Girlfriend Mode

1. Eligibility

1.1. Girlfriend Mode is intended for personal use by individuals aged 18 years or older.

1.2. By creating an account, you represent and warrant that:

(a) you are at least 18 years of age;
(b) you have the legal right and capacity to enter into this agreement;
(c) you are accessing the service from a location where such use is lawful;
(d) you are not prohibited from using the service under any applicable law.

1.3. We reserve the right to verify your age and identity at any time. Failure to provide verification may result in account suspension or termination.

1.4. Business or commercial use requires prior written approval from Hyper Modality Pty Ltd.

2. Responsibility for Uploaded Content

2.1. You must only upload content that you own or have full legal rights to upload.

2.2. You must not upload content that includes:

any minor under 18
any identifiable person without their clear, informed, and documented consent
any celebrity, public figure, influencer, or recognizable person without express written permission
any image you do not own or have explicit rights to use
any image that infringes copyright, trademark, privacy rights, or personality rights
any image sourced from the internet without proper authorization

2.2A. Biometric Data and Facial Recognition

(a) By uploading images containing human faces, you expressly consent to the processing of facial features and characteristics using artificial intelligence and machine learning technologies (biometric data processing).
(b) You confirm that all individuals whose faces appear in uploaded images have provided informed consent to such biometric processing.
(c) Biometric templates derived from uploaded images will be retained only for the duration necessary to provide the service, and deleted within 90 days of account closure unless required by law.

2.3. Any breach of this section may result in immediate account suspension, content removal, and reporting to authorities if required.

2.4. You accept full responsibility for all media you upload and all AI-generated content you create or share.

2.5. You acknowledge that:

(a) "Clear and informed consent" means the individual has been told their image will be processed by AI, transformed, and potentially shared via the platform;
(b) Verbal consent is insufficient - you should maintain written records of consent;
(c) Consent must be ongoing and can be withdrawn at any time, requiring immediate removal of the relevant content.

3. Use of AI-Generated Output

3.1. AI-generated content may be used for:

(a) personal entertainment and private sharing with friends and family;
(b) non-commercial creative projects, portfolios, or personal expression;
(c) educational, research, or commentary purposes (with appropriate disclosure);
(d) any other use that does not violate these Terms or applicable law.

3.2. You must not:

use output commercially
sell or license output
portray output as real people in harmful situations
use output to deceive, impersonate, mislead, catfish, or commit fraud
use output in advertising, political messaging, or public media
use output in violation of any law

3.3. Disclosure Requirements

(a) When sharing AI-generated content publicly or semi-publicly, you should clearly indicate that the content is AI-generated and not a real person.
(b) You must not use AI output in any context where failure to disclose its artificial nature would be deceptive, misleading, or harmful.
(c) You must not present AI output as evidence, documentation, or proof of real events.

3.4. License Grant

(a) You retain all ownership rights to your original uploaded content.
(b) You grant Hyper Modality Pty Ltd a limited, non-exclusive, worldwide, royalty-free license to:
- store, process, and transform your uploaded content;
- generate AI output based on your uploads;
- display your generated content to you and those you authorize;
- use anonymized, non-identifiable derivatives for platform improvement and AI training;
- review content for safety, compliance, and quality assurance purposes.
(c) This license terminates when you delete the content or close your account, except for:
- cached copies in backup systems (deleted within 90 days);
- anonymized data used for AI training (permanently anonymized);
- content we are legally required to retain.
(d) We do not claim ownership of your original uploads or generated output.

4. AI Limitations, Disclaimers, and Technical Warnings

4.1. Nature of AI Technology

AI-generated content is created using machine learning models that:

(a) may produce unpredictable, inaccurate, distorted, or unrealistic results;
(b) may generate content resembling real individuals entirely by coincidence;
(c) cannot guarantee consistency between generations;
(d) may contain artifacts, distortions, or unintended features;
(e) should not be relied upon for any purpose requiring accuracy or authenticity.

4.2. No Guarantees

We provide no warranties, express or implied, regarding:

(a) the quality, accuracy, or realism of AI output;
(b) the resemblance or non-resemblance to any specific individual;
(c) the suitability of output for any particular purpose;
(d) the availability or uptime of the service;
(e) the security or permanence of stored content.

4.3. Third-Party AI Services

(a) The service may utilize third-party AI models and infrastructure providers.
(b) We are not responsible for limitations, errors, or failures of third-party AI systems.
(c) Third-party AI providers may have their own terms and privacy policies.

4.4. User Responsibility

You accept full responsibility for:

(a) evaluating the suitability of AI output for your intended use;
(b) any consequences arising from your use, sharing, or distribution of AI content;
(c) any harm, confusion, or misunderstanding caused to others;
(d) verifying that your use complies with all applicable laws.

4.5. Experimental Technology Warning

AI image generation is an evolving technology. Results may vary significantly, and the service may be updated, modified, or discontinued at any time without notice.

5. Forbidden Content and Conduct

You must not upload, create, generate, or share content involving:

• minors in any capacity
• nudity or sexual content
• violence, threats, or intimidation
• harassment or bullying
• defamation
• impersonation
• hate speech or discrimination
• political content
• extremist content
• illegal activity
• harmful pranks
• deception or fraud

• criminal use
• celebrities or public figures
• non-consensual intimate images
• sextortion, blackmail, or coercive imagery
• election interference
• financial fraud or scams
• synthetic identity documents
• content violating court orders
• deepfakes used to harm reputation
• content designed to evade moderation
• violations of Online Safety Act 2021
• any material that may harm another person

5.2. Criminal Conduct Warning

Creating, distributing, or threatening to distribute non-consensual intimate images or deepfakes of identifiable individuals without their permission is a criminal offence in Australia and many other jurisdictions, carrying penalties including imprisonment. We cooperate fully with law enforcement investigations.

5.3. We may restrict, delete, or block content or users at our full discretion.

6. Indemnity

6.1. You agree to indemnify, defend, and hold harmless Hyper Modality Pty Ltd, its directors, officers, employees, contractors, and agents from and against any and all:

(a) claims, demands, actions, or proceedings;
(b) losses, liabilities, damages, costs, and expenses (including reasonable legal fees);

arising from or related to:

(i) your uploads, generated content, or shared materials;
(ii) your breach of these Terms or any applicable law;
(iii) your violation of any third-party rights (including intellectual property, privacy, or personality rights);
(iv) harm, confusion, or damage caused to others by your content or conduct;
(v) any misrepresentation or false warranty you have made;
(vi) your use of the service in any unlawful, harmful, or prohibited manner.

6.2. This indemnity does not apply to the extent that any claim arises from:

(a) our gross negligence or willful misconduct;
(b) our breach of these Terms;
(c) defects in the platform that we knew about but failed to disclose.

6.3. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

6.4. This indemnity survives termination of your account and these Terms.

6.5. Nothing in this clause limits or excludes any liability that cannot be limited or excluded under the Australian Consumer Law.

7. Limitation of Liability

7.1. Consumer Law Rights

(a) Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted, or modified.
(b) Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your subscription and receive a refund for the unused portion, or to compensation for the reduction in value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

7.2. Limitation of Liability (To the Extent Permitted by Law)

To the maximum extent permitted by law:

(a) Our total aggregate liability to you for any claims arising from or related to these Terms or your use of Girlfriend Mode shall not exceed the lesser of:
- (i) the total fees you have paid to us in the 12 months preceding the claim; or
- (ii) AUD $1,000.
(b) We are not liable for any:
- indirect, incidental, special, consequential, or exemplary damages;
- loss of profits, revenue, business opportunities, or goodwill;
- loss of data or content (unless caused by our gross negligence);
- emotional distress, reputational harm, or relationship damage;
- harm caused by your content to third parties;
- harm caused by your misuse of AI output;
- service interruptions, technical failures, or data loss;
- actions or omissions of third-party service providers.

7.3. Exclusions from Limitation

These limitations do not apply to:

(a) liability for death or personal injury caused by our negligence;
(b) liability for fraud or fraudulent misrepresentation;
(c) any other liability that cannot be limited under Australian law.

8. Refund and Cancellation Policy

8.1. General Policy: All purchases are final and non-refundable, except as required by law or specified below.

8.2. Australian Consumer Law

Under the Australian Consumer Law, you may be entitled to a refund if:

(a) the service has a major failure (e.g., service is substantially unusable);
(b) we engaged in misleading or deceptive conduct;
(c) we failed to meet a consumer guarantee that cannot be remedied.

For major failures, you are entitled to:

• cancel your subscription and receive a refund for the unused portion; or
• keep your subscription and receive compensation for the reduction in value.

8.3. Non-Refundable Circumstances

You are NOT entitled to a refund merely because:

(a) you are dissatisfied with AI output quality or realism;
(b) AI-generated content does not meet your expectations;
(c) you change your mind after purchase;
(d) you did not use the service or generated credits;
(e) your account was terminated for Terms violations;
(f) you experience minor technical issues that do not constitute a major failure.

8.4. How to Request a Refund

If you believe you are entitled to a refund under Australian Consumer Law:

(a) contact support@grbrnd.co with details of the issue;
(b) provide evidence of the major failure or misleading conduct;
(c) allow us 14 business days to investigate and respond.

9. Enforcement Rights

9.1. We may, without notice:

suspend or terminate accounts
remove content
block access
disable sharing links
restrict features
refuse service
report unlawful activity
temporarily restrict features during investigation
require identity verification before restoration
share information with other platforms to prevent ban evasion
retain content as evidence during investigations

9.2. Cooperation with Authorities

We cooperate fully with:

(a) law enforcement investigations;
(b) eSafety Commissioner enquiries;
(c) court orders and subpoenas;
(d) Australian Communications and Media Authority (ACMA) requests;
(e) international mutual legal assistance requests.

We may disclose user information, content, and account activity without notice where required or permitted by law.

10. Shared Pages and Viral Links

10.1. When you share output or a Girlfriend Mode link, you take full responsibility for:

who views it
where it spreads
how others interpret it
the consequences of distribution

10.2. Hyper Modality Pty Ltd is not liable for harm arising from shared content, including deception, confusion, relationship disputes, social consequences, emotional impact, or reputational damage.

10.4. Technical Limitations

(a) Shared pages may be accessed by anyone with the link (treat as public).
(b) We cannot prevent links from being forwarded, screenshotted, or archived.
(c) Shared pages may be cached by search engines or web archives.
(d) Once shared, you cannot control redistribution or derivative use by others.

11. Payments and Billing

11.1. Payment Processing

Payments are processed by third-party payment service providers including Stripe, Apple In-App Purchases, Google Play Billing, and PayPal.

11.3. Subscriptions and Auto-Renewal

(a) Some features require a subscription with automatic renewal.
(b) Unless you cancel before the renewal date, your subscription will automatically renew and you will be charged.
(c) You may cancel auto-renewal at any time through your account settings or the platform's subscription management system.
(d) Cancellation takes effect at the end of the current billing period.

11.6. Disputes and Chargebacks

(a) Contact us first to resolve any payment disputes: support@grbrnd.co
(b) Filing a chargeback without prior contact may result in immediate account termination.
(c) We reserve the right to dispute illegitimate chargebacks.
(d) You may be liable for chargeback fees if your claim is found to be without merit.

12. Data Security, Storage, and Retention

12.2. Data Retention Periods

We retain data for the following periods:

(a) Uploaded images: Until you delete them or close your account
(b) Generated AI content: Until you delete it or close your account
(c) Account information: While your account is active, plus 90 days after closure
(d) Biometric templates: Deleted within 90 days of content deletion or account closure
(e) Payment records: 7 years
(f) Safety/abuse reports: Up to 7 years
(g) Anonymized analytics: Indefinitely
(h) Backup systems: Up to 90 days after primary deletion

12.7. Data Loss Disclaimer

You acknowledge and agree that Girlfriend Mode is not a permanent storage service and does not guarantee the preservation, retention, or availability of any uploaded content, generated output, shared pages, or account data.

You are solely responsible for backing up any content you wish to keep.

13. Governing Law and Dispute Resolution

13.1. Governing Law: These Terms are governed by the laws of Queensland, Australia.

13.2. Jurisdiction

(a) For users located in Australia: Disputes may be brought in the courts of Queensland, the Federal Court of Australia, or courts of your state or territory as permitted by law.
(b) For users located outside Australia: Disputes may be brought in the courts of Queensland or in your local jurisdiction where required by law.

13.3. Dispute Resolution Process

Before commencing legal proceedings, you agree to:

(a) notify us in writing at support@grbrnd.co;
(b) allow 30 days for informal resolution;
(c) participate in good faith negotiations.

14. Amendments and Updates to These Terms

14.1. We may modify or replace these Terms at any time.

14.2. Material changes will be notified by:

(a) email;
(b) website notice;
(c) in-app notice.

14.3. Continued use after changes take effect constitutes acceptance.

15. General Provisions

15.1. These Terms, the Privacy Policy, and the Content and Upload Policy constitute the entire agreement.

15.2. If any part of these Terms is invalid, remaining sections remain in effect.

15.3. Failure to enforce any right is not a waiver.

15.4. You may not assign your account without consent; we may assign at any time.

15.5. Contact: support@grbrnd.co

Contact Information

Email: support@grbrnd.co

Company: Hyper Modality Pty Ltd (ACN 693103758)

Address: PO BOX 5012 Gold Coast MC QLD 9726

Terms of Trade