Alpha Mobile Limited Terms of Use for Manly
1. Terms
By using Manly (the "App"), you are agreeing to be bound by these terms of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using the App. The materials contained in this App are protected by applicable copyright and trademark law.
2. Use License
2.1 License Grant
Permission is granted to temporarily download one copy of the materials (information or software) from Alpha Mobile Limited's website for personal, non-commercial transitory viewing only. This grant provides a license rather than a transfer of title. Under this license, you may not:
2.2 Compliance with Laws
In using the materials provided by the App, you agree to comply with all applicable laws and regulations concerning data protection and privacy.
2.3 License Termination
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Alpha Mobile Limited at any time. Upon termination of your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
2.4 Rights to User-Generated Content
Users retain full rights to images, videos, and any other content they create using their materials through this application. Users have complete authority to use such content for personal, commercial, or public display purposes without any restrictions imposed by Alpha Mobile Limited.
3. Disclaimer
3.1 Alpha Mobile Limited shall have no liability for conduct in relation to your use of the App. You may not use the App unless you are the copyright holder or you have obtained all necessary rights and licenses to use all images and other material that make up your creation on or via the App.
3.1 The materials on Alpha Mobile Limited' website are provided on an 'as is' basis. Alpha Mobile Limited 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.
3.3 Further, Alpha Mobile Limited does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall Alpha Mobile Limited or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the App and the materials on Alpha Mobile Limited' website, even if Alpha Mobile Limited or a Alpha Mobile Limited authorized representative has been notified orally or in writing of the possibility of such damage. 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.
The materials appearing on Alpha Mobile Limited' website and the App could include technical, typographical, or photographic errors. Alpha Mobile Limited does not warrant that any of the materials on its website are accurate, complete or current. Alpha Mobile Limited may make changes to the materials contained on its website at any time without notice. However Alpha Mobile Limited does not make any commitment to update the materials.
6. Modifications
Alpha Mobile Limited may revise these terms of use for its website and the App at any time without notice. By using this website and the App you are agreeing to be bound by the then current version of these terms of use.
Alpha Mobile Limited Privacy Policy for Manly
Your privacy is important to us.
Alpha Mobile Limited ("Manly", "us", "our" or "we") is dedicated to protecting the privacy rights of our users ("users" or "you") regarding any information we may collect while operating our website and while you are operating our mobile applications available on mobile app stores (including Apple App Store and Google Play) and mobile platforms (including iOS and Android) (collectively, the "Services"). Accordingly, we have developed this privacy policy in order for you to understand how we collect, use, communicate, disclose and otherwise make use of personal information you provide or we collect.
BY USING OUR SERVICES, YOU ARE EXPRESSING YOUR CONSENT TO THIS POLICY AND THE COLLECTION AND PROCESSING OF YOUR DATA, INCLUDING YOUR PERSONAL INFORMATION, IN THE MANNER PROVIDED IN THIS POLICY. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS POLICY OR REVISED VERSION, PLEASE DO NOT USE OUR APPS OR SERVICES.
When you use our Services on your mobile device, we may collect and record certain information about your device, such as its International Mobile Equipment Identity ("IMEI"), Identifier for Advertising ("IDFA") and Identifier for Vendor ("IDFV"), Integrated Circuit Card Identifier ("ICCID"), Media Access Control ("MAC") address, model and resolution, which will be used by us to calculate the number of devices that use our products and Services and analyze data on device models and graphics adaptation. Additionally, we may collect and record the Language & Region information from your device's settings, which will be used to provide better customer support when you reach out to us via Email or the in-app feedback system.
We do NOT collect any personal data. Our definition of personal data is information that relates to an individual and could be used to identify them. This includes but is not limited to: first and last name, home address, telephone number, date of birth, email addresses, bank account details, financial history, among others. In particular, we do not collect, record or store any face data. As no face data is collected, none will be shared with any third parties.
3.1 User Data Deletion
User data is automatically cleared from our cache every 30 days to ensure privacy and efficiency.
3.2 User Privacy Rights
Users can request the deletion of their data at any time. We have implemented a feature within the app that allows users to delete their data immediately from within the app settings.
We may collect and use information about you, such as your device identifier, MAC address, and IMEI for the purpose of the tracking of the advertising. This information is used together to create a unique user number to help us to better count and track advertising. This information is NOT SOLD to outside parties.
5.1 Third Parties' Services
Our Services provided to you may contain third party tracking tools from our service providers. These third parties may use Cookies, Application Programming Interfaces (APIs) and Software Development Kits (SDKs) on our Services and collect and analyze user information on our behalf. Third parties may access your information such as your device identifier, MAC address, IMEI, region (defined as the location where a given language is used), location information and IP address for the purposes of implementing our Services provided under their respective privacy policies. This Policy does not govern the use of third-party tracking tools. We have no access to or control over such third parties.
5.2 How We Use Your Information
We collect user information and personal details so that we can provide our products and Services to you and ensure our compliance with relevant laws. We will use your user information and personal details as provided under "The Information We Collect" for the following purposes:
i.Services. To provide, process, maintain, improve and develop our Sites and/or our Services provided to you, including customer support, and other services provided through our devices or our Sites.
ii.Statistical analysis. To develop and analyze statistics on the use of our products and Services for the purpose of improving our products and our Services.
iii.To improve user experience. Certain optional features such as user experience programs allow Alpha Mobile Limited to analyze data regarding the use of our products and our Services and improve user experience.
iv.To provide push services. Your device information may be used by us to provide push services to assess the performance of adverts and the success of software updates, or provide notifications on new product releases. You may turn off this feature at any time by changing your preferences under "Settings".
v.To collect feedback from you. Your feedback is of great value in helping Alpha Mobile Limited improve our Services. To keep track of your feedback, Alpha Mobile Limited may use the personal details provided by you to contact you and retain the records.
5.3 Limited Disclosure of Information
We will not sell any personal details to third parties. We have no right to share with or disclosure to third parties your personal details in whole or in part except for the purposes of:
5.4 Security of Information
We use a variety of security technologies and procedures for the purpose of preventing loss, misuse, unauthorized access or disclosure of the Information. Please note that no data security measures can guarantee 100% security at all times. Our systems and the communications networks through which you access our services may be subject to security breaches and failures which are due to circumstances beyond our reasonable control.
5.5 Your Consent to International Transfer
You understand and agree that (i) we may collect and store your information, as outlined in this Policy, within servers located in the People's Republic of China ("PRC"), as well as other countries, and that this process would include international transfer of your information; and (ii) we may transfer information that we collect about you to our affiliated companies or to other third parties (please refer to "Third Party Services" in this Policy) across borders according to this Policy. Please note that these countries and jurisdictions may not have the same data protection capacity as your own jurisdiction, and you, therefore, consent to the transfer of information to PRC and the use and disclosure of information about you, including personal information, as described in the Policy.
5.6 Governing Law and Dispute Resolution
The Policy, including, but not limited to, its conclusion, validity, construction, performance and settlement of the disputes, shall be governed by the laws of the People's Republic of China ("PRC"), without giving effect to the principles of conflict of law. Any disputes arising from, or in connection with the Policy shall be first settled through friendly negotiation between you and us. In the case where no settlement to the disputes can be reached through amicable negotiation, the disputes shall then be submitted to China International Economic And Trade Arbitration Commission for arbitration in accordance with its arbitration rules in force at the time of application for arbitration. The arbitration shall proceed in Beijing, People's Republic of China. The arbitral award is final and binding upon both parties. The arbitration fees shall be borne by the losing party except otherwise awarded by the arbitration commission.
5.7 Amendment to the Policy
You agree that we may update or revise this Policy in order to comply with the laws and regulations or our new commercial arrangement and you consent to be bound by the revised version of this Policy.
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE POLICY CONTEMPLATED HEREBY. ANY DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY A BINDING AND INDIVIDUAL ARBITRATION AS SET OUT UNDER THE POLICY.
Alpha Mobile Limited AI Terms of Use for Manly
This Agreement is entered into by and between the user ("Users"or"you") and Alpha Mobile Limited ("Manly", "us", "our" or "we"), and governs the use of the face-swapping tool ("AI Feature"). By using the AI Feature, the User agrees to comply with the terms and conditions set forth in this Agreement.
1. User-Uploaded Content
1.1 Responsibility
The User acknowledges that they are solely responsible for the content they upload, including but not limited to photos and videos for our features.
1.2 Rights and Permissions
The User must ensure that they have the necessary rights and permissions for the content uploaded, and must not infringe upon the intellectual property rights of others，including but not limited to, copyrighted images, trademarks, or any other proprietary material. The company does not endorse or accept any liability for the content uploaded by users.
1.3 Indemnification
The User agrees to indemnify Manly for any claims arising from their use of the AI Feature and any uploaded content that violates the rights of others.
1.4 Content Review
Manly reserves the right to investigate and take appropriate action, including the removal of content, in response to concerns about potential copyright infringement or unauthorized use of third-party content.
2. Ownership and Use of Artworks
2.1 Risk Acknowledgment
The User acknowledges that the use of the AI Feature is at their own risk, and that Manly makes no representation or warranty regarding any Artworks created using the AI Feature.
2.2 User Ownership
The User owns the content they upload, including Text Cues, Image Cues, and Artworks, and grants Manly the necessary rights and licenses as set forth in this Agreement.
2.3 Company's Rights
Manly will not resell Artworks created by the User or assert any copyright in such Artworks against the User, provided that the User complies with this Agreement.
3. Trademarks and Illicit Content
3.1 Trademark Usage
The User may not use or register any trademark that is confusingly similar to any trademarks associated with the AI Feature.
3.2 Illicit Content Policy
Manly respects the rights of copyright owners and will respond to notices of copyright infringement in accordance with its Illicit Content Policy.
4. Limitation of Liability and Indemnification
4.1 Disclaimer of Warranties
The AI Feature is provided on an "as available" basis, and Manly disclaims any and all warranties, representations, conditions, and guarantees.
4.2 No Liability for Prohibited User Content
The User agrees not to hold Manly responsible for any content accessed through the AI Feature and waives any legal or equitable rights or remedies in this regard.
4.3 Indemnity
The User agrees to defend, indemnify, and hold harmless Manly from any claims arising from their use of the AI Feature and any uploaded content.
5. Miscellaneous
5.1 Epilepsy Warning
The User is warned about potential health risks related to the use of the AI Feature, including flashing lights and effects, and is advised to consult a doctor if necessary.
5.2 Governing Law and Dispute Resolution
Any disputes arising from this Agreement will be resolved through binding arbitration, governed by the laws.
5.3 Termination
Manly reserves the right to suspend or terminate this Agreement at any time, for cause or for convenience. This draft includes sections addressing user-uploaded content, ownership of artworks, trademarks, illicit content, limitation of liability, indemnification, an epilepsy warning, and miscellaneous provisions. It is important to review this draft with legal counsel to ensure compliance with relevant laws and regulations.