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Terms of Service

Last updated on October 1, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation of the words in which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in the plural.

Definitions for the purposes of these Terms and Conditions:

Application means the software and website (named BetterWaifu) provided by the Company used by You on any electronic device.

Account means a unique account created for You to access our Service or parts of our Service.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Sakura Apps LLC.

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.

Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.

Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.

Paid Plan refers to the features available on the Site when You have purchased a Subscription.

Free Plan refers to the features available on the Site to You when You don't purchase a Subscription.

Service refers to the use of the BetterWaifu platform, including the website and underlying software.

Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.

You mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then Your access to the Service is prohibited.

You assert that you have attained the age of 18 years old. The Company does not permit those under 18 to use the Service.

You consent that all characters in your creative work are over the age of 18.

Moreoever, Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company.

Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You.

Please read Our Privacy Policy carefully before using Our Service.

Prohibited Content

Our platform takes the issue of child pornography very seriously and is committed to complying with all applicable laws and regulations. We strictly prohibit any activities related to the creation, distribution, or possession of child pornography on our platform or through our Service, and any such activities will result in immediate termination of the user's account. We urge all users to create and share images solely within the bounds of the law, and to avoid any activities that could be considered exploitative or harmful. It is important to understand that violating laws related to child pornography is a serious criminal offense that can result in severe legal penalties, including imprisonment and fines.

It is additionally prohibited to create content meeting any of the following criteria:

  • Promotes or expresses hate based on identity, including through the use of hateful symbols, negative stereotypes, or comparisons of certain groups to animals or objects.
  • Content that mocks, threatens, or bullies an individual.
  • Content that depicts violent acts, suffering, or humiliation of others.
  • Content that promotes or encourages suicide, cutting, eating disorders, or any other forms of self-harm.
  • Content that involves child abuse or exploitation, including images or videos of children, as well as any print or artwork that depicts or promotes child abuse.
  • Content that depicts rape or any form of abuse or distress.
  • Content that involves the sale of illegal substances or products that require permits or licenses, including pharmaceuticals, narcotics, pets, or firearms.
  • Content that is fraudulent or deceptive, including any false information or attempts to exploit others.
  • Content that involves false impersonation or identity theft.
  • Content that depicts brutal fights, graphic injuries, or human death.
  • Content that depicts graphic violence or promotes violence against others.
  • Content that involves beastiality.
  • Content that depicts "preteen", "lolita", "loli", "lolicon", "shota", or "shotacon" content which involves depictions of children.
  • Content that depicts incest.
  • Content that includes deep-fakes.

We believe that it is our responsibility to create a safe and secure environment for our users, and we will continue to monitor our platform and Services closely to ensure that it is free from any illegal or harmful content. We appreciate Your cooperation in helping us maintain a legal and ethical community.

WHILE THE COMPANY EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK, AND THAT THE COMPANY SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.

Subscription Terms

You may access certain parts of the Service only with a paid Subscription. The Subscription will be charged on a recurring basis.

To maintain the performance and functionality of BetterWaifu, BetterWaifu may implement rate limits for both Pro Mode and Free Mode users of the Service. These rate limits may restrict the volume and frequency of requests to the Service, and may change at any time at BetterWaifu's discretion. Users must comply with the imposed rate limits and understand that exceeding or circumventing them could result in temporary or permanent suspension of their access to the Service.

To complete Your transactions and contact You as required, You must provide accurate and complete information when submitting payment for Your Subscription and accept responsibility for keeping this information up to date.

BetterWaifu reserves the right to modify the Subscription fees at its sole discretion and at any time with reasonable prior notice. If You do not wish to continue with the modified fee amount, You have the option to terminate Your Subscription before the change becomes effective. If You continue to use the Service after the fee change, You agree to pay the modified Subscription fee amount.

Refunds and Cancellations

If You do not cancel Your Subscription, it will renew automatically at the end of each period under the same conditions. You can cancel the Subscription renewal through the payment provider, or by contacting BetterWaifu. However, You will not receive a refund for the fees paid for the current Subscription period, and You can continue to access the Service until the end of that period.

Termination

We reserve the right to immediately suspend or terminate Your access to the Service without prior notice or liability, for any breach of the Terms and Conditions by You. We are not obligated to inform You of the reasons for such termination or suspension.

Upon such termination, Your right to use the Service will cease immediately.

Terms of Use

By using the Image Generation Service, You explicitly agree not to attempt to reverse engineer, decompile, disassemble, or otherwise investigate the source code of the Service, or any of its parts.

Unless with explicit written permission from BetterWaifu, You may not redistribute or make the Image Generation Service available to others.

Any unauthorized commercial use, reproduction, distribution, public performance, or public display of the Image Generation Service may result in the termination of Your right to use the Service. Moreover, such unauthorized use may infringe upon the rights of BetterWaifu and/or third parties.

If You provide any Feedback to BetterWaifu, You are giving BetterWaifu all rights, title, and interest in that Feedback. In the event that such assignment is not effective, You agree to give BetterWaifu a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license and right to use, reproduce, disclose, sublicense, distribute, modify, and exploit the Feedback without any limitations.

If You are a Paid Plan user, You shall not share Your password with anyone. If the Company believes or has reason to believe You have shared Your password, the Company may suspend or terminate Your account and Services immediately.

Limitation of Liability

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE LESSOR OF $10 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE SERVICES. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER BETTERWAIFU NOR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL BE HELD RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY ARISING FROM OR IN ANY WAY CONNECTED TO THE USE OF THE SERVICE, THIRD-PARTY SOFTWARE, OR THIRD-PARTY HARDWARE USED WITH THE SERVICE, OR ANY PROVISION OF THE TERMS. THIS APPLIES EVEN IF BETTERWAIFU OR ANY SUPPLIER HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY FAILS TO ACCOMPLISH ITS INTENDED PURPOSE.

In some jurisdictions, the exclusion of implied warranties or limitation of liability for incidental or consequential damages is not permitted. Thus, some or all of the above limitations may not apply to You. In such jurisdictions, the liability of each party will be limited to the greatest extent allowed by applicable law.

Disclaimer

THE SERVICE IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE," AND WITH ALL ITS FLAWS, FAULTS, AND DEFECTS, WITHOUT ANY KIND OF WARRANTY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, BETTERWAIFU, ON ITS OWN BEHALF, AND ON BEHALF OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE. THIS INCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. FOR EXAMPLE, BETTERWAIFU MAKES NO GUARANTEE OR REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR NEEDS, ACHIEVE ANY SPECIFIC RESULTS, BE COMPATIBLE OR WORK WITH OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

Some jurisdictions may not allow the exclusion of certain types of warranties or limitations on a consumer's statutory rights. Therefore, some or all of the exclusions and limitations stated in this section may not apply to You. But if this is the case, the exclusions and limitations set forth in this section will be applied to the fullest extent that is enforceable under applicable law.

Indemnity

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF THE SERVICES OR CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE SERVICES AND CONTENT ACCESSED FROM THIS PLATFORM.

Governing Law

The use of the Service and these Terms shall be governed by the laws of the Country, excluding its conflicts of law rules. You acknowledge that Your use of the Service may also be subject to other local, state, national, or international laws that may apply in addition to these Terms.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

The United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Disputes Resolution

Any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by the Company and You shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one arbitrator sitting in Cheyenne, Wyoming. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Wyoming. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. With respect to any arbitration hereunder, You hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section provides Your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced. For the avoidance of doubt, You are agreeing to give up: (i) Your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) Your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum.

Notwithstanding the foregoing, You may elect to pursue a claim in small-claims court rather than submit to binding arbitration, but only if You provide us with written notice of Your desire to do so within 30 days after Your first use of the Services. Any small-claims court proceeding initiated hereunder will be limited solely to Your individual dispute; i.e., You are not permitted to file, or participate in, a class action suit in small-claims court with respect to these Terms.

DMCA and Takedowns Policy

BetterWaifu uses an artificial intelligence system trained on public datasets to produce its Assets. Such Assets may be unintentionally similar to copyright protected material or trademarks you hold. We respect rights holders internationally. If you believe your copyright or trademark is being infringed by the Service, please write to [email protected] and we will process your request.

Severability

If any provision of these Terms and Conditions is found to be unenforceable or invalid under applicable law, the unenforceable or invalid provision shall be modified to reflect the intent of the original provision to the fullest extent allowed by law. The remaining provisions of these Terms and Conditions shall remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions of these Terms and Conditions will remain in effect. We reserve the right to waive any provision of these Terms and Conditions at any time, but such waiver shall only be effective if made in writing and signed by an authorized representative of the Company.

Entire Agreement

These Terms and Conditions constitute the entire agreement between You and Us regarding the use of the Service, superseding any prior agreements between You and Us relating to the Service.

No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between You and Company as a result of these Terms or use of Company's Services.

Modification

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Us

If You have any questions about these Terms and Conditions, please contact us at [email protected].