Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and MALCOMSON BROTHERS LIMITED ("Company", "we", "us", or "our"), a company registered in England and Wales, concerning your use of the BlurrySelfie service accessible at blurryselfie.com (the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, you must not access or use our Service. You must be at least 13 years old (or 16 in certain jurisdictions) to use our Service.

2. Description of Service

BlurrySelfie is an AI-powered photo generation service that allows users to:

• Upload personal photographs
• Generate AI-enhanced or AI-created images based on selected scenarios
• Download and use generated images
• Store and manage their generated content

The Service uses advanced artificial intelligence and machine learning technologies to process and generate images. Results may vary and are not guaranteed to meet specific expectations.

3. Account Registration and Security

3.1 Account Creation

To use certain features of our Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities under your account
• Immediately notify us of any unauthorised use of your account

3.2 Account Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms or our Acceptable Use Policy
• You provide false or misleading information
• Your account is used for illegal activities
• You engage in behaviour harmful to other users or our Service

4. User Content and Rights

4.1 Your Content

You retain ownership of all photographs and content you upload to our Service ("User Content"). By uploading content, you grant us a limited, non-exclusive, worldwide, royalty-free licence to:

• Process your content to provide the requested services
• Generate AI-created images based on your uploads
• Store your content for the duration necessary to provide the Service
• Create backups for disaster recovery purposes

4.2 Generated Content

Images generated by our AI service ("Generated Content") are:

• Owned by you, subject to these Terms
• Your responsibility to use in compliance with applicable laws
• Not guaranteed to be unique or exclusive
• Subject to the limitations and restrictions set forth in these Terms

4.3 Content Restrictions

You agree not to upload or generate content that:

• Violates any applicable laws or regulations
• Infringes on intellectual property rights of others
• Contains illegal, harmful, threatening, abusive, or defamatory material
• Depicts minors in inappropriate contexts
• Promotes violence, discrimination, or illegal activities
• Contains malware, viruses, or harmful code
• Violates the privacy rights of others

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Service, including its original content, features, and functionality, is owned by MALCOMSON BROTHERS LIMITED and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written consent.

5.2 Licence to Use Service

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your personal or commercial purposes in accordance with these Terms.

5.3 Feedback and Suggestions

Any feedback, comments, or suggestions you provide regarding our Service becomes our property and may be used without compensation or attribution to you.

6. Payment and Billing

6.1 Fees and Payment

Access to certain features requires payment of fees. You agree to:

• Pay all applicable fees as described in our pricing
• Provide valid payment information
• Authorise us to charge your payment method
• Be responsible for all taxes applicable to your use of the Service

6.2 Credits System

Our Service operates on a credit-based system where:

• Credits are purchased in advance
• Each image generation consumes credits
• Credits do not expire unless your account is terminated
• Credits are non-transferable and non-refundable except as required by law

6.3 Refund Policy

Refunds are generally not provided except:

• Where required by applicable law
• For technical failures preventing service delivery
• At our sole discretion for exceptional circumstances

7. Privacy and Data Protection

Your use of our Service is also governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Service, you consent to our collection and use of your information as described in the Privacy Policy.

We comply with applicable data protection laws including GDPR and CCPA. For detailed information about how we handle your data, please review our Privacy Policy.

8. Disclaimers and Limitations

8.1 Service Availability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

8.2 AI-Generated Content Disclaimer

We do not guarantee that AI-generated images will:

• Meet your specific requirements or expectations
• Be accurate, realistic, or suitable for any particular purpose
• Be free from artifacts, distortions, or unexpected elements
• Be unique or not similar to other generated content

8.3 Third-Party Services

Our Service may contain links to or integrate with third-party services. We are not responsible for the content, privacy policies, or practices of any third-party services.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MALCOMSON BROTHERS LIMITED SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM UNAUTHORISED ACCESS TO OR USE OF OUR SERVICE
• DAMAGES RESULTING FROM ANY CONTENT OBTAINED FROM THE SERVICE
• DAMAGES RESULTING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

10. Indemnification

You agree to indemnify, defend, and hold harmless MALCOMSON BROTHERS LIMITED, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content or Generated Content
• Any misleading or false information you provide

11. Modifications to Service and Terms

11.1 Service Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

11.2 Terms Modifications

We may revise these Terms at any time. We will notify you of material changes by:

• Posting the revised Terms on our website
• Updating the "Last updated" date
• Sending notification to registered users for significant changes

Your continued use of the Service after changes constitutes acceptance of the revised Terms.

12. Governing Law and Disputes

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

12.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through:

1. Good faith negotiations between the parties
2. If negotiations fail, through binding arbitration in accordance with the rules of the London Court of International Arbitration

12.3 Jurisdiction

For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the courts of England and Wales.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and MALCOMSON BROTHERS LIMITED regarding the Service.

13.2 Severability

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

13.3 Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term or condition.

13.4 Assignment

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

13.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14. Contact Information

For questions about these Terms of Service, please contact us at:

15. Special Terms for Different Jurisdictions

15.1 European Users

If you are a consumer residing in the European Union, you enjoy certain additional rights under EU consumer law, which cannot be waived by contract. Nothing in these Terms affects your statutory rights as a consumer.

15.2 California Users

If you are a California resident, you are entitled to specific consumer rights and disclosures. Please refer to our Privacy Policy for information about your California privacy rights.

15.3 Australian Users

Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law (ACL) which cannot be excluded, restricted, or modified by agreement.