Terms of Use

These Terms of Use ("Terms") form a binding agreement between you and Zeel Play LLC ("we", "us") covering the Zoftly AI mobile application (com.zoftly.ai) and https://zoftly.site (the "Service").

Eligibility

You must be at least 13 years old, or older if the minimum age in your country is higher. If you are under 18 you may use the Service only with the consent and supervision of a parent or legal guardian, who accepts these Terms on your behalf. You must not use the Service if you are barred from doing so under applicable law or sanctions.

Licence to use the Service

We grant you a personal, limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to install and use the Service for your own lawful purposes, in accordance with these Terms and the Google Play Terms of Service. All rights not expressly granted are reserved.

You must not, and must not permit anyone else to: copy, modify, decompile, reverse engineer or create derivative works of the Service except to the extent such restriction is prohibited by law; access the Service by automated means, or resell, rent, sublicense or commercially redistribute access to it; circumvent or interfere with any security, rate-limiting, credit or payment control; probe, scan or overload our infrastructure; or remove any proprietary notice.

Credits and subscriptions

Certain features consume credits. Credits may be included with a subscription or otherwise made available to you.

• Credits are a limited licence to access features of the Service. They are not money, not a stored-value instrument and not property. They have no cash value, cannot be exchanged for cash, and cannot be sold, transferred or combined between devices or accounts.
• Credits are deducted when you submit a request. Because output is produced by third-party systems, a request that has been submitted and processed consumes credits even if you are not satisfied with the result. Where a request fails for a technical reason attributable to us, see our Refund Policy.
• Credit amounts, allowances and the cost of individual features are shown in the app and may change. Changes will not retroactively remove credits already in your balance.
• Credits and subscription entitlements may expire as described in the app at the time you obtain them.

Auto-renewal and cancellation

Subscriptions are sold and billed through Google Play and renew automatically at the then-current price for the applicable period until you cancel. The price, billing period and included credits are shown to you before you confirm the purchase.

You may cancel at any time in the Google Play Store → Subscriptions screen on your device. Cancellation takes effect at the end of the current paid period; you keep access until then and are not charged again afterwards. Uninstalling the app does not cancel a subscription. If a free trial is offered, you will be charged automatically when the trial ends unless you cancel before then, as disclosed at purchase.

Payments

All payments are processed by Google Play. We do not receive or store your payment credentials. Your purchase is also governed by the Google Play Terms of Service and Google's refund policy. Prices may vary by country and may change; taxes may apply. Refunds are dealt with in our Refund Policy.

Your content

You retain ownership of the content you submit ("Input"). You grant us a worldwide, royalty-free, non-exclusive licence to host, store, reproduce and transmit your Input solely to operate the Service, produce your requested output and comply with law. This licence ends when the content is deleted, except where retention is legally required. We do not claim ownership of your Input and we do not use it to train AI models.

You represent and warrant that, for all Input you submit:

• You own it or hold all rights and permissions necessary to submit it and to have it processed;
• Where it depicts an identifiable person, you have that person's informed consent (or that of their parent or guardian) to submit and transform their image; and
• It does not infringe any copyright, trademark, privacy, publicity, contractual or other right.

Prohibited use

You must not use the Service to create, upload or distribute material that:

• sexualises minors in any way, or is otherwise child sexual abuse material — such use is absolutely prohibited and will be reported to the competent authorities;
• is sexually explicit, pornographic, or depicts a real person in a sexual or intimate context without their consent (including "deepfake" intimate imagery);
• depicts a real, identifiable person without their consent, or impersonates anyone, including for fraud, deception, defamation or political manipulation;
• infringes intellectual property or misuses another party's brand, logo or likeness;
• is unlawful, harassing, hateful, discriminatory, threatening, or incites violence or self-harm;
• depicts graphic violence or is designed to shock or disgust; or
• is intended to deceive others as to whether content was generated by artificial intelligence, where disclosure is required by law.

You are responsible for complying with all laws that apply to you, including any obligation to label AI-generated material. You can report content through the in-app reporting function or by emailing support@zoftly.site.

Artificial intelligence output

Accordingly, and to the fullest extent permitted by law:

• Output is produced automatically and may be inaccurate, distorted, unflattering, unexpected, offensive, nonsensical or unsuitable for your purpose. We make no representation as to its quality, accuracy, realism, fitness or fidelity to your Input.
• Output is not unique. The same or similar inputs may produce similar results for other users, and output may unintentionally resemble existing works, persons, styles or brands. We give no warranty of originality or non-infringement.
• We make no representation that output is protectable by copyright or that you can obtain exclusive rights in it. In several jurisdictions, purely AI-generated material may not attract copyright protection. You are responsible for determining whether your intended use is lawful.
• You use output at your own risk and on your own judgement, and you are solely responsible for how you publish, distribute, monetise or otherwise use it, and for any consequence of doing so.
• Output is not professional advice of any kind and must not be relied on as such.
• Third-party AI providers act under their own terms and privacy policies. We cannot audit, guarantee or accept liability for their independent acts or omissions, including their handling of transmitted content, their availability, or changes they make to their models. See our Privacy Policy.

As between you and us, and subject to the above, you may use the output you generate for personal and commercial purposes, provided you comply with these Terms and applicable law. We claim no ownership of your output.

Our intellectual property

The Service — including the application, website, catalogue, templates, prompts, text, design, interface, branding and all underlying software — is owned by us or our licensors and is protected by intellectual property laws. These Terms grant you no right in our name, logos or trademarks.

Copyright complaints

If you believe material available through the Service infringes your copyright, email support@zoftly.site with: identification of the work, identification of the material complained of, your contact details, a statement that you have a good faith belief the use is unauthorised, a statement that your notice is accurate, and your signature. We may remove material and, in appropriate cases, terminate repeat infringers.

Availability and changes to the Service

We provide the Service on an "as available" basis and do not guarantee uninterrupted or error-free operation. We may modify, suspend, limit or discontinue any part of the Service, including individual features, templates or AI capabilities, at any time. Where a change materially reduces a paid entitlement you have already purchased, your remedy is set out in our Refund Policy.

Suspension and termination

We may suspend or terminate your access immediately, without refund of credits already consumed, if we reasonably believe you have breached these Terms — in particular the prohibited use section — or that your use creates legal risk or harm to us, other users or third parties. You may stop using the Service at any time. Sections that by their nature should survive termination (including those on your content, AI output, disclaimers, liability, indemnity and governing law) will survive.

Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, ORIGINALITY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT ANY OUTPUT WILL BE SATISFACTORY OR LAWFUL FOR YOUR INTENDED USE, OR THAT DEFECTS WILL BE CORRECTED.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR OFFICERS, MEMBERS, EMPLOYEES, SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OPPORTUNITY, DATA OR CONTENT, OR FOR ANY REPUTATIONAL HARM, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATING TO THE SERVICE OR ANY OUTPUT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU ACTUALLY PAID FOR THE SERVICE IN THE TWELVE MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY UNITED STATES DOLLARS (USD 50).

Indemnity

You agree to indemnify, defend and hold harmless Zeel Play LLC and its officers, members, employees and agents from and against any claim, demand, proceeding, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of or relating to: the Input you submit; your use of any output, including its publication, distribution or commercial exploitation; your breach of these Terms or of any applicable law; or your infringement of any third party's intellectual property, privacy, publicity or other rights.

Third parties and app stores

The Service is distributed through Google Play. Google is not a party to these Terms and has no responsibility or liability in relation to the Service or these Terms, save as expressly provided in the Google Play Terms of Service. Any claim relating to the Service must be directed to us and not to Google.

Governing law and disputes

These Terms are governed by the laws of the State of Montana, United States, excluding its conflict-of-laws rules. Subject to the paragraph below, you and we agree to the exclusive jurisdiction of the state and federal courts located in Montana.

If you are a consumer resident in the European Union, the United Kingdom, India or another jurisdiction whose law grants you a non-waivable right to bring proceedings locally or to the protection of local consumer law, nothing in this section deprives you of those rights.

Before commencing proceedings, please contact support@zoftly.site so we can try to resolve the matter informally.

Changes to these Terms

We may revise these Terms. The "Last updated" date above shows the current revision, and material changes will be notified in the app or on this page before they take effect where required by law. Continuing to use the Service after a revision takes effect means you accept it. If you do not accept a revision, stop using the Service and cancel any subscription.

General

These Terms, together with our Privacy Policy and Refund Policy, are the entire agreement between us on this subject. If any provision is held invalid or unenforceable, the rest remains in force and the invalid provision is applied to the maximum extent permitted. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets. Nothing creates a partnership, agency or employment relationship between us.

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