Terms of Service

1. Acceptance of Terms

By accessing or using UppMatch ("Service", "we", "us"), you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, do not use the Service. You must be at least 18 years old to use UppMatch. By using the Service, you represent and warrant that you meet this requirement.

2. Description of Service

UppMatch is an AI-powered photo generation service. Users upload personal photos to train a custom AI model (LoRA), which is then used to generate new images of the user in various scenes. The Service is intended solely for the creation of personal dating profile and social media photos of yourself.

3. Your Photos and AI Model — Consent Requirements

By uploading photos to the Service, you grant UppMatch a limited, non-exclusive license to use those photos solely for training your personal AI model. Additionally:

• You may only upload photos in which you are the subject, or photos where you have obtained explicit written consent from every individual depicted.
• You may not upload photos of minors (under 18) under any circumstances.
• You may not upload photos for the purpose of creating a likeness of, impersonating, or generating images of any other person without their explicit, documented written consent.
• You may not upload photos depicting nudity, explicit sexual content, violence, or illegal activity.
• Your training photos are used exclusively to train your personal model and are never shared with other users or used to train shared or public AI models.
• Violation of these rules may result in immediate account termination and potential legal action.

4. Content License to UppMatch

By uploading content to UppMatch, you grant us a worldwide, royalty-free, non-exclusive, perpetual license to store, process, and use your uploaded photos and generated images solely for the purpose of operating and improving the Service. We will not sell, license, or publicly display your photos or generated images. This license terminates when you delete your account, subject to applicable data retention obligations.

5. Generated Content — Permitted Use

AI-generated photos produced by the Service are intended for your personal use, including dating apps and social media as representations of yourself. You agree that:

• You will not use generated photos to deceive, defraud, or materially mislead others about your identity.
• You will not use generated photos for commercial purposes (advertising, stock photography, etc.) without our prior written consent.
• You acknowledge that AI-generated photos are synthetic and may not perfectly represent your actual appearance.
• You will not use the Service to generate content that is defamatory, harassing, obscene, or otherwise unlawful.
• You will not attempt to generate images of real third parties, celebrities, or public figures without their explicit written consent.

6. Prohibited Activities

You agree not to engage in any of the following:

• Reverse engineering, decompiling, or attempting to extract the source code of the Service
• Scraping, crawling, or using automated tools to access or collect data from the Service
• Attempting to gain unauthorized access to any part of the Service, its servers, or related systems
• Uploading malware, viruses, or any malicious code
• Impersonating any person or entity or misrepresenting your affiliation with any person or entity
• Using the Service to harass, stalk, threaten, or harm any individual
• Circumventing any content moderation, credit, or access control systems
• Reselling, sublicensing, or commercializing access to the Service without authorization
• Using the Service in any way that violates applicable laws or regulations

7. Credits and Payments

Access to the Service requires the purchase of credits. All payments are processed securely via Stripe.

• Initial credit packs are valid for 30 days from the date of purchase.
• Top-up credits purchased separately do not expire while your account remains active.
• All purchases are final and non-refundable, except where required by applicable law. By completing a purchase, you acknowledge that the Service involves digital goods delivered immediately and expressly waive any right of withdrawal or cooling-off period to the extent permitted by law.
• We reserve the right to modify credit pricing with reasonable prior notice.
• Credits have no cash value and cannot be transferred between accounts.

8. Indemnification

You agree to indemnify, defend, and hold harmless UppMatch and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or publicity right; or (d) any content you upload or generate using the Service.

9. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that the Service will be uninterrupted, error-free, or that generated photos will meet your expectations. AI models are probabilistic by nature — results vary. We expressly disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

To the maximum extent permitted by applicable law, UppMatch's total liability to you for any claims arising from or related to the Service shall not exceed the greater of $100 USD or the amount you paid to us in the 3 months preceding the claim. In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of the Service.

11. Dispute Resolution — Binding Arbitration

Please read this section carefully. It affects your legal rights.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved exclusively through binding individual arbitration, not in court. You waive any right to participate in a class action lawsuit or class-wide arbitration.

• Arbitration shall be conducted by a mutually agreed arbitrator under the rules of the American Arbitration Association (AAA).
• Arbitration shall take place in the state of Delaware, United States, unless otherwise agreed.
• The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
• Nothing in this section prevents either party from seeking emergency injunctive relief from a court to prevent irreparable harm pending arbitration.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Subject to the arbitration clause above, you consent to the exclusive jurisdiction of the state and federal courts located in Delaware for any matters not subject to arbitration.

13. Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for violations of these Terms or for any conduct we determine to be harmful to other users or the Service. Upon termination, your AI model and generated photos may be permanently deleted. You may cancel your account at any time from the Billing section of the app. Cancellation does not entitle you to a refund of unused credits.

14. Modifications to the Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

15. EU, UK, and California Users

If you are located in the European Union, United Kingdom, or California, additional rights may apply to you:

• EU/UK (GDPR): You have the right to access, rectify, erase, restrict, or port your personal data. You may also object to certain processing. To exercise these rights, contact us at info@uppmatch.com. You have the right to lodge a complaint with your local data protection authority.
• California (CCPA): California residents have the right to know what personal information we collect, to request deletion, and to opt out of the sale of personal information. We do not sell personal information. To submit a CCPA request, contact info@uppmatch.com.
• For EU/UK users, the arbitration clause above does not affect your statutory rights under applicable consumer protection law.

16. Changes to These Terms

We may update these Terms at any time. We will provide reasonable notice of material changes via email or an in-app notice. Continued use of the Service after the effective date of changes constitutes your acceptance of the revised Terms.

17. Contact

For questions about these Terms, contact us at info@uppmatch.com.