Terms of Service

Version Effective Date: October 15, 2024

Turnme.ai is a generative AI platform that enables Users to create content and engage with other Users, collectively referred to as the “Services". The Services are available through the Turnme.ai website at the following address: https://turnme.ai.

Turnme.ai is operated and published by Metahood Inc., a company incorporated and headquartered at 1209 Orange Street, City of Wilmington, in the State of Delaware, United States.

These Terms of Service (hereinafter the "Terms" or "ToS") govern your access to and use of the Services, outlining the conditions under which Users may use the Services.

By creating a User account and accessing the Services, you confirm that you have read, understood, and agreed to be bound by these Terms. Your continued use of the Services is contingent upon your full acceptance and compliance with the provisions outlined in this document.

In addition, our Privacy Policy forms an integral part of these Terms and sets out how we collect, use, and protect your personal information. We strongly encourage you to review both the Terms and the Privacy Policy carefully. If you do not agree with any of the provisions contained herein, we advise you not to register or use Turnme.ai.

1. Definitions and Interpretation

In these ToS, the following terms have the following meanings:

• “AI Base Model”: means the AI Model(s) developed by a third-party general-purpose AI model provider used by Turnme.ai to allow Users to generate Media and Models.
• “Content”: means all Content that is used to generate Media and Models on Turnme.ai, namely content possessed by Users on their personal devices or content that they browse through the search engine proposed by Turnme.ai to create new Media and Models.
• “Credits”: mean the limited, non-sublicensable right to use Turnme.ai virtual currency that Users acquire through their means of payment and that allow them to generate Media and Models. Users may also allocate their Credits to a group of which they are a member.
• “Services”: mean all features proposed by Turnme.ai to allow Users to (i) create, publish, share Media and Models, (ii) view other Users’ Content, (iii) interact with User Generated Content, and (iv) delete their own User Generated Content and account.
• “Terms”, “ToS”, “Terms of Service”: mean this contract. They also incorporate Turnme.ai’s Privacy Policy and Community Standards.
• “Turnme.ai”, “Us”, “We”: is the commercial name under which Metahood Inc and its affiliates operate the Services.
• “User Generated Content”: designates Media and Models generated by Users of Turnme.ai.
• “User” or “You”: Any individual having a registered account on Turnme.ai.
• “Users Commitments”: designates Users’ duties regarding the use of the Services.
• “Users’ Media” or “Media”: designates Media, whether images or videos, created by tagging a public or a privately owned Model. Depending on the Users’ configuration, they can either be “Public” or “Private” or shared in a group.
• “Users’ Models” or “Models”: designates Models created by uploading pictures of a subject chosen by the User to be further used to generate Media. Depending on the Users’ configuration, they can either be “Public” or “Private” or shared in a group.

2. Creating a User account

What’s in this section?

We explain to you how to create a confidential account on Turnme.ai and how to reach out to us in case something happens.

To use Turnme.ai, you must create a unique User account. When creating your User account, you are given two possibilities:

• Manual registration: with an e-mail address or a telephone number and a password;
• SSO registration: with one of the SSO services proposed by Turnme.ai.

You are then asked to provide:

• A username;
• A short description;
• A profile picture.

These elements are essential to access the Services.

You agree to keep your User account password confidential. If you believe someone is using your User account illegitimately, you shall notify us by contacting us at contact@turnme.ai.

3. Description of Services

What’s in this section?

We explain to you how Turnme.ai works and can provide you with astonishing services in relation with media and AI models creation.

You can choose your privacy settings to share your Content with the whole community or only the people you choose to.

You can use the Services on your compatible devices by connecting to Turnme.ai. The Services allow you to (i) create, publish, share Media and Models, (ii) view other Users’ Content, (iii) interact with User Generated Content, and (iv) delete your own User Generated Content and account.

(i) Creating and sharing your own User Generated Content

This feature allows you to:

1. Create Media.

After tagging a Public or a Private Model, You can prompt instructions to create a Media derived from the chosen Model(s).

You can either prompt manually, import media, or search media on the web to personalize your desired Media.

To allow the creation of Media and Models, Turnme.ai solicits one or many AI Base Models developed by specialized AI model providers. You are therefore advised that Turnme.ai is not the provider of the AI Base Model.

2. Create Models.

Users may train their own Models by uploading one to twenty-five pictures on a specific subject (animals, humans, etc.) to further use them to generate new Media.

Before prompting instructions to create Media or creating a new Model, Users are given the choice to select the privacy level required: Private, Public, or specific to Users who may form a group. You are advised that if you enable the Public mode, any User registered on Turnme.ai will have access to your User Generated Content and be able to share a link to access it on Turnme.ai to third-parties. The privacy settings can be modified at any time.

Public Content can also be generated and shared through social networks proposed by Turnme.ai, such as Telegram or Discord. Where applicable, You accept to comply with the terms and conditions of the social networks applicable to the use of their services. You warrant us that you hold all the required permissions to use their services.

(ii) View other Users’ Content

At the first connection on the website, Users arrive on a landing page that provides them with a selection of Public Media. The landing page is accessible at any time by clicking on the Turnme.ai logo in the left-hand corner of the website.

Users may manually browse the website by using the search engine to find other Users or Public Models and Media.

(iii) Interacting with other Users

Users can interact through the "Like" and "Share" functions, which allow them to like and share links directing third parties to Public Media on other social networks or through private messaging apps.

The "Group" function enables users to create Public or Private groups, invite other users, and publish Media and Models accessible only to group members.

Users can invite third parties to register on Turnme.ai by sharing a private link.

(iv) Pay for credits

Users can pay for Credits, which can further be used to train Models or generate Media. Several plans may be proposed at Turnme.ai’s discretion.

(v) Deleting Content and account

Users can choose to delete their Content and close their account.

4. Moderation of User Generated Content

What’s in this section?

We explain to you how Turnme.ai moderates User Generated Content and your role in that regard, namely:

• The types of moderation implemented by Turnme.ai;
• What Content is prohibited;
• The way to notify Turnme.ai of illegal Content;
• Sanctions incurred by Users who publish prohibited content and/or are responsible for false reporting.

4.1 No human monitoring of User Generated Content

As a hosting service provider, Turnme.ai is not subject to a general obligation to monitor the information that is transmitted or stored via our platform, nor are We obliged to actively seek facts or circumstances indicating illegal activity, in accordance with applicable laws. Our role is limited to providing the technical infrastructure for Users to post Content, without exercising editorial control over such content.

To prevent harmful content from being published on Turnme.ai and ensure the safety of its Users, Turnme.ai has implemented an AI tool that automatically scans and detects harmful content in Users’ Media and Models to prohibit their publication. For more information on these prohibited contents, see our Community Standards.

If Content is prohibited from publication by our AI tool, You will be notified. If You believe that this decision is incorrect, please contact us at contact@turnme.ai with the reasons why you think the decision is wrong.

4.2 Reporting mechanism for illegal or inappropriate Content

If you believe certain Content available on Turnme.ai is illegal or inappropriate, We encourage you to notify Us by using the reporting mechanisms provided on Turnme.ai. Specifically:

• You may report Media by clicking on the "information" button located on the right side of the Media.
• You may report a Model by selecting it from the landing page and clicking on the “...” button.
• Alternatively, you can report a User directly via their User Profile if you believe that the User is engaged in activities or posting content that violates applicable laws or our Terms of Service.

Third parties who do not have a registered account on Turnme.ai are invited to send an email to contact@turnme.ai and provide sufficient information to help Turnme.ai identify the suspected Content, such as:

• A URL address;
• The surname of the User;
• A detailed description of the Content;
• Any useful information.

4.3 Examples of reportable Content

We particularly encourage you to report any Content that falls into one or more of the following categories:

• Sexual or child pornographic material: Content that depicts, encourages, or facilitates sexual exploitation, abuse, or any form of pornography involving minors.
• Hate speech or incitement of violence: Content that incites hatred or promotes violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic protected by law.
• Terrorism-related content: Content that glorifies, promotes, or incites acts of terrorism or provides instructions for terrorist activities.
• Violence and harm: Content that incites others to harm themselves or others, including encouraging or provoking acts of suicide.

For more information on reportable Content, go to our Community Standards.

4.4 Report procedure

Upon receiving a report, Turnme.ai will act expeditiously to assess the Content in question. If we determine, at our sole discretion, that the reported content is illegal or in violation of our Terms of Service and/or our Community Standards, we may remove or restrict access to the Content, suspend or terminate the User's account, and/or take any other appropriate action.

We invite you to provide detailed reasons for why you believe the Content is illegal, inappropriate, or violates our policies.

Please note:

• Turnme.ai reserves the right to determine what constitutes "illegal or inappropriate" content in accordance with applicable laws and our policies.
• Submitting a report does not guarantee the removal of content. Turnme.ai retains the right to evaluate each report based on its merits and take action accordingly, considering both legal requirements and the balance of interests involved. In any case, Turnme.ai will provide you with useful information on its decision.

4.6 Sanctions

Turnme.ai reserves the right to take action against Users’ accounts publishing illegal or inappropriate Content, following a two-step procedure:

• The first proven publication of illegal or inappropriate Content will result in a 24-hour account suspension.
• The second proven publication of illegal or inappropriate Content within a year after an account suspension will result in account deletion, and all User-generated Content associated with the account will be removed.

We also take false or malicious reporting seriously. Users who submit unfounded, frivolous, or bad-faith reports may be subject to account suspension or termination. Repeated misuse of the reporting mechanism may also lead to further legal consequences.

You have the right to contest the decisions taken by Turnme.ai by sending an email to contact@turnme.ai with the reasons why you think it is wrong.

5. Fees and Purchase Conditions

What’s in this section?

We explain how you can pay to buy Credits that will give you access to Turnme.ai Services.

Since you can use the Services as soon as you pay, we consider the Services to be fully executed before the end of the legal right of withdrawal, which you expressly agree to.

5.1 Purchases

You can purchase a limited, non-sublicensable right to use Turnme.ai virtual currency (known as “Credits”). You are only allowed to purchase Credits from us and not in any other way.

You may choose to allocate Credits to a group you are a member of. Once allocated, these Credits cannot be reclaimed for your personal account.

5.2 Price

You agree to pay all applicable fees and taxes incurred by you or anyone using an account registered to you. Turnme.ai may revise the price of Credits offered through the Services at any time.

The prices are displayed with all taxes included, particularly where applicable, Value Added Tax (VAT) at the rate in force on the date of the payment.

5.3 Available Means of Payment

Turnme.ai’s payment service providers offer a range of payment methods:

• Debit/Credit Card (Visa, CB, Mastercard)

At Turnme.ai’s discretion, other means of payment may be used, such as:

• Specific payment service providers (e.g., PayPal)
• Cryptocurrency payments

Where applicable, you accept to comply with the terms and conditions of the payment service providers applicable to the use of their services. You warrant that you hold all the required permissions to use the chosen means of payment.

5.4 Right to Withdrawal

You expressly agree that we begin the execution of the contract for the purchase of Credits or any other digital content before the expiration of the legal withdrawal period. You expressly consent in advance that the content you purchased is delivered to you before the end of the withdrawal period, thus waiving the legal right of withdrawal.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE VIA THE SERVICE ARE FINAL AND NON-REFUNDABLE, EXCEPT AS REQUIRED BY APPLICABLE LAW.

5.5 Credit Management

You may not sell, buy, redeem, or otherwise transfer Credits to any person or entity or attempt any of the aforementioned actions, including, but not limited to, another user or a third party, unless expressly authorized by Turnme.ai.

Turnme.ai may manage, regulate, control, modify, or eliminate Credits if it has reasonable reasons to suspect (i) you committed fraud or (ii) you are in breach of these terms, with notice. To the fullest extent permitted by applicable law, Turnme.ai disclaims all liability to you or any third party if Turnme.ai exercises such rights.

YOU ACKNOWLEDGE THAT TURNME.AI IS NOT OBLIGATED TO OFFER A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED CREDITS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

6. User Commitments

What’s in this section?

We explain how you should behave when using our Services. In a nutshell, behave on the Internet when using AI generation services just like you would in real life: in a proper way.

By using Turnme.ai Services, you agree to comply with these Terms of Service as well as all applicable laws and regulations. You expressly undertake the following commitments to ensure a safe and compliant use of the Services:

6.1 Prohibition of Commercial and Unauthorized Activities

You agree not to use Turnme.ai for advertising and commercial purposes, unless authorized by Turnme.ai. If you want to make a commercial use of your Media and Models, please contact Us at contact@turnme.ai.

You must not:

• Publish, promote, or facilitate the transmission of advertisements, unsolicited commercial solicitations, spam, "chain letters," "pyramid schemes," or any similar content;
• Collect information, data, or User-generated Content about other Users without their express and informed consent (except for Public Content), including for data mining, harvesting, or similar activities;
• Use the Services to promote third-party services or products in any way that contravenes these Terms or the intended purpose of Turnme.ai.

6.2 Maintaining the Proper Functioning of the Application

You agree not to alter, interfere with, or attempt to compromise the proper functioning of the Turnme.ai Application. This includes but is not limited to:

• Disrupting, overloading, or engaging in activities that hinder or degrade the operation of the Services or their underlying infrastructure;
• Circumventing, disabling, or attempting to bypass any security measures, access controls, or technological barriers put in place by Turnme.ai to restrict access or protect the integrity of the Services.

6.3 Prohibited Misuse of the Services

You agree not to use the Turnme.ai Services in any misleading, malicious, discriminatory, or otherwise unlawful manner. Specifically, you must not:

• Impersonate another person or entity, create a false identity, or misrepresent your affiliation for any reason, whether for personal gain, financial purposes, or any other deceitful objective;
• Misuse the Services in any way that may harm the reputation, privacy, or rights of others.

6.4 Prohibition of Harmful Conduct

You agree not to harm or attempt to harm others or any group of individuals through your use of the Services by respecting our Community Standards.

6.5 Intellectual Property

You agree not to upload, transmit, distribute, store, or intentionally make available any Content that infringes upon the rights of third parties. This includes, but is not limited to:

• Violating third-party intellectual property rights, including copyright, trademarks, and patents.

6.6 Image Rights of Third Parties

Turnme.ai provides you with astonishing functionalities to create Models of your relatives, your dog, your family, or anyone you want. Yet, do not forget that people have image rights. The more famous someone is, the less they may object to the use of their image.

In any case, we strongly advise you to ask for consent (preferably on a written contract) from the persons you want to represent in your own Models. Turnme.ai does not have the technical and financial means to verify that you respected third-party image rights and will act on a notification basis if Content is reported to us (see section 4 for more details on the report procedure).

You, therefore, acknowledge and accept that you are solely responsible for any Content you choose to share on Turnme.ai. It is your duty to ensure that you have obtained all necessary permissions and rights before uploading any Content, particularly where it concerns the depiction or inclusion of others’ likeness, creations, or intellectual property. You agree not to infringe upon the privacy rights, image rights, and personal dignity of others, whether they are alive or deceased.

6.7 Indemnification

By adhering to these commitments, you contribute to maintaining a safe and respectful environment for all Users of Turnme.ai. Violation of these User Commitments may result in immediate suspension, removal of User Generated Content, termination of your account, or any other legal action deemed necessary by Turnme.ai.

You consequently agree to defend, indemnify, and hold harmless Metahood Inc, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims from third parties, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with:

• Your access to or use of the Services;
• Your violation of these Terms;
• Your User Generated Content;
• Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or publicity right;
• Any claim that your User Generated Content caused damage to a third party;
• Your negligence or willful misconduct.

7. Intellectual Property

7.1 Ownership of Turnme.ai’s Intellectual Property

The Turnme.ai website, including but not limited to its design, layout, text, graphics, software, underlying technology, logos, trademarks, and all other protected elements (collectively, the "Turnme.ai Content"), is the exclusive property of Metahood Inc, or its licensors, and is protected by applicable intellectual property laws, including copyright, trademark, trade secret, and other proprietary rights.

You are granted a limited, non-exclusive, revocable, non-transferable license to access and use the Services for your personal and non-commercial use, strictly in accordance with these Terms. This license does not grant you any rights to commercially exploit, modify, distribute, copy, reverse engineer, or create derivative works based on any part of the Turnme.ai Content.

Any unauthorized use of the Turnme.ai Content constitutes a violation of these Terms and may result in termination of your access to the Services and legal action where appropriate.

7.2 User Generated Content

As a User of Turnme.ai Services, you retain ownership of any content, including images or other material (“Content”) that you post, or otherwise make available on Turnme.ai to create User Generated Content.

By uploading Content and generating User Generated Content on Turnme.ai, you hereby grant Turnme.ai a worldwide, royalty-free, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display such User Generated Content in connection with the operation, promotion, and improvement of its Services.

7.3 Representations and Warranties for Content

By submitting Content to Turnme.ai, you represent and warrant that:

• You are the sole owner or have obtained all necessary rights, licenses, consents, and permissions to use and authorize Turnme.ai to use your Content as described herein;
• Your Content does not infringe upon, misappropriate, or violate the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party;
• Your Content complies with all applicable laws and does not contain any material that is contrary to our Community Standards, or otherwise prohibited under these Terms.

You understand and acknowledge that you are solely responsible for the Content you upload, generate, and share, and any consequences arising from its publication.

7.4 Other Users’ Content Authorized Use

Users may not use the User Generated Content posted by other Users for any purpose other than personal, non-commercial use, which includes viewing the Content on Turnme.ai. Users may not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Generated Content for any other purposes without the prior written consent of the concerned User.

Any unauthorized use of the Content may violate intellectual property rights and may subject the infringing party to civil and criminal penalties. Content may be watermarked to identify the infringer and prevent unauthorized use.

7.5 Reporting Intellectual Property Violations

If you believe that any User Generated Content posted on Turnme.ai infringes your intellectual property rights, you can report it as detailed in section 4.4 or notify us at contact@turnme.ai by providing a detailed notice that includes:

• Identification of the intellectual property right allegedly infringed;
• A description of the infringing Content, including sufficient information for Turnme.ai to locate it;
• A statement affirming that you have a good-faith belief that the use of the material in question is unauthorized;
• Your contact information, including name, email address, and physical address.

Turnme.ai reserves the right to take appropriate action, including removing or disabling access to allegedly infringing Content, terminating accounts of repeat infringers, and notifying appropriate authorities if required.

7.6 Text and Data Mining Policy

Turnme.ai opposes all harvesting and text and data mining operations.

This objection covers the entire website and the User-generated Content to which it gives access.

All harvesting operations and text and data mining operations targeting Turnme.ai and its Content, including by automated data collection devices, therefore constitute acts of counterfeiting unless a specific, formally expressed agreement is obtained from Metahood Inc or its authorized licensors.

8. Disclaimer of Warranties and Liability

What’s in this section?

We explain how our Services are provided to you and what you can expect from them. In a nutshell, We may not be held liable when you use our Services, except if We commit a fault that causes you damage.

Turnme.ai Services are provided on an "as is" and "as available" basis without any warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by applicable law, Turnme.ai expressly disclaims all warranties, including but not limited to:

• Conformity with expectations: We make no warranty that our Services will meet your specific requirements, preferences, or expectations, nor do we warrant the suitability of the Services for any particular purpose intended by you. Large Vision Models (such as the AI Base Model used by Turnme.ai) are rapidly evolving technologies capable of generating human-quality images and videos. Their outputs are generated based on the data they are trained on and may not always perfectly align with specific requirements. The results produced by these models should be considered a starting point and may require human review and refinement. Due to the inherent uncertainties in natural language processing, no guarantees can be made regarding the accuracy, completeness, or suitability of the generated content for any particular purpose.

If, after considering the inherent limitations of LVMs due to human prompting and other technical limitations, you believe the Media and/or Models generated differ substantially from what you prompted, please contact us at: contact@turnme.ai.

• Uninterrupted operation and security: We do not guarantee that the Services will be available without interruption, error-free, secure, or free from defects, bugs, or vulnerabilities, nor do we warrant the absence of unauthorized access or breaches that could infringe on third-party rights.
• Accuracy and reliability of information: We make no representations or warranties as to the accuracy, completeness, or reliability of any information, content, or data obtained through the use of the Services. Any reliance on such information is at your own risk.

Acknowledgment of Network Risks

You acknowledge and accept that the use of the Internet and telecommunication networks for data transmission carries inherent risks, including but not limited to a lack of protection for certain data from unauthorized access, misuse, or interception, as well as risks of contamination by viruses, malware, or other harmful components. Turnme.ai shall not be liable for any loss, alteration, unauthorized access, or destruction of data transmitted via our platform, nor for any consequential loss or damage arising from such risks.

Limitation of Liability

To the maximum extent permitted by applicable law:

• Direct damages only: Turnme.ai’s liability shall be limited strictly to direct, material damages caused by a proven and attributable breach of our obligations. Under no circumstances shall Turnme.ai be liable for any indirect, incidental, special, punitive, or consequential damages of any kind, including but not limited to loss of profits, loss of opportunity, loss of goodwill, or business interruption, even if we have been advised of the possibility of such damages.

Turnme.ai shall not be liable for any loss, damage, or corruption of User-generated Content, including, but not limited to, data loss, data corruption, or system failure, resulting from any cause beyond the reasonable control of Turnme.ai, including but not limited to your use of the Services, acts of God, natural disasters, war, terrorism, riots, civil disturbances, strikes, lockouts, labor disputes, equipment failures, internet outages, cyberattacks, or any other cause beyond Turnme.ai’s reasonable control. You are advised that you are free to download your Media created by using our Services on your personal devices.

In addition to the limits of liability described in these Terms, Turnme.ai cannot be held liable if you fail to comply, in whole or in part, with these Terms, or in the event of the act of a third party or in the event of force majeure.

Modification and Availability of Services

Turnme.ai reserves the right, at any time and without prior notice, to modify, suspend, discontinue, or restrict access to all or part of the Services for a reasonable period of time for any reason, including but not limited to operational or maintenance purposes. We shall not be liable for any modification, suspension, or discontinuation of the Services, to the extent permitted by applicable law.

9. Termination

What’s in this section?

We may terminate your account because you violated these Terms, because we believe your account is used by you or a third-party to bypass our security barriers, or because We are legally required to due to data protection issues.

We reserve the right to suspend or delete your User account upon simple motivated notification from us, for any reason, including:

• Violation or attempted violation of the Terms and/or applicable law;

In such a case, you are not allowed to create a new User Account.

• Unexpected technical or security issues;
• Long periods of inactivity on your account (2 years from your last connection).

You have the right to terminate these ToS by deleting your account at any time.

10. Modification of the Terms of Service

What’s in this section?

We may modify these Terms at any time to adapt to our Services improvements, legislative reforms, or any relevant business decision. We will notify you of substantial changes and give you the opportunity to delete your account if you do not agree with them.

Turnme.ai may modify its ToS at any time. In such a case, Turnme.ai will publish the new versions of the ToS on the web page dedicated to legal information on the upper side of the website and alert Users via an email to their registered email address.

If you do not agree with the modifications, you are invited to stop using the Services. You may also delete your account by using the dedicated button.

11. Applicable Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware. In the event of a dispute, an amicable resolution shall be sought. You are invited to contact us at contact@turnme.ai as a priority to reach an amicable solution.

The European Commission has set up an online conflict resolution platform, facilitating independent out-of-court resolution of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: European Commission Online Dispute Resolution.

If an amicable resolution is not achievable, any disputes arising between you and us will be resolved before the competent courts according to applicable law.