BinaryPattern LLC. ("we," "us," "our," or similar pronouns) offers users with mobile devices ("You") various services and features ("Services") transacted through licensed applications ("Licensed Applications") for mobile devices. Our Licensed Applications are licensed, not sold, to You for use only under the terms of this license, unless a product or service is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. By downloading, installing, or using the Licensed Application, You agree to be bound by the terms of this License Agreement. If You do not agree, do not download, install, or use the Licensed Application. We reserve all rights not expressly granted to You.
This license granted to You for our Licensed Applications is limited to a non-transferable license to use the Licensed Application on any mobile device that You own or control and as permitted by the Usage Rules set forth in our Terms and Conditions (the "Usage Rules"). This license does not allow You to use the Licensed Application on any mobile device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple mobile devices at the same time. This license allows use under Apple's Family Sharing or similar mechanisms permitted by Apple. You may not rent, lease, lend, sell, redistribute, or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
This license is granted on a limited-term basis corresponding to the subscription period purchased by You or as otherwise defined in the App Store terms. Any attempt to violate the terms of this license is a breach of our rights and may subject You to prosecution and damages.
The terms of the license will govern any upgrades provided by us that replace and/or supplement our Services, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
We collect and use data as described in our Privacy Policy. By using the Licensed Application, You consent to such collection and use. This includes technical data and related information, including but not limited to technical information about Your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to You (if any) related to the Licensed Application. We may use this information to improve our Services offered to You.
We implement reasonable measures to safeguard data; however, we disclaim liability for any unauthorized access, data breaches, or hacking incidents outside our reasonable control, as further described in the "Limitation of Liability" section. You acknowledge that no system is entirely secure and agree to use the Licensed Application at Your own risk.
You agree to receive text messages from BinaryPattern LLC, including messages sent by our users and notifications about these messages. Message frequency varies. Message and data rates may apply. For help, reply HELP or email us at contact@binarypattern.com. You can opt out at any time by replying STOP.
You may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, algorithms, or trade secrets of the Licensed Application, except as expressly permitted by applicable law. Additionally, You agree not to create derivative works, clone, replicate, or otherwise copy the Licensed Application’s features, functionality, user interface, or design elements for use in any competing or similar product or service.
You are solely responsible for any content You create, share, or transmit through our Services. We do not review or endorse any user-generated content. We reserve the right to remove any content that violates this Agreement, applicable laws, or our policies. We disclaim all liability for any claims, damages, or disputes arising from user-generated content or Your unauthorized use of the Licensed Application.
In the course of using the Licensed Application, You may access content or functionality that could vary based on the type of app. We reserve the right to change, suspend, remove, or disable access to our Services at any time without notice. We also may impose limits on the use of or access to our Services without notice or liability.
You agree to use our Services at Your sole risk. We make no representation that our Services are available for use in any particular location. To the extent You choose to access our Services, You do so at Your own initiative and are responsible for compliance with any applicable laws. We disclaim any liability for the removal of or disabling of access to our Services, as further outlined in the "NO WARRANTY" section.
By using our AI Headshots app and uploading a photo, you acknowledge and consent to the collection, processing, and use of your image solely for the purpose of generating AI-enhanced images, as outlined in our Privacy Policy. Users are responsible for ensuring they have the necessary rights to any images they upload, and we assume no liability for any claims arising from unauthorized use. By submitting a photo, you confirm that the image does not violate any third-party rights. Once an AI-generated image is provided, we are not responsible for how it is used, and users bear full responsibility for any modifications, sharing, or distribution. Users may not use AI-generated images for deceptive, fraudulent, unlawful, or harmful purposes, including but not limited to impersonation, harassment, or misleading representation.
AI-generated images are provided as-is, and we do not guarantee the quality, accuracy, or suitability of the results for any specific purpose. We reserve the right to refuse the processing of any uploaded image or to delete any AI-generated content that we determine, in our sole discretion, to be inappropriate, unlawful, or in violation of these Terms. While we take reasonable steps to ensure that our third-party service providers adhere to strict data protection standards, we cannot guarantee their independent data handling practices beyond the agreed-upon service. Uploaded images are stored with protective measures in place to the best of our ability and will be deleted upon request or automatically after one year of the user’s last interaction with the app. To the fullest extent permitted by law, we are not liable for any direct, indirect, incidental, or consequential damages resulting from the use of AI-generated images or the app itself.
BINARYPATTERN'S SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER BINARYPATTERN NOR ITS REPRESENTATIVES WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM, DAMAGE, OR LOSS ARISING FROM OR RELATING TO THE USE OF OUR SERVICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
To the maximum extent permitted by law, in no event shall we be liable for personal injury, or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the Licensed Application, however caused. We disclaim liability for unauthorized access, data breaches, or hacking incidents as outlined in the "Consent to Use of Data" section. In no event shall our total liability to You for all damages exceed the greater of (a) $100 or (b) the total amount You paid for the Licensed Application in the past 12 months. This limitation of liability applies even if any limited remedy fails of its essential purpose.
This Agreement shall be governed by the laws of the State of New Jersey, without regard to its conflict of laws principles, except where applicable local consumer protection laws explicitly override this Agreement. You are solely responsible for compliance with all applicable laws when using the Licensed Application.
Any disputes arising hereunder shall first be submitted to binding arbitration under the rules of a provider chosen at our sole discretion, conducted in New Jersey, or via remote arbitration if both parties agree. The arbitrator’s decision shall be final and enforceable in court. You waive any right to bring class action lawsuits or class arbitration against us.
We may update these terms from time to time. Changes will be effective when posted on our website or app. Your continued use of the Licensed Application after any update constitutes acceptance of the new terms. Your failure to review the updated terms does not exempt You from compliance with the updated terms. It is Your responsibility to review the terms regularly for updates.
Refunds and cancellations for in-app purchases are governed by the terms of the App Store. We do not provide refunds except as required by applicable law.
You may not use or otherwise export or re-export the Licensed Application except as permitted by U.S. export control laws, including the Export Administration Regulations (EAR) and sanctions administered by the Office of Foreign Assets Control (OFAC). You acknowledge and agree that You are solely responsible for ensuring compliance with all applicable export control laws when using the Licensed Application outside the United States.
The Licensed Application may integrate or provide access to third-party services. We do not own, control, or guarantee the security, availability, or functionality of such services. You acknowledge and agree that Your use of third-party services is at Your sole risk. We disclaim any liability for data breaches, loss of access, or service interruptions caused by third parties.