Terms Of Use

Version update date:
[ 25th MAY 2025 ]
Version effective date:
[ 25th MAY 2025 ]

Welcome to the Omoda & Jaecoo AI Photo Application (the "App") and Website (the "Website"). These Terms of Use (the “Terms”) govern your access to and use of the App, the Website, and the services provided through them (collectively, the “Services”), provided by Omoda & Jaecoo UK Limited (“Omoda & Jaecoo”, “we”, “us”, or “our”).

1. Acceptance of Terms

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy (AI App). If you use the Services on behalf of a business or entity, you represent and warrant that you have authority to bind that entity, and “you” will refer to both you individually and that entity.

2. Description of the Services

Omoda & Jaecoo provides a web-based platform that allows registered dealers to capture, upload, manage, and optimize images of used vehicles, along with associated vehicle details (such as price, mileage, and age). The App facilitates image capture and enhancement using artificial intelligence (AI), and the Website serves as the management portal for the uploaded content.

The Services are provided on a temporary, non-exclusive, and revocable basis.

To access and use the Services, you must create an account. You are responsible for:

Maintaining the confidentiality of your login credentials.

All activity conducted under your account.

Ensuring no one else accesses the Services using your credentials.

You must promptly notify us of any unauthorized access or suspected security breach.

Where applicable, send you marketing communications (subject to your preferences).

4. License to Use the Services

Subject to compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Services for your internal business purposes.

You must not:

Use the Services in any unlawful or unauthorized manner;

Interfere with, disrupt, or attempt to gain unauthorized access to the App, Website, or their related systems;

Upload false, misleading, or unlawful content.

5. Image and Content Ownership

You retain ownership of all content and images (“User Content”) you upload via the Services.

By uploading User Content, you represent and warrant that:

You own or have secured all necessary rights to upload and use the content.

The content does not infringe any third-party rights or violate any applicable laws.

You grant Omoda & Jaecoo a worldwide, royalty-free, sublicensable license to host, store, process, reproduce, and display your User Content solely to operate and improve the Services. Where you use shared features, this license will extend to enable continued access and use by other permitted users.

We do not claim ownership of your User Content.

6. AI Image Processing

The App uses third-party AI technology to enhance uploaded images. You acknowledge:

AI-generated outputs may not be accurate or reliable.

We make no warranties as to the accuracy, completeness, or fitness for purpose of the AI output.

We accept no liability for any loss arising from reliance on such outputs.

7. Data Privacy and Third-Party Processing

To enable AI functionality, your uploaded content (including any personal data you choose to include) may be shared with third-party providers, including Diffusely Austria GmbH (trading as CarCutter).

Consent to such data transfers.

Acknowledge your responsibility for content uploaded, including personal data.

Our use of personal information is governed by our Privacy Policy (AI App), which forms part of these Terms.

8. Intellectual Property

We (or our licensors) retain all rights, title, and interest in the App, Website, and all underlying technology, including Software, design, and user interface elements; Algorithms, processes, and AI models; Logos, graphics, and proprietary content.

Except for rights expressly granted, no license or transfer of intellectual property is made.

You must not copy, modify, distribute, or create derivative works from the Services without our prior written consent.

You remain the sole owner of your User Content, but you grant us a royalty-free, worldwide, sublicensable, irrevocable license to use it as required to:

Provide and improve the Services;

Support machine learning and AI development;

Maintain security and functionality.

You represent and warrant that:

You hold all necessary rights in the content you upload;

Your content is free from any third-party claims that would restrict our use under these Terms.

9. Disclaimer of Warranties

The Services are provided on an “as is” and “as available” basis without warranties of any kind, express or implied. We disclaim all warranties, including:

Fitness for a particular purpose;

Non-infringement;

Accuracy, reliability, or availability of the Services or AI-generated content.

10. Limitation of Liability

To the maximum extent permitted by law, Omoda & Jaecoo will not be liable for:

Any indirect, incidental, special, or consequential damages;

Loss of profits, business, or data;

Errors or inaccuracies in AI-generated content;

Any claim exceeding the amount paid (if any) for using the Services during the twelve months prior to the event giving rise to liability.

11. Indemnification

You agree to indemnify, defend, and hold harmless Omoda & Jaecoo from any claims, damages, losses, or expenses (including legal fees) arising from:

Your use of the Services;

Your violation of these Terms;

Any claim that your User Content infringes third-party rights or violates laws.

12. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if:

You breach these Terms;

Required by law or regulatory authority;

We cease providing the Services.

Upon termination, your rights to use the Services will cease immediately.

13. Modifications to These Terms

We may revise these Terms from time to time. Material changes will be communicated through the App, Website, or email. Continued use of the Services after such changes constitutes your acceptance of the updated Terms.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

You agree that any disputes arising out of or in connection with these Terms, the App, or the Website shall be subject to the exclusive jurisdiction of the courts of England and Wales.