Terms of Service

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). The Content and Marks are provided "AS IS" for your personal, non-commercial use only.

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download the cover(s) you generate for your own personal, non-commercial use, including sharing them on social media.

Except as set out above, no part of the Services and no Content or Marks may be copied, reproduced, republished, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

By using the Services, you represent and warrant that:

• all registration information you submit will be true, accurate, current, and complete;
• you will maintain the accuracy of such information and promptly update it as necessary;
• you have the legal capacity and you agree to comply with these Legal Terms;
• you are not a minor in the jurisdiction in which you reside;
• you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
• you will not use the Services for any illegal or unauthorized purpose; and
• your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Services.

You may be required to register with your email address to use the Services (passwordless sign-in via a magic link). You are responsible for all use of your account. We reserve the right to remove or restrict an account if we determine, in our sole discretion, that it is being used inappropriately.

We accept payment via Stripe with major credit and debit cards and, for buyers in Mexico, in cash at OXXO stores. Prices are charged in US dollars, or in Mexican pesos for buyers in Mexico. OXXO payments are credited once Stripe confirms the payment (normally no later than the next business day) and cannot be refunded in cash; if a cover paid for at OXXO cannot be generated, we will compensate you with a cover. You may purchase a single cover or a credit pack (3, 5, or 10 credits); one credit generates one cover.

You may also use covers from your balance to animate a cover you have already generated ("Animate cover"), which uses 2 covers. The animation is a 10-second video with movement and voice generated with artificial intelligence. The result may vary, is not repeated free of charge, and we do not guarantee that it will match your description; if it fails for a technical reason, we return your covers. Videos are kept for 60 days from their creation and are then deleted automatically and cannot be recovered; we notify you by email 10 days beforehand and recommend that you download them.

There are no subscriptions and no automatic recurring charges of any kind. Credits do not expire. Purchases are generally final; we do not offer refunds except where required by applicable law, in the case of a duplicate or erroneous charge, or at our sole discretion.

We reserve the right to correct any errors or mistakes in pricing, to refuse any order, and to change prices at any time (changes will not affect credits already purchased).

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

• Systematically retrieve data from the Services to create a collection or database without our written permission.
• Trick, defraud, or mislead us or other users.
• Circumvent, disable, or interfere with security-related features of the Services.
• Use the Services to harass, abuse, or harm another person.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Upload or transmit viruses, Trojan horses, or other harmful material.
• Use any automated system (bots, scrapers, data mining tools) to access the Services.
• Attempt to impersonate another person, or use the Services to generate content depicting a real, identifiable person without that person's consent.
• Attempt to bypass any measures designed to prevent or restrict access to the Services.
• Reverse engineer, decompile, or disassemble any part of the Services.
• Use the Services to advertise or sell unrelated goods and services, or to compete with us.

When you use the generator, you submit information and, optionally, a photograph, to create your cover (collectively, your "Submissions"). By providing a Submission, you represent and warrant that:

• you are the creator and owner of, or otherwise have the necessary rights and consents to submit, your Submission;
• if your Submission includes a photograph of a person, you have that person's explicit consent to use their likeness for this purpose (see Section 24 below for details specific to photos);
• your Submission does not infringe the intellectual property, privacy, or publicity rights of any third party;
• your Submission is not illegal, harassing, hateful, defamatory, obscene, or otherwise objectionable.

You retain ownership of the information you submit. You grant us a limited, non-exclusive license to use your Submission solely to generate your cover, to generate, at your request, the animation of your cover, and to operate and improve the Services (for example, to diagnose and fix a failed generation). We do not publish, sell, or otherwise distribute your Submissions to third parties for their own use, and we will not post your generated cover or your animated video on our own social media accounts unless you separately submit them from "My covers" (see Section 24).

We reserve the right to refuse to generate, or to remove, any content that we determine, in our sole discretion, violates these Legal Terms.

The Services may contain links to other websites or content belonging to third parties. We do not investigate, monitor, or check such third-party websites or content for accuracy or appropriateness, and we are not responsible for them. Accessing any third-party website is at your own risk.

We reserve the right, but not the obligation, to monitor the Services for violations of these Legal Terms, to take appropriate legal action against anyone who violates the law or these Legal Terms, and to otherwise manage the Services in a manner designed to protect our rights and property and the proper functioning of the Services.

We care about data privacy and security. Please review our Privacy Policy at fairwayweekly.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States. By using the Services, you consent to your data being transferred to and processed in the United States.

We respect the intellectual property rights of others. If you believe that any material available through the Services infringes a copyright you own or control, please notify us at privacy@fairwayweekly.com.

These Legal Terms remain in full force while you use the Services. We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services to any person for any reason, including for breach of these Legal Terms. We may terminate your account and delete your content at any time, without warning, in our sole discretion.

We reserve the right to change, modify, or remove the Services at any time or for any reason without notice, and we are not liable for any modification, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at all times.

These Legal Terms are governed by the laws of Mexico. You and TYM IDEAS irrevocably consent that the courts of Mexico shall have exclusive jurisdiction to resolve any dispute arising in connection with these Legal Terms.

To expedite resolution and control the cost of any dispute, you and we agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration, commencing upon written notice from one party to the other.

If the parties are unable to resolve the dispute through informal negotiation, the dispute shall be finally resolved by arbitration in accordance with the UNCITRAL Arbitration Rules in force at the time, with one (1) arbitrator, seated in San Pedro Garza García, Nuevo León, Mexico, conducted in Spanish, under the substantive law of Mexico. Arbitration shall be limited to the dispute between the parties individually; no class-action or representative proceedings are permitted.

This provision does not apply to disputes seeking to enforce or protect intellectual property rights, disputes related to allegations of theft, piracy, or unauthorized use, or any claim for injunctive relief - those may be brought before a court of competent jurisdiction as described in Section 14.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct these and to update information at any time, without prior notice.

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT AI-GENERATED CONTENT WILL BE ACCURATE, ERROR-FREE, OR FREE OF OFFENSIVE OR UNEXPECTED RESULTS.

Your generated cover is a stylized, artistic, AI-created interpretation of the information and photo (if any) you provide. It is not a guaranteed likeness, and the resemblance to any uploaded photo, real person, or real place may vary.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID TO US, IF ANY, DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

You agree to defend, indemnify, and hold us harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: your Submissions; your use of the Services; your breach of these Legal Terms; or your violation of the rights of a third party, including intellectual property or publicity rights (for example, uploading a photo or a club logo without the necessary permission).

We will maintain certain data that you provide to the Services for the purpose of operating the Services (see our Privacy Policy for details). You are solely responsible for the data you submit, and we have no liability to you for any loss or corruption of such data.

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that they satisfy any legal requirement that such communications be in writing.

We do not sell your personal information. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

These Legal Terms and any policies posted by us constitute the entire agreement between you and us. Our failure to enforce any right or provision shall not operate as a waiver. If any provision is found unlawful or unenforceable, that provision is severable and does not affect the validity of the remaining provisions. We may assign our rights and obligations under these Legal Terms at any time.

By using our Services, you agree that:

• If you upload a photograph of a person, you personally confirm - and take full responsibility for the fact - that you have that person's explicit consent to use their photo to generate a cover through the Services. This applies whether the photo is of you or of someone else (for example, a friend). You must not upload a photograph of a minor.
• Submitting a cover to be featured on our social media is optional and done cover by cover, from "My covers", after you have seen the result. By submitting a cover, you grant us a non-exclusive, royalty-free license to post it as is on Fairway Weekly's social media accounts (we may only resize or crop it to fit each network's format, without changing its content), and you confirm that you have permission from everyone who appears in it. We will not tag you or put your name in the post, and whether a submitted cover is posted is at our discretion. Until it is posted, you can withdraw your submission at any time from "My covers". Once posted, you can ask us to take it down by writing to privacy@fairwayweekly.com and we will remove it from our accounts within 5 business days; we cannot control copies that other people shared or saved before it was removed.
• Submitting an animated video to be featured on our social media is optional and done video by video, from "My covers". The same rules as for submitting covers apply to the video, which also includes an animation and a voice generated with artificial intelligence of the people who appear on the cover; by submitting it you confirm that you have permission from all of them to be shown animated and speaking. Posting a submitted video is at our discretion. You may withdraw your submission at any time until it is posted; once posted, write to privacy@fairwayweekly.com and we will take it down within 5 business days.
• Uploaded photos are used solely as a reference to generate your cover and are automatically deleted from our systems once the generation process is complete, whether it succeeds or fails.
• AI-generated content produced through our Services is intended for personal entertainment and satire. It may not be used to harass, defame, or seriously misrepresent facts about any real person, and it may not be redistributed in a way that could be mistaken for a real news publication.
• If your submission includes the name, logo, or other identifying mark of a golf club or other third party, you represent that you have the right to reference it in this context, and you take full responsibility for that use. Fairway Weekly disclaims any liability arising from a Submission that uses a third party's name, logo, or trademark without the necessary rights.

In order to resolve a complaint regarding the Services or to receive further information, please contact us at:

TYM IDEAS Ave. Ricardo Margain 575 Col. Santa Engracia San Pedro Garza Garcia, Nuevo Leon 66267 Mexico

privacy@fairwayweekly.com