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Terms of Service

Last Updated: February 4, 2025 | Effective Date: February 4, 2025

1. Service Description

TimeTwin is an AI-powered digital entertainment service that generates fictional characters set in historical American eras. The service operates as follows:

• Users upload a photograph and provide basic information (age, height)
• Our AI system processes this input to generate a unique fictional character
• The generated character includes a name, backstory, personality traits, and historical setting
• Users receive a downloadable digital character card

2. Acceptance of Terms

2.1 Eligibility Requirements

By using TimeTwin, you represent and warrant that:

• You are at least 18 years of age, OR
• You are at least 13 years of age and have obtained verifiable parental or guardian consent
• You have the legal capacity to enter into a binding contract in your jurisdiction
• You are not prohibited from using the service under applicable laws
• Your use complies with all applicable local, state, national, and international laws

2.2 Account Responsibility

You are responsible for:

• Maintaining the confidentiality of any account credentials
• All activities that occur under your account or using your email address
• Notifying us immediately of any unauthorized use

3. User Content and Intellectual Property

3.1 Your Content

When you upload content (photographs, information) to TimeTwin:

• You retain all ownership rights to your original content
• You grant us a limited, non-exclusive, worldwide, royalty-free license to process your content solely for the purpose of providing the service
• This license terminates when your content is deleted from our systems (typically immediately after processing)
• You represent and warrant that you own or have the necessary rights to use and authorize us to use the content

3.2 Photo Upload Requirements

You agree that any photographs you upload:

• Are of yourself, OR you have explicit written consent from the photographed individual
• Do not depict minors without parental/guardian consent
• Do not contain illegal, obscene, or offensive content
• Do not infringe on any third-party intellectual property rights
• Do not violate any person's right to privacy or publicity

3.3 Generated Content

Upon successful purchase and generation:

• You receive a personal, non-exclusive, non-transferable, revocable license to use the generated character
• This license permits personal, non-commercial use including social media sharing with attribution
• Commercial use, resale, or redistribution requires separate written authorization
• We retain ownership of the underlying AI technology, algorithms, and service infrastructure

3.4 Our Intellectual Property

The TimeTwin service, including but not limited to:

• Software, algorithms, and AI models
• Website design, graphics, and user interface
• Trademarks, logos, and brand elements
• Documentation and content

Are owned by or licensed to TimeTwin and protected by copyright, trademark, and other intellectual property laws.

4. Purchases, Payments, and Billing

4.1 Pricing

• Current price: $6.99 USD per character generation (one-time purchase)
• All prices are displayed in United States Dollars (USD)
• Prices are subject to change with notice posted on our website
• You are responsible for any applicable taxes, duties, or fees imposed by your jurisdiction

4.2 Payment Processing

• Payments are processed securely through our third-party payment provider, Polar
• By making a purchase, you also agree to Polar's Terms of Service
• We do not store complete payment card information on our servers
• Payment must be completed before character generation begins

4.3 Receipts and Records

• A receipt will be sent to your provided email address upon successful payment
• You are responsible for maintaining your own records for tax purposes

4.4 Refunds

Refunds are governed by our Refund Policy. In summary:

• Refunds are available for technical failures where no content was delivered
• Refunds are generally not available for dissatisfaction with creative output
• Duplicate charges will be refunded

5. Prohibited Conduct

You agree NOT to:

1. Use the service for any unlawful purpose or in violation of any laws
2. Upload photographs of others without their explicit consent
3. Upload content depicting minors without proper parental/guardian authorization
4. Upload illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content
5. Attempt to gain unauthorized access to the service, other accounts, or computer systems
6. Interfere with or disrupt the service or servers/networks connected to the service
7. Use automated means (bots, scrapers, etc.) to access the service without authorization
8. Reverse engineer, decompile, or disassemble any part of the service
9. Remove, alter, or obscure any copyright or proprietary notices
10. Use generated content for commercial purposes without authorization
11. Misrepresent AI-generated fictional content as factual, historical, or predictive
12. Use the service to create content that infringes on others' rights
13. Circumvent any technological measures designed to protect the service
14. Engage in any activity that could harm, disable, or impair the service

6. Service Availability and Modifications

6.1 Availability

• We strive to maintain service availability but do not guarantee uninterrupted access
• The service may be temporarily unavailable for maintenance, updates, or due to circumstances beyond our control
• We are not liable for any loss or damage resulting from service interruptions

6.2 Modifications

• We reserve the right to modify, suspend, or discontinue any part of the service at any time
• Material changes will be communicated through the website or email where possible
• Continued use after modifications constitutes acceptance of the changes

7. Disclaimers and Warranties

7.1 "As Is" Basis

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR COMPLETENESS

7.2 No Guarantees

We do not warrant or guarantee:

• That the service will meet your specific requirements or expectations
• That the service will be uninterrupted, timely, secure, or error-free
• That the results obtained from using the service will be accurate or reliable
• That any errors in the service will be corrected
• Any specific creative output or character attributes

7.3 Third-Party Services

We are not responsible for any third-party services, websites, or content linked from or integrated with our service.

8. Limitation of Liability

8.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TIMETWIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Personal injury or property damage
• Any damages arising from your use or inability to use the service
• Any unauthorized access to or alteration of your transmissions or data
• Any third-party conduct or content on the service

8.2 Cap on Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $50 USD, WHICHEVER IS GREATER.

8.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless TimeTwin and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the service
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you upload or submit to the service
• Your violation of any applicable laws or regulations

10. Dispute Resolution

10.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us first and attempt to resolve any dispute informally for at least 30 days.

10.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising from or relating to these Terms or the service shall be resolved by binding arbitration, except that either party may seek injunctive relief in court for intellectual property infringement.

10.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

10.4 Exceptions

Notwithstanding the above, you may bring claims in small claims court if your claims qualify, and either party may seek injunctive relief for intellectual property matters.

11. Termination

11.1 By You

You may stop using the service at any time. No refunds will be provided for previously completed purchases.

11.2 By Us

We may suspend or terminate your access to the service immediately, without prior notice, if:

• You breach any provision of these Terms
• We are required to do so by law
• We discontinue the service
• Your conduct may harm other users, third parties, or the service

11.3 Effect of Termination

Upon termination:

• Your right to use the service ceases immediately
• Provisions that by their nature should survive will remain in effect (including limitations of liability, indemnification, and dispute resolution)

12. General Provisions

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which TimeTwin operates, without regard to conflict of law principles.

12.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

12.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

12.4 Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and TimeTwin regarding the service.

12.5 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

12.6 Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet/power failures.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to this page with an updated "Last Updated" date. Material changes may be communicated via email or prominent notice on the service. Your continued use of the service after any changes constitutes acceptance of the new Terms.

14. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us through our website.

15. Additional Terms for Specific Jurisdictions

15.1 European Economic Area (EEA) Users

If you are located in the EEA, you have certain rights under GDPR as described in our Privacy Policy. Nothing in these Terms limits your statutory rights as a consumer.

15.2 California Users

California residents have additional rights under CCPA as described in our Privacy Policy.

15.3 Australian Users

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law.