3/20/2024
Welcome, and thank you for your interest in GlowPro by Halberd LLC (“GlowPro,” “we,” or “us”) and our website at www.glowpro.ai, along with our related websites, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and GlowPro regarding your use of the Service.PLEASE READ THE FOLLOWING TERMS CAREFULLY:BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING GLOWPRO'S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND GLOWPRO'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY GLOWPRO AND BY YOU TO BE BOUND BY THESE TERMS.ARBITRATION NOTICEExcept for certain kinds of disputes described in Section 17 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND GLOWPRO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.GlowPro Service Overview.GlowPro is a lab focused on generating photorealistic artificial intelligence (“AI”) images of real people. As part of the Service, GlowPro uses a suite of AI tools (the “AI Headshot Generator”) to generate AI headshot images for users (the “AI Headshots”). Users will upload various self-images to the Service which the AI Headshot Generator will use to produce the AI Headshots, which users can use for their own purposes. Users will receive different backgrounds, poses, and styles to choose from for the perfect photograph.Eligibility.You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.Accounts and Registration.To access most features of the Service, you must connect to the Service through a third-party account (e.g., Facebook or Google) (each, a “Third-Party Account”). When you connect a Third-Party Account to the Service, you are submitting to GlowPro your login credentials for such Third-Party Account (“Third-Party Account Credentials”). By providing GlowPro with your Third-Party Account Credentials, you are authorizing GlowPro to act on your behalf to retrieve information from the applicable Third-Party Account for purposes of providing the Service under these Terms. You are responsible for ensuring that your Third-Party Account Credentials have been shared in accordance with the terms of your agreement with the applicable Third-Party Account provider. Third-Party Accounts are not under GlowPro's control and GlowPro is not responsible for any actions taken by third parties in connection with your sharing of Third-Party Account Credentials.General Payment Terms.Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law.Price.GlowPro reserves the right to determine pricing for the Service. GlowPro will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. GlowPro may change the fees for any feature of the Service, including additional fees or charges, if GlowPro gives you advance notice of changes before they apply. GlowPro, at its sole discretion, may make promotional offers with different features and different pricing to any of GlowPro's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.Authorization.You authorize GlowPro to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by GlowPro, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then GlowPro may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.Subscription Service.The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select at checkout (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize GlowPro or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. For information on the “Subscription Fee”, please see our pricing page (available at www.glowpro.ai/pricing). Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic Subscription Fee to your account. GlowPro or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service by contacting us at support@glowpro.ai. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.Delinquent Accounts.GlowPro may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees. If your payment method is no longer valid at the time any fee is due, then GlowPro reserves the right to delete your account and any information or User Content (defined below) associated with your account without any liability to you.Limited License.Subject to your complete and ongoing compliance with these Terms, GlowPro grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.AI Headshots.The AI Headshot Generator will use your User Content (as defined below) to generate the AI Headshots. Subject to your compliance with these Terms, GlowPro hereby assigns to you all of its rights, title, and interest (if any) in and to the AI Headshots resulting from your use of the Service and GlowPro's use of your User Content in connection with the AI Headshot Generator. The AI Headshot Generator may provide the same or similar AI Headshots to other users, and GlowPro's assignment to you in the preceding sentence does not apply to the AI Headshots resulting from other users' use of the Service. You agree that we may use AI Headshots to (a) provide, maintain, develop, protect and improve the Service or our other products and services, (b) comply with applicable law, and (c) enforce these Terms and any Additional Terms (defined below). You are solely responsible for your use of any AI Headshots.LicensesLicense Restrictions.Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.Feedback.We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant GlowPro an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.Ownership; Proprietary Rights.The Service is owned and operated by GlowPro. The AI Headshot Generator, visual interfaces, graphics, design, compilation, information...