Remake AI Terms & Conditions
Remake AI Terms & Conditions
Please read carefully: These Terms of Use (these "Terms") constitute a legally binding agreement between you ("you" or "your") and Plus Minus One, successors in interest and permitted assigns, "Plus Minus One," "we," "us," or "our").
These Terms govern your access and use of our Remake mobile application ("App"), our related content, products, and services (collectively, the "Service").
THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, DISCLAIMERS OF WARRANTIES, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY.
The Terms of Use, together with all agreements and policies expressly incorporated by reference ("Terms") applies as between you, the User of the Application and Plus Minus One, the owner(s) of this Application. Your agreement to comply with and be legally bound by these terms and conditions is deemed to occur upon your first use of the Application.
By downloading, installing, or using the Service in any manner, you agree to these Terms and you agree to comply with and be bound by any applicable specific, supplemental, or third-party licenses or terms when using the Service.
IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS IN THESE TERMS, DO NOT ACCESS AND IMMEDIATELY STOP USING THE SERVICE, CANCEL ANY ACCOUNT, AND IMMEDIATELY UNINSTALL AND DELETE ANY COPIES OF ANY APPS OR SOFTWARE INCLUDED IN THE SERVICE IN YOUR POSSESSION.
Children Under the Age of 16
The Remake Services is not intended for children under 16 years of age. We do not knowingly collect or solicit personal information from anyone under the age of 16 or knowingly allow such persons to register. If you believe that we might have any personal information from or about a child under 16, please contact us at support@remakeai.co
Your Use of the Remake Services
Subject to your compliance with these Terms, Remake grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Remake Services and any products, services, functionality, content, information, or other materials available on or through the Remake Services, subject to the limitations described in the remainder of this section and elsewhere in these Terms.
You understand that certain functions of this Remake Services may only be available to Guest User. Guest User has the right to use the products, services and functionality provided by Remake and the content and information published on the Remake Services only within their own needs, for non-commercial purposes. Should the products, services, functionality, content or information be a subject to copyrights or any other intellectual property rights, the Guest User may use it within the allowed use under any applicable third-party licenses and subject to such copyrights and related rights. Except as otherwise provided in these Terms with regard to Remake using the products, services, functionality, content or information in accordance with these terms is free of charge.
The rights granted to you in the paragraph above and elsewhere in these Terms are subject to the following limitations:
User Content
You are solely responsible for all text, images, audio, video, location data, and all other forms of data or communication that you submit or transmit to, through, or in connection with the Remake Services, (collectively, "Your Content"). Once you submit Your Content on the Remake Services it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone else’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content by others who may access the Remake Services. You acknowledge that you may expose yourself to personal liability by posting on the Remake Services. You take sole responsibility for ensuring that Your Content does not contain any material that is illegal, is false, intentionally misleading, or defamatory, or violates any third-party right (such as copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right).
Remake’s Right to Use Your Content
By posting Your Content on the Remake Services you irrevocably grant Remake a worldwide, non-exclusive, irrevocable, sub-licensable (through multiple tiers), assignable and transferable, perpetual right and license to use Your Content, including, for example, your name, age, gender or biographical information, for any purpose whatsoever, including, for example, to create derivative works, use for advertising or marketing, or repurpose in another medium.
Intellectual Property
The materials used and displayed on the Remake Services, including but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, and sound, and names, logos, trademarks and service marks, are the property of Remake or its affiliates or licensors and are protected by copyright, trademark and other laws. Any and all such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material without the written consent of Remake.
The terms Remake and other Remake trademarks and services marks, as well as all associated logos, related names, product and service names, designs, and slogans are trademarks of Remake or its affiliates or licensors. You may not use such marks without the prior written consent of Remake. All other names, logos, product and service names, designs, and slogans on the Remake Services are the trademarks of their respective owners.
Digital Millennium Copyright Act
Since we respect content owner rights, it is Remake’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Remake Services, please reach us at support@remakeai.co with the following information:
Your name, address, telephone number and email address;
An identification of the copyrighted work that you believe to be infringed. Please fully describe the work and, wherever possible, include a copy or the location of an authorized version of the work;
A statement that you have a good faith belief that the complained-of use of the materials is not authorized by the copyright owner, its agent, or the law;
A statement that the information that you have supplied is accurate and that, "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
A signature or the electronic equivalent from the copyright holder or authorized representative.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Remake and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Remake’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
Mobile Software
Remake may make available software to access the products, services, functionality, content, information and other materials made available on, through or in connection with the Remake Services via a mobile device including, but not limited to, the App software ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Remake does not represent or warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Subject to your compliance with these Terms, Remake hereby grants you a non-exclusive, non-transferable, freely revocable license to use a compiled code copy of the Mobile Software for one account on one Mobile Device owned or leased solely by you, for your personal use.
You acknowledge that Remake may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA and/or Terms of Use, if any, authorizing the use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Remake or its third-party providers or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Remake reserves all rights not expressly granted under these Terms. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Software will be deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms. The Mobile Software is subject to United States export laws and regulations. Those laws and regulations provide that, among other things, the Mobile Software generally may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Remake Services, including, but not limited to, export and import regulations.
The following applies to any Mobile Software you acquire from the Apple App Store ("Apple-Sourced Software"):
You acknowledge and agree that these Terms are solely between you and Remake, not Apple, Inc. ("Apple"), and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Remake as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (a) product liability claims; (b) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Remake as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or Your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Remake, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Remake acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
Third-Party Content and Links
Some of the information or other materials available on or through the Remake Services may have been prepared by third-parties not affiliated with Remake, including other users. Remake makes no warranties with regard to such information or other materials, nor does Remake assume any responsibility or liability for any decisions based upon such information.
The Remake Services may include links to websites and services not provided by Remake. Your interaction with these websites and services will be subject to the terms (including privacy policies) established by such websites or services. Remake is not responsible for, and does not endorse or warrant in any way, any materials, information, goods, or services available through or advertised on such websites or services, or the privacy or other practices of such websites or services.
User-Generated Content
The Service may allow you to upload, store, receive, create, modify, share, or publish content (“User-Generated Content”). We do not claim any ownership rights to User-Generated Content. By using the Service, you grant us a license to use User-Generated Content for the purposes of operating, developing, and improving the Service.
You are solely responsible for User-Generated Content and represent and warrant that it will not infringe upon or violate the rights of any person, comply with these Terms, and have all necessary rights and authorizations.
Generative AI Features
The Service may include features that implement generative artificial intelligence models or tools (“Generative AI Features”). You agree not to upload, generate, or distribute certain types of content when using Generative AI Features,
Security
Use of certain portions of the Remake Services requires that you create and maintain a username and password (collectively "User Credentials"). You will be asked to create unique User Credentials that may only be used by you. You understand and acknowledge that anyone with knowledge of your User Credentials may gain access to any information, including your Personal Information, you have stored in the password-protected portion of the Remake Services. You agree to keep your password secret, to notify us if your password is lost or compromised, and to be solely responsible for the confidentiality and use of your User Credentials.
Termination
Remake reserves the right, in its sole discretion, to immediately modify, suspend or terminate your account, the Remake Services, your any products, services, functionality, information, content or other materials available on, through or in connection with the Remake Services including, but not limited to, the Mobile Software, and/or your access to some or all of them without cause and without notice.
Limitation of Liability
REMAKE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, RESULTING FROM (A) THE USE OR THE INABILITY TO USE, OR THE CONTENT INCLUDED IN, THE REMAKE SERVICES AND/OR ANY PRODUCTS, SERVICES, FUNCTIONALITY, CONTENT, INFORMATION, OR OTHER MATERIALS AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE REMAKE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE MOBILE SOFTWARE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) REMAKE’S PROVISION OF OR YOUR USE OF THE REMAKE SERVICES AND/OR ANY PRODUCTS, SERVICES, FUNCTIONALITY, CONTENT, INFORMATION, OR OTHER MATERIALS AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE REMAKE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE MOBILE SOFTWARE; OR (C) ANY BREACH OF OR ACT OR OMISSION UNDER THESE TERMS, INCLUDING, BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions the above limitations and exclusions may not apply to you. In such states or jurisdictions, Remake’s liability is limited to the extent permitted by law, thereby minimizing Remake’s liability to you to the lowest amount permitted by applicable law.
Indemnification
You agree to indemnify and hold each of Remake, its subsidiaries, affiliates, officers, directors, employees and independent contractors, and any third parties providing content or services included in the Remake Services, harmless from any claim or demand (including, but not limited to, reasonable legal fees) made by any third party due to or arising out of your use of the Remake Services.
Assignment
Remake expressly reserves the right to assign and transfer these Terms, and its rights and obligations under these Terms, in part or as a whole, without restriction, including, but not limited to, to another legal entity as part of any sale or merger of all or part of Remake with a separate legal entity. You may not transfer these Terms, or your rights or obligations under these Terms, to any person or entity.
Applicable Law
These Terms will be governed by and construed in accordance with the laws of the State of Delaware, excluding provisions of that would result in choice of the law of another jurisdiction to govern these Terms.
Arbitration
YOU AND Remake AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS SHALL BE FINAL AND BINDING ARBITRATION.
Either Remake or you may demand that any dispute between Remake and you about or involving your use of the Remake Services must be settled by arbitration utilizing the Commercial Arbitration Rules of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent Remake from seeking injunctive relief in a court of competent jurisdiction. Judgment on the award may be entered in any court of competent jurisdiction. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE REMAKE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
Waiver and Severability
No waiver by Remake of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Remake to assert a right or provision under these Terms will not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
These Terms are the complete and exclusive statement of the agreement between you and Remake concerning the Remake Services and/or any products, services, information, or other materials available on, through or in connection with the Remake Services or your, including, but not limited to, the Mobile Software. These Terms replace and supersede any prior or contemporaneous oral or written agreement and any other communications between you and Remake.
Contact Us
If you have questions about these Terms, you may contact us by email at support@remakeai.co .
Please note that communications made to support@remakeai.co will not constitute legal notice to Remake, its officers, employees, agents, or representatives.
Changes to These Terms
Remake regularly reviews these Terms and may revise or update them at our sole discretion. Changes to these Terms become effective immediately upon their posting on the Remake Services and your continued use of the Remake Services following the posting of revised Terms represents that you have read, understood, and agreed to the changes. The most recent version of these Terms will be maintained on the Remake Services.
Please read carefully: These Terms of Use (these "Terms") constitute a legally binding agreement between you ("you" or "your") and Plus Minus One, successors in interest and permitted assigns, "Plus Minus One," "we," "us," or "our").
These Terms govern your access and use of our Remake mobile application ("App"), our related content, products, and services (collectively, the "Service").
THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, DISCLAIMERS OF WARRANTIES, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY.
The Terms of Use, together with all agreements and policies expressly incorporated by reference ("Terms") applies as between you, the User of the Application and Plus Minus One, the owner(s) of this Application. Your agreement to comply with and be legally bound by these terms and conditions is deemed to occur upon your first use of the Application.
By downloading, installing, or using the Service in any manner, you agree to these Terms and you agree to comply with and be bound by any applicable specific, supplemental, or third-party licenses or terms when using the Service.
IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS IN THESE TERMS, DO NOT ACCESS AND IMMEDIATELY STOP USING THE SERVICE, CANCEL ANY ACCOUNT, AND IMMEDIATELY UNINSTALL AND DELETE ANY COPIES OF ANY APPS OR SOFTWARE INCLUDED IN THE SERVICE IN YOUR POSSESSION.
Children Under the Age of 16
The Remake Services is not intended for children under 16 years of age. We do not knowingly collect or solicit personal information from anyone under the age of 16 or knowingly allow such persons to register. If you believe that we might have any personal information from or about a child under 16, please contact us at support@remakeai.co
Your Use of the Remake Services
Subject to your compliance with these Terms, Remake grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Remake Services and any products, services, functionality, content, information, or other materials available on or through the Remake Services, subject to the limitations described in the remainder of this section and elsewhere in these Terms.
You understand that certain functions of this Remake Services may only be available to Guest User. Guest User has the right to use the products, services and functionality provided by Remake and the content and information published on the Remake Services only within their own needs, for non-commercial purposes. Should the products, services, functionality, content or information be a subject to copyrights or any other intellectual property rights, the Guest User may use it within the allowed use under any applicable third-party licenses and subject to such copyrights and related rights. Except as otherwise provided in these Terms with regard to Remake using the products, services, functionality, content or information in accordance with these terms is free of charge.
The rights granted to you in the paragraph above and elsewhere in these Terms are subject to the following limitations:
User Content
You are solely responsible for all text, images, audio, video, location data, and all other forms of data or communication that you submit or transmit to, through, or in connection with the Remake Services, (collectively, "Your Content"). Once you submit Your Content on the Remake Services it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone else’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content by others who may access the Remake Services. You acknowledge that you may expose yourself to personal liability by posting on the Remake Services. You take sole responsibility for ensuring that Your Content does not contain any material that is illegal, is false, intentionally misleading, or defamatory, or violates any third-party right (such as copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right).
Remake’s Right to Use Your Content
By posting Your Content on the Remake Services you irrevocably grant Remake a worldwide, non-exclusive, irrevocable, sub-licensable (through multiple tiers), assignable and transferable, perpetual right and license to use Your Content, including, for example, your name, age, gender or biographical information, for any purpose whatsoever, including, for example, to create derivative works, use for advertising or marketing, or repurpose in another medium.
Intellectual Property
The materials used and displayed on the Remake Services, including but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, and sound, and names, logos, trademarks and service marks, are the property of Remake or its affiliates or licensors and are protected by copyright, trademark and other laws. Any and all such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material without the written consent of Remake.
The terms Remake and other Remake trademarks and services marks, as well as all associated logos, related names, product and service names, designs, and slogans are trademarks of Remake or its affiliates or licensors. You may not use such marks without the prior written consent of Remake. All other names, logos, product and service names, designs, and slogans on the Remake Services are the trademarks of their respective owners.
Digital Millennium Copyright Act
Since we respect content owner rights, it is Remake’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Remake Services, please reach us at support@remakeai.co with the following information:
Your name, address, telephone number and email address;
An identification of the copyrighted work that you believe to be infringed. Please fully describe the work and, wherever possible, include a copy or the location of an authorized version of the work;
A statement that you have a good faith belief that the complained-of use of the materials is not authorized by the copyright owner, its agent, or the law;
A statement that the information that you have supplied is accurate and that, "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
A signature or the electronic equivalent from the copyright holder or authorized representative.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Remake and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Remake’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
Mobile Software
Remake may make available software to access the products, services, functionality, content, information and other materials made available on, through or in connection with the Remake Services via a mobile device including, but not limited to, the App software ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Remake does not represent or warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Subject to your compliance with these Terms, Remake hereby grants you a non-exclusive, non-transferable, freely revocable license to use a compiled code copy of the Mobile Software for one account on one Mobile Device owned or leased solely by you, for your personal use.
You acknowledge that Remake may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA and/or Terms of Use, if any, authorizing the use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Remake or its third-party providers or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Remake reserves all rights not expressly granted under these Terms. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Software will be deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms. The Mobile Software is subject to United States export laws and regulations. Those laws and regulations provide that, among other things, the Mobile Software generally may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Remake Services, including, but not limited to, export and import regulations.
The following applies to any Mobile Software you acquire from the Apple App Store ("Apple-Sourced Software"):
You acknowledge and agree that these Terms are solely between you and Remake, not Apple, Inc. ("Apple"), and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Remake as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (a) product liability claims; (b) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Remake as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or Your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Remake, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Remake acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
Third-Party Content and Links
Some of the information or other materials available on or through the Remake Services may have been prepared by third-parties not affiliated with Remake, including other users. Remake makes no warranties with regard to such information or other materials, nor does Remake assume any responsibility or liability for any decisions based upon such information.
The Remake Services may include links to websites and services not provided by Remake. Your interaction with these websites and services will be subject to the terms (including privacy policies) established by such websites or services. Remake is not responsible for, and does not endorse or warrant in any way, any materials, information, goods, or services available through or advertised on such websites or services, or the privacy or other practices of such websites or services.
User-Generated Content
The Service may allow you to upload, store, receive, create, modify, share, or publish content (“User-Generated Content”). We do not claim any ownership rights to User-Generated Content. By using the Service, you grant us a license to use User-Generated Content for the purposes of operating, developing, and improving the Service.
You are solely responsible for User-Generated Content and represent and warrant that it will not infringe upon or violate the rights of any person, comply with these Terms, and have all necessary rights and authorizations.
Generative AI Features
The Service may include features that implement generative artificial intelligence models or tools (“Generative AI Features”). You agree not to upload, generate, or distribute certain types of content when using Generative AI Features,
Security
Use of certain portions of the Remake Services requires that you create and maintain a username and password (collectively "User Credentials"). You will be asked to create unique User Credentials that may only be used by you. You understand and acknowledge that anyone with knowledge of your User Credentials may gain access to any information, including your Personal Information, you have stored in the password-protected portion of the Remake Services. You agree to keep your password secret, to notify us if your password is lost or compromised, and to be solely responsible for the confidentiality and use of your User Credentials.
Termination
Remake reserves the right, in its sole discretion, to immediately modify, suspend or terminate your account, the Remake Services, your any products, services, functionality, information, content or other materials available on, through or in connection with the Remake Services including, but not limited to, the Mobile Software, and/or your access to some or all of them without cause and without notice.
Limitation of Liability
REMAKE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, RESULTING FROM (A) THE USE OR THE INABILITY TO USE, OR THE CONTENT INCLUDED IN, THE REMAKE SERVICES AND/OR ANY PRODUCTS, SERVICES, FUNCTIONALITY, CONTENT, INFORMATION, OR OTHER MATERIALS AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE REMAKE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE MOBILE SOFTWARE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) REMAKE’S PROVISION OF OR YOUR USE OF THE REMAKE SERVICES AND/OR ANY PRODUCTS, SERVICES, FUNCTIONALITY, CONTENT, INFORMATION, OR OTHER MATERIALS AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE REMAKE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE MOBILE SOFTWARE; OR (C) ANY BREACH OF OR ACT OR OMISSION UNDER THESE TERMS, INCLUDING, BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions the above limitations and exclusions may not apply to you. In such states or jurisdictions, Remake’s liability is limited to the extent permitted by law, thereby minimizing Remake’s liability to you to the lowest amount permitted by applicable law.
Indemnification
You agree to indemnify and hold each of Remake, its subsidiaries, affiliates, officers, directors, employees and independent contractors, and any third parties providing content or services included in the Remake Services, harmless from any claim or demand (including, but not limited to, reasonable legal fees) made by any third party due to or arising out of your use of the Remake Services.
Assignment
Remake expressly reserves the right to assign and transfer these Terms, and its rights and obligations under these Terms, in part or as a whole, without restriction, including, but not limited to, to another legal entity as part of any sale or merger of all or part of Remake with a separate legal entity. You may not transfer these Terms, or your rights or obligations under these Terms, to any person or entity.
Applicable Law
These Terms will be governed by and construed in accordance with the laws of the State of Delaware, excluding provisions of that would result in choice of the law of another jurisdiction to govern these Terms.
Arbitration
YOU AND Remake AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS SHALL BE FINAL AND BINDING ARBITRATION.
Either Remake or you may demand that any dispute between Remake and you about or involving your use of the Remake Services must be settled by arbitration utilizing the Commercial Arbitration Rules of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent Remake from seeking injunctive relief in a court of competent jurisdiction. Judgment on the award may be entered in any court of competent jurisdiction. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE REMAKE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
Waiver and Severability
No waiver by Remake of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Remake to assert a right or provision under these Terms will not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
These Terms are the complete and exclusive statement of the agreement between you and Remake concerning the Remake Services and/or any products, services, information, or other materials available on, through or in connection with the Remake Services or your, including, but not limited to, the Mobile Software. These Terms replace and supersede any prior or contemporaneous oral or written agreement and any other communications between you and Remake.
Contact Us
If you have questions about these Terms, you may contact us by email at support@remakeai.co .
Please note that communications made to support@remakeai.co will not constitute legal notice to Remake, its officers, employees, agents, or representatives.
Changes to These Terms
Remake regularly reviews these Terms and may revise or update them at our sole discretion. Changes to these Terms become effective immediately upon their posting on the Remake Services and your continued use of the Remake Services following the posting of revised Terms represents that you have read, understood, and agreed to the changes. The most recent version of these Terms will be maintained on the Remake Services.