This Terms of Service and License Agreement (the “EULA”) is a binding contract between you, an individual user (“you”), and RENDAIR CORPORATION, (“us” or “we”) governing your use of the RENDAIR CORPORATION website Rendair.com (the “Website”). BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE EULA IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THE SERVICE. To have a copy of the EULA and the RENDAIR CORPORATION Privacy Policy (the “Privacy Policy”) sent to you, contact RENDAIR CORPORATION at contact@rendair.com
As provided in greater detail in the EULA (and without limiting the express language of the EULA), you acknowledge the following
Your right to use the Service is a privilege, not a right, and is expressly conditioned on the following:
You agree that RENDAIR CORPORATION may collect and use technical data and related information, including, but not limited to, UDID, contacts, usage data, location and other technical information about your 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 Service, and to anonymously track and report your activity inside of the Service, including for analytics purposes Please see the Privacy Policy for more details regarding the information RENDAIR CORPORATION collects, and how it uses and discloses that information.
The Service, Service Content, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of RENDAIR CORPORATION and its licensors Except for the limited licenses expressly granted to you under the EULA, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under the EULA, either expressly, or by implication, estoppel or otherwise.
We appreciate hearing from our users and welcome your comments regarding the Service Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will:
We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion We reserve the right to refuse to provide the Service to you in the future RENDAIR CORPORATION may review and remove any of Your Content at any time for any reason, including activity which, in its sole judgment: violates the EULA; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users of the Service You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of the EULA and your use of the Service.
The EULA is effective until terminated by you or RENDAIR CORPORATION. Your rights under the EULA will terminate automatically without notice from RENDAIR CORPORATION if you fail to comply with any term(s) of the EULA (including by violating any license restriction provided herein) You may terminate the EULA by deleting any termination of the EULA, you must immediately cease all use of the Service If you are a Winning Designer and terminate your account before you have completely delivered the Design Package, you may not be allowed to use the Service in the future.
“Released Parties” include RENDAIR CORPORATION and its affiliates, officers, employees, agents, partners, and licensors YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging, or resulting from
RENDAIR CORPORATION IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD-PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD- PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Effective Date: March 7, 2024
Welcome to Rendair Corporation’s platform (the “Services”). These Terms of Service (the “Agreement”) outline your rights and obligations regarding the use of the Services. Please read this Agreement carefully.
This Agreement is between Rendair Corporation and the entity or individual using the Services (the "Customer," “You” or “Your”) and governs your access to and use of the Services.
By using the Services, you agree to be bound by this Agreement. If you do not agree to this Agreement, please refrain from using the Services.
Additional documents referenced in this Agreement, such as the Subscription Plans page and Community Guidelines, also apply to your use of the Services.
We continuously enhance the Services for better user experience. The Services, including the style of generated assets and underlying algorithms, may undergo changes without prior notice. We do not guarantee the quality, stability, uptime, or reliability of the Services. Please refrain from building dependencies on any aspect of the Services or generated assets. We are not liable for any harm resulting from your reliance on the Services.
The Services and generated assets are provided on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, whether express or implied. You bear all risks associated with the use of the Services.
Rendair Corporation reserves the right to suspend or terminate your access to the Services at any time and for any reason. You may not use the Services for developing or offering competitive products or services. Reverse engineering, automated access, or redistribution of the Services are prohibited. Each registered account is for single-user access only.
The Services must not be used to infringe upon the intellectual property rights of others. Such actions may lead to penalties, including legal action or permanent banning from the Services.
We reserve the right to investigate and take appropriate action against reported violations of our Terms of Service, including reporting suspected unlawful activities to relevant authorities and disclosing necessary information to such entities.
By accessing the Services, you confirm that you are at least 13 years old and meet the minimum age requirement in your country. If you are below the required age, your parent or guardian must agree to these terms on your behalf.
Parents or legal guardians allowing teenagers to use the Services are also bound by these terms and are responsible for their teenagers’ activities.
While we aim to maintain PG-13 and family-friendly content, the generated assets may vary due to the nature of artificial intelligence. We do not guarantee the suitability of assets for all users.
By using the Services, you may provide us with personal information. Our privacy policy outlines how we handle your data.
Your Rights
You own all assets generated with the Services, subject to certain conditions:
Your ownership is subject to the terms of this Agreement and any third-party rights. Upscaled images of others remain owned by the original creators.
For further details on intellectual property rights, consult legal counsel in your jurisdiction. Your ownership of generated assets persists even if you downgrade or cancel your membership.
These terms govern your use of the Services. If you have any questions or concerns, please contact us.
Notification Procedures
At Rendair Corporation, we respect the intellectual property rights of others. If you believe that material on or linked to our Services infringes your copyright or trademark, please send a notice of claimed infringement to hello@rendaircorp.com with the subject line “Takedown Request.” Include the following details:
Your physical or electronic signature.
Identification of the copyrighted work (or mark) you believe to have been infringed or, if multiple works are involved, a representative list.
Precise identification of the infringing material.
Contact information, including your name, address, telephone number, and email address.
A statement confirming that you have a good faith belief that the use of the material is unauthorized.
A statement, under penalty of perjury, that the information in your notice is accurate.
If the copyright owner’s rights are governed by laws outside the United States, please specify the country.
Alternatively, you may send notices to:
Rendair Corporation
Attn: Takedowns Department
1688 Meridian Ave Suite 700
Miami Beach, FL 33139, United States of America
Upon receipt of a compliant notice, we reserve the right to remove or disable access to the material, notify the accused party, and terminate access to the Services for repeat infringers.
Be aware that knowingly misrepresenting material as infringing may result in liability for damages under Section 512(f) of the DMCA.
Counter-Notification Procedures
If material was removed or access was disabled erroneously, you may file a counter-notification by sending a written notification to our designated copyright agent. Include:
Your physical or electronic signature.
Identification of the removed material and its previous location.
Contact information, including your name, address, telephone number, and email address.
A statement, under penalty of perjury, that you believe the removal was a mistake.
Consent to the jurisdiction of the Federal District Court.
Our designated agent to receive counter-notifications is the same as above.
The DMCA allows restoration of removed content within 10-14 business days unless the complainant initiates court action. Knowingly misrepresenting a counter-notification may result in liability under Section 512(f) of the DMCA.
In case of a dispute arising from these Terms, it will be resolved through binding arbitration. Both parties will make a good-faith attempt to resolve the dispute within 30 days. If unresolved, arbitration will proceed in accordance with the American Arbitration Association’s International Centre for Dispute Resolution Expedited Commercial Rules.
Arbitration will take place in Miami Dade County, Florida, USA. Either party may seek injunctive relief from a competent court while arbitration is pending. The arbitrator may award equitable relief. The arbitral award will be final and binding, enforceable in any competent court.
Each party will bear its own legal and expert fees.
Purchasing an unlimited plan grants reasonable access to our Services. However, we reserve the right to apply rate limiting to maintain quality and prevent disruptions to other users.
We may invoice you through a third-party payment service provider. Their terms govern in case of conflict.
You can cancel your plan at any time. We reserve the right to terminate access for violations, including Community Guidelines breaches. No refunds are provided for current subscriptions. Additional subscription details, including billing, can be found here.
We provide the Service as-is, without making any promises or guarantees.
You acknowledge and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages, regardless of how they arise.
Your use of the Service is at your own risk. We will not be involved in any disputes or liabilities that arise between you and others.
To the extent permitted by law, you agree to indemnify and hold harmless us, our affiliates, and our personnel from any costs, losses, liabilities, and expenses (including attorneys’ fees) arising from third-party claims related to your use of the Services and Assets or any violation of these Terms.
Force Majeure: Neither party will be liable for failure or delay in performance due to circumstances beyond its reasonable control, such as acts of God, natural disasters, terrorism, riots, or war.
No Agency: This Agreement does not establish any agency, partnership, or joint venture between the parties.
Severability: If any part of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions will still be valid and enforceable.
No Third-Party Beneficiaries: This Agreement does not confer any benefits on third parties unless explicitly stated otherwise.
Survival: Provisions of this Agreement that would reasonably be expected to survive termination, including those related to intellectual property and privacy, will remain in effect.
Governing Law: These Terms are governed by the laws of the State of Florida, USA, without regard to conflict of law principles. Any disputes will be subject to the arbitration agreement outlined above.
Introduction
This privacy policy (the “Policy”) applies to Rendair Corporation, including its website rendaircorp.com, rendair.es, rendair.ai and the Rendair image generation platform (the “Services”). Rendair Corporation (“Rendair”) is a technology incubator specializing in communication solutions, offering image generation services to enhance human creativity and foster social connections.
In this Policy, “personal data” refers to any information related to, descriptive of, or potentially identifying an individual, whether directly or indirectly.
Applicability: This Policy applies to personal data collected, used, and disclosed by Rendair, which may include: (i) data gathered through the Services, (ii) data acquired during the training of Rendair machine learning algorithms, (iii) data obtained from Rendair websites, and (iv) data sourced from third-party providers. Third-party sources may include, but are not limited to: public databases, commercial data sources, and the public internet.
Changes: We may periodically update this Policy to reflect changes in legal, regulatory, operational requirements, our practices, and other factors. Please review this Policy regularly for updates. If any changes are unacceptable to you, please discontinue your interaction with us. When required by applicable law, we will notify you of any Policy changes.
Definitions: Throughout this Policy, “You” or “Your” refers to the individual using or accessing the Service, or the company, or other legal entity on whose behalf such individual is using or accessing the Service. “Company” (referred to as “the Company”, “We”, “Us”, or “Our” in this Policy) refers to Rendair Corporation. “Usage Data” refers to data generated automatically through Service use or from the Service infrastructure itself (e.g., page visit duration).
2.1. Types of Data Collected
2.1.1. Personal Data
While utilizing the Services, you may furnish certain personally identifiable information that could facilitate contact or identification. Such personally identifiable information may include, but is not limited to:
Your user name for the Services
Text or image prompts you input into the Services, or public chats you maintain on the service
Your IP address
Usage Data
Tracking Technologies and Cookies
Contact Information
Organizational Information such as your company title
Your Email
Cookies
Other data voluntarily submitted to Rendair
2.2. Use of Your Personal Data
Rendair may utilize Personal Data for the following purposes:
To provide, maintain, and enhance our Service, including monitoring Service usage.
To manage Your account: facilitating Your registration as a Service user. The Personal Data provided grants access to various Service functionalities available to registered users.
For contract performance: developing, complying with, and executing purchase contracts for products, items, or services acquired or contracted through the Service.
To communicate with You: contacting You via email, telephone calls, SMS, or other electronic means, including mobile application push notifications, concerning updates or informative communications related to Service functionalities, products, or contracted services, including necessary or reasonable security updates.
To provide news, special offers, and general information about goods, services, and events similar to those previously purchased or inquired about, unless You opt not to receive such information.
To handle Your requests: addressing and managing Your inquiries.
For business transfers: evaluating or conducting mergers, divestitures, restructurings, reorganizations, dissolutions, sales, or transfers of some or all of Our assets, whether as a going concern or part of bankruptcy, liquidation, or similar proceedings, where Personal Data held about Service users is among the transferred assets.
For other purposes: such as data analysis, identifying usage trends, assessing the efficacy of promotional campaigns, and enhancing Service, products, services, marketing, and user experience.
2.3. Sharing of Your Personal Data
We may share Your personal information under the following circumstances:
With Service Providers, Third-Party Vendors, Consultants, and other Business Partners: sharing personal information with these parties to provide services on our behalf, monitor and analyze service usage, and contact You.
For business transfers: sharing or transferring Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business by another company.
With Your consent: disclosing Your personal information for any other purpose with Your consent.
With Law Enforcement: under specific circumstances, Rendair may be obligated to disclose Your Personal Data as required by law or in response to valid requests by public authorities (e.g., a court or government agency). If we receive a Law Enforcement request for Your personal data, we will promptly notify You and provide You with a copy of the request, unless legally prohibited from doing so.
With Other Parties to:
Comply with a legal obligation
Protect and defend the Company’s rights or property
Prevent or investigate potential wrongdoing in connection with the Service
Safeguard the personal safety of Service users or the public
Protect against legal liability
2.4. Retention of Your Personal Data
Rendair will retain Your Personal Data only for as long as necessary for the purposes outlined in this Privacy Policy. We will retain and utilize Your Personal Data to the extent necessary to fulfill our legal obligations (e.g., retaining data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
We will also retain Usage Data for internal analysis purposes. Usage Data is typically retained for shorter periods, except when utilized to bolster security, enhance Service functionality, or comply with legal retention obligations.
2.5. Transfer of Your Personal Data
Your information, including Personal Data, is processed at Rendair’s operating offices and in other locations where processing parties are situated. This may involve transferring information to — and maintaining it on — computers located outside Your state, province, country, or other governmental jurisdiction, where data protection laws may differ from those in Your jurisdiction.
Your consent to this Privacy Policy, followed by Your submission of such information, signifies Your agreement to such transfers.
Rendair will undertake all reasonably necessary steps to ensure Your data is treated securely and in line with this Privacy Policy, with no transfers of Your Personal Data occurring to an organization or country unless adequate controls, including data and personal information security, are in place.
# | Category | Collected | Disclosed |
---|---|---|---|
1 | Identifiers. Name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers. | YES | YES |
2 | A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. | YES | YES |
3 | Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). | NO | NO |
4 | Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | YES | NO |
5 | Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. | NO | NO |
6 | Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. | NO | NO |
7 | Geolocation data. Physical location or movements. | NO | NO |
8 | Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. | YES (only images you upload to our services) | NO |
9 | Professional or employment-related information. Current or past employment history or performance evaluations. | NO | NO |
10 | Education Information. Information that is not “publicly available personally identifiable information”. Includes education records directly related to a student maintained by an educational institution or party acting on its behalf, like grades, transcripts, class lists and student schedules, identification codes, financial information, or disciplinary records. | NO | NO |
11 | Inferences Conclusions that could be used to create a profile reflecting an individual’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, aptitude. | YES | YES |
2.6. Security of Your Personal Data
While Rendair strives to utilize commercially acceptable means to safeguard Your Personal Data, please remember that no method of transmission over the Internet or electronic storage is entirely secure. We cannot guarantee absolute security for Your Personal Data.
Our Service is not intended for individuals under the age of 13. We do not knowingly collect personally identifiable information from anyone under 13 years of age. If You are a parent or guardian aware that Your child has provided Us with Personal Data, please contact Us. If We become aware of collecting Personal Data from anyone under 13 without parental consent verification, We will take steps to remove such information from Our servers.
If We need to rely on parental consent as a legal basis for processing Your child's information, and Your country mandates such consent, We may request Your parental consent before collecting and using that information.
Rendair Corporation does not trade Your Personal Information, as defined under CCPA. Should we engage in such practices in the future, we will notify you, and you will have the opportunity to opt-out of such transactions.
The CCPA grants individuals whose Personal Information was collected, specific rights concerning their Personal information. Below outlines your rights and how you can exercise them.
Access to Specific Information and Data Portability Rights
You have the right to request that Rendair Corporation disclose certain details about our collection and utilization of your Personal Information over the past twelve (12) months. Once we receive and verify your information access request, we must disclose to you: (i) the categories of Personal Information we collected about you; (ii) the categories of sources for the Personal Information we collected about you; (iii) our business or commercial purpose for collecting or, if applicable, selling that Personal Information; (iv) the categories of third parties with whom we share that Personal Information; (v) the specific data points or pieces of Personal Information we collected about you. If we disclosed for a business purpose or sold your Personal Information, Rendair Corporation must also provide separate lists that: (x) identify the personal information categories that were sold to each category of recipient in connection with sales of your Personal Information; and (y) identify the personal information categories that were provided to each category of recipient in connection with business purposes disclosures of your Personal Information.
Deletion Request Rights
You have the right to request that Rendair Corporation delete any of your Personal Information that we collected from you and/or retained. Unless subject to a certain limited exception, once we receive and confirm your verifiable data deletion request, we will delete (and direct our service providers to delete) your personal information from our records. Rendair Corporation will notify you promptly if it determines it must deny your deletion request.
Do Not Sell Opt-Out Rights
You have the right to opt-out of any sales, as defined by the CCPA, of Personal Information by Rendair Corporation. However, Rendair Corporation does not engage in selling your information.
To exercise your access, data portability, and deletion or do not sell opt-out rights described above, you may submit a verifiable consumer request by any of the following means: By email to hello@rendaircorp.com.
You may only make a verifiable consumer request for access or data portability up to two times within a 12-month period. You may make a verifiable do not sell opt-out request at any time. Any such request must: (i) provide sufficient information that allows Us to reasonably verify that you are the person about whom we collected personal information or an authorized representative thereof; and (ii) describe your request with sufficient detail such that we may understand, evaluate, and respond to it. Rendair Corporation cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with Rendair Corporation. Rendair Corporation will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.
Response Timing and Format
We aim to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you in writing of the extension period and the reason for it. Rendair Corporation will deliver any required or requested responses or other communications in writing to you by email. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. If applicable, the response we provide will also explain any reasons we cannot comply with a request. For data portability requests, Rendair Corporation will provide your personal information in a format that is readily usable and transferable. Rendair Corporation does not charge a fee to process or respond to your verifiable consumer request unless such requests become excessive, repetitive, or manifestly unfounded or as otherwise permitted by the CCPA. If we determine that a request warrants charging a fee, we will notify you and provide you with a cost estimate before completing your request.
If you have any questions about this Policy, or would otherwise like to exercise your rights under this Policy or applicable law, you can contact us at hello@rendaircorp.com.