Thank you for your interest in JoJo Ventures Limited ("Jojo Ventures Limited") and our Jif.Dev Platform at our website at https://chat.jif.dev/, along with our related websites, networks, applications, and other services provided by us. These Terms of Service (this "Agreement", "Terms of Service" or the "Terms") explain what rights you have with respect to your use of the platform, the prompts you might enter into, and images and other assets which you might generate on our platform (the "Service(s)"). Please read it carefully.
This Agreement constitutes the terms of service between end-users of the Jif.Dev website and the Jif.Dev web application (the "Customer", "you" or "your") and us. "Jif.Dev" is used to refer to the Jif.Dev website and the JifChat web application on our website.
These terms must be adhered to by all users of the Jif.Dev image generation and posting service and are agreed upon during account creation. If you do not agree to these terms, you must not use Jif.Dev's image generation or posting service nor use the Jif.Dev web application, and you must delete your account if you have already made one.
This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the "Effective Date") or to receive the Services. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If you do not agree to this Agreement, please stop using the Services immediately.
Jif.Dev Accounts and Provided Services
Account Requirements
An account is required to access the image generation functionality as well as the image posting function of Jif.Dev. When you create an account, you must provide true, complete, accurate, and up-to-date information. It is important that you maintain and promptly update your account details and any other information you provide to us to keep such information current, accurate, and complete.
Age Requirements
You confirm that you are at least 18 years old to use the Services. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years old, that you have not previously been suspended or removed from the Services, and your registration and use of the Services comply with all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have the authority to bind you to these Terms and you agree to be bound by these Terms.
Account Security and Responsibility
You are solely responsible for:
- Maintaining the security and confidentiality of your account login details.
- All activities on the platform that occur under or through the use of your account.
- Any losses incurred by you as a result of or arising from any unauthorized access to your account by a third party. If you believe that your account is no longer secure, you should immediately notify us at support@Jif.Dev.
Intellectual Property Rights and Content Ownership
Ownership of Generated Content
You may provide input into the Services, which may include images, data, text, and other types of work ("Input(s)") and receive an output from the Services based on your Input ("Output(s)", and collectively, the Input(s) and Output(s) are the "Assets" or "User Content"). You retain copyright and any other proprietary rights that you may hold in the Input. Your ownership rights in the Output are set forth and subject to terms ("AI Model Terms") for each generative artificial intelligence model ("AI Model") you use.
License Grant
You grant us a perpetual, irrevocable, worldwide, non-exclusive, transferable, royalty-free, and sub-licensable right and license to use your Assets for any purpose. This license survives the termination or expiry of our agreement with you for any reason. In this clause, to "use" means: to reproduce, modify, adapt, prepare derivative works of, communicate to the public, publicly perform or display, distribute, and otherwise use or exploit.
Waiver of Moral Rights
To the extent permitted by law, you hereby waive any moral rights (including the right to be identified as the author or to object to derogatory treatment of work) or other similar or equivalent rights in respect to your Assets. To the extent such waiver is not effective, you agree not to enforce any such rights against us.
Third-Party Rights
You represent and warrant that your use of the Services does not and will not violate any third party's intellectual property rights, including copyright, trademark, patent, trade secret, moral rights, or other proprietary rights.
User Conduct and Prohibited Activities & Content Moderation
Acceptable Use
You agree to use the Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Services:
- In any way that violates any applicable national, federal, state, local, or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
- To generate or disseminate verifiably false information with the purpose of harming others.
- To generate or disseminate personally identifiable information that can be used to harm an individual.
- To defame, disparage, or otherwise harass others.
- For fully automated decision making that adversely impacts an individual's legal rights.
- For any use intended to discriminate against or harm individuals or groups based on online or offline social behavior or personal characteristics.
- To exploit vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics.
- To provide or obtain medical advice or interpretation of medical results.
- To generate information for administration of justice, law enforcement, immigration or asylum processes.
- To violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right.
- To perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, or accessing another user's account without permission.
- To create or use multiple accounts for the primary purpose of manipulating statistics, or otherwise abusing the Services.
- To use bots, scripts, or any form of automation to manipulate the system or statistics.
- To sell or otherwise transfer the access granted under these Terms, including sharing your account with other individuals.
- To violate the Terms of Service for any AI Model you are using.
Prohibited Content
You may not use the Services to communicate, produce or make available any material or content which:
- Is defamatory, obscene, offensive, pornographic, hateful, or inflammatory.
- Would constitute, encourage, or provide instructions for a criminal offense or illegal activities.
- Is deliberately designed to provoke or antagonize people, including trolling and bullying.
- Contains threats of violence or encourages violence against any person or group.
- Is discriminatory based on race, religion, age, gender, disability, or sexuality.
- Uses, reproduces, or is based on the likeness of real people - living or deceased - including public figures, celebrities, influencers, and private individuals, in any context.
- Involves minors (under 18) in any sexualized context or context that insinuates, or portrays sexual intent, including but not limited to stylized, anime, or cartoon content depicting children in inappropriate or sexualized situations, "Loli", "Lolicon", "Shota", "Shotacon" content, or photorealistic depictions of minors in any context.
- Depicts incest, child abuse, exploitation, endangerment, rape, sexual violence, or domestic abuse.
- Depicts human death, brutal violence, or graphic injuries.
- Depicts bestiality.
- Includes weapons aimed at or pointed toward individuals.
- Promotes or depicts illegal substances or regulated products (e.g. narcotics, pharmaceuticals).
- Depicts self-harm, body image disorders, or promotes dangerous behavior, such as cutting, mutilation, suicide themes, anorexia, bulimia, or other disordered eating patterns.
- Promotes hate, harm, or extremist ideologies, including hate speech or imagery targeting groups or individuals, or extremist propaganda or incitement to violence.
- Is misleading or impersonated content, such as falsely labeled content claiming to be from another creator, impersonation of real individuals or creators, or requests for likenesses of real people, living or deceased.
- Removes clothing, sexualizes or otherwise "nudifies" real individuals. Any content that violates one of these terms above but has been self-censored using black bars, blurring, or other means may also be flagged or removed.
Technical Restrictions
You may not:
- Copy, decipher, modify, adapt, translate, reverse engineer, disassemble, decompile, or create derivative works based on the Services.
- Modify or remove any copyright, trademark, or proprietary notices from the Services.
- Distribute, license, transfer, or sell any part of the Services.
- Use automated scripts or technologies to collect information from or interact with the Services, including accessing, searching, or otherwise using any portion of the Services through any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than those provided by Jif.Dev.
- Upload, transmit, or distribute any malware, viruses, or other harmful code, including virus, adware, spyware, worm, or other malicious code.
- Interfere with the proper working of the Services or bypass security measures, including security-related features of the Services.
- Make any unsolicited offer or advertisement to other users of the Services.
- Collect personal information about another user of the Services or third party without consent.
- Interfere with or disrupt any network, equipment, or server connected to or used to provide the Services.
Content Moderation, Reporting, and IP Protection
Jif.Dev does not control and does not have any obligation to monitor User Content or content made by third parties, or the use of the Services by its users. However, Jif.Dev reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Services for operational and other purposes and moderate all User Content on the Services, at its discretion. Even if at any time Jif.Dev chooses to monitor or moderate the content, Jif.Dev assumes no responsibility or liability for User Content or any loss or damage incurred as a result of the User Content. Jif.Dev respects the intellectual property rights of others and takes their protection very seriously, and expects users to do the same. Infringing activity will not be tolerated on or through the Services.
Input Representations and Warranties
You are solely responsible for your Inputs and their consequences. By providing Inputs, you affirm, represent, and warrant that:
- You are the creator and owner of the Inputs, or have obtained all necessary licenses, rights, consents, and permissions to authorize Jif.Dev to use, reproduce, and distribute your Inputs as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Jif.Dev, the Services, and these Terms; and
- Your Inputs, and the their use as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Jif.Dev to violate any law or regulation.
Content Generation and AI Model Limitations
Third Party AI Models
You acknowledge and understand that Jif.Dev is providing a platform where users can access a variety of AI Models provided by third parties (by routing API calls to various providers) which process your Input and produce the Output. You acknowledge that some AI Models may store or train on your Inputs for improving their own models. Jif.Dev may add or remove AI Models from the Service at any time.
Unpredictable Behavior
Outputs generated using our platform or the Services rely on computational models outside of the control of Jif.Dev and may exhibit unpredictable behavior. As such, we do not promise that the Outputs will be what you expect, or unique, nor that they will be faithful to your Input or accurately depict what you are looking for. Similar Outputs may (particularly if Inputs are similar, but not always) be provided to different users.
No Guarantees
We make no representations or warranties about the quality, accuracy, or appropriateness of any content generated through the Services. You are solely responsible for evaluating and determining the appropriateness of using or redistributing any content generated using our Services.
Monetization and Payment Terms
Pre-paid Credits and Subscription Fees
Certain features of the Services may require you to pay a regular subscription fee or fees for pre-paid credits ("Credits") to make API calls and to access the Services. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in Hong Kong Dollars and are non-refundable, except as required by law.
Credit Expiration
Jif.Dev reserves the right to expire unused credits three hundred sixty-five (365) days after purchase. When purchasing Credits, you will have the option to automatically add Credits to your account by charging the payment method of your choosing when your available Credits are below a threshold amount you have set on your account ("Auto Recharge"). If you elect the Auto Recharge option, you authorize Jif.Dev to automatically charge payments to your account. You may update or cancel Auto Recharge at any time through your account page.
Price
Jif.Dev reserves the right to determine pricing for the Services. Jif.Dev will make reasonable efforts to keep pricing information published on the Services up to date. We encourage you to check our pricing page(s) periodically for current pricing information. Jif.Dev may change the fees for any feature of the Services, including additional fees or charges, if Jif.Dev gives you advance notice of changes before they apply. Jif.Dev, at its sole discretion, may make promotional offers with different features and different pricing to any of Jif.Dev's customers. These promotional offers, unless made to you, will not apply to you.
Payment Processing
Jif.Dev may contract with a third party to process payments submitted through the Services (the "Payment Processor"). Users may be required to provide their payment method details to the Payment Processor. Before you pay for the Services through the Payment Processor, you will have an opportunity to review the amounts that you will be charged.
Authorization
You authorize Jif.Dev to charge all sums for the orders or purchases that you make and for the Services as described in these Terms or published by Jif.Dev, including all applicable taxes, to the payment method specified in your account or otherwise provided to us. If you pay any fees with a credit card, then Jif.Dev may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Delinquent Accounts
Jif.Dev may suspend or terminate access to the Services, including fee-based portions of the Services, for any account for which any amount is due but unpaid. In addition to the amount due for the Services, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time fees are due, then Jif.Dev reserves the right to delete your account and any information or User Content associated with your account without any liability to you.
Termination
Termination by Us
We reserve the right to temporarily or permanently suspend or terminate your account or impose limits on or restrict your access to parts or all of the Services with or without notice at any time for any or no reason including without limitation:
- If we believe you have violated this Agreement.
- If activities occur under your account which would or might cause damage to us or other users.
- In response to requests by law enforcement or other government agencies.
- Due to unexpected technical or security issues.
- If your account remains inactive for an extended period.
Effect of Termination
Subject to any statutory rights you might have, if your account is temporarily or permanently suspended or terminated, access to your account and any related information or content associated with your account may be suspended or terminated. We do not guarantee the permanent availability of your content, so you should regularly make backups of any content you value.
If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account using a different name, e-mail address or other forms of account verification. Upon termination, you must immediately cease all use of the Services, and you will no longer be authorized to access your account or the Services. You must pay Jif.Dev any unpaid amount that was due prior to termination.
Disclaimer of Warranties
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS.
- YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE COMPLETE, ACCURATE, OR RELIABLE.
WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE PLATFORM AND/OR SERVICES FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS).
OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID TO US WITHIN THE LAST TWELVE (12) MONTHS OR THREE HUNDRED HONG KONG DOLLARS (HK$300), WHICHEVER IS HIGHER.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS JIF.DEV AND JOJO VENTURES LIMITED, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES INCLUDING LEGAL FEES AND COSTS, ARISING FROM: (A) YOUR USE OF THE SERVICES OR YOUR VIOLATION OF THESE TERMS; (B) YOUR USE OF THIRD-PARTY API SERVICES ACCESSED THROUGH THE SERVICE; OR (C); YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING ANY INTELLECTUAL PROPERTY RIGHT OR PUBLICITY, CONFIDENTIALITY, OTHER PROPERTY, OR PRIVACY RIGHT.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to co-operate with our defense of those claims.
Privacy and Data Protection
Please read our Privacy Policy carefully which governs our collection, use, and disclosure of your personal information. By using the Services, you consent to our Privacy Policy and our processing of your information as set forth therein.
Third-Party Services
Jif.Dev may provide tools through the Services that enable you to export information, including User Content, to third-party services, including through features that allow you to link your account on the Services with an account on the third-party service. By using one of these tools, you hereby authorize Jif.Dev to transfer that information to the applicable third-party service. Third-party services are not under Jif.Dev's control, and, to the fullest extent permitted by law, Jif.Dev is not responsible for any third-party service's use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Jif.Dev's control, and Jif.Dev is not responsible for their content. Please be sure to review the terms of service and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, Jif.Dev will have no control over the information that has been shared.
Miscellaneous
Entire Agreement
This Agreement constitutes the entire agreement between you and JoJo Ventures Limited regarding the Services, superseding any prior agreements.
Severability
Any provisions of this Agreement prohibited by or are unlawful or unenforceable under any applicable law actually applied by any court of competent jurisdiction shall, to the extent required by such law, be severed from this Agreement and rendered ineffective so far as is possible without modifying the remaining provisions of this Agreement.
No Waiver
Our failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision.
Security
We do not guarantee that our Services will be secure or free from bugs or harmful code. You are responsible for configuring your information technology and computer programs to access our Services. You should use your own virus protection software.
Contact Information
The Services are provided by JoJo Ventures Limited, with its registered office at Unit 2A, 17/F., Glenealy Tower No.1, Glenealy Central, Central, Hong Kong. If you have any questions about these Terms, please contact us at support@Jif.Dev.
No Support
We are under no obligation to provide support for the Services. In instances where we may offer support, the support will be subject to published policies.
Governing Law and Jurisdiction
These Terms of Service will be governed by and construed in accordance with the laws of Hong Kong, and the courts of Hong Kong will have exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Service.