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HairPaca Terms of Use

Acceptance of Terms

Hairpaca.com provides you (the user) with online virtual hairstyle try-ons and related features, subject to your acceptance of all the terms, conditions, policies, and notices stated here.

By visiting our site and using our services, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site.

This document is legally binding and governs your use of our Services. The Service includes the online virtual hairstyle try-ons, and any other services or features we may provide.

This Agreement is entered into by Hairpaca and you, the entity or person agreeing to these terms (“Customer”), and governs the Customer’s access to and use of the Services.

This Agreement becomes effective when the Customer acknowledges acceptance and proceeds to use the Services (the “Effective Date”).

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Service Description and Use

Hairpaca.com offers a unique AI-powered service that provides online hairstyle try-ons based on user-submitted photos, along with hairstyle information services. This service is for entertainment purposes only and should not be used for any medical, legal, or scientific purposes.

Service Usage

To use our service, users must upload a clear, recent digital photo of themselves. Our AI algorithm will analyze these images to provide an online virtual hairstyle try-on experience. Users will receive images showing different hairstyles as part of the predictive output.

Nature of Predictions

The generated hairstyle photos are created by AI algorithms and are speculative. They are not intended to accurately represent the user's actual hairstyle appearance. Users should understand that this technology is based on current AI capabilities, has limitations, and may evolve over time.

Service Modifications and Availability

We continuously strive to improve our service and may modify algorithms, features, or the user interface at any time without notice. While we aim for continuous availability, the service may experience downtime and maintenance periods.

User Responsibility

Users are responsible for ensuring that the photos they provide comply with our photo submission guidelines and do not infringe on any third-party rights. Users must also ensure they have the necessary rights and permissions to use the images they upload.

Age Restriction

Users must be at least 18 years old to use our service. By using our service, you represent and warrant that you meet this age requirement.

Intellectual Property Rights and User Content

Intellectual Property of Hairpaca.com

The technology, software, algorithms, methodologies, designs, and all other intellectual property related to Hairpaca.com’s services, including all predictive images generated by our AI (collectively referred to as “Our IP”), are the exclusive property of Hairpaca or its licensors. Use of Our IP is strictly limited to the scope of the services provided and does not transfer any intellectual property rights to the user.

User Content

When you upload images or any other content (collectively, “User Content”) to our platform, you retain all rights to your User Content. However, by uploading User Content, you grant Hairpaca.com a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and display the User Content solely for the purpose of providing and improving our services.

Responsibility for User Content

You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content you submit. You agree to not upload any content that infringes upon any intellectual property or personal rights of others.

Prohibited Content

Users must not upload content that is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service.

Content Removal and Account Termination

Hairpaca.com reserves the right, but is not obligated, to remove or refuse any content for any reason at our sole discretion. Repeated infringement of intellectual property rights, including the rights of Hairpaca.com or other users, may result in the termination of your account and access to our services.

Hairstyle Influencers and Photos

All hairstyle influencers and their hairstyle photos displayed on Hairpaca are copyrighted by their respective owners. For removal requests, please contact help.pumpsoul@gmail.com.

Privacy and Data Protection

Data Collection and Usage

In the course of providing our services, Hairpaca.com collects and processes personal data as outlined in our Privacy Policy. This includes, but is not limited to, photographs uploaded by the user, and email addresses for delivering our service outputs. We are committed to protecting the privacy and security of our users’ data.

Purpose of Data Processing

The data provided by users is used exclusively for the purpose of generating AI-based predictions and for communicating with the user regarding the service. We do not use this data for any unrelated marketing or commercial purposes without explicit consent from the user.

Data Storage and Security

We implement a variety of security measures to maintain the safety of your personal data. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security.

User Rights and Data Management

Users have the right to access, rectify, or erase their personal data held by Hairpaca.com. Requests for data access or deletion can be made through our designated channels as specified in our Privacy Policy.

Third-Party Disclosure

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential.

Compliance with Laws

We will disclose user information where required by law or subpoena or if we reasonably believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.

Limitations of Liability and Disclaimer of Warranties

Service “As Is”

The services provided by Hairpaca.com are offered on an “as is” and “as available” basis. While we strive to maintain high standards for our services, Hairpaca.com does not guarantee that the services will be uninterrupted, timely, secure, or error-free.

Accuracy of Predictions

The AI-generated predictions are for entertainment purposes only and should not be relied upon for accuracy.

No Warranties

Hairpaca.com 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.

Limitation of Liability

In no event shall Hairpaca.com, Hairpaca, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

User Responsibility

You agree to defend, indemnify and hold harmless Hairpaca.com and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Payment, Refunds, and Service Modification

Payment Terms

Access to the Hairpaca.com services may require payment of fees, as detailed on the website or through the service process. Users agree to pay all fees in accordance with the pricing and payment terms presented at the time of purchase. Fees are subject to change at Hairpaca.com’s sole discretion.

Refund Policy

Given the digital nature of our services and the immediate delivery of personalized content, we generally do not offer refunds. However, if there are exceptional circumstances where the service did not meet the expectations set by our platform, users may contact us for potential refund considerations. All refund requests must be made within a specified period of 7 days from the service delivery date.

Service Modification

Hairpaca.com reserves the right to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of the service.

Changes in Fees

We may change our fees and payment policies for the Services from time to time, including the addition of costs for additional services or features. Any changes to fees will be announced through our platform and will not apply retroactively.

Billing Information

It is the user’s responsibility to provide accurate and complete billing information. Users must promptly update all information to keep the billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and users must promptly notify Hairpaca.com if their payment method is canceled or if they become aware of a potential breach of security.

Termination and Account Cancellation

Right to Terminate

Hairpaca.com reserves the right to terminate or suspend your account and bar access to the service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

Effect of Termination

Upon termination, your right to use the service will cease immediately. If you wish to terminate your account, you may simply discontinue using the service.

Survival of Terms

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

User’s Responsibility on Termination

It is your responsibility to secure any data or personal content uploaded to Hairpaca.com prior to termination. We are not responsible for providing access to such data or content following termination.

Account Cancellation

Users may cancel their account at any time through the website’s account management features or by contacting customer support. Upon cancellation, all rights granted to you under these terms will immediately cease.

General Provisions

Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Entire Agreement

These Terms constitute the entire agreement between us regarding our service, and supersede and replace any prior agreements we might have had between us regarding the service.

Amendments to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the service.

Contact Information

For any questions about these Terms, please contact us through the contact information provided on the Hairpaca.com website.

Force Majeure

Neither party shall be liable for any failure to perform its obligations where such failure results from any cause beyond the party’s reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hairpaca.com without restriction.