Terms of Service and Privacy Policy

PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT" OR "TERMS OF SERVICE") CAREFULLY BEFORE USING THE SERVICES OFFERED BY OHAYODOLLS.COM. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE OHAYODOLLS WEBSITE AND ALL RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, ANY FEATURES, CONTENT, WEBSITES (INCLUDING OHAYODOLLS.COM) OR APPLICATIONS OFFERED FROM TIME TO TIME BY OHAYODOLLS IN CONNECTION THEREWITH (COLLECTIVELY "SERVICE(S)"). BY USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

"The Site" refers to the websites operated by OhayoDolls, including but not limited to ohayodolls.com, as well as any associated applications, services, features, content, and functionalities offered by OhayoDolls.

Acceptance of Terms of Service

The Service is offered subject to acceptance without modification of all of these Terms of Service and all other operating rules, policies and procedures that may be published from time to time in connection with the Services by OhayoDolls. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by OhayoDolls from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.

OhayoDolls may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Rules and Conduct

By using OhayoDolls, you agree that the Service is intended solely for the purpose of managing your doll collection and using AI-powered styling tools. You acknowledge and agree that when creating AI-generated content involving other individuals, you must have their express written consent.

By using the OhayoDolls app, you agree that you are at least 18 years old or have reached the legal age of majority in your country of residence. If you are under 18 or the legal age in your country (whichever is higher), you are prohibited from using this app.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action (including making use of the Site, any Assets or our models or derivatives of our models) that: would constitute a violation of any applicable law, rule or regulation; infringes upon any intellectual property or other right of any other person or entity; is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, furthering of self-harm or profane; creates Assets that exploits or abuses children; generates or disseminates verifiably false information with the purpose of harming others; impersonates or attempts to impersonate others; generates or disseminates personally identifying or identifiable information; creates Assets that implies or promotes support of a terrorist organization; creates Assets that condone or promote violence against people based on any protected legal category.

You agree to not use the Service for the purpose of generating nudes or pornography.

Further, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on OhayoDolls's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures OhayoDolls may use to prevent or restrict access to the Service (or parts thereof); (iv) use any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods, other than as permitted through an allowable API; (v) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services that are not open (except to the extent such restrictions are contrary to applicable law); and (vi) reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without our express written permission.

DMCA and Takedowns Policy

OhayoDolls utilizes artificial intelligence systems to produce the Assets. Such Assets may be unintentionally similar to copyright protected material or trademarks held by others. We respect rights holders internationally and we ask our users to do the same.

Modification of Terms of Service

At its sole discretion, OhayoDolls may modify or replace any of the Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the OhayoDolls website or Service or by sending you an email. OhayoDolls may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.

Trademarks and Patents

All OhayoDolls logos, marks and designations are trademarks or registered trademarks of OhayoDolls. All other trademarks mentioned in this website are the property of their respective owners. The trademarks and logos displayed on this website may not be used without the prior written consent of OhayoDolls or their respective owners. Portions, features and/or functionality of OhayoDolls's products may be protected under OhayoDolls patent applications or patents.

Licensing Terms

Subject to your compliance with this Agreement, the conditions herein and any limitations applicable to OhayoDolls or by law: (i) you are granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, freely revocable license to access and use the Service for business or personal use; (ii) you own all Assets you create with the Services and (iii) we hereby assign to you all rights, title and interest in and to such Assets for your personal or commercial use. Otherwise, OhayoDolls reserves all rights not expressly granted under these Terms of Service. Each person must have a unique account and you are responsible for any activity conducted on your account. A breach or violation of any of our Terms of Service may result in an immediate termination of your right to use our Service.

Fees and Payments

You agree that OhayoDolls provides you immediate access to digital content and begins service consumption immediately upon purchase, without the standard 14-day withdrawal period. Therefore, you expressly waive your right to withdraw from this purchase. Due to the high costs of GPU processing, we're not able to offer refunds because we reserve servers and incur high costs for your usage immediately. The subscription will be automatically renewed for the same period of time after the agreed term. If you do not wish to renew your subscription in the end of the term, you should cancel prior to the renewal date of your subscription.

OhayoDolls offers a paid Service. You can sign up for a monthly or yearly subscription, that will automatically renew on a monthly or yearly basis. You can stop using the Service and cancel your subscription at any time through the website. If you cancel your subscription, you will not receive a refund or credit for any amounts that have already been billed or paid. OhayoDolls reserves the right to change its prices and offering (like credits or models) at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal.

Unless otherwise stated, your subscription fees ("Fees") do not include federal, state, local, and foreign taxes, duties, and other similar assessments ("Taxes"). You are responsible for all Taxes associated with your purchase and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment or additional evidence that we may reasonably require. If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment. You may not create more than one account to benefit from the Free tier of our Services. If we believe you are not using the Free tier in good faith, we may charge you standard fees or stop providing access to the Services.

Termination

OhayoDolls may terminate your access to all or any part of the Service at any time if you fail to comply with these Terms of Service, which may result in the forfeiture and destruction of all information associated with your account. Further, either party may terminate the Services for any reason and at any time upon written notice. If you wish to terminate your account, you may do so by following the instructions on the Service. Any fees paid hereunder are non-refundable. Upon any termination, all rights and licenses granted to you in this Agreement shall immediately terminate, but all provisions hereof which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You shall defend, indemnify, and hold harmless OhayoDolls, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to (i) your use or misuse of, or access to, the Service, or (ii) your violation of the Terms of Service or any applicable law, contract, policy, regulation or other obligation. OhayoDolls reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with OhayoDolls in connection therewith.

Limitation of Liability

IN NO EVENT SHALL OHAYODOLLS OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE OR, IF GREATER, $500. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimer

ALL USE OF THE SERVICE AND ANY CONTENT IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Age Requirements

By accessing the Services, you confirm that you're at least 18 years old and meet the minimum age of digital consent in your country. If you are not old enough to consent to our Terms of Service in your country, your parent or guardian must agree to this Agreement on your behalf.

Miscellaneous

The Terms of Service are the entire agreement between you and OhayoDolls with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and OhayoDolls with respect to the Service. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. OhayoDolls shall not be liable for any failure to perform its obligations hereunder due to any cause beyond OhayoDolls's reasonable control. The Terms of Service are personal to you, and are not assignable or transferable by you except with OhayoDolls's prior written consent. OhayoDolls may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Service and neither party has any authority of any kind to bind the other in any respect.

Privacy

Our commitment to privacy and data protection is reflected in this Privacy Statement which describes how we collect and process "personal information" that identifies you, like your name or email address. Any other information besides this is "non-personal information." If we store personal information with non-personal information, we'll consider that combination to be personal information.

References to our "Services" at OhayoDolls (ohayodolls.com) in this statement include our website, apps, and other products and services. This statement applies to our Services that display or reference this Privacy Statement. Third-party services that we integrate with are governed under their own privacy policies.

Information Gathering

We learn information about you when: You directly provide it to us. For example, we collect: Name and contact information. We collect details such as name and email address. Payment information. If you make a purchase, we collect credit card numbers, financial account information and other payment details. Content and files. We collect and retain the photos, documents or other files you send to us in connection with delivering our Services, including via email or chat.

We collect it automatically through our products and services. For instance, we collect: Identifiers and device information. When you visit our websites, our web servers log your Internet Protocol (IP) address and information about your device, including device identifiers, device type, operating system, browser, and other software including type, version, language, settings, and configuration. Geolocation data. Depending on your device and app settings, we collect geolocation data when you use our Services. Usage data. We log your activity on our website, including the URL of the website from which you came to our site, pages you viewed on our website, how long you spent on a page, access times, and other details about your use of and actions on our website.

Information Use

We use each category of personal information about you: To provide you with our Services. To improve and develop our Services. To communicate with you. To provide customer support.

Information Sharing

We share information about you: When we've asked & received your consent to share it. As needed, including to third-party service providers, to process or provide Services or products to you, but only if those entities agree to provide at least the same level of privacy protection we're committed to under this Privacy Statement. To comply with laws or to respond to lawful requests and legal process. Only if we reasonably believe it's necessary to prevent harm to the rights, property or safety of you or others. In the event of a corporate restructuring or change in our organizational structure or status to a successor or affiliate.

Information Protection

We implement physical, business and technical security measures to safeguard your personal information. In the event of a security breach, we'll notify you so that you can take appropriate protective steps. We only keep your personal information for as long as is needed to do what we collected it for. After that, we destroy it unless required by law.

European Economic Area, United Kingdom, Swiss and California Users

The following rights are granted under the European General Data Protection Regulation ("GDPR") and California Consumer Privacy Act ("CCPA"). OhayoDolls applies these rights to all users of our products, regardless of your location: The right to know what personal information is collected. The right to know if personal information is being shared, and to whom. The right to access your personal information. The right to exercise your privacy rights without being discriminated against.

Changes

We may need to change this Privacy Statement and our notices from time to time. Any updates will be posted online with an effective date. Continued use of our services after the effective date of any changes constitutes acceptance of those changes.

Contact Us

If you have any questions about these Terms of Service or our Privacy Policy, please contact us at [email protected].

Imprint

Rüegg Internet Services
Zürichstrasse 242
8122 Binz, Switzerland
[email protected]

Managing Director: Benjamin Rüegg
Company ID: CHE-494.871.949
Commercial Register ID: CH-020-1103989-2
Commercial Register of Canton Zurich