Terms of Service

Last updated: 18 May 2025

Welcome to 3D Icon AI! These Terms of Service ("Terms") govern your access to and use of the 3D Icon AI website at 3diconai.com (the "Site") and the services provided therein (collectively, the "Services"), which are owned and operated by Appaca ("Appaca," "we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy (available at /privacy). If you do not agree to these Terms, please do not use our Services.

Questions or concerns? If you have any questions or concerns about these Terms, please contact us at [email protected].

TABLE OF CONTENTS

  1. Description of Services
  2. Eligibility
  3. User Content
  4. AI-Generated Content
  5. Intellectual Property Rights
  6. Acceptable Use Policy
  7. Third-Party Services (OpenAI)
  8. Termination
  9. Disclaimers
  10. Limitation of Liability
  11. Indemnification
  12. Governing Law and Dispute Resolution
  13. Changes to Terms
  14. No Refund Policy
  15. Contact Us

1. Description of Services

3D Icon AI provides a service that allows users to upload their photos or images ("User Content") to be transformed into 3D art or 3D icons ("Generated Content") using artificial intelligence models, specifically OpenAI GPT models.

2. Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to use the Services. By using the Services, you represent and warrant that you meet this age requirement. If you are using the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3. User Content

You are solely responsible for the User Content you upload, submit, or display through the Services. You retain all ownership rights in your User Content. However, by uploading User Content, you grant Appaca a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content solely for the purpose of providing and improving the Services, including processing it through AI models to generate the Generated Content.

You represent and warrant that:

  • You own or have the necessary licenses, rights, consents, and permissions to your User Content and to grant the license set forth above.
  • Your User Content does not and will not infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  • Your User Content does not contain any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

We do not claim ownership of your User Content. We reserve the right, but are not obligated, to remove or refuse to process any User Content that we believe, in our sole discretion, violates these Terms or is otherwise objectionable.

4. AI-Generated Content

The Services use AI models (including OpenAI GPT models) to create Generated Content based on your User Content. Due to the nature of artificial intelligence and machine learning, Generated Content may not always be perfectly accurate, unique, or suitable for your intended purpose.

Ownership: Subject to your ownership of the underlying User Content and your compliance with these Terms, you own the rights to the specific Generated Content created for you by the Services from your User Content, to the extent permitted by applicable law. Appaca makes no representation or warranty as to the validity or enforceability of any intellectual property rights you may claim in your Generated Content.

Responsibility: You are responsible for the Generated Content you create and how you use it. You must ensure that your use of Generated Content complies with all applicable laws and does not infringe upon the rights of any third party. Generated Content may be similar to content generated for other users if they provide similar User Content or prompts.

Disclaimer: The Generated Content is provided "as is." We make no warranties regarding the accuracy, completeness, reliability, or suitability of any Generated Content. You acknowledge that AI-generated content can sometimes be unexpected, inaccurate, or offensive, and you agree to use it at your own risk.

5. Intellectual Property Rights

Our Services: The Services, including the Site, software, algorithms, trademarks, trade names, logos, and all other intellectual property rights related thereto (excluding User Content and Generated Content as defined above) are and will remain the exclusive property of Appaca and its licensors. These Terms do not grant you any right, title, or interest in the Services, other than the limited license to use the Services as expressly permitted herein.

Feedback: If you provide us with any suggestions, ideas, feedback, or recommendations regarding the Services ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such Feedback into our Services without any obligation to you.

6. Acceptable Use Policy

You agree not to misuse the Services or help anyone else do so. You agree not to:

  • Use the Services for any illegal or unauthorized purpose.
  • Upload or generate any content that is unlawful, harmful, abusive, offensive, defamatory, infringing, or otherwise objectionable.
  • Infringe upon or violate the intellectual property rights or any other rights of anyone else (including Appaca).
  • Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Services.
  • Interfere with or disrupt the integrity or performance of the Services or any data contained therein.
  • Attempt to gain unauthorized access to the Services or their related systems or networks.
  • Use the Services to develop a competing product or service.
  • Use the Services to generate content that exploits, abuses, or endangers children.
  • Generate or disseminate personally identifiable information that can be used to harm an individual.
  • Use the Services in a way that could harm or impair the use of the Services by others.
  • Violate any applicable laws or regulations.

We reserve the right to investigate and take appropriate action (including removing content, suspending or terminating your access) if we believe you have violated this Acceptable Use Policy or any other provision of these Terms.

7. Third-Party Services (OpenAI)

Our Services utilize third-party services, specifically OpenAI GPT models, to process User Content and generate Generated Content. Your use of our Services is also subject to OpenAI's terms of service and privacy policy. We encourage you to review them:

Appaca is not responsible for the practices, policies, or performance of OpenAI or any other third-party services. Your interactions with such third parties are solely between you and the third party.

8. Termination

We may terminate or suspend your access to all or part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your agreement with these Terms, you can simply discontinue using the Services.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

APPACA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE GENERATED CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE FOR YOUR INTENDED PURPOSE, OR NON-INFRINGING.

YOU ACKNOWLEDGE THAT THE USE OF AI AND MACHINE LEARNING MODELS IS AN EVOLVING FIELD. THE GENERATED CONTENT IS PRODUCED BY AI AND MAY BE UNPREDICTABLE, INACCURATE, OR CONTAIN BIASES. YOU USE THE SERVICES AND ANY GENERATED CONTENT AT YOUR SOLE RISK.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APPACA, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT OR GENERATED CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT APPACA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APPACA'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO APPACA FOR ACCESS TO AND USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS; OR (B) AUD $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. Indemnification

You agree to defend, indemnify, and hold harmless Appaca and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right, related to your User Content or your use of Generated Content; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles.

You agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the courts of New South Wales, Australia.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice prior to any new terms taking effect, such as by posting a notice on our Site or sending an email to the address associated with your account, if applicable. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services. The "Last updated" date at the top of these Terms indicates when they were last revised.

14. No Refund Policy

Given the nature of the digital services provided, all fees and charges paid to Appaca for the use of the Services are non-refundable. This includes any subscription fees, usage fees, or other charges associated with the Services. Once a payment or purchase has been made, it is final and no refunds will be issued, whether in whole or in part, for any reason, including but not limited to dissatisfaction with the Services, termination of your access, or discontinuation of the Services.

We encourage you to carefully consider your decision before making any payment. If you have questions about the Services, please contact us before making a purchase.

15. Contact Us

If you have any questions about these Terms, please contact us at: [email protected]

Please also review our Privacy Policy at /privacy for information about how we collect, use, and share information about users of our Services.

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© 2025 | 3D Icon AI by Appaca

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