Daydreamer.ai (hereinafter referred to as “the application”, “our”, “we” or “us”) is owned and operated by Codekit Ltd. This Terms of Service herein is owned and operated by Codekit Ltd which enable the use of applications by Codekit Ltd shall be valid for all services given to you by Codekit Ltd. By using our Services, you confirm that you accept our Terms of Service herein and you agree to comply with them. If you do not agree with these Terms of Service, please do not install and use the Application.

These Terms of Use (these “Terms”) apply to all users and others (“Users”, “you”, as applicable) who download, install, register with, access or use (“Use”, “Using”) our mobile application Daydreamer.ai (“Daydreamer” or “application”), website.

These Terms are a binding contract between you and us. You are accepting and agreeing to these Terms on behalf of yourself or the entity that you represent in connection with the Use of Daydreamer. If you are Using Daydreamer on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person, or entity’s behalf and that such person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

BY USING THE APPLICATION, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THE TERMS. IN CASE OF USING Avatars FEATURE YOU EXPLICITLY CONFIRM THAT YOU ARE AT LEAST 18/21 YEARS OLD (AS APPLICABLE IN YOUR JURISDICTION). If you have any questions about these Terms or Daydreamer, please contact us via an email [email protected].

Daydreamer uses a Neural Network Model Stable Diffusion that allows users to generate personalized Avatars. ​​For all the important questions about how Stable Diffusion technology works, you can find answers in their FAQ (stability.ai/faq).

How does it work?

User uploads 10 to 20 photos and selects their gender. The user can abstain from selecting the gender by clicking “Other”.

Using these data, a copy of the Stable Diffusion model is retrained to personalize the model

After the model copy is retrained, it generates Avatars

After the Avatars are generated, the model copy, along with uploaded photos, are deleted permanently from our servers. We set certain restrictions to the use the Avatars in restricted cases (e.g., using nude photos, using photos of other people without their consent e.t.c.). The full list of restrictions you can find in Section 6.

You must be at least 18 years of age to Use Daydreamer. If you are under 18 years of age (or the age of legal majority where you live), you may only Use Daydreamer 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 Daydreamer.

Due to requirements of the General Data Protection Regulation (“GDPR”) and UK GDPR you shall be at least 18 years old in order to Use Daydreamer. To the extent prohibited by applicable law, we do not allow Use of Daydreamer by the EEA and UK residents younger than 18 years old. If you are aware of anyone younger than 18 using Daydreamer, please contact us at [email protected] and we will take reasonable steps to preclude such person from Daydreamer Use.

Please refer to our Privacy Policy for information about how we collect, process and transfer information about you when you Use Daydreamer. Transfer and storage of information about you, whilst you Use Daydreamer, is governed by our Privacy Policy. You acknowledge and agree that your Use of Daydreamer is subject to our Privacy Policy.

You can upload your photos or videos to Daydreamer and create creative edits or amazing Avatars. Both your original content and your edited or AI-generated content belong to you, and we claim no ownership over such content. You would need to give us a permission to use that content (to process it, for our AI to generate your Avatars, to display it in the app’s library on your device, or to enable you to share edits with your friends on our app). You take this permission away when you delete any of your content from the app library or delete your account and its data. For the Avatars feature, this permission in relation to your uploaded photos automatically ends when your Avatars are generated by our AI.

TL;DR: here we impose some rules as to the content you may want to upload. Namely, you should own the photos or videos you upload, and if you don’t, then you should hold a proper license to upload such content to Daydreamer. Also, in case you wish to upload a photo or video depicting your friend or anyone else other than you, you must do so only with their consent. In case you upload someone else’s content to Daydreamer and we receive claims, you will indemnify Daydreamer for such claims (it means that we will ask you to financially compensate us these claims). We encourage you to observe these rules and not harm others using their content without consent.

You represent and warrant that: (i) you own the User Content edited and adjusted by you on or through Daydreamer or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of the User Content you intend to edit and adjust on or through Daydreamer and approve to us that any usage of third-party User Content is otherwise cleared by you with the respective rightholder; (iii) in case the User Content depicts third parties, you have received all the necessary consents from them to upload it to Daydreamer; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction

You must not upload, edit, create, store or share any User Content that violates these Terms or to which you do not have all the rights necessary to grant us the Company License described above. You, furthermore, agree to indemnify, defend and hold Daydreamer harmless for any unauthorized use of third-party User Content you might commit (both intentionally or unintentionally) in accordance with Section 11 “Indemnification” of these Terms.

We do not use your Personal Data to generally train and/or create our separate artificial intelligence/products.

We do our best to moderate the settings of the AI model, however, it is still possible that you may encounter content that you may see as inappropriate for you. Please contact us at [email protected] if you find any of the content to be offensive or inappropriate to you, we will promptly take the action and it will help us to train the algorithm better.

You're only allowed to upload photos of YOURSELF that YOU own the rights to. You're not allowed to upload photos of other people. And photos that you do not own the rights to. You're not allowed upload naked or pornographic photos. We're not liable for any results that might hurt you in any way.

To ensure your privacy and safety: ALL photos you uploaded are PERMANENTLY deleted within 24 hours after generating. The model trained on your photos and rendered avatars also PERMANENTLY deleted when you deleted the profile.

None of your photos/avatars/models shared with any third parties. We do not use your Personal Data to generally train and/or create our separate artificial intelligence/products.

Daydreamer gives you the ability to use AI as a tool to create Avatars, the same way as you would use any other image creation tools or applications.\nYou hold all of the rights to the Avatars you generate through our AI.\nYou are the one to decide how to use the generated Avatars further. Please, therefore, read this Section 6 restrictions carefully.\nIn particular, you are responsible to ensure that the way you are using the Avatars you have generated is not breaking any laws, such as privacy and intellectual property laws, and that such use is not obscene, pornographic, harmful and doesn’t spread harmful misinformation\nIf you are unsure that your intended use of the generated Avatars would be legal, we advise you to err on the side of caution, especially if for commercial purposes.\nHowever, we restrict its use for sale or to the benefit of any third party or in any manner not permitted by these Terms.

You will not violate any applicable contract, intellectual property law, any other applicable law or other third-party rights (including the Company rights) or commit a tort, and you are solely responsible for your conduct while Using Daydreamer.

You represent, warrant and agree that you will not Use Daydreamer by uploading the User Content or otherwise (all of the following conduct includes any attempts to perform any of the following):

To engage in any harmful, fraudulent, deceptive, harassing, threatening, intimidating, predatory, defamatory, obscene, stalking or otherwise objectionable conduct.\nFor sale or to the benefit of any third party or in any manner not permitted by these Terms.\nIn any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying Daydreamer or that could damage, disable, overburden or impair the functioning of Daydreamer in any manner.\nTo decipher, decompile, disassemble or reverse engineer any aspect of Daydreamer (such as the source code or non-literal aspects (such as the underlying structure, sequence, organization, file formats, non-public APIs, ideas or algorithms), do anything that might discover the source code, bypass or circumvent measures employed to prevent or limit your access to any part of Daydreamer.\nTo circumvent any content-filtering techniques we employ or to access any feature or area of Daydreamer that you are not authorized to access.\nTo develop or to use any third-party applications that interact with Daydreamer without our prior written consent, including any scripts designed to scrape or extract data from Daydreamer.\nTo display, mirror or frame Daydreamer, or any individual element within Daydreamer, the Company’s name, any Company trademark, logo or other proprietary information without our express written consent.\nTo use any meta tags or other hidden text or metadata utilizing the Company’s trademark, logo URL, product or services name without our express written consent.\nTo gain unauthorized access to, interfere with, damage, or disrupt any server, computer or database connected to Daydreamer.\nTo copy, modify, host, stream, sublicense, or resell Daydreamer.\nFor any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.\nTo place an advertisement of any products or services in Daydreamer except with our prior written approval.\nTo violate any applicable law or regulation.\nTo encourage, assist or enable any other party to do any of the foregoing.

You may only share the User Content that is non-confidential and you have all necessary rights to disclose. You may not upload, edit, create, store or share any User Content that:

Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent.\nWould constitute, encourage or provide instructions for a criminal offense, violate the rights of any person or otherwise create liability or violate any local, state, national or international law.\nSexualizes other people. including minors, or that is intended to facilitate inappropriate interactions with minors, other users or the public.\nMay infringe, misappropriate or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any person.\nContains any private or personal information of any person without such person’s consent.\nContains any viruses, corrupted data or other harmful, disruptive or destructive files or content.\nIs, in our sole judgment, objectionable or that restricts or inhibits any other person from Using or enjoying Daydreamer, or that may expose us or others to any harm or liability of any type.

Due to the fact that we use Stable Diffusion AI technology in Daydreamer for creation of the Avatars, you additionally represent, warrant and agree that you will not Use Daydreamer feature with Stable Diffusion AI technology and (or) Stable Diffusion AI technology (Copyright (c) 2022 Robin Rombach and Patrick Esser and contributors) in the following ways, which are explicitly prohibited under the Stable Diffusion AI technology license (Attachment A), and, in particular:

In any way that violates any applicable national, federal, state, local or international law or regulation;\nFor the purpose of exploiting, harming or attempting to exploit or harm minors in any way;\nTo generate or disseminate verifiably false information and/or content with the purpose of harming others;\nTo generate or disseminate personal identifiable information that can be used to harm an individual;\nTo defame, disparage or otherwise harass others;\nFor fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;\nFor any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;\nTo exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;\nFor any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;\nTo provide medical advice and medical results interpretation;\nTo generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g., by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).

You, furthermore, agree to abide by the Stable Diffusion AI technology license, incorporated herein by reference, including its Attachment A.\nWe have the right to monitor your Use of Daydreamer to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects Daydreamer. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the applicable law.\nWe reserve the right to, in our discretion and at any time, suspend or discontinue Daydreamer, introduce new features or impose limitations on certain features, or restrict access to Daydreamer.

TL;DR: this is to say that everything you see on the app (apart from your photos, videos or Avatars) is owned or licensed to Daydreamer. And we allow you to enjoy the functionality of the app to its fullest, but if you want to use any elements of our app outside the app, you must ask for our consent.

Our app offers subscription services that enable users to receive our product regularly or continuously over time. If you choose to subscribe via your Apple ID associated with your Apple App Store account, please be aware of the following details:

Payments will be charged to your Apple ID account.

Subscriptions automatically renew for the same duration, and fees or payments for renewal will be charged within 24 hours before the end of the current period.

To avoid automatic renewal, you must cancel your subscription at least 24 hours before the current period ends.

You can manage or cancel your subscriptions by accessing your Apple App Store account settings.

If you wish to terminate your subscription, you can do so by sending a clear and unambiguous termination notice to us using the contact details provided in this document. Alternatively, you may use the corresponding controls within our app, if applicable. Please note that any conflicting or diverging provisions of these Terms shall be superseded by the above.

Daydreamer and the text, graphics, images, photographs, videos, audio, music (including but not limited to the Music Content, as defined below), illustrations, trademarks, trade names, page headers, button and application icons, scripts, service marks, logos, slogans, filters, tools, and other content contained therein, excluding your User Content (collectively, “Daydreamer Content”) (and intellectual property rights in or to the preceding items) are owned by us or licensed to us and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, we and our licensors, as applicable, reserve all rights, title and interests (including without limitation all intellectual rights) in and to Daydreamer and the Daydreamer Content. Your use of the Daydreamer Content shall be always subject to these Terms and, if applicable, additional terms and conditions that we may communicate to you from time to time, such as terms and conditions from our licensors (such additional terms, 'Supplemental Terms'). Such Supplemental Terms are hereby incorporated into these Terms by reference. To the extent of any conflict or inconsistency between these Terms and Supplemental Terms the latter shall govern. You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to Use Daydreamer and the Daydreamer Content for your own personal use (“User License”); however, such User License is subject to these Terms and (if applicable) the Supplemental Terms and does not include any right to: (i) sell, resell or commercially use Daydreamer or the Daydreamer Content; (ii) copy, reproduce, distribute, publicly perform or publicly display the Daydreamer Content, except as expressly permitted by us or our licensors; (iii) modify the Daydreamer Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of Daydreamer or the Daydreamer Content, except as expressly set forth in these Terms and the Supplemental Terms; (iv) use any data mining, robots or similar data gathering or extraction methods; or (v) Use Daydreamer or the Daydreamer Content other than as expressly provided in these Terms and the Supplemental Terms. Any Use of Daydreamer or the Daydreamer Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms and (if applicable) the Supplemental Terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Daydreamer Content.

TL;DR: you can use free version of Daydreamer, or buy a premium subscription that allows you to use much more features while editing your photos or videos. There are additional paid features – for example, you would need to pay us to generate Avatars. To pay for subscription or any additional features, you must be over 18. It’s Apple App Store support or Google Play support who manage your paid subscription or other purchased items, so in case of any queries or requests for refund, please contact them. Clipboard with solid fill

Some functionalities and features of the application are free of charge. We also offer subscription plans that provide access to enhanced services and additional features for a fee (“Purchased Content”).\nYou may only use the Purchased Content if you are over 18 years old (or of age of legal majority where you live, if different), and only on a limited, personal, non-transferable, non-sublicensable and revocable basis.\nYou may purchase the Purchased Content through a third party, such as Apple App Store or Google Play. If you purchase the Purchased Content from a third party, separate terms and conditions with such third party in addition to these terms may apply to your access to Daydreamer.\nYour payment to the third party through which you purchased the Purchased Content will automatically renew and continue until terminated. You must cancel your subscription before it renews to avoid paying the subscription fees for the next billing period. We reserve the right to modify, terminate, or otherwise amend the subscription plans we offer from time to time.\nPlease contact the third party (Apple App Store or Google Play support) regarding any refunds or to manage your Purchased Content.\nWe are unable to view, access, or modify any financial transactions from Apple (as defined below) or Google LLC in-app subscriptions for security and privacy reasons. Instead, we would ask that you reach out to the appropriate support team of Apple or Google LLC in relation to your subscription to request any refunds.\nYou can cancel your Purchased Content by signing in to your account and following the instructions for canceling your subscription.\nIf made via a Google\nYou can request a refund for an Apple in-app subscription or purchase by following the guidance here.\nNOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE PURCHASED CONTENT FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR THE UNUSED PURCHASED CONTENT, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY.

TL;DR: Sometimes the things may not work out as planned. And we don’t claim or guarantee that Daydreamer will always work perfectly. Just as we can’t claim or guarantee that you won’t see any unexpected results while generating your Avatars – it’s very unpredictable, although we are always working on AI’s safety settings. We would highly appreciate your assistance, so if you see any offensive content generated by the AI, please report such content to us at [email protected] to help us improve Daydreamer’s user experience.Clipboard with solid fill

We do not control, endorse or take responsibility for any User Content (and its loss) or third-party content available on or linked to Daydreamer. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources./nYour Use of Daydreamer is at your sole risk. Daydreamer is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that Daydreamer is accurate, complete, reliable, current, error-free or free of viruses or harmful components. You assume the entire risk as to the quality and performance of Daydreamer within your Use./nAvatars feature in Daydreamer uses external technology Stable Diffusion AI. Due to this, we cannot fully control the results generated by the Avatars feature, and therefore these Avatars in no way represent our official policy or position on religion, ethnic group, club, organization, company, individual, or anyone or anything. We make reasonable efforts to moderate the Avatars feature by configuring the AI setting, which, in any case, are only those that are accessible to us. We do not and cannot moderate the User Content. By agreeing to the Terms and/or purchasing a subscription, you agree to the above disclaimer and waive any claims against us due to the generated Avatars. In case you find the Avatar offensive or otherwise unacceptable, please let us know by reaching out to us at [email protected].

We reserve the right, without notice and in our sole discretion, to terminate your right to Use Daydreamer. We are not responsible for any loss or harm related to your inability to Use Daydreamer. Upon any termination, discontinuation or cancellation of Daydreamer, all provisions of these Terms, which by their nature should survive, will survive, including without limitation, ownership provisions, warranty disclaimers, limitations of liability and dispute resolution provisions.

The application and artificial intelligence may be subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo, and (2) are not a denied party as specified in the regulations listed above.\nYou agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the application nor any technical data related thereto nor any direct product or products derived from or based on such technology received from Daydreamer under these Terms of Use thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

If you have any questions, complaints or claims with respect to these Terms or Daydreamer, please contact us via email at [email protected]