Phonoptic Privacy Policy

 Phonoptic Privacy Policy

Privacy Policy & Term of use and service

Terms of Service Agreement

This Terms of Service agreement ("Agreement") is entered into by and between Phonoptic LLC ("Company") and you ("User"), and governs the use of Phonoptic ("Platform").

Acceptance of Terms

By accessing or using the Platform, User agrees to be bound by the terms and conditions of this Agreement. If User does not agree to these terms and conditions, User must not use the Platform.

Eligibility

The Platform is intended solely for individuals who are 12 years of age or older. By accessing or using the Platform, User represents and warrants that User is at least 12 years of age and has the legal capacity to enter into this Agreement.

User Content

The Platform allows User to post, upload, publish, and share content, including text, images, videos, Recorded Audio, user voice and other materials ("User Content"). User is solely responsible for User Content and hereby grants the Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, distribute, publish, translate, create derivative works of, and display User Content for any purpose.

User represents and warrants that User Content is original to User or that User has obtained all necessary rights, licenses, consents, and permissions to use and authorize the Company to use User Content in accordance with this Agreement.

User agrees that User Content will not violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights, or any applicable laws or regulations.

Prohibited Activities

User agrees not to engage in any of the following activities on the Platform:

Posting or sharing content that is defamatory, obscene, pornographic, or otherwise objectionable;

Infringing any third-party rights, including intellectual property rights, privacy rights, or publicity rights;

Using the Platform to harass, intimidate, or threaten others;

Impersonating any person or entity or misrepresenting User's affiliation with any person or entity;

Using the Platform for any unlawful or unauthorized purpose;

Disrupting the normal operation of the Platform or any networks connected to the Platform;

Introducing any viruses, worms, or other harmful code to the Platform;

Collecting or harvesting any information from the Platform, including user information; or

Using any automated means to access the Platform or collect information from the Platform.

Intellectual Property Rights

The Platform and all content and materials contained therein, including without limitation, text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are owned or licensed by the Company and are protected by copyright, trademark, and other intellectual property laws. User agrees not to reproduce, modify, distribute, or create derivative works of any content or materials contained on the Platform without the prior written consent of the Company.

Limitation of Liability

The Platform is provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied. The Company does not guarantee the accuracy, completeness, timeliness, or reliability of any content or materials on the Platform.

The Company will not be liable for any damages of any kind arising from User's use of the Platform, including without limitation, direct, indirect, incidental, punitive, and consequential damages.

Indemnification

User agrees to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to User's use of the Platform or User's breach of this Agreement.

Termination End User License Agreement (EULA)

Subject to the terms and conditions of this EULA, the App grants you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use only. You acknowledge that the App is protected by copyright and other intellectual property laws.

OBJECTIONABLE CONTENT AND ABUSIVE USERS

The App does not tolerate objectionable content or abusive users. Objectionable content includes, but is not limited to, content that is defamatory, obscene, pornographic, or promotes hate speech, discrimination, or violence. Abusive users include, but are not limited to, users who harass, bully, threaten, or intimidate other users. The App reserves the right to remove any objectionable content or abusive user, and to terminate any user's access to the App at any time, without notice in 24h of notice and report.

USER CONTENT

The App allows users to create and share content, such as photos, videos, recorded voice and audio, and messages. You are solely responsible for the content you create and share on the App. You agree that you will not create or share any objectionable content or engage in any abusive behavior on the App.

INTELLECTUAL PROPERTY

The App and its content, including but not limited to text, graphics, images, logos, and software, are the property of the App or its licensors and are protected by copyright and other intellectual property laws. You may not use any of the App's content without the express written permission of the App.

PRIVACY

The App collects and uses your personal information in accordance with its Privacy Policy, which can be found at [Privacy Policy]. By using the App, you consent to the collection and use of your personal information as described in the Privacy Policy.

DISCLAIMER OF WARRANTIES

THE APP IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE APP DOES NOT WARRANT THAT THE APP WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED. THE APP SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE APP, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE APP BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE APP, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

TERMINATION

This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice from the App if you fail to comply with any term(s) of this EULA. Upon termination of this EULA, you shall cease all use of the App.

GOVERNING LAW

This EULA shall be governed by and construed in accordance with the laws of the jurisdiction in which the App is licensed to operate.

ENTIRE AGREEMENT

This EULA constitutes the entire agreement between you and the App Phonoptic with respect to the App and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and the App Phonoptic.

CONTACT INFORMATION

If you have any questions about this EULA, please contact us at customer@phonoptic.com

COLLECTION OF FACE DATA

Face data includes, but is not limited to, facial images, facial landmarks, and facial expressions. The App collects face data when you use the App's camera or upload photos to the App.

USE OF FACE DATA

The App uses your face data to provide you with features and functionality of the App, including personalized experiences, and social sharing. The App may also use your face data to improve the App's performance, develop new features, and conduct research.

DISCLOSURE AND SHARING OF FACE DATA

The App does not share your face data with third parties, except as required by law or to provide you with the services you have requested.

RETENTION OF FACE DATA

The App retains your face data for as long as necessary to provide you with the services you have requested and as permitted by law. The App will delete or anonymize your face data when it is no longer needed for these purposes or requested by the user to get deleted.

STORAGE OF FACE DATA

Your face data is stored on the App's servers, which may be located in different countries. The App takes reasonable measures to protect your face data from unauthorized access, use, or disclosure.

YOUR RIGHTS

You have the right to access and control your face data. You may request to access, modify, or delete your face data in the app or by contacting us at customer@phonoptic.com . You may also withdraw your consent to the collection and use of your face data at any time by deleting your account at setting page in the app.

CHILDREN'S PRIVACY

The App does not knowingly collect or store face data from children under the age of 13. If we become aware that we have collected face data from a child under the age of 13, we will delete the data as soon as possible.

CHANGES TO THIS PRIVACY POLICY

The App may update this Privacy Policy from time to time. We will notify you of any changes to this Privacy Policy by posting the revised policy on our website and updating the "Effective Date" at the top of this Privacy Policy.

CONTACT INFORMATION

If you have any questions or concerns about this Privacy Policy or our data practices, please contact us at customer@phonoptic.com

The Company may terminate this Agreement and User's access to the Platform at any time, for any reason or no reason, without prior notice to User.

Upon termination, User's right to use the Platform will immediately cease, and User must immediately cease all use of the Platform.

Governing Law and Dispute Resolution

This Agreement will be governed by and construed in accordance with the laws of the jurisdiction in which the Company is located, without giving effect to any principles of conflicts of law.

Any dispute arising out of or related to this Agreement or User's use of the Platform will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Changes to the Agreement

The Company reserves the right to modify this Agreement at any time, in its sole discretion. User's continued use of the Platform after any such modifications will constitute User's acceptance of the modified Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between User and the Company with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between User and the Company.

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

User may not assign or transfer this Agreement without the prior written consent of the Company.

The Company's failure to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

Contact Us

If you have any questions about this Agreement or the Platform, please contact us at customer@phonoptic.com.

COLLECTION OF INFORMATION of AI Image Creation

Dalle 2 uses machine learning algorithms to generate images based on input text or images provided by users. When you use Dalle 2, OpenAI may collect information about your use of the system, including your inputs, outputs, and interactions with the system. OpenAI may also collect technical information about your device, such as your IP address, browser type, and operating system.

USE OF INFORMATION

OpenAI uses the information generated by Dalle 2 to improve the system's performance, develop new features, and conduct research. OpenAI may also use the information to personalize your experience and provide you with targeted advertising.

STORAGE OF INFORMATION

The information generated by Dalle 2 is stored on OpenAI's servers, which may be located in different countries. OpenAI takes reasonable measures to protect your information from unauthorized access, use, or disclosure.

SHARING OF INFORMATION

OpenAI does not share your information with third parties, except as required by law or to provide you with the services you have requested. OpenAI may share your information with its affiliates, subsidiaries, or service providers who need access to your information to provide services on behalf of OpenAI.

CHILDREN'S PRIVACY

Dalle 2 is not intended for use by children under the age of 13. If we become aware that we have collected information from a child under the age of 13, we will delete the information as soon as possible.

CHANGES TO THIS PRIVACY POLICY

OpenAI may update this Privacy Policy from time to time. We will notify you of any changes to this Privacy Policy by posting the revised policy on our website and updating the "Effective Date" at the top of this Privacy Policy.

CONTACT INFORMATION

If you have any questions or concerns about this Privacy Policy or our data practices, please contact us at customer@phonoptic.com

Website Privacy Policy

Who we are Suggested text:

Our website address is: https://phonoptic.com.

Comments Suggested text:

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection. An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it.

The Gravatar service privacy policy is available here:

https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment. Media Suggested text: If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Cookies Suggested text:

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year. If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed. If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites Suggested text:

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Who we share your data with Suggested text:

If you request a password reset, your IP address will be included in the reset email.

How long we retain your data Suggested text:

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue. For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data Suggested text:

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where your data is sent Suggested text:

Visitor comments may be checked through an automated spam detection service.

Contact Us:

If you have any questions about this Agreement or the Platform, please contact us at 

phonoptichelp@gmail.com

Phonoptic Copyright 2024