Terms and Conditions

Last amended: May 31, 2021

Please read carefully these Terms of Use (“Terms”) before using our services. These Terms constitute a legally binding agreement between Toretei S.r.l., an Italian company with legal seat in Via T. Salvini n. 25, Rome (Italy) (“Toretei” and the user (the “User”), which regulates your use of the REDRAW mobile application (“Application” or “ReDraw”) and other services as provided herein.

By downloading from the Apple App Store or other platform, installing the application or ticking the respective box in the form on the application, you agree to be bound by these Terms and Toretei Privacy Policy (“Privacy Policy”). Your downloading of the Application from the Apple App Store or other platform is also governed by the respective terms of use and other accompanying documents of Apple App Store or other platforms.

If Toretei provides you with the Services through the website, you agree to be bound by these Terms and the Privacy Policy by using the website.

If you do not agree to these Terms, you cannot access or use our Services.

REDRAW is an online artificial intelligence mobile application to make portraits that allows you to generate classic and modern paintings (“Services”). You may use REDRAW immediately with no registration form being submitted.

Upload. You may upload image, photo or picture with faces from your mobile device in the supported format and file size (“Uploaded content”).

ReDraw. You may click the button “Old Master” or any other similar option. ReDraw artificial intelligence algorithms scan a chosen image, find the faces and in a few seconds generates the painting of the Old Master style, or other styles (“Generated content”).

Share & Download. You may share the Generated content with others via social media, e-mail or other way as suggested in the Application or your device’s operating system and/or download it directly to your mobile device.

Subscription. Toretei retains the right to introduce some Services, which will be available only for paid subscribers. The subscription begins after the initial payment is processed. The payment should be performed via the method and in the amount indicated at the time of the purchase. You are responsible for payment of all fees, charges and taxes (if required by law) related to the transaction. In addition to these Terms, terms of the relevant marketplaces regarding the order of the payment and refunds shall apply to you.

Please note, that subscriptions would be non-returnable and non-transferrable. You might cancel your subscription at any time, but no refunds would be paid on any remaining subscription period.

Scope of the Services. Toretei reserves the right to change the Services scope listed herein and change/introduce prices and fees applicable to the Services at any time for any reason in its sole discretion and without notice. Toretei is entitled to stop or restrict provision of use of REDRAW and/or of the Services in full or in part toward a certain user. Toretei retains powers to discontinue provision and/or support REDRAW and/or of the Services without any prior notice.

You must be at least 18 years of age to access or use REDRAW and/or our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use REDRAW and/or our Services 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 REDRAW and/our Services.

By using REDRAW and/or the Services, you state that: you can form a binding contract with Toretei., meaning that you either are over the age of 18 or you use the Services under a parent’s or legal guardian’s supervision; you are not a person barred from using REDRAW and/or the Services under the laws of the European Union (including the laws of the EU member states) the United States of America or any other applicable jurisdiction; you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

Our Services and the text, graphics, images, illustrations, trademarks, trade names, page headers, button icons, scripts and other content contained therein are owned by Toretei (“REDRAW Content”) and is protected by copyright, patent, trade secret and other intellectual property laws. Except as explicitly stated in these Terms, Toretei reserves all rights in and to REDRAW and our Services.

Toretei hereby grants you a limited, worldwide, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms allow.

Such license does not include any right to: (a) sell or commercially use any part of our Services; (b) copy, reproduce, distribute, publicly perform or publicly display any part of our Services and REDRAW Content; (c) modify any part of our Services or REDRAW Content, remove any proprietary rights notices; (d) reverse engineer or attempt to extract the source code of that software; or (e) use our Services and the REDRAW Content other than as expressly provided in these Terms.

Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted under these Terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary notices incorporated in or accompanying

Our Services may allow you to use the Services with the Uploaded content, as well as to create, post, store and share the Generated content. The Uploaded and the Generated content is your intellectual property. Except for the license you grant below, you retain all rights in and to your content. REDRAW does not claim ownership of any user content.

You hereby grant REDRAW a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, use in any way, display, reproduce, modify, adapt, edit, publish, and distribute Uploaded and Generated content. This license is for the limited purpose of operating, developing, providing, and improving the Services, and displaying Uploaded content in the Art Collection for the User’s repeated use.

The Generated content may be public, so the license you grant us for this content is broader. In addition to granting us the rights mentioned in the previous paragraph, you also grant us a perpetual license to create derivative works from, exhibit, broadcast, publicly perform, and publicly display the Generated content in any form and in any and all media or distribution methods.

You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of REDRAW, including, but not limited to, through the sale of advertising, sponsorships, promotions, usage data. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any user content or your use of any materials made available to you on or through REDRAW, including in any user content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service.

You warrant that your content does not and will not violate third-party rights of any kind, including without limitation any persona rights, intellectual property rights or rights of privacy or publicity. You hereby represent that you are the owner of the copyright with respect to all your content and have the power to grant the license to REDRAW as set forth herein.

You hereby acknowledge that you are solely responsible for the Uploaded content and Generated content, as well as any consequences of publicly posting and sharing such content, including, but not limited to any claims, costs, losses, damages, expenses, judgments, any other possible conflicts, disputes, contretemps or issues arising out of or related to your content.

You hereby acknowledge that you are entitled to delete any of the Uploaded content from your profile gallery, but it shall not cause revoking of the license granted to REDRAW.

If you share the Generated content publicly through the Services or in any other way, you acknowledge that such content will be accessible to others. Any content will be considered non-confidential and non-proprietary. You must not post any content on or through the Services or transmit to us any content that you consider to be confidential or proprietary. Please do not publicly post or submit any user content that you do not want to be publicly accessible or viewable, or that you do not have rights to post.

You may only use REDRAW, the Services and its contents for lawful purposes. You will not violate any applicable law, contract, intellectual property or other third-party right. You are solely responsible for your conduct while accessing or using REDRAW and/or our Services, as well as for all content you upload, share or otherwise transmit to or via REDRAW and/or the Services.

While using REDRAW and the Services you may not, and may not encourage, authorize, or assist others to:

(a) engage in any harassing, threatening, intimidating, predatory or stalking conduct;

(b) use REDRAW and our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying REDRAW and our Services or that could damage, disable, overburden or impair the functioning of REDRAW and/or our Services in any manner, including by submitting a virus, worm, or Trojan horse;

(c) reverse engineer, decompile, disassemble, or in any way access or attempt to access the source code of REDRAW and/or the Services or attempt to study or test the vulnerability of REDRAW and/or the Services or to breach any security measures, regardless of your motives and/or intent;

(d) attempt to circumvent any measures employed to limit access to any part of REDRAW and our Services, or attempt to access any feature or area of REDRAW and our Services that you are not authorized to access;

(e) develop or use any third-party applications that interact with REDRAW and our Services without our prior written consent, including any scripts designed to scrape or extract data from REDRAW and/or our Services, or intercept any system data, personal information, or other data relating to REDRAW and/or the Services,

(f) use REDRAW and/or our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may not upload, share or otherwise transmit to or via REDRAW and/or the Services any content that:

(a) is unlawful, harmful, libelous, defamatory, obscene, abusive, racially or ethnically offensive, pornographic, indecent, lewd, harassing, threatening, invasive of personal privacy or publicity rights, or otherwise objectionable;

(b) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

(c) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

(d) contains any unsolicited promotions, political campaigning, advertising or solicitations;

(e) contains any private or personal information of a third party without such third party’s consent;

(f) may harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

(g) contains any viruses, corrupted data or other harmful, disruptive or destructive files or content, designed to interrupt, destroy or limit the functionality of REDRAW and/or the Services;

(h) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships (e.g., inside information, confidential information received in the context of an employment or a non-disclosure agreement); or

(i) is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose REDRAW or others to any harm or liability of any type.

Toretei reserves the right, but is not obligated, to reject and/or remove any user content that Toretei believes, in its sole discretion, violates these provisions.

Toretei reserves the right to monitor all user content posted on/submitted to REDRAW and/or the Services.

Toretei may at its sole discretion remove any user content, including, but not limited to the content that contains any illegal content, viruses, spyware and malware, obscene or pornographic materials, libelous, defamatory, violent or hate-oriented content, promotes any commercial activities, or any other content that may harm Toretei, its business or reputation.

Without limiting the foregoing, Toretei may remove any material that Toretei, in its sole discretion, finds to be in violation of these Terms or otherwise objectionable.

If you have noticed any violation of these Terms and/or objective, from your prospective, content of any nature whatsoever, please contact us at termsofuse@toretei.com or use in-app report form.

Toretei respects the intellectual property rights of others and expects its Users to do the same. In accordance with applicable laws, Toretei will respond expeditiously to claims of copyright infringement committed using REDRAW and/or the Services if such claims are reported to Toretei.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements by submitting a copyright infringement notification to the e-mail address: termsofuse@toretei.com. The notification must include the following:

(a) an email address, physical address or phone number so that we can contact you;

(b) a clear and complete description of your work that you believe has been infringed;

(c) the URL or other identifying location of the allegedly infringing work;

(d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;

(e) a statement, made under you exclusive responsibility, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

You hereby agree to indemnify Toretei any of its officers, directors, employees and agents and its affiliated and related entities from and against any claims, costs, losses, liabilities, damages, expenses and judgments of any and every kind arising out of, relating to, or incurred in connection with any claim, complaint, audit, inquiry, or other proceeding, that arises or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (b) your wrongful or improper use of REDRAW and/or the Services or the information contained herein; (c) any other party’s access or use REDRAW and/or of the Services with your information.

Toretei respects your privacy and has established certain policies and procedures relating to the collection and use of your personal information. Please check our Privacy Policy to be aware of how we collect, use and share your personal information when you use REDRAW and/or our Services.

You expressly understand and agree that you access to and use of REDRAW and/or the Services at your own risk. The REDRAW and/or Services are provided on “as is” and “as available” basis. Toretei expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Toretei makes no warranty that REDRAW and/or the Services will be uninterrupted, timely, or error free, and REDRAW and/or the Services will be available at all times, in all countries and/or all geographic locations.

Except as otherwise required by law, in no event shall Toretei, our directors, members, employees or agents be liable for any special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, arising out of or in any way connected with the use of or inability to use REDRAW and/or our Services, regardless of the basis upon which liability is claimed (breach of contract, strict liability, failure of essential purpose, or otherwise) and even if Toretei has been advised of the possibility of such loss or damage.

Toretei does not accept any responsibility related to the operation of any software, the presence of viruses or other malicious code elements, dangerous or destructive files, which can spread or in any other way affect the software and hardware as a result of using REDRAW and/or the Services by you, accessing information or downloading any content.

If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law. You understand and agree that it is your obligation to ensure compliance with any legislation relevant to your country of domicile concerning the use of REDRAW and the Services.

REDRAW may contain links to third-party websites and services. Please note that their presence does not mean that they are recommended by Toretei and Toretei does not guarantee their safety and conformity with any your expectations. Toretei is not responsible for maintaining any materials referenced from another website, and makes no warranties for that website or respective service. Toretei assumes no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and services.

These Terms and other relationships between you and Toretei shall be governed by the laws of Italy. All disputes and disagreements that might arise out of or in connection with these Terms shall be resolved by means of amicable negotiations.

You agree that for the purposes of the settlement of disputes between you and Toretei, an e-mail correspondence with the authorized persons of Toretei at: termsofuse@toretei.com shall be the effective and binding method of communication.

If the Parties cannot agree on the subject of the dispute within thirty (30) days, the dispute shall be shall be referred to and resolved by the Court of Rome (Italy).

Toretei reserves the right to modify, amend or otherwise change these Terms from time to time if doing so will be deemed necessary in order to comply with the applicable laws and actual circumstances of the functioning of REDRAW and/or the Services, so please periodically check this page to ensure that you’re satisfied with any changes. Additional notifications on any amendments will be displayed or otherwise communicated to you when using REDRAW and/or the Services after the amendments were made. If within one week after such notification has been shown to you, you continue to use REDRAW and/or the Services, you will be considered as having accepted all the amendments, unless there is an obligation imposed on Toretei by an applicable law to obtain your explicit consent to the amendments.

These Terms and shall be valid till terminated by either Party. Notwithstanding anything contained herein, Toretei reserves the right, without notice and at our sole discretion, to terminate these Terms or suspend your right to access REDRAW, including (but not limited to) in case of your breach of these Terms or if Toretei believes you have committed fraud, negligence or other misconduct.

These Terms shall supersede any other arrangements between the Parties as well as all prior versions thereof. Should any provision of these Terms (a clause or a statement within a clause) be void, unenforceable or legally invalid otherwise, it shall not affect any other provision hereof, or these Terms as a whole.

We hope these Terms helped you to understand how REDRAW and the Services work and be sure everything is foreseeable and safe while using it. If you have any questions regarding the use of REDRAW and Services or regarding these Terms, please contact us at termsofuse@toretei.com.

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