Paid Membership Service Agreement

SERVICE DESCRIPTION

A.Definitions

• 1、
  Member: refers to the user who has read and agreed to these Terms and completed all procedures for paying the subscription fee of the member and enjoys the services of our company during the term of validity of the member. The specific rights and interests of the member are listed in Article 2 of these Terms.
• 2、
  Paid Membership Service Agreement: This Agreement is a supplementary agreement to the User Agreement, Privacy Policy and Membership Service Rules. In case of any conflict between this Agreement and the above agreements, this Agreement shall prevail. For parts not mentioned in this Agreement, the above agreements shall prevail.
• 3、
  Membership Service Rules: refers to all agreements, announcements, page descriptions, notices, preferential activities and other contents related to membership services that have been or will be issued from time to time. The above contents shall come into force upon release and shall form an integral part of this Article.
• 4、
  Materials: refers to the materials and information provided by us, including but not limited to text, pictures, audio, video, special effects, background, templates, etc., which are original and aesthetically designed and can be edited and produced by users, and are used for users to produce works.
• 5、
  Production of works: refers to the final products made and downloaded by users using material content on the AI service tools provided by us.
• 6、
  Commercial use: refers to the commercial use of the production works for business purposes by an enterprise legal person. The specific scope of commercial use is detailed in Article 3 of this Clause, but users shall comply with the relevant authorization restrictions in commercial use.
• 7、
  Membership term: It shall be subject to the term you choose and pay the corresponding fee. You can log into our website [https://www.loomlyai.com].
• 8、
  Member Benefits: These refer to the benefits and exclusive services you can enjoy after purchasing a membership service, as detailed on our official website and based on the services you actually pay for. You acknowledge and agree that we have the right to adjust the types, quantities, duration, content, and delivery methods of the benefits included in your personal subscription service. Depending on your actual payment, the personal subscription benefits you receive may cover all or part of the services under this service.

B.We can update our agreement and policies contained herein at any time based on our judgment of commercial, legal, and policy factors

MEMBER RIGHTS AND INTERESTS

A. During the membership service period, you may use the materials provided by us to create and download the works, and commercial use of the works within the following scope

• 1、
  New media uses: new media pictures, web design, APP design and other design uses;
• 2、
  E-commerce purposes: pictures for third-party e-commerce trading platforms;
• 3、
  Online promotion: E-mail advertising, annual report or other online promotion;
• 4、
  Online advertising: advertising through online media channels;
• 5、
  Electronic publications: cover and illustrations of electronic publications.

B. In addition, after you open the membership service, during the validity period of your membership service, you will obtain the following membership benefits according to the different membership packages you have purchased:

• 1、
  Enjoy fast generation channel;
• 2、
  High-quality video generation;
• 3、
  Remove generated pictures, picture/video watermark;
• 4、
  Image support for picture quality enhancement;
• 5、
  New functions are given priority;
• 6、
  Other membership service benefits that are updated from time to time to enhance the user experience of members.

C. Change of rights and interests

D. Equity restrictions

• 1、
  The authorization under this clause is only valid for the materials provided by us. The content of any other means and the works produced by it are not protected under this clause.
• 2、
  This authorization is for your exclusive use only. At no time shall you transfer, sublicense, or otherwise grant any part or all of this service to any party other than yourself; you must not authorize, transfer, share, or sell this authorization or the materials and works to third parties; you must not allow third parties to download, extract, decompress, or redistribute the materials and works in any form (including as standalone files); nor must you use the materials and works in a way that competes with our business. In case of any conflict between this provision and other provisions of this Agreement, this provision shall prevail.
• 3、
  You shall not use the materials or make works in violation of or beyond the authorization of these Terms, including but not limited to exceeding the scope, authority and time of authorization.
• 4、
  The materials are not supported to be downloaded to the local, and the source files are not provided. Only editing and generating works can be done within our platform. The materials can only be used as part of the works and cannot be used for commercial use separately from the works, nor can the materials be used as the only part of the works.
• 5、
  We shall not be responsible for any editing or modification (including adding or deleting) of the production works after you make and download the production works outside the services provided by us, and you shall bear the legal consequences caused thereby.
• 6、
  You shall not use the works in violation of applicable laws and regulations, including but not limited to deceptive advertising, unfair competition, violation of public order and good customs, and any infringement of the legitimate rights and interests of others.
• 7、
  Please understand that due to the adjustment of our operation strategy, we will limit the free trial benefits for members. If you exceed the number of trial applications within the trial period, we will automatically terminate the contract and recover the free trial benefits for members.

E. We reserve the right to modify the above-mentioned member rights and interests according to applicable laws, regulations, policy changes, our own operation strategies and other factors, including but not limited to adjusting materials and changing preferential policies.

F. You cannot open our Service for yourself or others by any of the following means:

• 1、
  Open the service for oneself or others through any robot software, spider software, crawler software, screen brushing software or any other program or software;
• 2、
  Opening the Service for themselves or others through any improper means or in violation of the principle of good faith;
• 3、
  Open the service for oneself or others in a way not designated by us;
• 4、
  To open the Service for themselves or others by infringing on the legitimate rights and interests of us or others;
• 5、
  Open the Service for oneself or others by other means in violation of applicable laws, administrative regulations and national policies.

G. Fees and cancellations

• 1、
  Payment method: You can pay the membership fee through Stripe.
• 2、
  Fee Refund: Membership services are online and virtual goods, with a pay-after-use model. The membership fee is the price of the online product you purchase, not a prepayment or deposit in the form of a security deposit, savings card, etc. Therefore, once purchased, it indicates that you have already used the product and cannot be refunded. If you encounter any issues during use, please contact us promptly.
• 3、
  Fee standard: The fee structure is independently determined by us based on a comprehensive evaluation of the company's operating costs, business strategies, upstream copyright fees, and other factors, within the limits not prohibited by applicable laws and regulations (adjustments include but are not limited to promotions and price increases), and will be displayed to you in the relevant product service descriptions and payment pages; if there are changes in the charging method or prices during your purchase or renewal, the current valid prices and methods shall apply (except where otherwise agreed upon between us), please read the relevant content carefully before deciding whether to subscribe or renew.
• 4、
  Order cycle: the purchase cycle is by month/quarter/year, which you can choose by yourself.

SERVICE USE STANDARDS AND BREACH HANDLING

A. You shall not engage in the following behaviors during your use of the membership service:

• 1、
  Modify the service content, service period, consumption amount, transaction status and other information through technical means to obtain member services;
• 2、
  cracking, changing, reversing, tampering or otherwise damaging any security measures for member services;
• 3、
  Obtaining membership services or conducting malicious operations through illegal and improper means or by exploiting loopholes in order to refund fees;
• 4、
  Use any or more paid services and rights for profit or illegal profit, sell, transfer, license or transfer any or more paid services or paid rights you enjoy in various ways, or lend the service or paid rights to others for use;
• 5、
  Using any or more paid services and rights to infringe the intellectual property rights, property rights, reputation rights and other legitimate rights and interests of the Company and any third party;
• 6、
  Use of any or more paid services and rights to infringe or allegedly endanger minors;
• 7、
  Other acts in violation of the User Agreement, Privacy Policy, this Agreement, applicable laws and regulations or regulatory policies, or any infringement of the legitimate rights and interests of third parties.

B. If you violate these Terms, we have the right to independently decide and choose to limit or terminate access to all or part of them without prior notice to you, based on our own judgment or the needs of applicable laws and policies, including:

• 1、
  The membership service is restricted, suspended or terminated, and you shall bear the consequences of the inability to use the membership service at your own expense, and the fees paid by you shall not be refunded;
• 2、
  Resort to administrative law enforcement agencies or judicial authorities to pursue the corresponding legal responsibilities. If your violation of this agreement causes any damage to a third party (including us, our affiliates, and content providers), you shall bear the responsibility independently; if we and our affiliates suffer losses, you shall legally compensate (including but not limited to direct losses, indirect losses, damage to reputation, attorney fees, legal expenses, and all other costs incurred in protecting our rights).

C. Any act of your breach of any provision hereof shall also be deemed as a breach of the User Agreement. If there is no explicit agreement on relevant breach of contract and liability for breach hereof, the relevant provisions of the User Agreement on breach shall apply.

SUSPENSION AND TERMINATION OF SERVICES

A. The suspension or termination of the paid services you purchase can include the following:

• 1、
  You voluntarily suspend or terminate, including but not limited to suspending or terminating the purchased paid services, not renewing the use period when it expires, or canceling your user account;
• 2、
  The Company voluntarily suspends or terminates the corresponding paid services due to your breach of contract;
• 3、
  The Company suspends or terminates the corresponding paid services due to the requirements of the state or relevant government regulatory authorities or force majeure events;
• 4、
  Other services that should be suspended or terminated according to applicable laws and regulations.

B. After the suspension or termination of the corresponding paid services, the Company has the right but no obligation to ensure that you receive notices or notifications. When you find that the service cannot be used normally, you must contact the Company.

C. In case of suspension or termination of this Agreement:

• 1、
  The Company shall not be liable to you or any third party except for the liabilities prescribed by law;
• 2、
  Except as otherwise agreed herein, the fees already collected shall not be refunded;
• 3、
  The Company has the right but no obligation to ensure that your user data information for relevant paid services can be retained.

D. In the event that the aforementioned paid services you purchased terminate, you have no right to request the company to continue providing you with the corresponding paid services, user rights, or to require the company to fulfill any other obligations related to the termination of such paid services. However, this does not affect your rights and obligations with the Company based on this agreement before the termination. If your actions result in third-party claims or administrative penalties against the Company, you shall compensate the Company for any resulting losses and (or) expenses incurred.

DISCLAIMER

A. You should have a scientific and rational understanding of artificial intelligence technology and use it legally. You must not violate this agreement or Company rules, nor any applicable laws and regulations. Any judgments you make based on the content you publish, or any subsequent actions taken as a result, will be at your own risk and responsibility (including but not limited to risks arising from your assessment of the authenticity, accuracy, reliability, and non-infringement of the published content).

B. You understand and agree that the products and services provided by us are provided in accordance with the current technology and conditions. We do not make any express or implied warranties for the following circumstances:

• 1、
  The products and services are fully suitable for your use requirements, meet specific purposes, and any products, services or other information obtained by us meets your expectations;
• 2、
  Products and services are not disturbed, timely, safe, reliable or without any errors, and are permanently available;
• 3、
  Any errors in products and services will be corrected;
• 4、
  You are not exposed to any risk in using the products and services.

C. No liability for third party payment channels. Please understand that purchasing our paid services through various payment channels may carry certain risks (including but not limited to criminals stealing user accounts or bank information to engage in illegal activities, or criminals carrying out fraud to induce users to pay). These risks can result in corresponding economic losses for you. The company cannot control these risks and has no obligation to pursue legal responsibility from criminals or compensate you for losses on their behalf. Within the scope allowed by applicable laws and regulations, the company will provide assistance to minimize your losses as much as possible, but any assistance provided by the company should not be considered evidence or basis for the company's legal liability.

D. No liability for Force Majeure. Please understand that the company cannot always or foresee and prevent technical and other risks, including but not limited to force majeure, government actions, network issues, system or equipment failures (including but not limited to server crashes, system instability, database errors), power outages, third-party service defects, hacker attacks, computer viruses, trojans, malicious programs, and other circumstances beyond its control or reasonable anticipation, which may cause service interruptions and losses to your personal data and information. The company does not assume any liability for any losses, damages, or refunds of fees you have paid as a result. However, the company will make every effort to notify you in advance and take measures to minimize your losses and protect your rights.

E. Limit of liability for service interruption. You understand and agree that if the paid services or related rights you purchased are abnormally interrupted or unavailable due to the company's fault, the company will take measures as soon as possible to restore your rights and provide 'compensation' based on actual circumstances (which may include extending the validity period, offering some free trial rights, or other remedy as reasonably determined by the Company).

F. Company has the right to determine provision of its services. Please understand that the company may determine whether to continue providing you with existing paid services and related user rights based on various factors such as operational planning, market environment, operational effectiveness, and policy changes. The company may also modify or adjust these services and rights. The actual paid services and related user rights you use should be based on what is available at the time.

G. No liability for User negligence or misconduct. You shall be responsible for any loss or liability arising from the company's inability to provide its services (or any error in providing paid services) that are the result of or due to your actions or inaction as required by the Company, and the Company shall not be liable, including but not limited to:

• 1、
  Your account is invalid, lost or blocked;
• 2、
  Losses or liabilities caused by the third-party payment institutions, banks and other accounts bound to you, including your use of unauthenticated accounts or accounts not in your own name, freezing or sealing of your account;
• 3、
  Loss of property caused by you telling others your password;
• 4、
  Property losses caused by your personal intentional or gross negligence.

H. Disputes with third parties. If the payment process involves relevant services provided by a third party, in addition to complying with the provisions of this Agreement, you shall also agree to and comply with the agreements and relevant rules of such third party. In any case, any disputes arising from such third party and its related services shall be resolved by you with such third party, and the Company shall not be liable to you or such third party for such disputes.

APPLICABLE LAW AND JURISDICTION OVER DISPUTES

REGARDING THIS AGREEMENT

• 1、
  Click to log in to this service;
• 2、
  Actual use of the services provided by us;
• 3、
  Actual use of any product or service (if any) that we provide together with this Service;
• 4、
  Any products or services (if any) actually provided by a third party together with the Service.