IRMO

IRMOS Company's Terms & Conditions establish the legal framework governing user interactions with their platform. These comprehensive terms address critical areas including liability limitations, user conduct, subscription management, privacy, and contract enforceability. Understanding the implications of these provisions is essential for all users, particularly regarding liability exclusions, content restrictions, subscription requirements, data protection, and dispute resolution mechanisms.

Liability Limitations

Liability Exclusions and Limitations

IRMOS Company clearly delineates specific exclusions from liability for both the Owner and its related entities. These exclusions encompass a broad spectrum of potential damages, explicitly disclaiming liability for indirect, punitive, incidental, special, consequential, or exemplary damages, including loss of profits, goodwill, use, data, or other intangible losses arising from service use or inability to use the service.

The liability exposure is further limited to the lesser of the amount paid by the user in the preceding 12 months or the period of duration of the agreement, as permitted by applicable jurisdictional laws. Some jurisdictions may allow for broader liability limitations, particularly regarding exclusion of incidental or consequential damages. Specific exclusions include liability for hacking, tampering, unauthorized access, property damage, unauthorized access to secure servers, transmission errors, viruses, trojans, unauthorized content access, interruption of service, errors/mistakes in content, loss of data, defamation, offensive conduct, or illegal activity.

Indemnification and User Conduct

The terms require users to indemnify and hold harmless IRMO and its affiliates against claims arising from service use, including any data or content transmitted or received through the service. This responsibility extends to violations of terms, breaches of representations or warranties, infringement of third-party rights, statutory law or rules, misleading or inaccurate information, willful misconduct, or statutory provisions by users or affiliates.

The contractual relationship between IRMO and users includes provisions for waiver of liability. The company's failure to enforce any right or provision under the Terms does not constitute a waiver of that right or provision, and no waiver will be considered a further or continuing waiver.

User Conduct and Content Policy

IRMOS app content guidelines strictly prohibit material that promotes violence, discrimination, harassment, or infringes upon others' rights and well-being. These policies serve to maintain a safe and respectful environment for all users. Any content that violates these standards, whether reported by users or discovered through internal audits, faces immediate removal from the platform.

Non-compliance with content policies results in strict consequences, including potential termination of app usage and legal action. The IRMO company reserves the right to enforce content restrictions through a multi-tiered approach, which may include removal of offending content, suspension of account privileges, or termination of service for persistent violators. Users who engage in prohibited activities may also face referral to local law enforcement or other appropriate authorities.

The app's terms clarify that all users are responsible for their actions while using IRMO services. This extends to content creation, sharing, and interaction within the platform. Users are prohibited from activities such as copying, downloading, modifying, or publishing IRMO content without explicit permission. For subscription users, maintaining active service requires timely payment of subscription fees through Apple ID management systems. Failure to comply with payment obligations may result in service disruptions.

IRMOS takes proactive steps to protect user data through comprehensive privacy measures. Personal information collected during registration, such as names, device IDs, and phone numbers, is used strictly for service provision and improvement purposes. While the app utilizes third-party services for enhanced functionality, all data collection occurs through anonymous unique identifiers stored on users' devices. The company maintains robust security protocols to protect transmitted information, though users should be aware that no system can guarantee absolute security.

Subscription Terms and Payment

Subscriptions grant users continuous access to IRMO services, with payment requirements managed through Apple ID systems. Payment obligations must be fulfilled to maintain uninterrupted service, highlighting the importance of timely subscription fee management.

Subscription Management and Termination

Subscriptions enable users to receive IRMO's services continuously or regularly over determined periods. The subscription activation occurs immediately upon receipt of payment by the Owner. Service continuation depends on regular payment of required recurring fees, with potential service interruptions resulting from late or missed payments.

The subscription management process integrates with Apple ID systems, requiring users to subscribe through the appropriate Apple ID management process within the IRMO app. This integration allows users to easily adjust their subscription status, including cancellation options, through standard Apple ID procedures.

Non-Compliance Consequences

Failure to maintain valid subscription status through timely payments results in service interruptions. Users are responsible for ensuring their subscription remains active, as the Owner does not automatically renew subscriptions or provide notification of expiration. The terms explicitly state that users must manage their subscription status through the appropriate Apple ID processes to avoid service disruptions.

Privacy and Data Protection

IRMOS utilizes commercially acceptable security measures to protect personal information, though notes that no system can guarantee absolute security. Personal data collected during registration, including names, device IDs, and phone numbers, serves strictly for service provision and improvement purposes.

For children under 13 years old, IRMO does not collect personally identifiable information. In cases where this occurs, the company immediately deletes such information from their servers. Parents or guardians should contact IRMO if their child has provided personal information.

IRMOS periodically updates their privacy policy, with the most recent version effective as of November 12, 2022. Any changes are posted on their website to notify users.

User photos are stored temporarily on IRMO servers during AI Avatar creation, after which they are deleted within two hours unless part of an unfinished AI Avatar model. These photos are only used to train IRMO's diffuser model. Generated AI Avatars remain on IRMO servers for up to 30 days.

The company's technology design prevents unique identification or authentication of individual users. Photos uploaded do not contain biometric identifiers or information, and faces are not used for identification purposes beyond AI Avatar creation.

IRMOS collects basic usage data such as IP addresses, device names, operating system versions, and usage statistics. While the app does not explicitly use cookies, third-party services collect information through anonymous unique identifiers stored on users' devices. The company works with third-party service providers for various purposes including service provision and analysis.

For subscription and service users, IRMO outlines several technical limitations. The app accesses external third-party resources with no control over their content or availability. Users acknowledge the Owner has no responsibility for third-party resources or content. Advertisements displayed within the app are beyond the Owner's control, and users accept responsibility for any interactions resulting from advertisement clicks.

Contract enforceability sections detail how the Terms may be adjusted for legal standards. If any provision is deemed unenforceable, the company can replace it with applicable statutory provisions if allowed by law. The Terms serve as the complete agreement between users and IRMO, superseding any prior communications on the subject matter.

Contract Enforceability

If any provision within the Terms is deemed unenforceable, IRMO reserves the right to replace it with applicable statutory provisions where permitted by law. In cases where a provision is completely nullified, the entire agreement remains unaffected unless the severed provisions are deemed essential to the contract, or so critical that the parties would not have entered into the agreement knowing its invalidity, or where the remaining provisions would create unjustifiable hardship for any party involved.

The Terms explicitly supersede all prior communications regarding their subject matter, with these terms taking precedence over any previous agreements. The legal framework governing the Terms is defined by the laws of the country where IRMO is headquartered, with this legal framework remaining consistent regardless of conflict of laws principles.

In specific instances, particularly for European Consumers or Users with habitual residence in certain countries, higher consumer protection standards may apply where local laws provide greater protection than the Terms stipulate. The jurisdiction for resolving any disputes arising from or related to these Terms is limited to the courts of the country where IRMO is based, unless the User falls under the exception of being a European Consumer or a Consumer from Switzerland, Norway, or Iceland.

The enforceability of the Terms extends to their limitations on liability and user conduct. While the company maintains robust security protocols to protect user information, the Terms acknowledge that no system can guarantee absolute security. This limitation applies even in jurisdictions that typically permit broader liability frameworks.