Effective date: 10 July, 2023
Welcome to Prisma Labs, Inc. (“Company”, “we”, “us” or “our”), a mobile technology company specializing in deep learning-related products. Our goal is to move forward mobile photography creation to the next level using neural networks, deep learning and computer vision technics. We aim to create new ways for people to express their emotions through the camera.
These Terms are a binding contract between you and us. You are accepting and agreeing to these Terms on your behalf or on behalf of the person or entity that you represent. If you are Using Lensa on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person’s or entity’s behalf and that such person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15 (Dispute Resolution; Binding Arbitration), do not Use Lensa. Your continued Use of Lensa will confirm your acceptance of these Terms.
NOTE: Lensa uses a Neural Network Model Stable Diffusion that allows users to generate personalized Magic Avatars (“Avatars”). For all the important questions about how Stable Diffusion technology works, you can find answers in their FAQ. For how the Avatars feature works, you can read our short FAQ.
There are certain restrictions to Using the Magic Avatars feature – read more in Section 5.
We do not use your Personal Data to generally train and/or create our separate artificial intelligence/products.
We do our best to moderate the settings of the AI model, however, it is still possible that you may encounter content that you may see as inappropriate for you. Also, we expect and appreciate you observing the rules of Lensa Use listed in Section 5 of these Terms.
From time to time and without prior notice to you, we may change, expand, and improve the application. We may also, at any time, cease to continue operating part or all of the application or selectively disable certain features of the application. Your use of the application does not entitle you to the continued provision or availability of the application. Any modification or elimination of Lensa or any particular features will be done on our sole discretion.
TL;DR: Lensa is not intended for or directed at children. Generally, you should be at least 13 years old or, if you are from the EEA or the UK, 18 years old to use Lensa.
General age limitation.
Lensa website is not intended for or directed at children under 13, and we do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to Use Lensa website. If you are under 13, do not:
If you are a parent or guardian and believe we have collected information from your child who is under the age of 13, please contact us (for contact information, please see Section 22: How to Contact Us).
Age limitation for EEA individuals. You must be at least 18 years old in order to Use Lensa. We do not allow Use of Lensa by EEA individuals younger than 18 years old. If you are aware of anyone younger than 18 Using Lensa, please contact us (for contact information, please see Section 22: How to Contact Us), and we will take the required steps to delete the information provided by such persons.
Age limitation for UK individuals. You must be at least 18 years old in order to Use Lensa. We do not allow Use of Lensa by UK individuals younger than 18 years old. If you are aware of anyone younger than 18 Using Lensa, please contact us (for contact information, please see Section 22: How to Contact Us), and we will take the required steps to delete the information provided by such persons.
Certain Lensa features or functionalities may require you to register an account with us (“Account”). By creating an Account, you agree to:
You are entirely responsible for maintaining the confidentiality, security and control of your Account login information and for all activities that occur in your Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
You may register your Account using a valid account on the app store or marketplace from which you downloaded Lensa (e.g. Apple App Store, Google Play, etc.) (each such account, a “Third-Party Account”). By using Third-Party Account to register your Account, you are allowing Lensa to access your Third-Party Account as permitted under the applicable terms and conditions that govern your and/our use of such Third-Party Account.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
TL;DR: You can upload your photos to Lensa and create amazing Avatars. Your original content and your AI-generated content belong to you, and we claim no ownership over such content. You would need to give us a permission to use that content (for our AI to generate you Avatars). You take this permission away when your Avatars are ready.
Lensa may allow you to upload, edit, create, store and share content, including photos and videos, as well as generate and download your Magic Avatars (“User Content”). We do not claim ownership over your User Content.
We want you to enjoy the functionality of Lensa seamlessly, therefore, we would require a permit (called a license and referenced as a “Company License” explained further) to use your User Content uploaded to the application. We would like to highlight that the Company license is limited within both the purpose of our usage of your User Content and parties we might share this User Content with. Sharing of your User Content would be typically limited to our service providers and/or affiliates, which ensure that the application is functioning as intended. We do not sell or share otherwise any of your User Content with irrelevant third parties and do not receive any proceeds out of its usage, except for ensuring the appropriate functionality and further development of the application.
You acknowledge and agree that our use of your User Content will not result in any injury to you or to any person that you authorized to act on your behalf.
TL;DR: here we impose some rules as to the content you may want to upload. Namely, you must own the photos you upload, and if you don’t, then you must respective rights to upload such content to Lensa. Also, in case you wish to upload a photo depicting your friend or someone else other than you, you may do so only with their consent. If you upload someone else’s content to Lensa and we receive claims, you will indemnify Lensa for such claims (it means that we will ask you to financially compensate us these claims). We encourage you to observe these rules and not harm others using their content without consent.
You represent and warrant that:
You must not upload, edit, create, store or share any User Content that violates these Terms or to which you do not have all the rights necessary to grant us the Company License described above. You, furthermore, agree to indemnify, defend and hold Lensa harmless for any unauthorized use of third-party User Content you might commit (both intentionally or unintentionally) in accordance with Section 11 “Indemnification” of these Terms.
TL;DR: The list below describes the prohibited conduct that leads to breach of this agreement between you and us. Lensa is made for your entertainment, and we want everyone to respect each other and not ruin the user experience by the misuse of Lensa.
You must not violate any applicable contract, intellectual property law, any other applicable law or other third-party rights (including the Company’s rights) or commit a tort, and you are solely responsible for your conduct while Using Lensa.
You represent, warrant and agree that you will not Use Lensa by uploading the User Content or otherwise (all of the following conduct includes any attempts to perform any of the following):
Use of Avatars.
Due to the fact that we use Stable Diffusion AI technology in Lensa for creation of the Avatars, you additionally represent, warrant and agree that you will not Use Avatars feature in the following ways, which are explicitly prohibited under the Stable Diffusion AI technology license (Attachment A), and, in particular:
You, furthermore, agree to abide by the Stable Diffusion AI technology license, incorporated herein by reference, including its Attachment A.
We reserve the right to:
TL;DR: this is to say that everything you see on Lensa (apart from your photos or Avatars) is owned or licensed to Lensa. And we allow you to enjoy the functionality of Lensa to its fullest; if you want to use any Lensa elements outside Lensa, however, you must ask for our consent first. This includes, for example, using our trademarks or logo.
Everything you read below is NOT about your User Content.
Lensa and the text, graphics, images, photographs, videos, audio, music (including but not limited to the Music Content (as defined below)), illustrations, trademarks, trade names, page headers, button and application icons, scripts, service marks, logos, slogans, filters, tools, user generated tools and other content contained in Lensa, excluding your User Content (collectively, “Lensa Content”) (and intellectual property rights in or to the preceding items) are owned by us or licensed to us and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, we and our licensors, as applicable, reserve all rights, title and interests (including without limitation all intellectual rights) in and to Lensa and Lensa Content.
Your use of the Lensa Content shall always be subject to these Terms and, if applicable, additional terms and conditions that we may communicate to you from time to time, such as terms and conditions from our licensors (such additional terms, "Supplemental Terms"). Such Supplemental Terms are hereby incorporated into these Terms by reference. To the extent of any conflict or inconsistency between these Terms and Supplemental Terms the latter shall govern.
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to Use Lensa and the Lensa Content for your own personal use (“User License”); however, such User License is subject to these Terms and (if applicable) the Supplemental Terms and does not include any right to:
Any Use of Lensa or the Lensa Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms and (if applicable) the Supplemental Terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Lensa Content.
We may offer you a library of audio and music content provided by JAMENDO S.A. on Lensa (collectively, “Music Content”). The Music Content available on Lensa may be used only in the context and as part of other User Content that is being edited via Lensa, so long as such editing is performed via Lensa and permitted by the Supplemental Terms. We do not warrant the accuracy or completeness of any information (such as metadata) we provide to you with respect to the Music Content. You shall be solely responsible and liable for determining whether releases are required in connection with any proposed use of the Music Content and you shall be solely responsible and liable for obtaining all necessary releases. We do not grant any right, nor do we make any warranty, with regard to the use of the Music Content.
TL;DR: Some functionalities and features of the application are free of charge. We also offer subscription plans that provide access to enhanced services and additional features If you have any questions about your purchases, contact us at [email protected]
Some functionalities and features of the application are free of charge. We also offer subscription plans that provide access to enhanced services and additional features for a fee (“Purchased Content”).
You may only use the Purchased Content if you are over 18 years old (or of age of legal majority where you live, if different), and only on a limited, personal, non-transferable, non-sublicensable and revocable basis for non-commercial use only.
You may purchase a Purchased Content through a third party, such as the
iOS App Store or Google Play. If you purchase a Purchased Content from a
third party, separate terms and conditions with such third party in
addition to these terms may apply to your access to the Lensa.
Your payment to the third party through which you purchased the Purchased Content will automatically renew and continue until terminated. You must cancel your subscription before it renews in order to avoid paying the subscription fees for the next billing period. We reserve the right to modify, terminate, or otherwise amend the subscription plans we offer from time to time.
Please contact the third party (Apple App Store or Google Play) regarding any refunds or to manage your Purchased Content.
We are unable to view, access, or modify any financial transactions from Apple (as defined below) or Google LLC in-app subscriptions for security and privacy reasons. Instead, we would ask that you reach out to the appropriate support team of Apple or Google LLC in relation to your subscription to request any refunds.
You can cancel your Purchased Content by signing in to your account and following the instructions for canceling your subscription.
If made via a Google in-app subscription or purchase learn more about refunds from Google Play here.
You can request a refund for an Apple in-app subscription or purchase by following the guidance here.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE PURCHASED CONTENT FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR THE UNUSED PURCHASED CONTENT, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY.
TL;DR: If Lensa displays any content that infringes someone’s copyright, please let us know. You can find all the details on how to notify us below.
It is our policy to respect the legitimate rights of copyright owners, and we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any text, graphics, photos, audio, music, videos or other materials or works, including any User Content, uploaded, downloaded or appearing on Lensa have been copied in a way that constitutes copyright infringement, you may request removal of that User Content (or access to it) from Lensa by submitting a written notification to our copyright agent designated below.
In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), such written notice ("DMCA Notice") must include substantially the following:
Our designated Copyright Agent to receive the DMCA Notices is:
440 N Wolfe Rd
+1 (650) 215-8003
If you fail to comply with any of the above requirements to the DMCA Notice, your DMCA Notice may not be effective and, therefore, will be disregarded and not enforced by us. This does not preclude you from sending a follow-up DMCA notice on the same.
Please be aware that if you knowingly materially misrepresent that any material, including User Content, or activity within Lensa is infringing your copyright or the copyright of a person that you know, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
TL;DR: we will be happy to receive your feedback about Lensa. Please note that your feedback is not confidential and we will be able to use it (for example, to display on our website or to post in our social media account).
We welcome any your feedback, questions, comments, suggestions, ideas, original or creative materials or other information you submit about us or Lensa (collectively, “Feedback”). You can submit Feedback by using ”Send Feedback“ button in Lensa settings, or by contacting us at firstname.lastname@example.org or otherwise (for addtional contact details, please, see Section 22 of these Terms “How to Contact Us”), or via reviews in Apple App Store or Google Play. Your Feedback is non-confidential and will become our sole property once submitted to us. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to your Feedback and will be entitled to the unrestricted use and dissemination of your Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You also have the right to amend and supplement your Feedback to us, which we will take into account to provide accurate information to other users about Lensa’s user experience. If we decide to make your Feedback public, we will not use any of your personal data, unless you explicitly consent to it.
TL;DR: if you breach the rules, and we receive claims for it, we may ask you to compensate us financially.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners and employees (individually and collectively, “Company Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (i) your Use of Lensa; (ii) your User Content or Feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); and (v) your conduct in connection with Lensa. You agree to promptly notify the Company Parties of any third party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Company Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Company Parties.
TL;DR: Sometimes the things may not work out as planned. And we don’t claim or guarantee that Lensa will always work perfectly. Just as we can’t claim or guarantee that you won’t see any unexpected results while generating your Avatars – it’s very unpredictable, although we are always working on AI’s safety settings.
We do not control, endorse or take responsibility for any User Content (and its loss) or third-party content linked to Lensa. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Your Use of Lensa is at your sole risk. Lensa is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that Lensa is accurate, complete, reliable, current or error-free, free of viruses or other harmful components. You assume the entire risk as to the quality and performance of Lensa within your Use.
Magic Avatars feature uses external technology Stable Diffusion AI. Due to this, we cannot fully control the results generated by the Magic Avatars feature, and therefore these Avatars in no way represent our official policy or position on religion, ethnic group, club, organization, company, individual, or anyone or anything. We make reasonable efforts to moderate the Magic Avatars feature by configuring the AI setting, which, in any case, are only those that are accessible to us. We do not and cannot moderate the User Content. By agreeing to the Terms and/or purchasing a subscription, you agree to the above disclaimer and waive any claims against us due to the generated Avatars.
The Company, as well as Company’s representatives or affiliates (the “Company Parties”) will not be liable to you under any theory of liability — whether based on contract, tort, negligence, strict liability, warranty, or otherwise — for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if you have been advised of the possibility of such damages.
The total liability of the Company and the other Company Parties, for any claim arising out of or relating to these Terms or Lensa, regardless of the form of the action, is limited to the amount paid, if any, by you to Use Lensa. In no event will the Company’s total liability arising out of or in connection with these Terms or from the Use of or inability to Use Lensa exceed the amounts you have paid to Use Lensa or ten ($10) U.S. dollars, if you have not had any payment obligations to the Company, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.
The limitations set forth in this Section will not limit or exclude liability for fraud or intentional misconduct of the Company or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release the Company and the other Company Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the Users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.
Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with the Company and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or the Company seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or the Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and the Company waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or Lensa resolved in court. Instead, all disputes arising out of or relating to these Terms or Lensa will be resolved through confidential binding arbitration held in Santa Clara County, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
ANY ARBITRATION UNDER THESE TERMS BY EITHER YOU OR US WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US.
You and the Company agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and the Company agree that for any arbitration you initiate, you will pay the filing fee and the Company will pay the remaining JAMS fees and costs. For any arbitration initiated by the Company, the Company will pay all JAMS fees and costs. You and the Company agree that the state or federal courts of the State of California and the United States sitting in Santa Clara County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR LENSA MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND THE COMPANY WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by notifying the Company in writing. The notification must be sent to:
Prisma Labs, Inc.
Re: Arbitration Opt-out
440 N Wolfe Rd
Sunnyvale, CA 94085
In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with this Section.
TL;DR: this agreement is governed by the laws of the State of California.
These Terms and your Use of Lensa will be governed by, construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the user's country. This paragraph doesn’t override those laws.
Any dispute between you and the Company that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Santa Clara County, California.
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms and update the “Effective date” above. In case we make substantial changes to the Terms, including the changes which might affect your rights, we will always notify you via in-app consent, email, or any other means of communication we may deem fit. If you do not agree to the amended terms, you must stop Using Lensa. Your continued Use of Lensa after we provide the notice will imply your acceptance of those changes.
You may opt-out of receiving promotional emails from us at any time through any of the following methods:
You may opt-out of push notifications by changing the settings on your mobile device.
We reserve the right, without notice and in our sole discretion, to terminate your right to Use Lensa. We are not responsible for any loss or harm related to your inability to Use Lensa. Upon any termination, discontinuation or cancellation of Lensa, all provisions of these Terms, which by their nature should survive, will survive, including without limitation, ownership provisions, warranty disclaimers, limitations of liability and dispute resolution provisions.
The application and artificial intelligence may be subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo, and (2) are not a denied party as specified in the regulations listed above.
The following terms apply if you Use Lensa on any device that contains the iOS mobile operating system (“App”) developed by Apple Inc. (“Apple”).
If you have any questions, complaints or claims with respect to these Terms or Lensa, please contact us via email at [email protected].