Terms of Service

PLEASE CAREFULLY READ THESE TERMS OF SERVICE ("AGREEMENT" OR "TERMS OF SERVICE") BEFORE USING POKEINK.AI'S SERVICES. THIS AGREEMENT ESTABLISHES THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE POKEINK AI WEBSITE AND ALL RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, ANY FEATURES, CONTENT, WEBSITES (INCLUDING WWW.POKEINK.AI) OR APPLICATIONS OFFERED BY POKEINK AI IN CONNECTION THEREWITH (COLLECTIVELY "SERVICE(S)"). BY USING THE SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

Acceptance of Terms of Service

The Service is provided subject to acceptance without modification of all of these Terms of Service, as well as any other operating rules, policies, or procedures announced by POKeink.AI from time to time in connection with the Services.
Furthermore, certain of the services available through the Service may be subject to additional terms and conditions imposed by POKeink.AI from time to time; your use of such services is subject to such additional terms and conditions, which are included into these Terms of Service by reference. POKeink.AI has the right, in its sole discretion, to refuse to supply the Service to any person or entity and to amend its eligibility conditions. This clause is invalid where prohibited by law, and access to the Service is canceled in those countries.

Modification of Terms of Service

POKeink.AI reserves the right to change, suspend, or discontinue the Service (including the availability of any feature, database, or content) at any time by posting a notice on the POKeink.AI websites or sending you an email. POKeink.AI may also place restrictions on some features and services, or deny you access to portions or all of the Service, without notice or responsibility. It is your duty to frequently review the Terms of Service for updates. Your continued use of the Service following the publication of any modifications to the Terms of Service indicates your acceptance of such changes.

Rules and Conduct

As a condition of using the Service, you agree not to use it for any purpose that is prohibited by the Terms of Service. For the purposes of the Terms of Service, "Content" means any information, data, text, pictures, videos, software, scripts, graphics, and interactive features created, supplied, or otherwise made available on or via the Service.

As an example, but not as a restriction, you must not (and shall not allow any third person to) take any action (including providing any Content) that:

• would constitute a violation of any applicable law, rule, or regulation; infringes 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, or profane;
• constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail; contains software viruses or any other similar computer codes, files, or programs; or impersonates any person or entity.

Further, you shall not (directly or indirectly):

(i) take any action that imposes or may impose an unreasonable or disproportionately large load on POKeINK'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 POKeINK may use to prevent or restrict access to the Service (or parts thereof).

Trademarks and Patents

POKeink.AI owns or has registered trademarks for all of its logos, markings, and designations. The other trademarks referenced on this website are the property of their respective owners. The trademarks and logos featured on this website are not to be utilized without the previous written permission of POKeink.AI or their respective owners. POKeink.AI patent applications or patents may protect certain aspects, features, and/or functionality of its goods.

License

POKeINK AI provides you a limited, non-exclusive, and non-transferable license to use our AI-generated designs for personal use. Personal usage refers to tattooing the designs on one's own body or designing a tattoo for a friend or family member.

Commercial use

If you wish to use the designs created by POKeINK.AI for business purposes, such as making tattoos for clients or utilizing them as inspiration in client discovery, you must acquire a membership or pay for credits to use our service. Failure to do so is a violation of our Terms of Service.

No resale or redistribution

You are not entitled to resell or disseminate POKeINK.AI-generated designs, for profit or not. POKeINK.AI owns the rights to the designs, and any illegal use of them will be deemed a breach of these Terms of Use.

Ownership

POKeINK.AI reserves all rights, title, and interest in the designs created by our AI. You recognize that the designs are the property of POKeINK.AI, and you have no right to use them unless as clearly stated in these Terms of Use.

You also acknowledge and agree that we may use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any POKeINK.AI Images (in whole or in part) worldwide, and/or incorporate them in other works in any form, media, or technology now known or later developed, for the duration of any rights that may exist in such POKeINK.AI Images. You also understand and agree that we may use your name and likeness in connection with any POKeINK.AI images.

Termination

If you fail to comply with these Terms of Service, POKeINK.AI may cancel your access to all or any part of the Service at any time, and any information linked to your account may be forfeited and destroyed. Furthermore, either party may terminate the Services at any time and for any reason by providing written notice. If you wish to close your account, please follow the procedures outlined in the Service. Any payments made are nonrefundable. All rights and licenses granted to you under this Agreement shall terminate immediately upon termination; however, all provisions that by their nature should survive termination, including, without limitation, warranty disclaimers, indemnity, and liability limitations, shall survive termination.

Indemnification

You agree to defend, indemnify, and hold harmless POKeINK.AI, its affiliates, and each of their employees, contractors, directors, suppliers, and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys' fees, arising from or relating 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. POKeINK.AI retains the right to take exclusive defense and control of any issue that would otherwise be your responsibility to indemnify, in which case you shall assist and cooperate with POKeINK.AI.

Limitation of Liability

IN NO EVENT SHALL POKeINK.AI 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, (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 (INCLUDING, WITHOUT LIMITATION, THE POKeINK.AI WEB APP AND ANY CONTENT) 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.

Miscellaneous

These Terms of Service comprise the entire agreement between you and POKeINK.AI with respect to the Services and supersede all prior or contemporaneous discussions and proposals (whether oral, written, or electronic) between you and POKeINK.AI.

If any term of these Terms is found to be unenforceable or invalid, that provision will be reduced or removed to the degree required, leaving the remaining sections in full force and effect and enforceable. The omission of any party to exercise any right granted herein shall not be construed as a waiver of any subsequent rights.

POKeINK.AI shall not be held accountable for any failure to meet its duties under these Terms owing to circumstances beyond POKeINK.AI's reasonable control.

These Terms are personal to you and cannot be assigned or transferred by you without the prior written agreement of POKeINK.AI. POKeINK.AI may assign, transfer, or delegate any of its rights and responsibilities under these Terms without your agreement.

These Terms do not form an agency, partnership, joint venture, or employment arrangement, and neither party has any power to bind the other in any way.

Except as otherwise provided herein, all notices under these Terms will be in writing and deemed duly given when received, if personally delivered or sent by certified or registered mail with return receipt requested; when receipt is electronically confirmed if transmitted by facsimile or email; or two days after it is sent, if sent for next-day delivery by a recognized overnight delivery service.

Governing Law

These Terms of Service are governed and construed in accordance with the laws of the jurisdiction in which POKeINK.AI is based, notwithstanding any choice of law or conflict of law principles or regulations.

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