Welcome, and thank you for your interest in Reviosa, Inc. (“Reviosa,” “we,” or “us”) and our website at www.acutstudio.com, along with our related websites, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Reviosa regarding your use of the Service.

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING REVIOSA’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 15, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND REVIOSA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. Service Overview

Acut is an AI-powered professional photo generation service operated by Reviosa. As part of the Service, Reviosa uses a suite of artificial intelligence (“AI”) tools (the “AI Photo Generator”) to generate AI profile photos for users (the “AI Photos”). Users upload various self-images (selfies) to the Service which the AI Photo Generator uses to create a personalized AI face model (“Faceport”) and produce the AI Photos. Users receive professional-quality photos in different backgrounds, poses, and styles.

BIOMETRIC DATA NOTICE. BY UPLOADING SELFIES AND USING THE SERVICE, YOU ACKNOWLEDGE AND CONSENT TO THE COLLECTION, USE, AND STORAGE OF YOUR BIOMETRIC INFORMATION (INCLUDING FACIAL GEOMETRY AND FACEPRINT DATA) FOR THE PURPOSE OF GENERATING AI PHOTOS. YOU WAIVE ANY CLAIMS UNDER STATE BIOMETRIC PRIVACY LAWS TO THE EXTENT PERMITTED BY LAW.

2. Eligibility

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms.

3. Accounts and Registration

To access most features of the Service, you must register for an account or connect through a third-party account (e.g., Google). You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. Reviosa is not responsible for any losses arising from unauthorized use of your account.

4. Payment Terms

4.1 General. Certain features of the Service require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are non-refundable, except as required by law.

4.2 Pricing. Reviosa reserves the right to determine pricing for the Service. Reviosa may change the fees for any feature of the Service, including additional fees or charges, at any time. Your continued use of the Service after a fee change constitutes your agreement to the new fees.

4.3 Subscription Service. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Reviosa or its third-party payment processors to periodically charge all accrued sums until cancellation. You must cancel your Subscription Service before it renews to avoid billing of the next periodic fee. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.

4.4 Refunds. Due to the nature of digital content and AI-generated photos, refunds are generally not available once AI photo generation has commenced. If the Service fails to deliver AI Photos due to a technical error on our part, you may be eligible for a full refund or re-generation at our sole discretion. Refund requests must be submitted within 14 days of purchase.

4.5 Delinquent Accounts. Reviosa may suspend or terminate access to the Service for any account for which any amount is due but unpaid. If your payment method is no longer valid at the time any fee is due, Reviosa reserves the right to delete your account and any associated content without any liability to you.

5. Licenses

5.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Reviosa grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.

5.2 AI Photos. Subject to your compliance with these Terms, Reviosa hereby assigns to you all of its rights, title, and interest (if any) in and to the AI Photos resulting from your use of the Service. The AI Photo Generator may provide the same or similar AI Photos to other users, and this assignment does not apply to the AI Photos resulting from other users’ use of the Service. You agree that we may use AI Photos to (a) provide, maintain, develop, protect and improve the Service, (b) comply with applicable law, and (c) enforce these Terms. You are solely responsible for your use of any AI Photos.

5.3 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or create derivative works of the Service; (b) make modifications to the Service; (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism; or (d) use the Service to develop competing products or services.

5.4 Feedback. If you choose to provide input and suggestions regarding the Service (“Feedback”), you hereby grant Reviosa an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

6. User Content

6.1 User Content Generally. Certain features of the Service permit users to submit, upload, or otherwise transmit content to the Service, including photos, images, and other data (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you provide to the Service, subject to the licenses granted in these Terms.

6.2 License Grant to Reviosa. By providing User Content to the Service, you grant Reviosa a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, reproduce, modify for the purpose of formatting, and create derivative works as authorized in these Terms, in whole or in part, in any media formats. You grant Reviosa the right to use data, content, and information derived from User Content, including uploaded photographs and AI-generated photographs, for the purpose of providing, improving, and developing the Service, including training and improving AI models, and displaying AI-generated photographs on the Service’s website, profiles, galleries, or any other promotional medium.

6.3 Rules for Photographs. If you upload any photograph, image, or likeness that depicts another person, you represent and warrant that you have obtained all necessary consents, permissions, or releases from that person. You may not upload images of other individuals without prior authorization. You may not upload any photograph depicting a minor, and you represent and warrant that all individuals depicted in your uploaded content are 18 years of age or older.

6.4 Representations and Warranties. By providing User Content, you affirm, represent, and warrant that: (a) you are the creator and owner of the User Content, or have the necessary licenses, rights, and consents; (b) your User Content does not infringe, violate, or misappropriate any third-party right; and (c) your User Content is not objectionable, profane, indecent, pornographic, harassing, threatening, or otherwise inappropriate.

6.5 User Content Disclaimer. We are under no obligation to edit or control User Content and will not be in any way responsible or liable for User Content. Reviosa may, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable.

7. Prohibited Conduct

BY USING THE SERVICE, YOU AGREE NOT TO:

  • upload, generate, request, or transmit any content that depicts, promotes, or facilitates child sexual abuse material (CSAM), child exploitation, or any content that sexualizes minors in any way;
  • upload, generate, or transmit any content depicting, promoting, or facilitating human trafficking, non-consensual sexual content, or sexual violence;
  • use the Service to generate images of any person without that person’s consent, or to generate sexually explicit or nude imagery of any real person;
  • use the Service for any illegal purpose or in violation of any applicable law;
  • harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;
  • violate any right of a third party, including by infringing or misappropriating any intellectual property right;
  • access or use any portion of the Service through any automated means (including spiders, robots, crawlers, and data mining tools) other than the software provided by Reviosa;
  • interfere with security-related features of the Service, including by reverse engineering or attempting to discover the source code;
  • interfere with the operation of the Service, including by uploading viruses, malware, or other malicious code;
  • perform any fraudulent activity including impersonating any person or entity;
  • sell or otherwise transfer access granted under these Terms; or
  • attempt to do any of the above or assist any person in doing so.

8. Intellectual Property

8.1 Ownership. The Service is owned and operated by Reviosa. The AI Photo Generator, visual interfaces, graphics, design, compilation, information, data, computer code, products, software, services, and all other elements of the Service (“Materials”) are protected by intellectual property and other laws. All Materials are the property of Reviosa or its third-party licensors. Except as expressly authorized by Reviosa, you may not make use of the Materials.

8.2 DMCA. Reviosa respects intellectual property rights. If you believe that any content on the Service infringes your intellectual property rights, you may contact us at contact@acutstudio.com with a description of the alleged infringement. Reviosa will terminate the accounts of users determined to be repeat infringers.

9. Third-Party Services

The Service may contain links to third-party websites or integrate with third-party services. Reviosa is not responsible for the content, privacy practices, or terms of any third-party services. Your use of third-party services is at your own risk and subject to those third parties’ terms and conditions.

10. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. REVIOSA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

REVIOSA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

REVIOSA USES ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TO PROVIDE THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE TECHNOLOGY IS EXPERIMENTAL, RAPIDLY EVOLVING, AND SUBJECT TO UNEXPECTED OUTPUTS. THE AI PHOTO GENERATOR MAY PROVIDE RESULTS THAT CONTAIN ERRORS, OMISSIONS, OR DO NOT ACCURATELY REFLECT REAL EVENTS, PLACES, PEOPLE, OR FACTS. REVIOSA WILL NOT BE LIABLE FOR ANY MISTAKES, INACCURACIES, OMISSIONS, OR OFFENSIVE MATERIAL IN THE AI PHOTOS. YOU RELY UPON THE AI PHOTOS AT YOUR SOLE RISK.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL REVIOSA, ITS AFFILIATES, OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (THE “REVIOSA ENTITIES”) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY.

THE AGGREGATE LIABILITY OF THE REVIOSA ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO REVIOSA FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; AND (b) US$100.

12. Indemnification

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify the Reviosa Entities from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

13. Term and Termination

13.1 Term. These Terms are effective beginning when you accept the Terms or first access or use the Service, and ending when terminated as described below.

13.2 Termination. If you violate any provision of these Terms, your authorization to access the Service automatically terminates. Reviosa may, at its sole discretion, terminate these Terms or your account, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you. You may terminate your account by contacting us at contact@acutstudio.com.

13.3 Effect of Termination. Upon termination: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account; (c) you must pay Reviosa any unpaid amount that was due prior to termination; and (d) Sections 5 (Licenses), 6 (User Content), 8 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), and 15 (Dispute Resolution) will survive.

13.4 Modification of the Service. Reviosa reserves the right to modify or discontinue all or any portion of the Service at any time, temporarily or permanently, without notice to you. Reviosa will have no liability for any change to the Service or any suspension or termination of your access to the Service. You should retain copies of any content you provide to the Service.

14. Modifications to Terms

We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 7 days after posting or notice to you unless otherwise stated. If you do not agree to the modified Terms, you should discontinue your use of the Service.

15. Dispute Resolution and Arbitration

15.1 Generally. Except as described in Section 15.2, you and Reviosa agree that every dispute arising in connection with these Terms or the Service will be resolved through binding, individual arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, and is subject to very limited review by courts.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND REVIOSA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

15.2 Exceptions. Nothing in these Terms will be deemed to waive the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) file suit in a court of law to address an intellectual property infringement claim.

15.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out within 30 days after accepting these Terms by sending a written notice to Reviosa, Inc., Attn: Legal Department, 1111B S Governors Ave # 94696, Dover, DE 19904, specifying your full legal name, email address associated with your account, and a statement that you wish to opt out of arbitration.

15.4 Arbitrator. Any arbitration shall be administered by JAMS under the rules applicable to consumer disputes (“JAMS Rules”) as modified by these Terms.

15.5 No Class Actions. YOU AND REVIOSA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims.

16. Miscellaneous

16.1 Governing Law. These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and Reviosa submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the State of Delaware for resolution of any lawsuit or court proceeding permitted under these Terms.

16.2 Privacy Policy. Please read our Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by reference into these Terms.

16.3 Entire Agreement. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference, are the entire and exclusive understanding and agreement between you and Reviosa regarding your use of the Service.

16.4 Assignment. You may not assign or transfer these Terms or your rights, in whole or in part, without our prior written consent. We may assign these Terms and all rights granted under these Terms at any time without notice or consent.

16.5 Severability. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

16.6 Electronic Communications. By using the Service, you consent to receiving electronic communications from us. You agree that any notices, agreements, disclosures, or other communications sent electronically will satisfy any legal communication requirements.

16.7 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

16.8 International Use. The Service is operated from the United States. We make no representation that the Service is appropriate or available for use in all locations. If you access or use the Service from outside the United States, you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction, including laws regarding the transmission of Personal Data.

17. Contact Information

The Service is offered by Reviosa, Inc., located at 1111B S Governors Ave # 94696, Dover, DE 19904. You may contact us by sending correspondence to that address or by emailing us at contact@acutstudio.com.