Terms of Service

1. Introduction

1.1 About Masq

Masq ("Masq," "we," "our," or "us") provides an AI-powered identity creation platform that enables users to design custom face identities and use them across gaming, streaming, and content creation applications. These Terms of Service ("Terms") govern your access to and use of Masq's services, website, and applications (collectively, the "Services").

1.2 Acceptance of Terms

By creating an account, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services. If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to bind such entity to these Terms.

1.3 Eligibility

You must be at least 18 years old to create an account and use the Services.

2. Description of Services

2.1 Identity Creation

The Services allow you to create AI-generated face identities by selecting character traits ("Character DNA") through our character creator interface. Your trait selections are processed by AI services to generate photorealistic face images, which are stored in your account.

2.2 Real-Time Features

The Services may include real-time face transformation features that allow you to apply your created identities to live video for gaming, streaming, and content creation. Video processed during these sessions is not stored after your session ends.

2.3 Service Availability

We strive to maintain availability of the Services but do not guarantee uninterrupted access. We may perform maintenance during which the Services may be temporarily unavailable.

3. Account Registration

To use the Services, you must create an account. You agree to provide accurate information during registration and to keep your account information current. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. User Responsibilities

4.1 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not:

(a) Use the Services in any way that violates applicable laws or regulations

(b) Attempt to circumvent, disable, or interfere with the security or functionality of the Services

(c) Use the Services to generate content that infringes the rights of others, including intellectual property rights or rights of publicity

(d) Use the Services to generate content depicting real individuals without their consent

(e) Use the Services to generate illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable content

(f) Use automated means to access the Services beyond the scope of permitted API usage

(g) Attempt to reverse engineer, decompile, or derive the source code of the Services

4.2 Content Restrictions

You acknowledge that AI-generated faces are subject to content safety filtering. We reserve the right to refuse generation requests and to remove any content that violates these Terms or applicable law.

4.3 Compliance with Laws

You are responsible for ensuring that your use of the Services complies with all applicable laws and regulations in your jurisdiction.

5. Intellectual Property

5.1 Ownership of Services

Masq owns and retains all right, title, and interest in the Services, including all software, algorithms, user interfaces, trademarks, and other intellectual property incorporated into the Services.

5.2 Your Content

You retain ownership of the Character DNA selections you create. Subject to your compliance with these Terms, we grant you a license to use the AI-generated face images created from your Character DNA for personal and commercial purposes, including use in gaming, streaming, and content creation.

5.3 License to Masq

By using the Services, you grant Masq a worldwide, non-exclusive license to use, store, and process your Character DNA and generated images solely to provide and improve the Services.

5.4 Restrictions

You shall not:

(a) Use the Services to create a competing product or service

(b) Sell, resell, license, or distribute the Services themselves

(c) Remove or alter any proprietary notices on the Services

(d) Claim that AI-generated faces are photographs of real individuals

5.5 Feedback

If you provide feedback, suggestions, or ideas regarding the Services, you grant Masq a perpetual, royalty-free license to use such feedback without restriction.

6. Third-Party Services

The Services use third-party services to provide certain functionality. By using the Services, you acknowledge that:

(a) Your Character DNA is processed by Google's Gemini API to generate face images

(b) Your generated images are stored on Google Cloud Platform

(c) Your use of the Services is subject to the terms and privacy policies of these third-party providers to the extent applicable

7. Privacy

Our collection, use, and sharing of your information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our data practices as described in the Privacy Policy.

8. Disclaimers

8.1 "As Is" Service

THE SERVICES ARE 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, OR NON-INFRINGEMENT.

8.2 AI Limitations

You acknowledge that the Services use artificial intelligence to generate face images. AI-generated content may not always meet your expectations. We do not guarantee any particular quality, accuracy, or outcome of generated content.

8.3 No Guarantee of Availability

We do not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MASQ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL.

IN NO EVENT SHALL MASQ'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE AMOUNTS PAID BY YOU TO MASQ IN THE TWELVE MONTHS PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. Indemnification

You agree to indemnify and hold harmless Masq and its officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable attorney's fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) content you create using the Services.

11. Term and Termination

11.1 Term

These Terms remain in effect from the date you accept them until terminated.

11.2 Termination by You

You may close your account at any time through your account settings or by contacting us.

11.3 Termination by Masq

We may suspend or terminate your access to the Services at any time, with or without cause, including if we believe you have violated these Terms.

11.4 Effect of Termination

Upon termination, your right to use the Services ceases immediately. We may delete your account data in accordance with our Privacy Policy. Provisions that by their nature should survive termination shall survive, including intellectual property rights, disclaimers, limitations of liability, and indemnification.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by the laws of the State of Nevada, without regard to conflict of law principles.

12.2 Dispute Resolution

Any dispute arising from these Terms shall be resolved through binding arbitration in the State of Nevada in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for intellectual property matters.

12.3 Class Action Waiver

You agree to resolve disputes with Masq on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

13. General Provisions

13.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Masq regarding the Services.

13.2 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in effect.

13.3 No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

13.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms at any time.

13.5 Modifications

We may modify these Terms at any time. We will notify you of material changes by email or through the Services at least thirty (30) days before the changes take effect. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.

14. Contact

If you have questions about these Terms, contact us at:

Email: info@masqme.com

Masq Live, LLC
3909 South Maryland Parkway, Suite 202
Las Vegas, Nevada 89119