Termos do serviço

User Agreement

 

Effective Date: September 1, 2025

 

1. Important Notice

 

The AI Digital Human (hereinafter referred to as “the Software”) and related services are products and services provided by Fashionsmith (hereinafter referred to as “we” or “our”) through the AI Digital Human application.

 

This User Agreement (hereinafter referred to as “this Agreement”) is a legally binding contract between you and us regarding your download, installation, registration, login, and use (collectively “use”) of the Software and related services.

 

Please read this Agreement carefully before using the Software or registering. Pay special attention to clauses that limit or exempt our liability, restrict your rights, address dispute resolution, applicable laws, etc. If you do not agree, please stop using the Software and related services immediately.

 

If you are a minor or lack full civil capacity due to age, intelligence, or other reasons, please read and fully understand this Agreement under the guidance of a legal guardian, and obtain their consent before using the Software.

 

If you have any questions or suggestions regarding this Agreement, you may contact us at: enquiry.fashionsmith@gmail.com

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2. Acceptance and Modification of the Agreement

 

By using or registering for the Software and related services, you are deemed to have read, understood, and agreed to this Agreement and other related rules (including but not limited to the Privacy Policy).

 

We may update or amend this Agreement from time to time. Changes will be published on relevant pages or notified to you by reasonable means. If you do not agree to the amendments, please stop using the Software immediately. Continued use after updates constitutes acceptance.

 

This Agreement does not cover all rights and obligations between you and us. Other published statements, rules, or terms form supplementary agreements with the same legal effect.

 

3. Services Provided

 

We may provide technical support, promotion services, and other related services.

 

We may enhance, expand, or add new features, which will also be governed by this Agreement unless otherwise specified.

 

Paid services will be clearly indicated, and you will only be charged if you agree to pay. If you refuse, we may not provide the paid services.

 

You are responsible for equipment and internet access fees needed to use the Software.

 

We do not guarantee that our products or services will fully meet your needs. Free services may be modified, suspended, or terminated at any time. Paid services will be handled under fairness principles.

 

Content you upload, download, or share is limited to personal, non-commercial use unless otherwise authorized.

 

4. Accounts

 

You must have the civil capacity required by PRC law. Otherwise, you and your guardian shall bear all consequences.

 

You may register using your phone number.

 

You must ensure the authenticity and accuracy of registration information.

 

Usernames must comply with laws, public order, morality, and cannot contain prohibited content (e.g., endangering national security, spreading violence or pornography, infringing on rights, etc.).

 

We may suspend, restrict, or delete accounts that violate rules.

 

You are responsible for keeping your account/password secure. Losses due to your negligence are your responsibility.

 

Accounts are personal and cannot be transferred, lent, sold, or licensed to others without our written consent.

 

You may request account deletion by contacting us at enquiry.fashionsmith@gmail.com

. Note that deletion is irreversible and may cause data loss.

 

5. User Rights

 

Each account can only be used on one device at a time. Exceeding this may lead to suspension or termination of services.

 

6. User Obligations

 

Users must comply with all applicable PRC laws and regulations, including copyright, trademark, competition, civil code, advertising, software protection, and cybersecurity laws.

 

Users must ensure they have legal rights to any content uploaded (documents, audio, images, etc.), and must not infringe on others’ rights.

 

Prohibited behaviors include:

 

Endangering national security or social order.

 

Spreading harmful, violent, pornographic, or fraudulent content.

 

Impersonating others.

 

Uploading viruses or harmful code.

 

Hacking, reverse engineering, or unauthorized use of our software.

 

Commercial use, advertising, or promotional activities without authorization.

 

Violations may result in deletion of content, suspension of services, account termination, and liability for damages.

 

7. User-Generated Content

 

All content must comply with laws, public order, and morality, and must not infringe third-party rights.

 

We may review, edit, or delete content at any time. We are not responsible for the legality or accuracy of user-generated content.

 

Users bear full responsibility for their uploaded content.

 

8. Protection of User Information

 

We value user privacy and will take reasonable measures to protect personal data. Personal information will not be disclosed to third parties without consent unless required by law.

 

Minors (under 18) must obtain written guardian consent before using services.

 

See our Privacy Policy for details.

 

9. Intellectual Property

 

All intellectual property (software, code, content, design, etc.) belongs to us.

 

Users have a limited, non-exclusive license to use the Software but cannot copy, modify, resell, or reverse-engineer it.

 

By uploading content, users grant us a free, worldwide license to use, edit, and distribute the content. We may enforce copyright on behalf of users.

 

10. Disclaimer

 

We do not guarantee uninterrupted, error-free, or fully satisfactory services.

 

We are not liable for:

 

Losses caused by reliance on content or services.

 

Force majeure (e.g., natural disasters, wars, strikes).

 

Indirect, incidental, punitive, or consequential damages.

 

Our total liability shall not exceed the amount you paid us for services (if any).

 

11. Third-Party Links

 

We may provide links to third-party websites. We are not responsible for their content, services, or risks.

 

12. Infringement Complaints

 

If your rights are infringed by user content, you may submit a written notice with proof of rights. False complaints will result in legal liability.

 

13. Commercial Activities

 

We may send promotional or advertising information to users through the app, website, or other legal channels.

 

14. Changes, Suspension, Termination of Services

 

We may modify, suspend, or terminate services based on operational needs, legal risks, or security considerations.

 

15. Governing Law and Jurisdiction

 

This Agreement is governed by the laws of the People’s Republic of China.

 

Place of signing: Shenzhen, PRC.

 

Disputes shall first be resolved amicably; if not, they shall be submitted to the court in Shenzhen.

 

Reminder: By using the Software or registering an account, you agree to be bound by this Agreement

 

 24-Hour Trial Terms & Conditions

1. Eligibility and Activation

  • The 24-hour trial (“Trial”) is available to new users only and is limited to one Trial per person/company.
  • The Trial period begins when you activate the Trial membership in-app and ends at 00:00 the next day.

2. Included Allowance

  • Computing Power: 70 units for use during the Trial. Computing power refers to render/processing capacity consumed by features such as video generation, voice synthesis, and background changes. Usage is deducted per operation as shown in our platform.
  • Avatar Clone: Up to 1 avatar clone may be created during the Trial (subject to consent requirements below).

3. Usage Limits and Restrictions

  • Unused computing power and any unused avatar clone capability expire at the end of the 24-hour Trial and do not roll over.
  • We may rate-limit or suspend Trial access to protect service stability or prevent abuse.

4. Avatar Cloning Consent and Content

  • You must have full rights and consent to clone any voice/image you submit. Do not upload content for which you lack legal authorization or required permissions.
  • By submitting data for cloning, you represent and warrant you have obtained all necessary consents and will comply with applicable laws (including privacy and publicity rights).
  • You may be required to read consent scripts or provide proof of identity/ownership. We may reject or delete submissions that fail verification or violate policy.

5. Prohibited Use

  • No illegal, harmful, infringing, deceptive, or harassing content.
  • No impersonation or deepfakes of real persons without explicit, provable consent.
  • No attempts to bypass quotas, reverse engineer, or interfere with the service.

6. Data and Privacy

  • We process your data per our Privacy Policy. Training/processing of your uploads is solely to provide the Trial features unless you opt in to additional uses.
  • You may request deletion of Trial-generated avatars or uploads; some logs may be retained as required by law or for security.

7. Billing and Conversion

  • The Trial is free and will not auto-convert to a paid plan unless you explicitly subscribe and confirm payment details.
  • If you subscribe during or after the Trial, standard plan Terms & Conditions and pricing apply.

8. Service Availability and Changes

  • The service is provided “as is” during the Trial. We do not guarantee uptime, performance, or error-free operation.
  • We may modify or terminate the Trial at any time, with or without notice.

9. Liability

  • To the maximum extent permitted by law, we disclaim all warranties and limit liability for any indirect, incidental, or consequential damages arising from Trial use.

10. Governing Terms

  • These Trial T&Cs are subject to our Full Terms & Conditions and Privacy Policy, which also apply to your use of the service.
  • In case of conflict, these Trial T&Cs govern the Trial; otherwise, the Full Terms control.
  • Contact: For questions or consent verification, contact: https://fashionsmith.ai/pages/contact.