The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Account means a unique account created for You to access NEVER or parts of NEVER.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Totality Corp Pte Ltd, Singapore.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: Singapore
Device means any device that can access NEVER such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to https://www.never.tech/
You means the individual accessing or using the NEVER, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable, and are referred to as “users” or “yours”.
First name and last name
Address, State, Province, ZIP/Postal code, City
Usage Data is collected automatically when using NEVER.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of NEVER that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data
When You access NEVER by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit NEVER or when You access NEVER by or through a mobile device.
When you choose to use the Image Template feature, you provide your gender identification, which is used to retrain the separate copy of the Stable Diffusion model to generate Avatars based on your particular images. It is our contractual obligation to ensure that we provide you with the requested service.
The Company allows You to create an account and log in to use NEVER through the following Third-party Social Media service
The company may at its discretion include other social media platforms for login into NEVER.
If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
The Company may use Personal Data for the following purposes:
To provide and maintain NEVER, including to monitor the usage of NEVER. When you choose to use the Image Templates feature, you provide your gender identification, which is used to retrain the separate copy of the Stable Diffusion model to generate Avatars based on your particular images. It is our contractual obligation to ensure that we provide you with the requested service. This data is deleted immediately after the Avatars are successfully generated.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about NEVER users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve the Company products, services, marketing and your experience.
We may share Your personal information in the following situations:
We do not rent or sell your Personal Data, including images and videos, to any third parties outside the Company or its Affiliates (as defined below).
Parties with whom we may share your Personal Data.
We may share your Personal Data with businesses that are legally part of the same group of companies that we are part of, including our subsidiaries (“Affiliates”). The Affiliates act as our data processors and may perform data processing on our behalf (e.g., providing technical support or conducting analytics). Such Affiliates are bound by appropriate contractual safeguards in place.
Our Affiliates are:
Totality Media Private Limited
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of NEVER, or We are legally obligated to retain this data for longer time periods.
Your original images and your Avatars are stored on our servers to be available to you at any time from any device until you decide to delete them.
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.
The Company may give You the ability to delete certain information about You from within the Service.
You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.
Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.
Subject to the GDPR, you have the right to lodge a complaint with a local data protection authority in the country of your residence, where you work or where an alleged infringement of the applicable data protection law took place.
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
The technologies we use for automatic data collection may include:
We use third-party analytics tools, such as but not limited to www.never.tech to help us measure traffic and usage trends for NEVER. These tools collect information via third-party analytics software development kits incorporated into NEVER, which includes your pseudonymised user ID and the information about NEVER web pages you visit when following the links available to you on NEVER, your actions in NEVER application and basic information about the type of subscription you have. We collect and use this analytics information in an aggregated manner with analytics information from other users so that it cannot reasonably be used to identify any particular user. For information on how third party analytics tools collect and process your data and to opt out of such collection and processing, generated by your Use of NEVER, please contact us at https://www.never.tech/
Data Processing and Utilization
When you upload photos or face data to the Never AI - Image Generator app, we employ advanced technology to identify and analyze various elements within those photos. Specifically, we gather information such as the position, orientation, and topology of your face ('Face Data') as well as other components of the uploaded photos.
Purpose of Data Processing
We process this data to provide you with the features of the Never AI - Image Generator app that you have opted to use. The data is crucial for the optimal performance of the contract between you and us, offering a complete suite of functionalities and services that the app provides.
Data Retention and AI Model Training
Please be aware that we may retain your uploaded data for up to 24 hours for the purpose of training your personalized AI model. Once the AI model is trained, users are given the option to delete both the uploaded photos or face data as well as the trained model.
Types of Information We Collect
Information That You Provide
Face Data and Image Data
Your face data is specifically used in facial recognition features. The uploaded photos are analyzed by our deep learning algorithms. We collect face information either from your device's camera or its gallery and utilize this data to train your personalized AI model.
Data Storage and Security
All collected face data and trained models are stored securely in our AWS cloud storage located in the U.S. region.
We do not share your face data, trained AI models, or any other personal information with third parties.
Upon the successful training of your AI model, you will be given an option to delete the uploaded photos or face data, as well as the trained model from our database.
By using the Never AI - Image Generator app, you voluntarily consent to the provision of your personal information as described above.
NEVER does not address anyone under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 18 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
The Company is incorporated in Singapore. Accordingly, your Personal Data may be transferred to and stored in Singapore or in other countries.
Where required under the EEA GDPR, in case of transfers of personal data from the EEA to countries outside the EEA, where we cannot rely on adequacy decisions adopted by the European Commission we ensure appropriate safeguards are in place to guarantee the continued protection of your personal data, particularly by signing the Standard Contractual Clauses of the European Commission (article 46(2)(c) GDPR).
Where required under the GDPR, in case of transfers of personal data to countries inside the United Kingdom, we ensure appropriate safeguards are in place to guarantee the continued protection of your personal data, particularly by signing the UK Addendum to the EU Standard Contractual Clauses or the UK International Data Transfer Agreement, whichever is more appropriate in the given situation. We may also guarantee the protection of your personal data by relying on adequacy decisions adopted or approved by the authorities in Singapore.
As to the location of our servers, we use servers located in India, United States of America and Singapore.
The Company shall implement appropriate security measures, such as encryption and access controls, to ensure the protection of user data and compliance with relevant laws and regulations. The Company shall also regularly monitor and evaluate the performance and security of the servers and promptly address any issues or concerns.
If the Company determines that a change in server location or cloud provider is necessary or desirable, it shall promptly notify the users of the NEVER and obtain their consent if required by law. The Company shall also provide reasonable advance notice of any scheduled maintenance or downtime that may affect the availability of the NEVER app or analytics operations.
By visiting this page on our website: https://www.never.tech/