Effectiveness date: June 2024

General

The present Terms of Service explain the conditions and rules that govern the download and use of the application: Mirage (hereinafter, “the App”), which is owned and operated by MAETCH EXPANSION, S.L., a private company holding TAX ID number B04963823, and its registered office at Calle Travessera de Gràcia 56, 3rd floor, 1st door (08006, Barcelona) and contact email: info@mirageai.app (hereinafter, “the/our Company”, “We”, “us”, “our”). The App is not affiliated with any other platforms or third parties.

The download and/or use of the App attributes the status of User to the person accessing the App and implies that you have read and fully understood the content of the present Terms of Service and you fully accept the present Terms of Service (hereinafter “the User”, “you”, “your”). Therefore, if you do not agree with these Terms of Service, please do not carry out any of the aforementioned actions.

The Company reserves the right to update these Terms of Service, in accordance with new legislative and/or jurisprudential requirements and/or business needs or interests, at any time and without prior notice to the User. Therefore, we recommend the User periodically reviews the applicable Terms of Service.

The Company reserves the right to suspend and block or eliminate the access of a User to the App in the event that they breach any part of these Terms of Service.

The nullity, total or partial, of any of the provisions of these Terms of Service by any judicial decision, will not affect the validity of the other provisions.

For any doubt or question related to these Terms of Service, please contact us by email: info@mirageai.app.

App’s Services

The App consists in offering Users the possibility to generate and/or restyle images, with private and non-commercial use, based on the description of its content, either by indicating a written prompt or by uploading an already existing image (hereinafter, “the Services”).

The App offers functionalities such as (by way of example, but not limited to):

- Creating an AI generated image by indicating a written prompt.

- The User can define the “style” of the resulting AI generated image by selecting a sample image from the catalogue of the App.

- Restyling an image by uploading an already existing one and choosing a specific style.

- Providing examples of prompts you can use to generate AI images.

- Exporting the resulting AI generated images.

- Accessing the User history of previously used prompts and generated images.

Please note that the Company reserves the right to update features and/or functionalities of the App at any time. Please refer to the “Updates” section of these Terms of Service.

Remarks:

- The App is available for the following mobile operating systems and devices: iPhone 7 or later, using iOS 15 or newer.

Access and Use of the App

- To download and/or use the App, the User must be an adult according to the laws and regulations of your birth or residence country and/or state.

- To download and/or access the App, the User must ensure to have an Internet connection.

- To use the App, the User must allow the App to access certain functionalities of their smart devices, such as, but not limited to, accessing the User device’s camera roll.

- The use of the App is free of charge as well as some features:

(i) to generate a limited number of AI generated images by writing a limited number of prompts.

(ii) to upload and restyle a limited number of images using the AI generating service.

(iii) to preview and export a limited number of generated images. For non subscribed users, the exported images may contain a watermark.

- If the User desires to export the generated images without the watermark and/or with a certain quality and size, you must contract one of the subscription plans offered. Please refer to the “Subscription and Payment” section of these Terms of Service.

- If the User decides to select and pay for a subscription plan in order to export the desired generated image without the watermark and/or with a certain quality and size, or in order to generate an increased number of images, the User will automatically be conferred with the status of Customer (hereinafter, the “Customer/s”). Such status implies full acceptance of the present Terms of Service and, in particular, abides with the costs of our Service option or subscription plan.

Remarks:

- We do our best so that the App is available at all times for the User and to maintain a safe and error-free environment. However, we cannot guarantee that:

a) the App will be maintained without interruptions, delays, errors or omissions for external reasons beyond our reasonable control, as well as for possible damages that may be caused by third parties through illegitimate intrusion beyond our control.

b) third party AI (Artificial Intelligence) system provider and/or software will remain free of modifications, suspension and/or interruptions, delays, errors and/or omissions due to i.e (i) periodic maintenance, repairs or replacements that the provider undertake from time to time; (ii) interruptions or failure of telecommunication or digital transmission links or other failures.

On this basis, the User acknowledges and agrees that the Use of the App’s functionalities is at his/her own risk and the Services are provided “AS IS”.

- We may limit the availability of the App and/or of specific features or functionalities to Users from certain geographic locations at any time. Access to the App from an unauthorized location is entirely at the User’s own risk and responsibility.

- The images uploaded to and/or generated by use of the App may be stored in our third party AI system provider’s servers for a limited period of time, after which they will be securely and permanently deleted.

- The User will have access to a limited history within the App of previously used prompts and generated images. However, the images generated by use of the App will not be stored in our App’s servers, therefore, if the User deletes the App, you will not have a record of previously generated images, not even after reinstalling the App.

Updates

The Company is committed to ensure that the App is as useful and efficient as possible. For that reason, the Company reserves the right to make changes to the App and the Company may add, modify or eliminate features and/or functionalities at any time, for any reason, which are accepted by the User when installing the App. In any case, when making such changes, the User will be notified through the same App. We will never charge you for the App or its services without making it very clear to you exactly what you’re paying for. If a new version of the App is launched or if new features and/or functionalities are added, we may ask you to update the App on your electronic device.

User Commitments (Code of conduct)

By using the App, the User agrees to (including but not limited to):

- Not to impersonate another individual on behalf of a third person (unless you have their express written permission).

- Not to infringe on the intellectual property or other rights (trademarks, trade secrets, etc) of third parties by using the app’s service.

- Not to use the information in the App to carry out illegal, deceptive or fraudulent activities, or for illegal or unauthorized purposes.

- Not to use the Services to generate content in relation to, or in order to commit, promote, contribute or, in any possible way, take part in: violence, terrorism, generation of harmful and/or discriminatory content, exploitation or harm to children, encouragement or instructions on self harm, human trafficking, exploitation and sexual violence, non consensual nudity, pornography, fraud, spam, disinformation or misleading people into believing the AI generated image are human-generated.

- Not to take any action that interferes or prevents the proper functioning and/or that may affect the availability, security and/or integrity of the App.

- Not to insert and/or execute expressions, commands or codes that, directly or indirectly, interfere, manipulate and/or damage any element of the App, especially its source code. Likewise, the User agrees to not reverse engineer the software to discover the App’s source code and/or to scrape or extract technical data from our App.

- Not to use the App on behalf of third parties or use the App for commercial purposes.

- Not to transfer the license granted to download, access and use the App and/or any of his/her rights or obligations under these Terms of Service without the express written consent of the Company.

- Not to breach the Company’s intellectual property rights, this includes but is not limited to, using, modifying, creating derivative works of, transfering (by sale, resale, license, sublicense, download or otherwise), reproducing, distributing, displaying or disclosing any of the contents of this App, without prior written authorisation from the Company.

- Not to infringe on the intellectual property or other rights (copyright, trademarks, trade secrets, etc) of the Company or third parties, whether they are natural persons or legal entities.

- Not to execute reverse engineer, decompile, disassemble or any other illicit practice, including circumvention, disable or otherwise interfere with security-related features of the App nor even is allowed to include the App into another third party service or website to make it available via framing or mirrors.

- Comply with the use restrictions set forth in CreativeML Open RAIL-M license for text-to-image models.

Remarks:

- The Company makes no warranties regarding the User and customer behavior and will not be held responsible in this regard. The User is individually and solely responsible for his/her actions, before the Company and/or third parties, for damages caused by the inappropriate behavior.

- The Company reserves the right to block or eliminate access to the App and/or to certain functionalities of the App, in cases that the Company detected any content that does not comply with legal matters and security measures, to Users for the aforementioned actions as well as any other that are contrary to good faith or that harm the rights of third parties and/or that infringe the laws and regulations applicable to the App and/or the Company.

- The Company, in its sole discretion, may eliminate access to the App for a User at any time without stating the reasons behind its decision.

Subscription and Payment

As explained in the sections above, Users can access and try the App’s functionalities without being charged with a fee nor implying any cost. However, if Users wish to export the desired image without the included watermark and/or with a certain quality and size, and/or want to increase the number of images they can generate, they must choose a subscription plan. The App will display several subscription options from weekly to yearly subscriptions to cater to the diverse needs and preferences of the User. The App also offers a catalog of quota packs that can be purchased by subscribed Users to further increase the number of AI images they can generate within a determined period of time.

Remarks:

- By subscribing to a plan, the User acknowledges and accepts the price and receipt of an automatic and recurring billing charge based on the chosen option.

- By purchasing a quota pack, the User acknowledges and accepts the price and receipt of the corresponding billing charge based on the chosen option.

- Once purchased, the quota packs will expire and, therefore, will stop being available for User to use, when any or all (alternatively or cumulatively) of the following circumstances are met:

(i) the User unsubscribes from the then current active subscription plan.

(ii) after 12 months of the date of the quota pack’s purchase by the User.

- The Company reserves the right to update the types, conditions and price of the subscription plans and quota packs offered, at any time, depending on its business objectives, strategy and needs, without prior notice to Users. Changes will be effective when published on the App.

- The subscription plan and quota packs costs may vary depending on the country/state selected.

- The subscription plan and quota packs costs will be charged to the debit/credit card associated with the User account in Apple. The User can see the invoices in the Account section.

- The subscription plan will be automatically renewed at the end of the recurring billing period if the User does not cancel it (to avoid the charges, the User must cancel at least 24 hours before the end date of the current service period). The renewal will be for the same fixed-term period.

- Bear in mind that directly removing the App from your device, does not imply the deactivation of the subscription plan.

- If the User has requests in regards to the charges made, you must directly contact Apple.

- If recurring billing cannot be processed correctly, the Company reserves the right to either interrupt and/or block the User’s access to the App without previous notice. Therefore, the User shall ensure that its payment method is active and/or it has sufficient funds for charging the subscription price.

Refund Policy

Refund requests will be exclusively handled by Apple as they are the only ones in charge to approve them or deny them in accordance with its own rules and regulations. In the event that Apple does not approve the refund request, no refund will be made by our Company. Moreover, Apple will be the ones who will establish the period of time in which the User will receive, if approved, the refund according to their own policies, so that the Company cannot assume any responsibility in this regard.

In the same sense, no refund will be made by our Company for discontinuation of the use of the Service to which the user had subscribed to.

For further information regarding a refund request to Apple check the following link: https://support.apple.com/en-us/HT204084.

Intellectual Property Rights

The App itself and all the elements contained within this App, whether it be texts, articles, descriptions, trademarks, images, graphics, sounds, videos, brands, logos, copyright, database rights, interactive features or any other element, its structure and design, the selection and presentation of the content and elements included therein, and the software necessary for its operation, access and utilization are the property of the Company or the partners of the Company with whom we have submitted the corresponding licenses. All the elements of the present App are protected by intellectual property rights that must be respected by the User. This is made explicit via the copyright notice in the App’s website homepage.

The download and/or use of the App does not under any circumstance transfer the Company’s intellectual property rights to the User. The User is only granted access with a worldwide, limited, non-exclusive, non assignable, non-sublicensable, revocable license to access and use the app for his/her personal use. However, such a license does not give the User the right to and therefore should not attempt to:

- Reproduce, copy, distribute, publicly communicate or display, transform, modify the App or our trademarks in any way or, in general, make use of any of the protected elements of this App for commercial purposes or not, without the Company’s prior written consent. You are not allowed to and therefore not attempt to extract the source code of the App. Any of the aforementioned actions are expressly and totally forbidden and will cause the termination of the license granted to the User.

- Use of the features and functionalities offered by the App for other purposes other than those set out in these Terms of Service.

- Insert and/or execute expressions, commands or codes that, directly or indirectly, interfere, manipulate and/or damage any element of this App, especially its source code.

Moreover, note that the Company reserves all intellectual property rights that are not expressly indicated in these Terms of Service and that correspond to us in accordance with the currently applicable laws and regulations.

The Company reserves the right to take any and all necessary legal actions, including compensation for direct and indirect damages, at our disposal that will be considered appropriate for the best defense of our legitimate rights and interests, in the event of an infringement of our intellectual property rights.

Exemption of Liability

The App is provided “as is'' without any warranties, either expressly or implied including but not limited to guarantees of fitness for a particular purpose; and, consequently, the download and/or use of the App is at the User’s own risk and responsibility.

Neither the Company nor its partners, suppliers, employees or representatives will consequently be liable for any error or omission on the App or if the content and information provided by the App is used by a User or a third party for unlawful purposes and/or to cause damage to third parties or to the Company’s reputation, rights or legitimate interests.

Likewise, the Company will not assume any responsibility when:

- Users under the required legal age according to the laws and regulations of their birth and/or residence country/state. It is the responsibility of their parents and/or legal guardians to exercise adequate control over the mobile phone and/or activity or use of the Internet by their dependent children or minors.

- The Users share through the App content and/or images that are not of their ownership but belong to third parties, protected by the corresponding intellectual property rights, and for which the User has not their authorization to use. They are the sole responsible for such infringement.

- The Users share through the App content and/or images that are not of their ownership, or that include third parties personal data and/or information. They are the sole responsible for obtaining the consent of said third party/ies and for the disclosing of the above mentioned information.

- The content/images generated by use of the App, has been created making inappropriate or malicious use of prompts and/or other Artificial Intelligence (AI) functionalities that may be offered on this App.

- The content/images that contain personal data of individuals who have not given their consent to process it.

- The content that could be provided by third parties through our application, such as AI generated images, contains inappropriate, illegal, offensive, discriminatory, racist, pornographic, graphic violence, murder, profanity, slurs, defamatory images, documents and/or other content that potentially disturbs subject matter.

- The content that could be provided by third parties through our application, such as AI generated images, can damage the functionalities and/or any other uses of this App.

- The content that could be provided by third parties through our application, such as AI generated images, contains information - whatever its nature - that may harm the reputation and/or business strategies of our Company.

- The content that could be provided by third parties through our application, such as links which can redirect users to third parties websites or advertisements, as they are governed by the corresponding third parties privacy policies and terms of use. Taking this into consideration, Users take all responsibility to their own risk if they freely decide to use the application. For further information regarding collaboration with third parties, we encourage you to consult their privacy policies.

- The content and/or images uploaded to the App and subsequently shared cannot be used for commercial purposes. The User is solely responsible for the use of such created content and/or images using the App and for its use external to the App.

- The User breaches his/her commitments and/or any other provision set out in these Terms of Service.

Withdrawal Right

By downloading and subscribing to the App, you acknowledge and accept that its content/services are made available to you immediately and, therefore, the withdrawal right that the applicable legislation may recognize for users (consumers) does not apply.

Data Protection

The personal data collected for the provision of the services offered through this App, as well as those obtained from your interaction with the App will be processed in accordance with our Privacy and Cookie Policy.

If users and/or customers want to amend personal data or any private information, they can do it by accessing their Apple user account directly.

Likewise, the User is informed that the appropriate technical and organizational measures have been adopted by the Company in order to guarantee the confidentiality, integrity, availability, and security of the personal data that is processed.

Applicable law and jurisdiction

These Terms of Service shall be governed by and construed in accordance with the currently applicable Spanish law. Any action arising out of or relating to these Terms of Service shall be filed only in courts or arbitration tribunals located in Spain and you hereby consent and submit to the personal jurisdiction of such courts or arbitration tribunals for the purpose of litigating or mediating any such action or proceeding.

In case of controversy or disagreement between the user and the Company arising from these Terms of Service, both parties agree to submit their disputes through binding arbitration. The Parties, at their own free will, expressly waive any other jurisdiction to which they may be entitled to under international private law principles, to the competent Courts and Tribunals of Barcelona - Spain.

The non-exercise by the Company of any right provided or derived from these Terms of Service shall not be construed, under any circumstances, as a waiver of said right, unless expressly and in writing renounced by the Company or by the legal prescription of the action, according to the current applicable law or regulation.