You can see our previous Terms of Use here
Effective date: 12 Nov, 2019
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 of Use (these “Terms”) apply to all users and others who download, install, access or use (“Use” and “Users”, “you”, as applicable) our mobile application Lensa: Photo Editor (“Lensa” or “application”).
By downloading Lensa, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 14 (Dispute Resolution; Binding Arbitration), do not Use Lensa.
If you have any questions about these Terms or Lensa, please contact us (for contact information, please, see How to Contact Us Section).
Lensa is an application based software that uses artificial intelligence algorithms to provide you with tools for editing and adjusting photos and videos that you can upload onto it.
General age limitation. You must be at least 13 years of age to Use Lensa. If you are under 18 years of age (or the age of legal majority where you live), you may only Use Lensa under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a User under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such User in connection with Lensa. 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 or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
Age limitation for the European Economic Area (“EEA”) residents. Due to requirements of the General Data Protection Regulation (“GDPR”) you shall be at least 16 years old in order to Use Lensa. To the extent prohibited by applicable law, we do not allow Use of Lensa by the EEA residents younger than 16 years old. If you are aware of anyone younger than 16 using Lensa, please contact us (for contact information, please, see How to Contact Us Section) and we will take reasonable steps to preclude such person from Using Lensa.
You represent and warrant that you have the full power and authority to enter into this agreement and that in doing so you will not violate any other agreement to which you are a party and that you have not been previously suspended or removed from Using Lensa. You further agree to Use Lensa in compliance with all applicable laws. Lensa is not available to any Users previously prohibited from Using it.
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you when you Use Lensa.
Lensa may allow you and other Users to create, store and share content, including photos and videos (collectively, “User Content”). User Content does not include User-generated tools. You retain all rights in and to your User Content, as between you and us.
You represent and warrant that: (i) you own the User Content edited and adjusted by you on or through Lensa; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of the User Content you edit and adjust on or through Lensa; and (iii) you have the legal right and capacity to enter into these Terms in your jurisdiction.
You may not create, store or share any User Content that violates these Terms. We will not be liable to you for any modification, suspension or discontinuation of Lensa, or the loss of any User Content.
You acknowledge that Lensa is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertisements and promotions on Lensa or in conjunction with your User Content. The manner, mode and extent of such advertisements and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
You will not violate any applicable contract, intellectual property law or any other applicable law or other third-party rights (including the Company 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, or encourage or assist any other party to Use Lensa to:
You may also only share the User Content that is non-confidential and you have all necessary rights to disclose. You may not create, store or share any User Content that:
We reserve the right, in our discretion and at any time, to remove any User Content from Lensa or suspend or discontinue Lensa, introduce new features or impose limitations on certain features, or restrict access to Lensa.
Lensa and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters, tools, user generated tools and other content contained therein (collectively, “Lensa Content”) 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 reserve all rights in and to Lensa and the Lensa Content. You are hereby granted a limited, nonexclusive, nontransferable, 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 does not include any right to: (i) sell, resell or commercially use Lensa or the Lensa Content; (ii) copy, reproduce, distribute, publicly perform or publicly display the Lensa Content, except as expressly permitted by us or our licensors; (iii) modify the Lensa Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of Lensa or the Lensa Content, except as expressly set forth in these Terms; (iv) use any data mining, robots or similar data gathering or extraction methods; or (v) Use Lensa or the Lensa Content other than as expressly provided in these Terms. 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. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Lensa Content.
Lensa may include virtual services or tools that can be licensed for a fee, typically via in-app purchase (“Purchased Content”). You may only use the Purchased Content if you are over 18 years old, and only on a limited, personal, non-transferable, non-sublicensable and revocable basis for non-commercial use only. We reserve the right to manage, regulate, control, modify, or eliminate Purchased Content at any time (and in case of subscriptions, after a specified time under terms of a respective subscription). Upon the Purchased Content being available to you (and in case of subscriptions, after the Purchased Content has been available to you for a specified time under terms of a respective subscription), our obligations to provide the Purchased Content are deemed fulfilled, and we make no representation that the Purchased Content will be available to the purchaser for any length of time (otherwise as may be specified in terms of a respective subscription), nor that Lensa will continue to support the Purchased Content (otherwise as may be specified in terms of a respective subscription). 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 INVOLTARY.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about us or Lensa (collectively, “Feedback”), is non-confidential and will become our sole property. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
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); or (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.
We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to Lensa.
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. While we attempt to make your access to and Use of Lensa safe, we cannot and do not represent or warrant that Lensa is free of viruses or other harmful components. You assume the entire risk as to the quality and performance of Lensa.
The Company and the other Company Parties will not be liable to you under any theory of liability — whether based in 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.
The limitations set forth in this Section will not limit or exclude liability for the gross negligence, 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 which you may know or suspect to exist in your favor at the time of agreeing to this release.
Transfer and storage of information about you, whilst you Use Lensa, is governed by our Privacy Policy.
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.
You and the Company agree that any dispute arising out of or related to these Terms or Lensa is personal to you and the Company and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and the Company agree that these Terms affect interstate commerce and that the enforceability of this Section 14 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 14 by notifying the Company in writing. The notification must be sent to:
Prisma Labs, Inc.
Re: Arbitration Opt-out
Suite D2028
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 Section 15.
These Terms and your Use of Lensa will be governed by, construed and enforced in accordance with the laws 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. 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 to Lensa and update the “Effective date” above. We may also attempt to notify you by providing notice through Lensa. Unless we say otherwise in our notice, the amended terms will be effective immediately and your continued Use of Lensa after we provide notice will confirm your acceptance of those changes. If you do not agree to the amended terms, you must stop Using Lensa.
By Using Lensa, you also consent to receive electronic communications from us (e.g., via email or by posting notices on Lensa). You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to that such communications shall be in writing.
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.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The following terms apply if you Use Lensa on any device that contains the iOS mobile operating system (“App”) developed by Apple Inc. (“Apple”).
Prisma Labs, Inc.
Suite D2028
440 N Wolfe Rd
Sunnyvale, CA 94085
If you have any questions, complaints or claims with respect to this Privacy Policy or Lensa, please contact us via email at [email protected] or our mailing address:
Prisma Labs, Inc.
Suite D2028
440 N Wolfe Rd
Sunnyvale, CA 94085
These Terms constitute the entire agreement between you and us relating to your Use of Lensa. The failure of us to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The Section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of you and the Company and are not intended to confer third party beneficiary rights upon any other person or entity.