Terms of Use

Contact Us

If you have any questions or concerns about these terms of use, please contact us at:

Senya Media, LLC

Address: 651 Broad Street, Suite 201, Middletown, 19709, Delaware

Phone: (415) 562-6879‬

Deletion or Deactivation

The photos you submit are kept for a maximum of 30 days on our servers for troubleshooting. They are also kept for a maximum of 30 days on the servers of our partner Astria.ai.

Users have the option to request the deletion of their submitted photos before the 30 days period by contacting Senya Media, LLC. Senya Media, LLC will endeavor to delete these photos as soon as possible

Users can also request the deletion of the AI model created based on their photos. Upon deletion of the AI model, all additional information provided by the user to create the model, including model name, eye color, gender, and interests, will also be deleted.

While Senya Media, LLC will make efforts to promptly comply with deletion requests, please note that there might be a short delay before the data is completely removed from our systems.

Opt-Out Options

Submitting images to FirePic is entirely voluntary. Users are under no obligation to submit images, and they can choose not to use the service if they do not wish to submit their images. Submitting images is required for FirePic to provide its Service.

Users should understand that by choosing not to submit images, they may not be able to utilize the features and services provided by FirePic.

Privacy Policy

We will keep certain data that you transmit to the Services for managing the Services' performance and data related to your use of the Services. While we perform regular backups of data, you are solely responsible for all data you transmit or relating to any activity you have undertaken using the Services. We are not liable for any loss or corruption of data, and you waive any right of action against us arising from such loss or corruption.

By using FirePic, you agree to be bound by our privacy policy, which can be found at here. The privacy policy explains how we collect, use, and disclose personal information. Please review the privacy policy carefully before using the app.

Please note that FirePic is hosted in the United States, which means that any personal information you provide may be transferred to the United States. By using FirePic, you consent to the transfer of your personal information to the United States

Personal Information

In order to use FirePic, we require users to upload 20 to 30 photos and provide additional information such as a name for the model, gender, eye color, and interests. This information is used to build the AI model and generate photos that more accurately represent the user.

The photos and additional information provided by the users are only used to generate the AI model that generates photos for the user. We do not sell or rent this information to third parties.

We share the information provided by the user with Astria.ai, the backend platform that generates the photos. We only share the minimum amount of information necessary to generate the photos.

Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement between you and us. Our failure to enforce any right or provision of these Legal Terms is not a waiver of that right or provision. These Legal Terms are fully enforceable by law. We can assign our rights and obligations to others at any time. We are not liable for any loss, damage, delay, or failure to act caused by circumstances beyond our control. If any part of these Legal Terms is found to be unlawful, void, or unenforceable, that part is severable and does not affect the validity of the remaining provisions. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Legal Terms or your use of the Services. These Legal Terms are not to be construed against us as the drafter. You waive any defenses based on the electronic form of these Legal Terms and the lack of signed execution by the parties.

California Users and Residents

If a complaint with us is not resolved satisfactorily, 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 or (916) 445-1254.

Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms are electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that they be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND ELECTRONIC DELIVERY OF NOTICES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You waive any rights or requirements under any laws in any jurisdiction requiring non-electronic signatures, non-electronic delivery or retention of records, or payments or granting credits by non-electronic means.

Resolving Disputes

Informal Negotiations

To quickly resolve and control the cost of disputes related to these Legal Terms, both you and we agree to first try to negotiate informally for at least 30 days before starting arbitration. These informal negotiations begin when one party sends written notice to the other.

Binding Arbitration

If we can't resolve a dispute through informal negotiations, it will be resolved by binding arbitration, except for specific excluded disputes. You understand that without this, you could go to court and have a jury trial. The arbitration process follows the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, if necessary, the AAA's Supplementary Procedures for Consumer Related Disputes. You can find both on the AAA website www.adr.org. Your arbitration fees and share of arbitrator compensation will follow the AAA Consumer Rules. The arbitration may be in person, through documents, by phone, or online. The arbitrator will make a written decision, but doesn't have to give reasons unless a party asks. The arbitrator must follow the law, and the award can be challenged if they don't. The arbitration will take place in Delaware, unless otherwise required by AAA rules or law. Parties can go to court to force arbitration, pause court proceedings during arbitration, or confirm, change, cancel, or enter a judgment on the arbitrator's award.

If a dispute goes to court instead of arbitration, it will be in state and federal courts in Delaware. Both parties agree to submit to the personal jurisdiction of those courts and waive any objections related to jurisdiction or venue. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) don't apply to these Legal Terms.

No disputes related to the Services can be brought more than one year after the cause of action began. If this provision is found to be illegal or unenforceable, the dispute will be decided by a court within the listed jurisdiction, and both parties submit to that court's personal jurisdiction.

Restrictions

Both parties agree that any arbitration will be limited to the dispute between them individually. To the fullest extent allowed by law, (a) no arbitration can be joined with any other proceeding; (b) there's no right or authority for any dispute to be arbitrated as a class action or using class action procedures; and (c) there's no right or authority for any dispute to be brought on behalf of the public or others.

Exceptions to Informal Negotiations and Arbitration

Some disputes aren't subject to the above provisions for informal negotiations and binding arbitration: (a) disputes involving intellectual property rights; (b) disputes related to theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief. If this provision is found to be illegal or unenforceable, the dispute will be decided by a court within the listed jurisdiction, and both parties submit to that court's personal jurisdiction.

Corrections

We may find errors, inaccuracies, or omissions in the information on the Services, including descriptions, pricing, and availability. We reserve the right to fix these errors, inaccuracies, or omissions and update the information at any time without prior notice.

Disclaimer

The Services are offered on an as-is and as-available basis. By using the Services, you agree to assume all risks. To the fullest extent allowed by law, we disclaim all warranties, whether express or implied, related to the Services and your use of them. This includes, but is not limited to, warranties of merchantability, fitness for a specific purpose, and non-infringement. We provide no warranties or representations regarding the accuracy or completeness of the Services' content or any content on websites or mobile applications linked to the Services. We are not responsible for any (1) errors, mistakes, or inaccuracies in content and materials, (2) personal injury or property damage resulting from your use of the Services, (3) unauthorized access to or use of our secure servers and any personal or financial information stored there, (4) interruptions or cessation of transmission to or from the Services, (5) bugs, viruses, or similar issues transmitted through the Services by third parties, or (6) errors or omissions in content or materials, or any loss or damage incurred from using content posted or made available through the Services. We don't endorse, guarantee, or take responsibility for any products or services advertised or offered by third parties through the Services, any linked websites, or websites featured in advertising. We are not responsible for monitoring transactions between you and third-party providers. Use caution and good judgment when making purchases.

Limitations of Liability

We, our directors, employees, or agents will not be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, revenue, data, or other damages resulting from your use of the Services. Some laws may not allow limitations on warranties or exclusions or limitations of damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all our respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by a third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties in these Legal Terms; (5) your violation of third-party rights, including intellectual property rights; or (6) any harmful act toward another user of the Services. We reserve the right to assume exclusive defense and control of any matter for which you must indemnify us, at your expense, and you agree to cooperate with our defense of such claims. We will make reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification upon becoming aware of it.

Governing Law

These Legal Terms and your use of our Services follow the laws of Delaware. This applies to agreements made and carried out completely within Delaware, without considering any conflicting laws.

Changes and Interruptions

We can change or remove content on our Services anytime without telling you, and we don't have to update any information. We're not responsible if our Services change or stop.

We can't promise our Services will always be available. We might have technical issues or need to do maintenance, causing interruptions or errors. We can change or stop the Services at any time without telling you, and we're not responsible for any problems caused by that.

Last updated: June 14, 2023

Third-Party Websites and Content

Our services might include links to other websites and content from third parties. We don't check or take responsibility for these websites or content. We don't approve or endorse them, and if you decide to visit or use them, you do so at your own risk. Our Legal Terms don't apply there, so read their terms and policies. We're not responsible for any purchases you make from these websites, and you agree that we're not responsible for any problems you have with their products or services. You also agree that we're not responsible for any harm or losses you experience from using these websites or their content.

Apple and Android Devices

When you get the app from the Apple Store or Google Play, these rules apply: (1) you can only use the app on Apple iOS or Android devices; (2) we take care of app maintenance and support, and the App Distributors don't have to; (3) if the app doesn't work as promised, you can tell the App Distributor, who might refund your money, but they don't have to do anything else; (4) you promise you're not in a country the US government doesn't like or on any US government list of bad people; (5) you must follow other agreements when using the app; and (6) you understand the App Distributors can enforce these rules against you.

App Usage License

We give you permission to install and use our app on your devices, but this permission can be taken away. You can only use the app according to the rules in these Legal Terms. You can't: (1) break down the app to see how it works; (2) change or improve the app; (3) break any laws when using the app; (4) remove or hide any ownership labels on the app; (5) use the app to make money or for other unintended purposes; (6) let multiple people or devices use the app at once; (7) use the app to create a similar product or service; (8) use the app to send automatic messages or spam; or (9) use our property to make your own products or services for the app.

Software

We may provide software for use with our Services. If the software comes with an end user license agreement (EULA), you must follow the terms of the EULA. If there is no EULA, you are granted a non-exclusive, personal, and non-transferable license to use the software solely in connection with our Services and in accordance with these Legal Terms.

Please note that the software and any related documentation is provided "AS IS" without any warranty, either express or implied. You accept all risk arising out of your use of the software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.

Cancellation and Refunds

All purchases made through FirePic are final and non-refundable. If you are unsatisfied with our Services, please email us at (email address) to discuss your concerns. While we do not offer refunds, we will consider each request on a case-by-case basis and see if we can offer any resolution. Please note that we reserve the right to deny refunds at any time.

Payments

Payments are processed through Apple Pay and Google Pay. We support the forms of payment supported by those payment platforms.

By making a purchase through FirePic, you agree to provide current, complete, and accurate purchase and account information for all transactions. You also agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in whichever currency Apple or Google charges you in.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees. By placing an order, you authorize us to charge your chosen payment provider for any such amounts. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.

We reserve the right to refuse any order placed through the Services, and we may limit or cancel quantities purchased per person, per household, or per order. We may also limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Consequences of Violation

We reserve the right to terminate your account and use of the app if we determine that you have violated any of these terms of use. We may also take legal action if necessary.

Prohibited Activities

By using FirePic, you agree to use the app only for its intended purpose. You must not use the app to violate any laws or infringe on the rights of others. You must also not use the app to generate photos that are offensive, defamatory, or illegal in any way.

You must not engage in any of the following prohibited activities:

Use the information obtained from our Services to harass, abuse, bully, impersonate, or harm another person
Systematically retrieve data or other content from the Services without written permission from us.
Trick, defraud, or mislead us or other users, especially in an attempt to learn sensitive account information
Circumvent, disable, or otherwise interfere with security-related features of the Services.
Disparage, tarnish, or otherwise harm us or the Services, in our opinion.
Use any information obtained from the Services to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining, robots, or similar tools.
Upload or transmit any material that acts as a passive or active information collection or transmission mechanism.
Interfere with, disrupt, or create an undue burden on the Services or networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services.
Copy or adapt the Services' software, including code.
Use, launch, develop, or distribute any automated system that accesses the Services or use any unauthorized script or other software.
Use a buying or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.
Use the Services to compete with us or for any revenue-generating or commercial enterprise.

Use of AI-Generated Images by Users

Users are permitted to use AI-generated images created through the Service for any legal and moral purpose. This includes personal, non-commercial, and commercial use. However, users must not use these images in any way that is unlawful, harmful, harassing, defamatory, or otherwise objectionable or in violation of intellectual property rights, privacy rights, or any other rights of Senya Media, LLC or any third party.

Users must not claim or imply endorsement by Senya Media, LLC or FirePic for any use of AI-generated images, unless explicitly agreed upon in writing by Senya Media, LLC.

Intellectual Property Rights

User Content

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

Company Content

We reserve the copyright on all AI-generated images created using the service. We may use them in many ways, including unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute these images (including, without limitation, your image) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

User contributions

By submitting images or other information (collectively, "Contributions") to the Services, you agree that such Contributions may be viewable by us and by Astria.ai, which is the third party we use to generate the images.

You have all necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions do not violate the proprietary rights, privacy, publicity rights, or other rights of any third party.
Your Contributions are not false, inaccurate, misleading, or intended to promote violence, harassment, or threats against any individual or group.

Your Contributions do not violate any applicable laws or regulations, including those concerning child pornography or discrimination based on race, gender, sexual orientation, or physical disability. Any use of the Services that violates these Legal Terms or the foregoing restrictions may result in termination or suspension of your rights to use the Services.

Agreement to Our Legal Terms

We are Senya Media, LLC ("Company," "we," "us," "our"), a company registered in Delaware, United States at 651 Broad Street, Suite 201, Middletown, 19709, Delaware .

We operate the website firepic.app (the "Site"), the mobile application FirePic (the "App"), and other related products and services referring or linking to these Legal Terms (collectively, the "Services").

You can contact us by phone at (415) 562-6879‬ , email at admin@firepic.app, or by mail at LegalInc Corporate Services, Inc, 651 Broad Street, Suite 201, Middletown, 19709, Delaware .

These Legal Terms form a binding agreement between you, personally or on behalf of an entity ("you"), and Senya Media LLC, regarding your access and use of the Services. By accessing the Services, you confirm that you have read, understood, and agreed to all of these Legal Terms. IF YOU DISAGREE WITH ANY OF THESE LEGAL TERMS, YOU MUST NOT USE THE SERVICES AND MUST STOP USING THEM IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will update the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each change. It is your responsibility to review these Legal Terms periodically for updates. You will be subject to and deemed to have accepted the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not allowed to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

By using our service, you agree to be bound by these terms.

Managing Services

We have the right, but not the duty, to: (1) check if users follow these Legal Terms; (2) take legal action against anyone who breaks the law or these Legal Terms, including reporting them to the police; (3) decide whether to limit, refuse or disable access to your Contributions; (4) remove or disable content that's too big or causes problems for our systems; and (5) manage our Services to protect our rights and property and make sure the Services work properly.

Duration and Ending

These Legal Terms apply as long as you use our Services. We can, without warning or reason, stop you from using our Services, block IP addresses, or remove content you posted. If we end or suspend your account, you can't create a new one using your name or someone else's. We can also take legal action if needed.