Terms of Service
Effective date 1 February 2023
These Terms of Service govern your use of the FeelsArt.ai website, mobile applications and any related services (“Services”) provided by PowerInside Security Inc. (“Company”, “we”, “us” or “our”).
When you create a FeelsArt.ai account or use Services, you agree to abide by these Terms of Service to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app, accessing our website, or using any other services provided by us.
If you access or download the FeelsArt.ai app from (1) the Apple App Store, you agree to any Usage Rules outlined in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions, including the Google Apps Terms of Service.
Health Disclaimer
Our Services should not be considered a substitute for therapy or other psychological or psychiatric treatment, nor should they be considered a substitute for a diagnosis or medical advice. No such representation or warranty is made, and the Services’ licensee should not delay in obtaining such intervention as a result of usage.
Notwithstanding the scientific research on journaling, Company makes no representation or warranty that the User’s mental health will improve. Reliance on Services and the information they contain is strictly at the User’s risk. If the Services’ licensee has been diagnosed with a psychiatric condition, they may wish to speak to their medical practitioner before use.
The Company makes no representation or warranty that Services will prevent, cure or treat diseases, disorders or conditions, including those related to cognition and the brain, but not limited to such.
We do not claim that any of the Services constitute a Medical Device, nor should the User regard them as such.
Services have been designed for general information purposes only. We make no representation or warranty regarding the accuracy, completeness, suitability and safety. The User assumes full responsibility, and Company is not liable for any consequences resulting from reliance.
Services should not be viewed as a substitute for addiction or rehabilitation programmes. Although the User may find them helpful in overcoming addictions, we make no representation or warranty that they are fit for this purpose. The Services’ licensee should not delay obtaining such intervention due to usage.
Specific provisions for image generation service
By using our Services, you're accepting the terms of CreativeML Open RAIL-M License.
We claim no rights to the content that is being generated by Services. Content is created and distributed under a CC0 license.
Limitations of Use
By using our Services, you warrant on behalf of yourself, any entity you represent who has entered into these Terms of Service, and your users that you will not:
Intellectual Property
The intellectual property in the materials in Services is owned by or licensed to PowerInside Security Inc. You may download the FeelsArt.ai app to view, use, and display on your mobile device for personal use only.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service and may be terminated by the Company at any time.
User-Generated Content
We may allow you to create, store and share images (“User Content”). Except for the Company License you grant us below, you retain all rights in and to your User Content, as between you and us.
You grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of User Content in a manner that is consistent with your privacy preferences and our Privacy Policy.
The license you grant us can be terminated at any time by deleting User Content content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.
You give us permission to use your username and other identifying information associated with your account in a manner consistent with your privacy preferences and our Privacy Policy.
Eligibility
You must be at least 13 years of age to use Services and meet the minimum age of digital consent in your country. If you are under 18 years of age (or the age of legal majority in your country), you may only use Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a User under the age of 18 (or the age of legal majority), you are responsible for your child or ward and agree to be fully responsible for their acts or omissions. Please also read our Privacy Policy.
Privacy
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you when you use FeelsArt.ai. Transfer and storage of information about you whilst you use Services is governed by our Privacy Policy. You acknowledge and agree that your use of Services is subject to our Privacy Policy.
Automatic Updates
You give us permission to download and install updates to the FeelsArt.ai app on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting the FeelsArt.ai app from your device.
Liability
Services are provided on an 'as is' basis. To the extent permitted by law, Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall the Company or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use our Services, even if we or an authorized representative have been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under the statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of Materials
The materials appearing in Services are not comprehensive and are for general information purposes only. To the extent permitted by law, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in Services, or otherwise relating to such materials or on any resources linked to our Services.
Links
We have not reviewed all of the sites linked to Services or on its corresponding website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by us of the site. Use of any such linked website is at your own risk, and we strongly advise you to make your own investigations with respect to the suitability of those sites.
Notice regarding Apple
To the extent that you are using or accessing the FeelsArt.ai app on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the FeelsArt.ai app and any materials available on Services.
Apple has no obligation to furnish you with any maintenance and support services with respect to the FeelsArt.ai app.
If we fail to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the FeelsArt.ai app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to the FeelsArt.ai app or your use of the FeelsArt.ai app, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims to arise under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using the FeelsArt.ai app, including any Usage Rules set forth in the Apple App Store Agreement of Service.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.
You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Right to Terminate
We may suspend or terminate your account and right to use Services and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
Feedback
We welcome your feedback, questions, comments, suggestions, ideas, original or creative materials or other information you submit about Services or us (collectively, “Feedback”). You can submit Feedback by contacting us (see the How to Contact Us section). Your Feedback is non-confidential and will become our sole property. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to your Feedback and will be entitled to the unrestricted use and dissemination of your Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms and update the “Effective date” above. You are expected to check our terms regularly so you are aware of any changes, as they are binding on you. We may also attempt to notify you by providing notice through Services. Unless we say otherwise in our notice, the amended terms will be effective immediately, and your continued use of Services after we provide notice will confirm your acceptance of those changes. If you do not agree to the amended terms, you must stop using the Services.
Governing Law
These Terms of Use are governed by the law of Ontario, Canada, and you shall submit to the exclusive jurisdiction of the courts of Ontario, Canada.
How to Contact Us
If you have any questions, complaints or claims about these Terms or Services, please contact us via email at info@powerinside.com
When you create a FeelsArt.ai account or use Services, you agree to abide by these Terms of Service to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app, accessing our website, or using any other services provided by us.
If you access or download the FeelsArt.ai app from (1) the Apple App Store, you agree to any Usage Rules outlined in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions, including the Google Apps Terms of Service.
Health Disclaimer
Our Services should not be considered a substitute for therapy or other psychological or psychiatric treatment, nor should they be considered a substitute for a diagnosis or medical advice. No such representation or warranty is made, and the Services’ licensee should not delay in obtaining such intervention as a result of usage.
Notwithstanding the scientific research on journaling, Company makes no representation or warranty that the User’s mental health will improve. Reliance on Services and the information they contain is strictly at the User’s risk. If the Services’ licensee has been diagnosed with a psychiatric condition, they may wish to speak to their medical practitioner before use.
The Company makes no representation or warranty that Services will prevent, cure or treat diseases, disorders or conditions, including those related to cognition and the brain, but not limited to such.
We do not claim that any of the Services constitute a Medical Device, nor should the User regard them as such.
Services have been designed for general information purposes only. We make no representation or warranty regarding the accuracy, completeness, suitability and safety. The User assumes full responsibility, and Company is not liable for any consequences resulting from reliance.
Services should not be viewed as a substitute for addiction or rehabilitation programmes. Although the User may find them helpful in overcoming addictions, we make no representation or warranty that they are fit for this purpose. The Services’ licensee should not delay obtaining such intervention due to usage.
Specific provisions for image generation service
By using our Services, you're accepting the terms of CreativeML Open RAIL-M License.
We claim no rights to the content that is being generated by Services. Content is created and distributed under a CC0 license.
Limitations of Use
By using our Services, you warrant on behalf of yourself, any entity you represent who has entered into these Terms of Service, and your users that you will not:
- Modify, copy, prepare derivative works of, decompile, or reverse engineer Services or any materials and software contained within Services;
- remove any copyright or other proprietary notations from any materials and software contained within Services;
- transfer any of Services’ associated materials to another person or “mirror” the materials on any other server;
- knowingly or negligently use Services in a way that abuses or disrupts our networks or any other service we provide;
- use Services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- use Services in violation of any applicable laws or regulations;
- use Services to send unauthorized advertising or spam;
- harvest, collect, or gather user data without the user’s consent; or
- use Services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
Intellectual Property
The intellectual property in the materials in Services is owned by or licensed to PowerInside Security Inc. You may download the FeelsArt.ai app to view, use, and display on your mobile device for personal use only.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service and may be terminated by the Company at any time.
User-Generated Content
We may allow you to create, store and share images (“User Content”). Except for the Company License you grant us below, you retain all rights in and to your User Content, as between you and us.
You grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of User Content in a manner that is consistent with your privacy preferences and our Privacy Policy.
The license you grant us can be terminated at any time by deleting User Content content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.
You give us permission to use your username and other identifying information associated with your account in a manner consistent with your privacy preferences and our Privacy Policy.
Eligibility
You must be at least 13 years of age to use Services and meet the minimum age of digital consent in your country. If you are under 18 years of age (or the age of legal majority in your country), you may only use Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a User under the age of 18 (or the age of legal majority), you are responsible for your child or ward and agree to be fully responsible for their acts or omissions. Please also read our Privacy Policy.
Privacy
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you when you use FeelsArt.ai. Transfer and storage of information about you whilst you use Services is governed by our Privacy Policy. You acknowledge and agree that your use of Services is subject to our Privacy Policy.
Automatic Updates
You give us permission to download and install updates to the FeelsArt.ai app on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting the FeelsArt.ai app from your device.
Liability
Services are provided on an 'as is' basis. To the extent permitted by law, Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall the Company or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use our Services, even if we or an authorized representative have been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under the statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of Materials
The materials appearing in Services are not comprehensive and are for general information purposes only. To the extent permitted by law, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in Services, or otherwise relating to such materials or on any resources linked to our Services.
Links
We have not reviewed all of the sites linked to Services or on its corresponding website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by us of the site. Use of any such linked website is at your own risk, and we strongly advise you to make your own investigations with respect to the suitability of those sites.
Notice regarding Apple
To the extent that you are using or accessing the FeelsArt.ai app on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the FeelsArt.ai app and any materials available on Services.
Apple has no obligation to furnish you with any maintenance and support services with respect to the FeelsArt.ai app.
If we fail to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the FeelsArt.ai app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to the FeelsArt.ai app or your use of the FeelsArt.ai app, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims to arise under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using the FeelsArt.ai app, including any Usage Rules set forth in the Apple App Store Agreement of Service.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.
You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Right to Terminate
We may suspend or terminate your account and right to use Services and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
Feedback
We welcome your feedback, questions, comments, suggestions, ideas, original or creative materials or other information you submit about Services or us (collectively, “Feedback”). You can submit Feedback by contacting us (see the How to Contact Us section). Your Feedback is non-confidential and will become our sole property. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to your Feedback and will be entitled to the unrestricted use and dissemination of your Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms and update the “Effective date” above. You are expected to check our terms regularly so you are aware of any changes, as they are binding on you. We may also attempt to notify you by providing notice through Services. Unless we say otherwise in our notice, the amended terms will be effective immediately, and your continued use of Services after we provide notice will confirm your acceptance of those changes. If you do not agree to the amended terms, you must stop using the Services.
Governing Law
These Terms of Use are governed by the law of Ontario, Canada, and you shall submit to the exclusive jurisdiction of the courts of Ontario, Canada.
How to Contact Us
If you have any questions, complaints or claims about these Terms or Services, please contact us via email at info@powerinside.com
