Terms of Use

Terms & Policies Documentation

We appreciate you choosing our AI Tools! The rules for using our services, developed by KFA AG, including our AI model, Application, User Interface, Documentation, and Websites ("Services") are laid out in this User Agreement. This agreement encompasses our Service Details, Policy on Sharing & Disclosure, Usage Guidelines, and any other documents or guidelines we might provide in writing. By utilizing our Services, you are accepting these rules. Our Privacy Statement explains how we handle and utilize personal information.

1. Access

To utilize our Services, it's important that you provide true and complete details when setting up an account or a subscription. You will be held accountable for all activities carried out through your account. By accessing our services, you accept to never hold accountable KFA AG for the content you use in our application. KFA AG is only a provider of technology and can never be held responsible for the content you will produce using our AI technology. By accepting these terms of use you understand that you will obtain access to various AI tools among which, voice and picture cloning as well well as FaceSwap and Chatbots.

2. Usage

(a) Service Usage. KFA AG provides you with a non-exclusive privilege to use our Services, as per the User. While utilizing the Services, you must adhere to this agreement and all relevant laws. KFA AG and its partners hold all rights, ownership, and interest in the Services.

(b) Responses and Suggestions. We value your responses, thoughts, recommendations, and suggestions for enhancements. If you share any of these with us, we have the liberty to use them without any limitations or obligation to compensate you. (c) Limitations. Certain actions are not permitted: (i) using the Services in a manner that infringes, appropriates or violates any individual's rights; (ii) attempting to reverse engineer, translate, or uncover the source code or foundational elements of the models, algorithms, and systems within our Services (unless such restrictions are contrary to the law); (iii) using the output from our Services to create models that compete with KFA AG; (iv) using any automated or systematic method to extract data or output from our Services, including but not limited to scraping or data harvesting; (v) misrepresenting the Services' output as human-generated when it isn't or otherwise breaching our Usage Guidelines; or (vii) sending us any personal information of children under 13 or the legal age for digital consent. You are obligated to abide by any rate restrictions and other requirements mentioned in our documentation. The Services can only be used in locations currently supported by KFA AG.

3. Content

Your Material. You might submit data (i.e images or videos) to the Services ("Submission"), and receive resultant material generated by the Services based on your Submission ("Result"). Both Submission and Result are jointly referred to as "Material." Provided that the applicable law permits, you possess complete ownership of all Submissions, and you understand that you do own the Results. You bear responsibility for the Submission, ensuring it doesn't contravene any relevant laws or these Terms. Finally, you agree to never hold accountable KFA AG or its other entities and counterparties, for any Result generated by our AI models. Parallel Content. Owing to the intrinsic characteristics of machine learning, Results may not be exclusive to individual users, and the Services could produce identical or analogous results for KFA AG or another entity. For instance, if you pose identical images or videos as inputs, you will obtain the same results as any other user. Other users could input similar content as yours and receive identical results. Results of this nature are not recognized as your Material. Enhancement of Services via Material. We do employ Material that you supply to, or obtain from you, to refine or advance our Services. Precision. The field of artificial intelligence is fast-paced and continuously advancing. We strive tirelessly to refine our Services to make them more precise, trustworthy, secure, and useful. Considering the unpredictable behavior of machine learning, the use of our Services may occasionally produce incorrect Results that don't accurately generate realistic faceswaps, audios, or pictures. It's crucial for you to assess the accuracy of any Result in line with your specific needs, which may involve a human review of the Result.

4. Payments

Charges and Payment. You are required to settle all charges billed to your account ("Charges") as per the rates and conditions specified when subscribing to our services, or as otherwise mutually agreed in writing. KFA AG reserves the right to rectify pricing errors or oversights, even if an invoice has been issued or payment received. You must supply complete and accurate billing details, including unauthorized payment method. Your payment method will be charged periodically as agreed, although the posting date may be reasonably adjusted. You grant KFA AG and its associates, as well as our third-party payment processors, permission to debit your payment method for the Charges. If your payment fails, we will notify you in writing and may temporarily withhold access to the Services until payment is completed. Charges are to be paid in U.S. dollars and are due upon receipt of the invoice. Payments are nonrefundable except as stated in this Agreement.

Alterations in Pricing. KFA AG reserves the right to modify our rates by providing a notification to your account and/or our website. Any price hikes will take effect 14 days post announcement, barring those necessitated by legal requirements. Any alterations in pricing will impact the Charges to your account immediately following the effective date of the changes.

5. Limitation of Liability

User acknowledges and agrees that any content produced by the AI tools are generated through computational algorithms and, hence, are purely fictional. No reliance should be placed on such outputs as they are not intended to provide or substitute for actual humans. The User agrees to waive any claim against KFA AG, its affiliates, subsidiaries, directors, employees, and agents, arising from the use of content generated by the AI tools available on its websites. User agrees to indemnify and hold harmless KFA AG from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the AI tools, or the violation of these Terms of Use by User.

Further, the User agrees to indemnify and hold harmless KFA AG and its affiliates, subsidiaries, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User's access to or use of the AI tools or violation of these Terms of Use. Neither KFA AG nor any of our affiliates or licensors shall be held accountable for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, usage, or data or other losses, even if we have been made aware of the potential for such damages. Our total liability under these Conditions shall not surpass the larger amount between what you paid for the Service that led to the claim during the 12 months before the liability occurred or one hundred dollars ($100). The constraints in this section are enforced to the maximum extent permitted by the applicable law.

6. Influencer Clone Availability and Deactivation

KFA AG does not guarantee the continuous availability its service. The AI app or tool, may be removed or deactivated at any time due to circumstances both within and beyond our control, including but not limited to, licensing agreements, intellectual property rights, or any other legal or regulatory constraints. In the event you have subscribed and the service is deactivated during your subscription period, KFA AG, at its sole discretion, may provide a pro-rated refund or credit for the remaining subscription period. Refunds or credits are not guaranteed and will be determined on a case-by-case basis. If the service is deactivated, please contact us at [contact@ultraswap.ai] for assistance. Please note, under no circumstances will KFA AG, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, consequential, special, or exemplary damages or losses arising out of or in connection with the deactivation of our AI tools, including, but not limited to, loss of profits, loss of goodwill, loss of data, or other intangible losses.

7. Confidentiality, Data Protection

Privacy and Discretion. You might gain access to exclusive information belonging to KFA AG, its associates, and other entities. This exclusive information is meant to be utilized solely for availing the services as laid out in these Conditions. The sharing of this exclusive information with any external party is prohibited. You're expected to safeguard this information as diligently as you would safeguard your own private data of a similar kind, with a minimum level of reasonable care. Exclusive information refers to internal data of KFA AG, its associates, or third parties that has been marked as private or would reasonably be assumed to be private under the circumstances. This encompasses software, guidelines, and other business specifics not in the public domain. Handling of Personal Information. Should you employ the Services to manage or provide personal information, it's essential for you to understand that we may process this data for, and you allow us to process such data.

8. Termination

Conclusion and Interruption. These Conditions are effective from your initial use of the Services and remain so until they're concluded. You can terminate these Conditions at any given time for any reason by ceasing the use of the Services and Content. We reserve the right to terminate these Conditions for any reason by giving you a minimum of 30 days prior notice. We have the right to instantly terminate these Conditions upon notifying you, should you violate sections 2, 5, 8 or 9. We reserve the right to pause your access to the Services if you don't comply with these Conditions, if your usage threatens our security or that of any third party, or if we suspect fraudulent activities that could subject us or any third party to liability. Impact upon Termination. Once termination occurs, you are expected to cease using the Services and promptly return or destroy any exclusive information if we instruct you to do so. Sections of these Conditions which are intended to continue even after termination or expiration, including but no tlimited to Sections 3 and 5-9, should indeed survive.

9. Indemnification

Protection. You agree to guard, compensate, and secure us, our affiliates, and our personnel from any accusations, losses, and costs (including legal charges) that arise from or are related to your usage of the Services. This includes your Content, products, or services you devise or provide in connection with the Services, and any breach of these Conditions or infringement of the relevant law. The Services are offered "AS IS." Except where forbidden by law, KFA AG, our affiliates, and licensors provide no guarantees (be it express, implied, statutory, or otherwise) concerning the Services. We renounce all warranties including, but not limited to, warranties of salability, appropriateness for a specific objective, satisfactory quality, non-infringement, and peaceful enjoyment, as well as any warranties that may arise from dealings or trade usage. We make no assurances that the Services will be continuous, precise, or free from errors, or that any content will be secure or not lost or modified. Liability Restrictions. Neither KFA AG nor any of our affiliates or licensors shall be held accountable for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, usage, or data or other losses, even if we have been made aware of the potential for such damages. Our total liability under these Conditions shall not surpass the larger amount between what you paid for the Service that led to the claim during the 12 months before the liability occurred or one hundred dollars ($100). The constraints in this section are enforced to the maximum extent permitted by the applicable law.

10. Dispute Resolution

You consent to the ensuing obligatory arbitration and collective action renunciation stipulations: No collective proceedings. Any disagreements must be initiated on an individual basis only and cannot be raised as a plaintiff or class member in any alleged class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted. If for any reason a disagreement proceeds in court rather than through arbitration, each party knowingly and irrevocably gives up any right to a jury trial in any action, proceeding, or counterclaim. This does not inhibit either party from partaking in a class-wide settlement of claims.

11. General Terms

Affiliation of Parties. These Conditions do not construct a coalition, shared venture, or representative bond between you and KFA AG or any of KFA AG' associate entities. Both KFA AG and you function independently, and neither entity holds the authority to commit the other or accrue duties on behalf of the other without securing prior written approval from the other party. Brand Usage. It is not permissible for you to utilize the names, symbols, or trademarks of KFA AG or any of its partners without our pre-approved written agreement. Alterations. We reserve the right to modify these Conditions periodically by displaying an updated version on the website, or, in case an update significantly impacts your rights or responsibilities under these Conditions negatively, we will alert you by sending an email to the email linked with your account or by offering an in-product announcement. These modifications will not come into effect any sooner than 30 days following our notification. All other adjustments will take effect right away. Your persistent use of the Services post any alteration indicates your consent to such adjustment. Fair Solutions. You acknowledge that any infraction or breach of these Conditions could inflict irremediable damage to KFA AG and its partners, granting KFA AG the entitlement to pursue restraining orders against you, in addition to any other lawful recourses. Complete Contract. These Conditions, along with any policies integrated within these Conditions, represent the full understanding between you and KFA AG pertaining to the use of the Services. They override any prior or simultaneous contracts, discussions, or comprehensions between you and KFA AG on the subject, barring any service-specific conditions of use or any applicable business agreements. Legal Authority, Location and Choice of Legislation. These Conditions will be presided over by the laws of Switzerland, excluding its conflict of law provisions or principles. Barring provisions specified in the "Conflict Settlement" section, all claims emanating from or related to these Conditions will be exclusively presented in the federal courts of the canton of Luzern, Switzerland.

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