unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

27. No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

28. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the use of the Services, superseding any prior agreements.

29. Contact Information

Електронна пошта: info@funy.ai