1. Introduction

Welcome to Open Me ("Platform", "we", "us", "our"). By accessing or using our services, you ("User", "you", "your") agree to be bound by these Terms of Service ("Terms"). Please read these Terms carefully before using the Platform.

By accessing or using the Platform, you confirm that you are at least 18 years old and that you have the legal capacity to enter into a binding agreement. If you do not agree with any part of these Terms, you must not use our Platform.

2. Services Description

Open Me provides a platform for users to upload, blur, and monetize images by creating conditional access links. Users can set prices for unblurred versions of their images, which others can pay to access.

3. User Accounts

3.1. To use our services, you must create an account and provide accurate and complete information.

3.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

3.3. You must notify us immediately of any unauthorized use of your account or any other security breach.

3.4. We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

4. Content Policies

4.1. Ownership: You retain ownership of your content, but grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content for the purpose of operating the Platform.

4.2. Responsibility: You are solely responsible for all content you upload, and must ensure that:

• You own or have the rights to share all content you upload
• All content complies with these Terms and applicable laws
• All individuals depicted in your content are at least 18 years old
• You have obtained valid consent from all individuals appearing in your content

4.3. Prohibited Content: You may not upload content that:

• Infringes on intellectual property rights
• Contains non-consensual intimate imagery
• Depicts or implies minors (under 18)
• Contains illegal, harmful, abusive, or violent material
• Promotes hate speech, discrimination, or harassment
• Contains malware, phishing attempts, or harmful code
• Violates any applicable law or regulation

4.4. Monitoring: We do not actively monitor all uploaded content but reserve the right to review and remove any content that violates these Terms.

4.5. Reporting: If you encounter content that violates these Terms, please report it immediately to our support team.

5. Payment and Monetization

5.1. Prices for unlocking content are set by the content creator.

5.2. All payments are processed securely through our payment processors.

5.3. We charge a service fee on each transaction, with details provided in our pricing documentation.

5.4. Creators receive payouts according to our payout schedule, subject to minimum balance requirements.

5.5. All fees and prices are exclusive of applicable taxes, which may be charged additionally.

5.6. Refunds may be issued at our discretion for legitimate claims, but are generally not provided for digital content that has been accessed.

6. Intellectual Property

6.1. Our platform, including all software, design, text, graphics, logos, and other content is owned by or licensed to us and is protected by copyright, trademark, and other intellectual property laws.

6.2. You may not copy, modify, distribute, sell, or lease any part of our Platform without our explicit permission.

6.3. By providing feedback or suggestions about our Platform, you grant us the right to use this feedback without restriction or compensation.

7. Privacy and Data Protection

7.1. Our Privacy Policy, which describes how we collect, use, and share your information, is incorporated into these Terms by reference.

7.2. By using our Platform, you consent to the data practices described in our Privacy Policy.

8. Disclaimer of Warranties

8.1. Our Platform is provided "as is" and "as available" without warranties of any kind, whether express or implied.

8.2. We do not guarantee that our Platform will be uninterrupted, secure, or error-free.

8.3. We are not responsible for the content uploaded by users or for transactions between users.

9. Limitation of Liability

9.1. To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Platform.

9.2. Our total liability for any claims under these Terms shall not exceed the amount you have paid to us in the past six months.

10. Indemnification

You agree to indemnify, defend, and hold harmless Open Me, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Platform, your content, or your violation of these Terms.

11. Termination

11.1. We may terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason, including if you breach these Terms.

11.2. You may terminate your account at any time by following the instructions on the Platform.

11.3. Upon termination, your right to use the Platform will immediately cease, but all provisions of these Terms which by their nature should survive termination shall survive.

12. Governing Law and Dispute Resolution

12.1. These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles.

12.2. Any dispute arising out of or relating to these Terms or the Platform shall be finally settled by binding arbitration, under the rules of [Arbitration Body].

12.3. Any arbitration shall be conducted in the English language and shall take place in [City, Country].

12.4. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13. Changes to Terms

13.1. We may modify these Terms at any time by posting the revised Terms on the Platform.

13.2. Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of the changes.

13.3. We will make reasonable efforts to notify you of significant changes through the Platform or via email.

14. General Provisions

14.1. Entire Agreement: These Terms constitute the entire agreement between you and Open Me regarding the Platform and supersede all prior agreements.

14.2. Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

14.3. Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.4. Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

14.5. Contact: For questions about these Terms, please contact us at [email protected].