Terms and Conditions
Last updated 09/07/23
Interpretation and Definitions
The capitalized words used in these Terms and Conditions have specific meanings that apply to their use in this agreement. The definitions provided below apply to both singular and plural forms of these words.
The following terms are defined for the purposes of these Terms and Conditions:
Affiliate refers to an entity that has control over or is controlled by a party, where "control" is defined as owning 50% or more of the shares, equity interest, or other securities with the right to vote for directors or other managing authority.
Country refers to the state of California, United States.
Company, referred to as "the Company," "We," "Us," or "Our" in this Agreement, refers to makeporn.ai.
Device refers to any electronic device that can access the Service, including but not limited to computers, cellphones, and tablets.
Feedback refers to any suggestions, innovations, or feedback you provide regarding the performance, attributes, or features of our Service.
Service refers to the Website provided by makeporn.ai.
Pro mode refers to the paid subscription offered by makeporn.ai.
Private Mode refers to a feature of the Service that is exclusively available to Pro subscribers.
Free mode refers to the free version of the Service.
Image Generation Service refers to the AI technology underlying the image generation capabilities of the Service.
Subscriptions refer to the services or access to the Service provided by makeporn.ai on a subscription basis.
Terms and Conditions, also referred to as "Terms," are the terms and conditions that govern the use of the Service and constitute the entire agreement between you and makeporn.ai.
Third-party Social Media Service refers to any third-party service or content, including but not limited to data, information, products, or services, that may be displayed, included, or made available through the Service.
Website refers to makeporn.ai, accessible from makeporn.ai.
You refers to the individual accessing or using the Service, as well as any legal entity on whose behalf such individual is accessing or using the Service.
These Terms and Conditions govern your use of the Service and establish the rights and obligations of all users of the Service.
Your access to and use of the Service is conditional upon 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 do not agree with any part of these Terms and Conditions, then you may not access the Service.
You represent that you are over the age of 18. Makeporn.ai does not permit those under 18 to use the Service.
Subject to your compliance with this Agreement and any applicable laws, and depending on the type of subscription plan you have, the following licensing terms apply:
For Pro mode users using "Private Mode":
(i) You are granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, and freely revocable license to access and use the Service for business or personal use.
(ii) You own all assets created with the Service.
(iii) All rights, title, and interest in and to such assets are assigned to you for your personal or commercial use.
(iv) Each person must have a unique Pro account and is responsible for any activity conducted on their account.
(v) Breach or violation of any of these terms may result in an immediate termination of the right to use the Service.
For Free mode users (or Pro mode users not using Private Mode):
Makeporn.ai reserves all rights to the assets created with the Service but allows users to share the assets on other websites subject to the following conditions:
(i) The user must provide proper attribution to makeporn.ai. The presence of the makeporn.ai watermark on the images shall be considered proper attribution and satisfy the requirement for proper attribution for sharing the assets on other websites.
(ii) The sharing must not violate any laws or infringe upon the rights of any third parties.
(iii) The user must not use the assets for commercial purposes without makeporn.ai's express written consent.
Please note that these conditions are in addition to the terms outlined in the original agreement and must be fully complied with. Any breach or violation of these conditions may result in the termination of the user's right to share the assets on other websites.
The Service or some parts of the Service are only accessible with a paid Subscription. These Subscriptions are managed and billed by Patreon on a recurring and periodic basis (such as daily, weekly, monthly, or annually). The type of Subscription plan you are billed for depends on the one you choose when subscribing.
At the end of each period, your Subscription will automatically renew under the exact same conditions unless you cancel it or it is cancelled by Patreon.
You may cancel your Subscription renewal either through your settings on Patreon or by contacting Patreon directly. Please note that you will not receive a refund for the fees you have already paid for your current Subscription period, but you will retain access to the Service until the end of your current Subscription period.
Makeporn.ai reserves the right to implement rate limits for users of the Service, both Pro and Free, in order to maintain the functionality and performance of the site. These rate limits may include restrictions on the frequency and volume of requests made to the Service and may be adjusted from time to time at the sole discretion of makeporn.ai. Users agree to abide by any rate limits imposed and acknowledge that exceeding such limits may result in temporary or permanent suspension of their access to the Service.
You are required to provide Patreon with accurate and complete account information for billing purposes. It's your responsibility to promptly update your Patreon account and other related information, including your email address and payment details. This enables Patreon to process your transactions effectively and to get in touch with you as necessary
Makeporn.ai, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
Makeporn.ai will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Unless required by law, paid Subscription fees are non-refundable.
The Company, makeporn.ai, may consider certain refund requests for Subscriptions on a case-by-case basis, and refunds will be granted at the sole discretion of makeporn.ai.
Rules and Conduct
The Image Generation Service provided by makeporn.ai is intended for personal use only and may not be used for commercial purposes without express written consent from makeporn.ai.
You agree not to reverse engineer, decompile, disassemble, or attempt to discover the source code of the Image Generation Service or any part of it.
You may not redistribute the Image Generation Service or make it available to others in any way, unless specifically authorized by makeporn.ai in writing.
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 Image Generation Service and may also infringe upon the rights of makeporn.ai and/or third parties.
Your Feedback to Us
You hereby assign all rights, title, and interest in any Feedback You provide to makeporn.ai. If for any reason such assignment is ineffective, You agree to grant makeporn.ai a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and exploit such Feedback without restriction.
Links to Other Websites
The Service may contain links to third-party websites or services that are not owned or controlled by makeporn.ai.
makeporn.ai has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that makeporn.ai shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
makeporn.ai reserves the right to terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of makeporn.ai and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if makeporn.ai or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service provided by makeporn.ai is provided to You "AS IS" and "AS AVAILABLE," and with all faults and defects, without any kind of warranty. To the maximum extent permitted under applicable law, makeporn.ai, on its own behalf and on behalf of its Affiliates, licensors, and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including 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. Without limiting the foregoing, makeporn.ai provides no warranty or undertaking and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither makeporn.ai nor any of its providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of makeporn.ai are free of viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting makeporn.ai.
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 a resident.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
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.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter. Additionally, the waiver of a breach shall not constitute a waiver of any subsequent breach.
If these Terms and Conditions have been translated and made available to You on the Service, You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. The determination of what constitutes a material change will be at Our sole discretion.
By continuing to access or use Our Service after the revised terms become effective, You agree to be bound by the updated terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If You have any questions about these Terms and Conditions, You can contact us at the following email address: firstname.lastname@example.org