Please read these terms and conditions carefully before using Our Service.
Welcome to Totality Corp Pte Ltd (“Company”, “we”, “us” or “our”), Introducing Never, the revolutionary AI-powered photography app that transforms your selfies into hyper-realistic digital images. With just 12-15 of your selfies, Never creates premium, lifelike images using advanced AI, Stable Diffusion, and other cutting-edge VFMs. Experience the future of image creation with Never's seamless convergence of creative technology and digital photography.
From creating Impossible images from the comfort of your home to get professionally composed pictures with perfect framing, lighting, and poses. Say bye-bye to poorly clicked images. Moreso, grow your popularity on social media by creating content at the click of a button and get Professional quality images shoot done / portfolio clicked for any occasion, without the hassles of wardrobe, studio, and photographer. Also, get professional travel pictures at popular travel destinations.
Overall, our mission is to bring mobile photography to the next level by using advanced technologies to help people capture and express their emotions in ways that were previously impossible.
These Terms of Use (these “Terms”) apply to all users and others (“Users”, “you”, as applicable) who download, install, register with, access or use (“Use”, “Using”) our mobile application Never: Photo Editor (“Never” or “application”), website.
By Using Never, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in (Dispute Resolution; Binding Arbitration), do not Use NEVER. Your continued Use of Never will confirm your acceptance of these Terms.
These Terms are a binding contract between you and us. You are accepting and agreeing to these Terms on behalf of yourself or the entity that you represent in connection with the Use of Never. If you are Using Never on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person, or entity’s behalf and that such person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
BY USING THE APPLICATION, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THE TERMS. IN CASE OF USING AI IMAGE GENERATION FEATURE YOU EXPLICITLY CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD (AS APPLICABLE IN YOUR JURISDICTION). If you have any questions about these Terms or Never, please contact us via an email support@never.tech(for additional contact information, please see “How to Contact Us”).
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.
For the purposes of these Terms and Conditions:
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.
Country refers to: Singapore
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Totality Corp Pte Ltd, Singapore.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third party that may be displayed, included, or made available by the Service.
Website refers to https://www.never.tech/
You mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of Never and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use Never.
By accessing or using Never You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access Never. You represent that you are over the age of 18. The Company does not permit those under 18 to use Never. You may refer to the Privacy Policy under the heading Children’s Privacy.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You.
Please refer to our Privacy Policy for information about how we collect, process and transfer information about you when you Use Never. Transfer and storage of information about you, whilst you Use Never, is governed by our Privacy Policy. You acknowledge and agree that your Use of Never is subject to our Privacy Policy.
User Content and Restriction Solely for the purposes of operating or improving NEVER, you grant us a time-limited, revocable, non-exclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable license to use, reproduce, modify, distribute, create derivative works of your User Content, without any additional compensation to you and always subject to your additional explicit consent for such use where required by applicable law and as stated in our Privacy Policy. The Company License is for the limited purpose of operating NEVER and improving our existing and new products, including but not limited to training NEVER’s AI within and solely for your Use of AI image generation feature of the application or if otherwise implied by the Using of NEVER and its services, unless you have provided us your additional explicit consent for the different purpose where required by applicable law. The Company License is time-limited in the sense that it automatically terminates when you delete the User Content from NEVER’s library or by terminating your account with deletion of data associated with it. Moreover, the Company License in relation to User Content you upload to NEVER to generate images is automatically terminated when your AI-generated content is ready.
You acknowledge and agree that our use of your User Content will not result in any injury to you or to any person you authorized to act on your behalf.
You represent and warrant that: (i) you own the User Content edited and adjusted by you on or through NEVER or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of the User Content you intend to edit and adjust on or through NEVER and approve to us that any usage of third-party User Content is otherwise cleared by you with the respective right holder; (iii) in case the User Content depicts third parties, you have received all the necessary consents from them to upload it to NEVER; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction.
You are responsible for the content uploaded by you. It will imply that you have requisite permissions from content owner. You must not upload, edit, create, store or share any User Content that violates these Terms or to which you do not have all the rights necessary to grant us the Company License described aboveYou, furthermore, agree to indemnify, defend and hold NEVER harmless for any unauthorized use of third-party User Content you might commit (both intentionally or unintentionally) in accordance with these Terms.
You acknowledge that NEVER is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertisements and promotions on NEVER or in conjunction with your User Content. The manner, mode and extent of such advertisements and promotions are subject to change without specific notice to you. We will not be liable to you for any modification, suspension or discontinuation of NEVER, or the loss of any User Content, if this loss occurs outside of our control (e.g., due to a security breach). However, we hereby commit to informing you of such security incident in accordance with our Privacy Policy.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any thirdparty web sites or services that You visit.
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions. It is further understood and agreed that in the event of termination of services, any remaining token balance shall not be eligible for encashment.
Upon any termination, discontinuation or cancellation of Never, all provisions of these Terms, which by their nature should survive, will survive, including without limitation, ownership provisions, warranty disclaimers, limitations of liability and dispute resolution provisions. Your right to use the Service will cease immediately
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 SGD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
Certain Never features or functionalities, that we may establish and maintain from time to time and in our sole discretion, may require you to register an account with us (“Account”). By creating an Account, you agree to: (i) provide accurate, current, and complete information for your Account, (ii) maintain and promptly update, as necessary, your Account information, (iii) maintain the security of your Account login information, (iv) be responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent, and (v) immediately notify us if you discover or otherwise suspect any security breaches related to your Account. You are entirely responsible for maintaining the confidentiality, security and control of your Account login information and for all activities that occur in your Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
You may register your Account using a valid account on the app store or marketplace from which you downloaded Never (Apple App Store, Google Play.) (each such account, a “ThirdParty Account”). By using a Third-Party Account to register your Account, you are allowing Never to access your Third-Party Account as permitted under the applicable terms and conditions that govern your and our use of such Third-Party Account.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners and employees (individually and collectively, “Company Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (i) your Use of Never; (ii) your User Content or Feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); and (v) your conduct in connection with Never. You agree to promptly notify the Company Parties of any third party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Company Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Company Parties
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Any dispute between you and the Company that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Singapore and Tokyo, respectively, sitting in Singapore.
Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with the Company and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or the Company seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or the Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and the Company waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or Never resolved in court. Instead, all disputes arising out of or relating to these Terms or Never will be resolved through confidential binding arbitration held in Singapore in accordance with the Singapore International Arbitration Centre (SIAC) Arbitration Rules, The International Chamber of Commerce (ICC) Arbitration Rules and The United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules, which are available on the concerned websites and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of SIAC, ICC, and UNCITRAL or waive your opportunity to read the rules of SIAC, ICC, and UNCITRAL and any claim that the rules of SIAC, ICC and UNCITRAL are unfair or should not apply for any reason.
General rules. You will not violate any applicable contract, intellectual property law, any other applicable law or other third-party rights (including the Company rights) or commit a tort, and you are solely responsible for your conduct while Using NEVER.
You represent, warrant and agree that you will not Use NEVER by uploading the User Content or otherwise (all of the following conduct includes any attempts to perform any of the following):
You may only share the User Content that is non-confidential and you have all necessary rights to disclose. You may not upload, edit, create, store or share any User Content that:
Due to the fact that we use ` Diffusion AI technology in NEVER for creation of the image template, you additionally represent, warrant and agree that you will not Use NEVER feature with Stable Diffusion AI technology and (or) Stable Diffusion AI technology (Copyright (c) 2022 Robin Rombach and Patrick Esser and contributors) in the following ways, which are explicitly prohibited under the Stable Diffusion AI technology license (Attachment A), and, in particular:
You, furthermore, agree to abide by the Stable Diffusion AI technology license, incorporated herein by reference, including its Attachment A.
We have the right to monitor your Use of NEVER to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects NEVER. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the applicable law.
We reserve the right to, in our discretion and at any time, suspend or discontinue NEVER, introduce new features or impose limitations on certain features, or restrict access to NEVER.
NEVER and the text, graphics, images, photographs, videos, audio, music (including but not limited to the Music Content, as defined below), illustrations, trademarks, trade names, page headers, button and application icons, scripts, service marks, logos, slogans, filters, tools, and other content contained therein, excluding your User Content (collectively, “NEVER Content”) (and intellectual property rights in or to the preceding items) are owned by us or licensed to us and are protected under both Singapore and foreign laws. Except as explicitly stated in these Terms, we and our licensors, as applicable, reserve all rights, title and interests (including without limitation all intellectual rights) in and to NEVER and the NEVER Content.
Your use of the NEVER Content shall be always subject to these Terms and, if applicable, additional terms and conditions that we may communicate to you from time to time, such as terms and conditions from our licensors (such additional terms, "Supplemental Terms" ). Such Supplemental Terms are hereby incorporated into these Terms by reference. To the extent of any conflict or inconsistency between these Terms and Supplemental Terms the latter shall govern. You are hereby granted a limited, non-exclusive, non-transferable, nonsublicensable, revocable license to Use NEVER and the NEVER Content for your own personal use (“User License”); however, such User License is subject to these Terms and (if applicable) the Supplemental Terms and does not include any right to: (i) sell, resell or commercially use NEVER or the NEVER Content; (ii) copy, reproduce, distribute, publicly perform or publicly display the NEVER Content, except as expressly permitted by us or our licensors; (iii) modify the NEVER Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of NEVER or the NEVER Content, except as expressly set forth in these Terms and the Supplemental Terms; (iv) use any data mining, robots or similar data gathering or extraction methods; or (v) Use NEVER or the NEVER Content other than as expressly provided in these Terms and the Supplemental Terms. Any Use of NEVER or the NEVER Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms and (if applicable) the Supplemental Terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the NEVER Content.
You represent and warrant that (i) You are not located in a country that is subject to the Singapore government embargo, or that has been designated by the Singapore government as a "terrorist supporting" country, and (ii) You are not listed on any Singapore government list of prohibited or restricted parties.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms and update the “Effective date” above. In case we make substantial changes to the Terms (including the changes which might affect your rights), we will always notify you via in-app consent, email, or any other means of communication we may deem fit. If you do not agree to the amended terms, you must stop Using Never. Your continued Use of Never after we provide the notice will imply your acceptance of those changes.
By Using Never, you also agree to receive electronic communications from us, including via email, push notifications and by posting notices on Never. The communications between you and us may take place via electronic means, whether you Use Never or send us emails, or whether we post notices on Never or communicate with you via email. These communications may include notices about Never and the Purchased Content and are part of your relationship with us. For contractual purposes, you: (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account or the Use of Never(e.g., technical and security notices, updates to the Privacy Policy and Terms), and updates concerning new and existing features (e.g., changes/updates to features of Never and their scope, prices of in-app subscriptions).
You may opt-out of receiving promotional emails from us at any time through any of the following methods:
You may opt-out of push notifications by changing the settings on your mobile device.
The application and artificial intelligence may be subjected to export and re-export control laws and regulations, including the primary legislation governing export controls and economic sanctions in Singapore is the Strategic Goods (Control) Act (SGCA) and its subsidiary legislation, the Strategic Goods (Control) Regulations (SGCR).
You represent and warrant that you are (1) not located in any country or region that is subject to a Singapore government embargo, and (2) are not a denied party as specified in the regulations listed above
You agree to comply with Singapore. and foreign export laws and regulations to ensure that neither the application nor any technical data related thereto nor any direct product or products derived from or based on such technology received from Never under these Terms of Use thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
All sales are final, and no refund will be issued.
All sales are final, and no cancellation is allowed.
At NEVER, we are committed to providing our customers with top-notch services. We want to clarify that all payments made to NEVER are one-time payments and are non-refundable. Once a purchase has been completed, it cannot be canceled or refunded. We take pride in delivering high-quality service to our customers, and we encourage you to reach out to our customer service team at support@never.tech if you have any questions or concerns about our services.
If you have any questions, complaints or claims with respect to these Terms or Never, please contact us via email at https://www.never.tech/ or our mailing address support@never.tech.
These Terms constitute the entire agreement between you and us relating to Never and your Use of Never, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you relating to Never and your Use of Never.
The language of these Terms is the English language only
You hereby irrevocably waive any law applicable to you requiring that these Terms shall be localized to meet your language (as well as any other localization requirements) or requiring a delivery or retention of non-electronic records.
The failure of us to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The waiver of such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If any provision of these Terms is held invalid and unenforceable (either by an arbitrator appointed pursuant to the terms of the Dispute Resolution; Binding Arbitration Section above or by court of competent jurisdiction), that provision will be enforceable to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. The Section titles in these Terms are for convenience only and have no legal or contractual effect.
Except as otherwise provided herein, these Terms are intended solely for the benefit of you and the Company and are not intended to confer third party beneficiary rights upon any other person or entity.
You may not assign or transfer your rights under these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer your rights under these Terms, without such consent, will be null and of no effect. We may freely assign or transfer our rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.