Terms of Use

These Terms of Use (“Terms”) constitute a legally binding agreement between you and Thinkboks, LLC (“Selfie,” “the Company,” “we,” “us,” “our”) governing your access to and use of the Selfie iOS application, the selfie-ai.com website, embeddable widgets, APIs, and all related products, features, and services (collectively, the “Services”). By accessing or using the Services in any manner, you unconditionally agree to be bound by these Terms. If you do not agree, you must immediately stop using the Services.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN NARROW EXCEPTIONS DESCRIBED BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION IN COOK COUNTY, ILLINOIS, AND YOU IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL, CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

1) Eligibility

You must be 18 years of age or older to use the Services. By using the Services, you represent and warrant that you are at least 18 years old, have the legal capacity to enter into these Terms, and are not barred from using the Services under any applicable law.

2) Accounts and security

You are solely responsible for all activity that occurs under your account, whether or not authorized by you. You agree to:

• provide accurate, complete, and current information
• maintain the confidentiality and security of your account credentials
• promptly notify us of any unauthorized use of your account
• accept all responsibility for any and all actions taken through your account

We may suspend, disable, or terminate your account at any time, for any reason or no reason, in our sole discretion, without prior notice or liability to you. You will have no claim against the Company for any such suspension, disabling, or termination.

3) The Services; modifications; availability

We reserve the right to modify, update, suspend, discontinue, or eliminate the Services (in whole or in part), including any features, functionality, content, or pricing, at any time, in our sole discretion, without prior notice or liability. We are under no obligation to maintain, support, update, or continue offering the Services or any part thereof.

The Services are not a backup, archival, or storage service. You are solely responsible for maintaining independent backups of any content, data, or information you care about. The Company shall not be liable for any loss of data.

4) Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into and forms part of these Terms. By using the Services, you consent to all data practices described in the Privacy Policy.

5) Your content; license grant

“Your Content” includes any and all text, messages, chat history, prompts, instructions, settings, files, images, documents, audio, voice data, email content, calendar data, training data, knowledge base entries, persona configurations, and any other materials you submit, upload, provide, or make available through the Services.

As between you and the Company, you retain whatever ownership rights you may have in Your Content, subject to third-party rights and the broad license you grant below.

You hereby grant the Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable (through multiple tiers) license to use, host, store, reproduce, modify, adapt, create derivative works from, process, analyze, distribute, publicly display, publicly perform, and otherwise exploit Your Content, in any form and by any means, for any purpose, including but not limited to:

• operating, providing, securing, and improving the Services
• training, developing, fine-tuning, evaluating, and improving AI models, machine learning systems, algorithms, and related technology (including models and systems used by or for third parties)
• creating aggregated, de-identified, or anonymized datasets
• developing new products, services, and features
• conducting research, analytics, and benchmarking
• marketing and promotional activities (using anonymized or aggregated data)
• any other lawful purpose

This license survives termination of your account and these Terms. You waive any “moral rights” or equivalent rights in Your Content to the fullest extent permitted by law.

You represent and warrant that: (a) you own or have all rights, permissions, and consents necessary to provide Your Content and to grant the license above; (b) Your Content does not violate any law, regulation, or third-party rights (including intellectual property and privacy rights); and (c) you will indemnify the Company for any breach of these representations.

6) Automated features and autonomous actions

The Services include AI-powered and automated features that may perform actions on your behalf, including but not limited to: sending and replying to emails, managing calendar events, sending SMS messages, searching the web, comparing prices, booking home services, making recommendations, and performing any other tasks you request or that the system determines are appropriate.

YOU ACKNOWLEDGE AND AGREE THAT:

• AI-generated outputs and automated actions may be inaccurate, incomplete, inappropriate, or erroneous.
• You are solely and exclusively responsible for reviewing, verifying, and approving all outputs and actions before and after they are performed.
• You assume all risk associated with any actions the Services take on your behalf, including emails sent, appointments scheduled, purchases made, messages delivered, and services booked.
• The Company is not responsible or liable for any consequences arising from automated actions, including but not limited to financial loss, reputational harm, missed appointments, unintended communications, incorrect purchases, or any other damages of any kind.
• You are solely responsible for ensuring that your use of automated features complies with all applicable laws and regulations.

7) Fees and payments

Certain features of the Services may require payment. You agree to pay all applicable fees and charges. The Company reserves the right to change pricing, introduce new fees, or modify the fee structure at any time, in its sole discretion. Continued use of paid features after a price change constitutes your acceptance of the new pricing.

All fees are non-refundable to the maximum extent permitted by law, except as expressly required by applicable law or as the Company may determine in its sole discretion. The Company is not obligated to provide refunds, credits, or adjustments for any reason, including service outages, feature changes, dissatisfaction, or account termination.

8) Prohibited conduct

You agree not to (and not to attempt to, or assist or enable others to):

• violate any law, regulation, or third-party rights
• reverse engineer, decompile, disassemble, or attempt to derive source code, algorithms, or underlying models of the Services
• interfere with, disrupt, or compromise the Services, security, integrity, or performance
• bypass, circumvent, or disable access controls, rate limits, or any technical measures
• upload or transmit malware, viruses, or harmful code
• harvest, scrape, crawl, or systematically access content or data from the Services without express written permission
• use the Services for unlawful, harmful, fraudulent, deceptive, or abusive purposes
• use the Services to generate spam, unsolicited communications, or phishing content
• create competing products or services using the Services or information obtained therefrom
• sublicense, resell, or redistribute the Services or access thereto, except as expressly permitted
• misrepresent your identity or impersonate any person
• use the Services in any manner that could damage, disable, overburden, or impair the Services

We may remove content, restrict features, suspend, or permanently terminate accounts for any violation (actual or suspected), in our sole discretion, without notice or liability.

9) Third-party services

The Services may integrate with or rely on third-party services (e.g., Instagram, email providers, calendar services, payment processors, SMS providers, AI providers, cloud infrastructure). Your use of third-party services is subject to their own terms and policies. The Company makes no representations or warranties regarding third-party services, is not responsible for their availability, accuracy, or functionality, and shall not be liable for any loss or damage arising from your use of third-party services or their failure to perform.

10) Intellectual property

The Services and all related technology, software, designs, interfaces, content, documentation, trademarks, logos, trade names, and intellectual property are and shall remain the exclusive property of the Company and its licensors. Nothing in these Terms grants you any right, title, or interest in the Services or our intellectual property except the limited right to use the Services in accordance with these Terms.

All AI-generated outputs, responses, recommendations, and content created by the Services (excluding Your Content incorporated therein) are the property of the Company. To the extent you acquire any rights in such outputs, you hereby assign all such rights to the Company.

Any feedback, suggestions, ideas, or improvements you provide regarding the Services (“Feedback”) shall be the exclusive property of the Company. You hereby irrevocably assign all rights in Feedback to the Company and waive any claims thereto.

11) Termination

You may stop using the Services at any time. We may suspend, restrict, or terminate your access to the Services at any time, for any reason or no reason, in our sole discretion, without prior notice or liability. Without limiting the foregoing, we may terminate your access if we believe you have violated these Terms, pose any risk to the Company or other users, or for any business, legal, or operational reason.

Upon termination: (a) your right to access and use the Services immediately ceases; (b) you will have no right to any refund of fees paid; (c) the Company may (but is not obligated to) delete your account and data; and (d) all provisions that by their nature should survive will survive, including but not limited to Sections 5, 6, 7, 10, 12, 13, 14, 15, 16, 17, and 18.

12) Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND AFFILIATES (COLLECTIVELY, THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, COMPATIBILITY, AND SECURITY. THE COMPANY PARTIES DO NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE SERVICES WILL BE ACCURATE, RELIABLE, OR COMPLETE; (D) ANY ERRORS WILL BE CORRECTED; OR (E) ANY AUTOMATED ACTIONS TAKEN BY THE SERVICES WILL BE APPROPRIATE, CORRECT, OR BENEFICIAL. YOU USE THE SERVICES AT YOUR OWN RISK AND DISCRETION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

13) Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE COMPANY PARTIES’ TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE LESSER OF (I) THE AMOUNTS YOU ACTUALLY PAID TO THE COMPANY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (II) FIFTY UNITED STATES DOLLARS ($50.00). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

WITHOUT LIMITING THE FOREGOING, THE COMPANY PARTIES SHALL HAVE NO LIABILITY WHATSOEVER FOR: (A) ANY ACTIONS TAKEN BY THE SERVICES ON YOUR BEHALF, INCLUDING EMAILS SENT, MESSAGES DELIVERED, APPOINTMENTS MADE, PURCHASES COMPLETED, OR SERVICES BOOKED; (B) ANY ERRORS, INACCURACIES, OR OMISSIONS IN AI-GENERATED OUTPUTS; (C) ANY LOSS OR DAMAGE RESULTING FROM THIRD-PARTY SERVICES, INTEGRATIONS, OR PROVIDERS; (D) ANY UNAUTHORIZED ACCESS TO OR BREACH OF YOUR ACCOUNT OR DATA; OR (E) ANY CONTENT OR CONDUCT OF THIRD PARTIES.

14) Indemnification

You agree to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, demands, actions, suits, proceedings, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, expert fees, and court costs) arising out of or relating to: (a) your use of the Services; (b) Your Content; (c) any actions taken by the Services on your behalf; (d) your violation of these Terms, our Privacy Policy, or any applicable law; (e) your violation of any third-party rights; (f) any dispute between you and a third party relating to the Services; or (g) your negligence or willful misconduct. The Company reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense, and you agree to cooperate fully with the Company’s defense. You shall not settle any claim without the Company’s prior written consent.

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

A. Informal resolution first. Before initiating any legal proceeding, you must first attempt to resolve the dispute informally by sending a written description of the dispute to developer@thinkboks.com. You agree to negotiate in good faith for at least 60 days before initiating arbitration.

B. Agreement to arbitrate. Except for the “Excluded Disputes” below, you and the Company agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the Services, or the relationship between us (including the validity, enforceability, or scope of this arbitration provision) will be resolved exclusively by final and binding arbitration on an individual basis. This arbitration agreement is governed by the Federal Arbitration Act.

C. Class action waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MULTI-PARTY, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS 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. In the event of conflict between AAA rules and these Terms, these Terms shall control.

E. Arbitration location; procedure. The arbitration shall take place exclusively in Cook County, Illinois, unless the Company agrees otherwise in writing. The arbitration shall be conducted in English. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve the individual claim. The arbitrator shall have no authority to award relief on behalf of persons who are not parties to the arbitration.

F. Fees and costs. Each party shall bear its own attorneys’ fees, expert fees, and costs, unless the arbitrator or applicable law provides otherwise. Notwithstanding the foregoing, if the Company prevails in any arbitration or legal proceeding, you agree to reimburse the Company for its reasonable attorneys’ fees, expert fees, and costs to the maximum extent permitted by law.

G. Excluded disputes. The following are not subject to arbitration and may be brought in the courts described in Section 16:

• claims by the Company seeking injunctive or other equitable relief for unauthorized use of the Services, security breaches, or infringement or misappropriation of intellectual property rights
• claims by the Company to enforce payment obligations
• small claims court matters, if eligible, brought on an individual basis

H. Jury trial waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND THE COMPANY IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

I. Time limitation. Any claim or cause of action arising out of or relating to these Terms or the Services must be commenced within one (1) year after the claim or cause of action accrues. Any claim not brought within this period is permanently barred.

16) Governing law; venue

These Terms are governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws principles. For any disputes not subject to arbitration, you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Cook County, Illinois, and waive any objection to such jurisdiction or venue (including inconvenient forum).

17) Changes to these Terms

We may update, modify, or replace these Terms at any time, in our sole discretion, by posting the updated version and updating the “Last Updated” date. We are not obligated to provide individual notice of changes. Your continued use of the Services after any changes constitutes your binding acceptance of the updated Terms. If you do not agree to the updated Terms, you must immediately stop using the Services. It is your sole responsibility to review these Terms periodically.

18) General provisions

• Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Services and supersede all prior agreements, understandings, and communications.
• Severability: If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable (and if it cannot be made enforceable, it shall be severed), and the remaining provisions shall continue in full force and effect.
• Waiver: The Company’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
• Assignment: You may not assign or transfer these Terms or any rights hereunder without the Company’s prior written consent. The Company may freely assign or transfer these Terms and its rights and obligations hereunder, in whole or in part, without restriction or notice.
• Force majeure: The Company shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, government actions, power failures, internet disruptions, or third-party service failures.
• No third-party beneficiaries: These Terms do not create any third-party beneficiary rights, except that the Company Parties are express third-party beneficiaries of the indemnification and limitation of liability provisions.
• Headings: Section headings are for convenience only and do not affect interpretation.
• Survival: All provisions that by their nature should survive termination shall survive, including but not limited to license grants, disclaimers, limitations of liability, indemnification, arbitration, and general provisions.

19) Contact

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