Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the Selfie iOS app and selfie-ai.com and related services (collectively, the “Services”) provided by Thinkboks, LLC (“Selfie,” “we,” “us”). By accessing or using the Services, you agree to these Terms.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN DISPUTES DESCRIBED BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SELFIE WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.

1) Eligibility (18+ only)

You must be 18 years of age or older to use the Services. By using the Services, you represent and warrant that you meet this requirement.

2) Accounts and security

You are responsible for all activity that occurs under your account. You agree to:

• provide accurate information
• maintain the confidentiality of your credentials
• promptly notify us of unauthorized use of your account

We may suspend or terminate access to protect the Services or users.

3) The Services; changes

We may modify, update, suspend, or discontinue the Services (in whole or part) at any time. We are not a backup service. You are responsible for maintaining your own backups of any content you care about.

4) Privacy

Our collection and use of personal information is described in our Privacy Policy.

5) Your content; license

“Your Content” includes any text, messages, settings, files, images, and other materials you submit or make available through the Services.

You retain ownership of Your Content as between you and Selfie, subject to third-party rights.

You grant Selfie a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, process, modify (for formatting/processing), and display Your Content solely as necessary to operate, provide, secure, and improve the Services, including processing through our service providers.

You represent and warrant you have all rights necessary to provide Your Content and grant the license above, and that Your Content does not violate law or third-party rights.

6) Automated features; no guarantees

The Services may generate responses and take actions based on your requests. These outputs may be inaccurate, incomplete, or inappropriate. You are solely responsible for verifying outputs before relying on them, how you use outputs, and ensuring your use complies with law and these Terms.

7) Prohibited conduct

You agree not to (and not to attempt to):

• violate any law or third-party rights
• reverse engineer, decompile, or attempt to derive source code or underlying models (except to the extent prohibited by law)
• interfere with or disrupt the Services, security, or integrity
• bypass access controls or use the Services in an unauthorized manner
• upload malware or harmful code
• harvest or scrape content at scale without permission
• use the Services for unlawful, harmful, or abusive purposes

We may remove content, restrict features, or suspend/terminate accounts for violations.

8) Third-party services

The Services may integrate with third-party services (e.g., Instagram) and rely on third-party providers (e.g., cloud, payments). Your use of third-party services is subject to their own terms and policies. We are not responsible for third-party services.

9) Intellectual property

Selfie and its licensors own the Services and all related technology and content we provide (excluding Your Content). You may not copy, modify, distribute, or create derivative works except as expressly permitted by these Terms.

10) Termination

You may stop using the Services at any time. We may suspend or terminate your access at any time if we believe you violated these Terms, pose a risk, or for other lawful reasons. Upon termination, your right to access the Services ends.

11) Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SELFIE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

12) Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) SELFIE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS/REVENUE, DATA LOSS, OR BUSINESS INTERRUPTION; AND (B) SELFIE’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID TO SELFIE FOR THE SERVICES IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (II) $100. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED.

13) Indemnification

You agree to indemnify and hold harmless Selfie and its officers, directors, employees, and agents from and against claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services or Your Content, or your violation of these Terms or law.

14) Dispute resolution; binding individual arbitration; class action waiver

A. Informal resolution first. Before filing a claim, you agree to try to resolve the dispute informally by emailing developer@thinkboks.com with a description of the issue. If the dispute is not resolved within 30 days, either party may proceed as described below.

B. Agreement to arbitrate. Except for the “Excluded Disputes” below, you and Selfie agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration on an individual basis.

C. Class action waiver. YOU AND SELFIE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.

D. Arbitration rules and administrator. The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or other applicable AAA rules), as modified by these Terms.

E. Arbitration location; procedure. Unless you and Selfie agree otherwise, the arbitration will take place in Cook County, Illinois, or may be conducted by video/teleconference where appropriate. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve the individual claim.

F. Fees and costs. Each party will bear its own attorneys’ fees and costs unless the arbitrator awards otherwise under applicable law. AAA fees will be allocated in accordance with the applicable AAA rules and law.

G. Excluded disputes. The following disputes are not subject to arbitration:

• claims seeking injunctive or other equitable relief for alleged unlawful use of the Services, security breaches, or infringement/misappropriation of intellectual property rights
• small claims court matters, if eligible, brought on an individual basis

H. Jury trial waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND SELFIE WAIVE ANY RIGHT TO A JURY TRIAL.

15) Governing law

These Terms are governed by the laws of the State of Illinois, excluding its conflict of laws rules, except to the extent federal law applies.

16) Changes to these Terms

We may update these Terms from time to time by posting the updated version and updating the “Last Updated” date. Continued use after changes means you accept the updated Terms.

17) Contact

Thinkboks, LLC (Selfie)
316 Sheridan Road
Winnetka, IL 60093
Email: developer@thinkboks.com