Terms & Conditions

Effective Date: September 10, 2021

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING ANY OF THE SERVICES, YOU EXPRESSLY AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY HOSTED SERVICES. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY CLAID ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. THE WEBSITE IS AVAILABLE ONLY TO INDIVIDUALS WHO ARE AT LEAST 13 YEARS OLD (16 YEARS OLD FOR INDIVIDUALS FROM EU).

 

These Terms of Service (“Terms”) establish a binding contractual agreement between you (the visitor or user; hereinafter referred to as “you” or “your”) and Lets Enhance Inc. ( “Claid” “our”, “us” or “we”) according to which you may visit the Claid website at https://www.claid.ai (“Website”) as well as your view and use of any and all hosted software and applications including but not limited to the Claid widgets, APIs, libraries, plug-ins, modules and hosting services (the “Hosted Services”; the Website together with the Hosted Services may hereinafter be collectively referred to the “Services”). The Website is owned and operated by Lets Enhance Inc. and all Services are the intellectual property of Claid.

 

The Website is offered subject to your acceptance without modification of all of these Terms and all other operating rules, policies (including, without limitation, Claid’s Privacy Policy) and procedures that may be published from time to time on this Website or on or through the Hosted Services by Claid (collectively, the “Agreement”).

 

 

1. Your Claid Account and Site.

If you create an account on the Website or as required to access and use the Hosted Services, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Services. You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Claid may change or remove any content or photos that it considers inappropriate or unlawful, or otherwise likely to cause Claid liability. You must immediately notify Claid of any unauthorized uses of your account and any other breaches of security. Claid will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

 

 

2. Claid Service.

Claid makes your images more visually appealing in terms of their resolution, weight, and color.  By using our image rendering API, you will be able to eliminate image compression artifacts, upsample, retouch, resize, encode and deliver images in a way that will ensure that every single image meets your specific quality demands. 

 

 

3. Responsibility of Users.

As a condition of use of the Service, You agree not to use the Service for any purpose that is prohibited by these Terms of Services. You are responsible for all of your activity in connection with the Service and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree to the following:

    a. You (or any third party on your behalf) shall be using any functionality of the Services for their intended purposes only.

    b. You may not resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Services unless authorized by us in writing. 

    c. You shall not reverse engineer, decompile, translate, disassemble or otherwise attempt to extract any or all of the proprietary source code of the Services.

    d. You shall not alter, remove or obscure any copyright, trademark or other proprietary notices or confidentiality legend on the Services.

    e. You shall be responsible for using commercially reasonable efforts to prevent unauthorized access to or use of the Services.

    f. You shall promptly notify Claid of any unauthorized access or use of the Services.

    g. You shall not use the Services, Upgrades or Paid Services, through a vulnerability or otherwise, in a way that prevents the Services from tracking your usage, generating invoices or charging you through your credit card or other payment mechanism.

    h. You shall not alter, remove or obscure any copyright, trademark or other proprietary notices or confidentiality legend on the Services.

    i. The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of Claid or any third party.

    j. You shall not use the Services, Upgrades, or Paid Services for research and development of artificial intelligence (generation of training data). 

    k. If any third party has rights to intellectual property you create, you have either (i) received permission from such third party to post or make available the Content, including but not limited to any software, or (ii) secured from the third party a waiver as to all rights in or to the Content.

    l. You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms.

    m. The Content does not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content or other item that may remove or change any content of the Services or attempt to circumvent security or interfere with the proper working of the Services or the servers on which it is hosted

    n. The Content is not spam and does not contain unethical content or content designed to be used as a part of any unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing)

    o. The Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party

    p. You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Claid or otherwise; and

    q. Your Content and usage of the Services does not violate applicable laws and governmental regulations.

    r. Claid grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services solely in accordance with these Terms. You may not use the Services to distribute, rebrand, or white-label any of the Services we provide. Claid may, in appropriate circumstances, terminate accounts which we believe are in violation of these Terms and this Section 6 without notice and without refund

    s. Any such forbidden use shall immediately terminate Your license to the Service.

 

 

4. License Grant.

License to Services. Subject to your compliance with this Agreement, Claid hereby grants a personal, non-exclusive, non-commercial, non-sublicensable, revocable and non-transferable license to use the Website and Services in accordance with the terms of this Agreement. No rights are granted to you except as expressly set forth in the Agreement.


License to Content. You hereby grant Claid a non-exclusive, revocable license to use, store, display, reproduce, re-post, modify, create derivative works of (including through aggregation), perform the Content, solely in the course of providing the Services and for its internal business purposes. Claid has the right to grant to its contractors sublicenses under the licenses granted under this section and for the same purpose. If you request for the deletion of your Content, Claid will use reasonable efforts to remove it from the Services, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Feedback. You grant to Claid worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services and Website any suggestion, enhancement request, recommendation, correction, or other feedback provided by you.

Trademarks. You consent to Claid’s use of your name and logo and general description of your relationship with Claid in press releases and other marketing materials and appearances. You grant to Claid worldwide, a non-exclusive, royalty-free, fully-paid up license to use and reproduce your trademarks, tradenames and logos in Claid’ marketing materials and website and to indicate that you are a Claid customer. Claid will abide by any written trademark usage guidelines provided by you. All goodwill arising out of the use of your trademarks, tradenames and logos shall inure to your benefit. To decline Claid this license you need to email help@claid.ai stating that you do not wish to be used as a reference.

 

 

5. Violative Content.

Without limiting any of those representations or warranties, Claid has the right (though not the obligation) to, in Claid’s sole discretion (i) refuse or remove any content that, in Claid’s reasonable opinion, violates any Claid policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason, in Claid’s sole discretion. Claid will have no obligation to provide a refund of any amounts previously paid.

 

 

6. Paid Services.

Pricing for the Services is located at https://www.claid.ai/pricing. Claid’s Payment Policy, as set forth at https://www.claid.ai/payments, governs your payment of the Services and is incorporated herein by reference.

 

 

7. Responsibility of Website Visitors.

Claid has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Claid does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non- harmful. You are responsible for taking precautions as necessary to protect ourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Claid disclaims any and all responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content posted thereon.

 

 

8. Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which we link, and that link to us. Claid does not have any control over those non-Claid websites and webpages, and is not responsible for their contents or their use. By linking to a non-Claid website or webpage, Claid does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Claid disclaims any and all responsibility for any harm resulting from your use of non-Claid websites and webpages.

 

 

9. Intellectual Property.

These Terms not transfer from Claid to you any Claid or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Claid. Lets Enhance Inc. , https://www.claid.ai, the Claid logo, and all other trademarks, service marks, graphics and logos used in connection with Claid, or the Website are trademarks or registered trademarks of Claid or Claid’s licensors; and, the Hosted Services are covered by Claid trademarks or copyright. Other trademarks, service marks, graphics and logos used in connection with the Website or Hosted Services may be the trademarks of other third parties. Your use of the Website and Hosted Services grants you no right or license to reproduce or otherwise use any Claid or third-party trademarks.

 

 

10. Mailing list.

When signing up on Claid you are automatically subscribing to our mailing list. You can unsubscribe from the list at any time.

 

 

11. Changes.

Claid reserves the right, at its sole discretion, to modify or replace any part of these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Website or Hosted Services following the posting of any changes to these Terms constitutes express acceptance of those changes. Claid may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms.

 

 

12. Suspension or Termination.

Claid may terminate your access to all or any part of the Website or your access to any of the Hosted Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your agreement with Claid or your Claid account (if you have one), you may simply discontinue using the Services. All payments or fees are due at the time of termination, with refunds and proration governed by the terms of Claid’s Payment Policy set forth at https://www.claid.ai/payments Notwithstanding the foregoing, if you have a paid Services account, such account can only be terminated by Claid if you materially breach these Terms and fail to cure such breach within thirty (30) days from Claid’s notice to you thereof; provided that, Claid can terminate the Services immediately as part of a general shut down of our service. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

 

13. Disclaimer of Warranties.

The Services are provided “as is”. Claid and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Claid nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

 

 

14. Limitation of Liability.

In no event will Claid, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Claid under these Terms during the twelve (12) month period prior to the cause of action. Claid shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

 

 

15. General Representation and Warranty.

You represent and warrant that (i) your use of the Services will be in strict accordance with the Claid Privacy Policy, with these Terms and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website or Hosted Services will not infringe or misappropriate the intellectual property rights of any third party.

 

 

16. Indemnification.

You agree to indemnify and hold harmless Claid, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the Services, including but not limited to your violation of these Terms.

 

 

17. Dispute Resolution.

In the event of a dispute between you and Claid (including any dispute over the validity, enforceability, or scope of this dispute resolution provision), other than with respect to claims for injunctive relief, the dispute will be resolved by binding arbitration pursuant to the rules of the American Arbitration Association Commercial Arbitration Rules. The place of the arbitration shall be in County of Los Angeles, California. In the event that there is any dispute between you and Claid that is determined not to be subject to arbitration pursuant to the preceding sentence, you agree to submit in that event to the exclusive jurisdiction and venue of the state and federal courts located in the County of Los Angeles, California. You agree that this Agreement and the relationship between you and Claid shall be governed by the Federal Arbitration Act and the laws of the State of California without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s Intellectual Property Rights in any court of competent jurisdiction where the other party resides or has its principal place of business.

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.

 

 

18. Miscellaneous.

These Terms constitute the entire agreement between Claid and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Claid, or by the posting by Claid of a revised version of these Terms. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under these Terms shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce or interpret these Terms shall be entitled to costs and attorneys’ fees. If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Claid may assign its rights under these Terms without condition. This agreement will be binding upon and will insure to the benefit of the parties, their successors and permitted assigns.