Terms and Conditions for "Useless Heroes"

1. Overview

Welcome to Useless Heroes, a unique online platform dedicated to transforming ordinary selfies into extraordinary superhero images with whimsical "useless powers." This digital entertainment experience is the intellectual property of Damiano Hernando Rodriguez ("The Owner") and is deftly managed and operated by METAWAVES TECH PTE. LTD. ("METAWAVES").

2. Acceptance of Terms

By accessing or using the Useless Heroes service (the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms"). If you do not agree with these Terms in their entirety, you must not use the Service.

3. Account Registration and Requirements

To use the Service, you must complete the registration process by providing a valid email address and linking an Instagram profile with a minimum of 500 followers. This prerequisite helps mitigate abuse and the proliferation of counterfeit accounts. You are responsible for safeguarding your account information and for all activities that occur under your account.

3.3 Age Requirement

The Service is intended solely for users who are eighteen (18) years of age or older. By accessing or using the Service, you represent and warrant that you are at least 18 years old. If you are under the age of 18, you must not use the Service, register, or submit personal information to us. In the event that we become aware that we have collected personal information from any child under the age of 18 without verification of parental consent, we will take steps to remove that information from our servers as quickly as possible.

4. Service Usage

As a user, you will have the opportunity to upload your selfie, which will then be processed by our integration with OpenAI's API to render your unique superhero image. We strictly prohibit and vigilantly screen for sexist, offensive or pornographic content, reserving the right to take appropriate actions to deter such misuse.

5. Intellectual Property Rights

All the content generated through the Service is the exclusive property of The Owner. The Owner reserves the right to utilize the images across various mediums or applications, both currently envisioned and in potential future endeavours. The trademarks, trade names, and content associated with the Service are the proprietary assets of the Owner and METAWAVES.

6. Limitation of Liability

Both the Owner and METAWAVES disclaim liability for any damages or losses arising from your use of the Service or from any disruptions caused by third-party services upon which the Service depends, such as OpenAI's API. While we may express ambitions, such as developing a game, we offer no assurance regarding the fulfillment of these objectives.

7. Payment Policy and Non-Refundable Fees

The Service accepts payments through Stripe, which accommodates various payment methods such as credit card transactions, Apple Pay, and Google Pay. Due to the inherent costs associated with generating your superhero image, all payments are final and non-refundable.

8. Modifications to the Service and Terms

The Owner and METAWAVES reserve the right to update or alter the Service and these Terms at any time. Continued use of the Service after any such changes constitutes your acceptance of the new Terms.

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Italy. Any disputes arising from these Terms or your use of the Service will be subject to the exclusive jurisdiction of the courts of Milan.

10. User Support and Contact Information

Should you have any questions or require assistance, please contact our support team at [email protected]

11. Termination and Final Provisions

The Owner and METAWAVES may terminate your account and access to the Service for any breach of these Terms. Upon termination, any provisions of these Terms that, by their nature, should survive will remain in effect after account cancellation.

Additional Provisions: Data Privacy and Usage

Your selfies, uploaded for image generation, will be handled in strict accordance with our Privacy Policy to ensure maximum protection of personal data. The Owner and METAWAVES may utilize these images for future applications, subject to the confines of the Privacy Policy.

User Content Responsibilities

You are accountable for any content that you submit to the Service. You must adhere to all guidelines set forth in these Terms, ensuring that your content remains free from any form of discrimination, harassment, or illicit material.

In addition to the above, you must ensure that you have all necessary rights or have obtained appropriate permissions for any images you upload. This includes photos where you appear alongside public figures or celebrities. Uploading images without proper authorization, especially those that infringe upon the rights of others, including public figures, will be subject to removal and may result in action against your account. Ensure that any such content respects privacy and publicity rights and does not misrepresent or defame its subjects.

Utilization of User-Generated Images

The Owner, along with METAWAVES, may showcase images generated by you on the Useless Heroes Instagram page, including tagging your social profile when plausible. This fosters community engagement and celebrates the creative output of our users.

Data Retention and Deletion

"Useless Heroes" retains personal data only for as long as necessary to fulfill the purposes for which it was collected as described in our Privacy Policy, or as required by law, accounting, or reporting requirements.

Users may request the deletion or rectification of their personal data at any time by contacting support. Once we no longer need to use the personal data and are not legally required to retain it, we will delete it, anonymize it, or securely isolate it such that it cannot be associated with the user's identity.