Last Updated: November 8th, 2025
Welcome to ICAM.DIGITAL, a SaaS Platform created and owned and operated by M/S SIGMA (“ICAM.DIGITAL,” “we,” or “us”). Please read these universal terms and conditions carefully as it contains important information regarding your legal rights and remedies in connection with services and products used, subscribed and or purchased from our web application accessible from www.icam.digital if you do not want your information processed in accordance with this Universal Terms and Conditions in general or any part of it, you should not use our Service.
M/S SIGMA is a proprietary AI Startup located in Kolkata, State of West Bengal, India, PIN : 700096 registered with the Kolkata Municipal Authority, Indian Ministry of MSME, with Banking Partner as SBI and Payment Gateway Partner with Paypal, Razorpay and Phonepe, which owns and operates the web application accessible at WWW.ICAM.DIGITAL and the associated Mobile App as well, along with all payment gateways activated herein where payment received from users will bear the name M/S SIGMA in their account statement from the respective payment gateway.
These Terms of Service (“Terms”, “Terms of Service”) govern your use of the website ICAM.DIGITAL and associated websites and mobile application(s), including but not limited to the web application embedded within ICAM.DIGITAL distributed by us on any mobile platform, together or individually “Service”) operated by M/S SIGMA based out of Kolkata, West Bengal, India.
Any legal dispute between you and the WWW.ICAMDIGITAL (M/S SIGMA) escalating into legal hearing will take place in the jurisdiction of Kolkata High Court, City of Kolkata, State of West Bengal, India and not the state of your billing address unless we agree otherwise.
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ICAM.DIGITAL’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND ICAM.DIGITAL’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY ARAGON AND BY YOU TO BE BOUND BY THESE TERMS.
Overview
ICAM.DIGITAL is a SaaS Platform focused on generating photorealistic artificial intelligence ( “AI”) based images and videos. As part of the Service, ICAM.DIGITAL uses a suite of 3rd party AI tools to generate AI headshot images for users (AI Headshots), Photography and Hyperreal Videos.
Photobooth : AI Headshot
Users will upload various self-images to the Service which the AI Headshot Generator Mechanism will use to produce the AI Headshots, which users can use for their own purposes. Users have access to a library of different backgrounds, poses, and styles to choose from for the perfect photograph.
Visual Studio : Product Photography
Users can also modify product visuals with customized backgrounds for commercial usage.
Story4K
Users can create realistic videos by writing appropriate text input as prompts and get video output in multiple formats as per their choice.
Eligibility
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
Accounts and Registration
To access most features of the Service, you can connect to the Service through a third-party account (e.g., Facebook or Google or Linkedin) (each, a “Third-Party Account”). When you connect a Third-Party Account to the Service, you are submitting to ICAM.DIGITAL your login credentials for such Third-Party Account ( “Third-Party Account Credentials”). By providing ICAM.DIGITAL with your Third-Party Account Credentials, you are authorizing ICAM.DIGITAL to act on your behalf to retrieve information from the applicable Third-Party Account for purposes of providing the Service under these Terms. You are responsible for ensuring that your Third-Party Account Credentials have been shared in accordance with the terms of your agreement with the applicable Third-Party Account provider. Third-Party Accounts are not under ICAM.DIGITAL’s control and ICAM.DIGITAL is not responsible for any actions taken by third parties in connection with your sharing of Third-Party Account Credentials.
General Payment Terms
Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and or Indian Rupees as per the plan and associated payment gateway and are non-refundable, except as required by law.
Price:
DIGITAL reserves the right to determine pricing for the Service. ICAM.DIGITAL will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. ICAM.DIGITAL may change the fees for any feature of the Service, including additional fees or charges, if ICAM.DIGITAL gives you advance notice of changes before they apply. ICAM.DIGITAL, at its sole discretion, may make promotional offers with different features and different pricing to any of ICAM.DIGITAL’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
Authorization:
You authorize ICAM.DIGITAL to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by ICAM.DIGITAL, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then ICAM.DIGITAL may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
One Time Purchase:
The Service may include certain one time purchase based plans which may offer a bulk amount of AI Token Mix (credits) which can be used either for selected or for all AI Engines embedded in the backend of ICAM.DIGITAL with one time purchase where end user card data is not stored and no recurring auto debit payment required, user can use the token balance(credits) to create content as long as the Token Balance(credits) lasts in the account in accordance to the prompt input by the user. Once the tokens are consumed as per usage, a new purchase of bulk token package will be required which again can be used with the AI Engines therefore no recurring cost is required by the user.
Subscription:
The Service may include certain subscription-based plans with automatically recurring payments for periodic charges ( “Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select at checkout (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize ICAM.DIGITAL or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. For information on the “Subscription Fee”, please see our pricing page. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic Subscription Fee to your account. ICAM.DIGITAL or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service by contacting us and YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.
Delinquent Accounts
We may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time any fee is due, then we reserve the right to delete your account and any information or User Content (defined below) associated with your account without any liability to you.
Licenses
The license to use service provided by WWW.ICAM.DIGITAL as required by law alongside adhering to best industry practice are described which needs to be agreed and incompliance by the user at all times for using the services.
i) Limited License.
Subject to your complete and ongoing compliance with these Terms, WWW.ICAM.DIGITAL grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.
ii) Photobooth : AI Headshots
The AI Headshot Generator will use your User Content (as defined below) to generate the AI Headshots. Subject your compliance with these Terms, WWW.ICAM.DIGITAL hereby assigns to you all of its rights, title, and interest (if any) in and to the AI Headshots resulting from your use of the Service and WWW.ICAM.DIGITAL‘s use of your User Content in connection with the AI Headshot Generator. The AI Headshot Generator may provide the same or similar AI Headshots to other users, and WWW.ICAM.DIGITAL‘s assignment to you in the preceding sentence does not apply to the AI Headshots resulting from other users’ use of the Service. You agree that we may use AI Headshots to (a) provide, maintain, develop, protect and improve the Service or our other products and services, (b) comply with applicable law, and (c) enforce these Terms and any including but not limited to Additional Terms (d) We may at our sole discretion update the existing terms of use and or include more terms as per requirement by the law or industry trends and case studies.
You are solely responsible for your use of any AI Headshots.iii) Dreambooth : Product Photography
The Dreambooth : Product Photography Generator System will use your User Content (as defined below) to generate the imaginative photorealistic images of products, cartoon based images of kids faces, illustrative book cover and other types of similar visuals. Subject your compliance with these Terms, WWW.ICAM.DIGITAL hereby assigns to you all of its rights, title, and interest (if any) in and to the Dreambooth : Product Photography Generator System resulting from your use of the Service and WWW.ICAM.DIGITAL‘s use of your User Content in connection with the Dreambooth : Product Photography Generator System. The Dreambooth : Product Photography Generator System may provide the same or similar AI generated visuals to other users, and WWW.ICAM.DIGITAL‘s assignment to you in the preceding sentence does not apply to the Dreambooth : Product Photography Generator System resulting from other users’ use of the Service. You agree that we may use Dreambooth : Product Photography Generator System to (a) provide, maintain, develop, protect and improve the Service or our other products and services, (b) comply with applicable law, and (c) enforce these Terms and any including but not limited to Additional Terms (d) We may at our sole discretion update the existing terms of use and or include more terms as per requirement by the law or industry trends and case studies.
You are solely responsible for your use of any Dreambooth : Product Photography Generator System.iv) Story4K : Hyperreal Video
Story4K : Hyperreal Video Generator System will use your User Content (as defined below) to generate the imaginative photorealistic videos based on user input including but not limited to text prompts. Subject your compliance with these Terms, WWW.ICAM.DIGITAL hereby assigns to you all of its rights, title, and interest (if any) in and to the Story4K : Hyperreal Video Generator System resulting from your use of the Service and WWW.ICAM.DIGITAL‘s use of your User Content in connection with the Story4K : Hyperreal Video Generator System. The Story4K : Hyperreal Video Generator System may provide the same or similar AI generated videos to other users, and WWW.ICAM.DIGITAL‘s assignment to you in the preceding sentence does not apply to the Story4K : Hyperreal Video Generator System resulting from other users’ use of the Service. You agree that we may use Story4K : Hyperreal Video Generator System to (a) provide, maintain, develop, protect and improve the Service or our other products and services, (b) comply with applicable law, and (c) enforce these Terms and any including but not limited to Additional Terms (d) We may at our sole discretion update the existing terms of use and or include more terms as per requirement by the law or industry trends and case studies.
You are solely responsible for your use of any Story4K : Hyperreal Video Generator System.v) License Restrictions
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
vi) Feedback
We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”) then you hereby grant WWW.ICAM.DIGITAL an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
Ownership; Proprietary Rights
The Service is owned and operated by WWW.ICAM.DIGITAL. The AI based system to produce the Services including AI Headshot,Dreambooth : Product Photography, Story4k : Hyperreal Video Generator System, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by WWW.ICAM.DIGITAL (“Materials”) are protected by intellectual property and other laws. For clarity, Materials excludes AI Content resulting from your use of the Service, which, as between you and WWW.ICAM.DIGITAL, are owned by you. All Materials included in the Service are the property of WWW.ICAM.DIGITAL or its third-party licensors. Except as expressly authorized by WWW.ICAM.DIGITAL, you may not make use of the Materials. There are no implied licenses in these Terms and WWW.ICAM.DIGITAL reserves all rights to the Materials not granted expressly in these Terms.
Third Party Terms
WWW.ICAM.DIGITAL web application is a brand of the parent company M/S SIGMA. This web application WWW.ICAM.DIGITAL may act as an aggregator of various services offered by 3rd Party independent organizations by embedding their API(Application Programming Interface) or with White Label Reseller License Agreement with WWW.ICAM.DIGITAL(M/S SIGMA).
i) Third Party Services and Linked Websites
WWW.ICAM.DIGITAL may provide tools through the Service that enable you to export information, including User Content, to third-party services, including through features that allow you to link your account on the Service with an account on the third-party service, such as Twitter or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you hereby authorize that WWW.ICAM.DIGITAL to transfer that information to the applicable third-party service. Third-party services are not under WWW.ICAM.DIGITAL‘s control, and, to the fullest extent permitted by law, WWW.ICAM.DIGITAL is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under WWW.ICAM.DIGITAL‘s control, and WWW.ICAM.DIGITAL is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, WWW.ICAM.DIGITAL will have no control over the information that has been shared.
ii) Third Party Software.
The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
iii) Third Party API.
The Service may include or incorporate third-party API(Application Programming Interface) that are embedded within the scope of Services provided by WWW.ICAM.DIGITAL generally available for charge under licenses granting recipients broad rights to use those components for providing service to the user, for which the service provider may independently charge the user for using the service that includes embedded 3rd party components.
iv) Service as Aggregator.
The Service may include or incorporate third-party API(Application Programming Interface) that are embedded within the scope of Services provided by WWW.ICAM.DIGITAL acting as an aggregator for the users offering a unified service bouquet under the brand name of WWW.ICAM.DIGITAL and charge users independently .
User Content
WWW.ICAM.DIGITAL web application is a brand of the parent company M/S SIGMA wherein user content generally refers to content including but not limited to photographs, text, video and other media uploaded to the service by the user.
i) User Content Generally.
Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Service, including but not limited to messages, reviews, photos, images, folders, data, text, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.
ii) Limited License Grant to WWW.ICAM.DIGITAL.
By Posting User Content to or via the Service, you grant WWW.ICAM.DIGITAL a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. If you Upload User Content to the Service, you hereby grant WWW.ICAM.DIGITAL the right to use the data, content, and information derived from the User Content, including AI-generated photographs and videos, uploaded or generated by the Service, for the purpose of providing and improving the Service and displaying the AI-generated photographs and video on the Service’s website, profiles, galleries, or any other promotional medium. However, WWW.ICAM.DIGITAL will not use any AI-generated photographs uploaded by you to the Service for training its algorithms or for any generative artificial intelligence purposes unless we receive your prior written consent for such uses. You agree that WWW.ICAM.DIGITAL may aggregate your data with the data of other WWW.ICAM.DIGITAL users for purposes related to providing and improving the Service. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Service. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from WWW.ICAM.DIGITAL ‘’s exercise of the license set forth in this Section.
iii) Specific Rules for Photographs, Video and other Media.
If you Post a photograph or video to the Service that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including the Service, Facebook, Instagram, and Twitter, but not to promote any third-party product, good, or service. The license contained in this Section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product.
iv) Intellectual Copyright to User Content.
You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. Aragon disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:
A) You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize us and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Aragon, the Service, and these Terms;
B ) Your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause us to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
C) Your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
User Content Disclaimer
We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. We may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against WWW.ICAM.DIGITAL with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, WWW.ICAM.DIGITAL does not permit infringing activities on the Service.
Monitoring Content
WWW.ICAM.DIGITAL does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that WWW.ICAM.DIGITAL reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time WWW.ICAM.DIGITAL chooses to monitor the content, then WWW.ICAM.DIGITAL still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. WWW.ICAM.DIGITAL may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Service without any liability to the user who Posted such User Content to the Service or to any other users of the Service.
Prohibited Conduct
BY USING THE SERVICE, YOU AGREE NOT TO:
A) Use the Service for any illegal purpose or in violation of any local, state, national, or international law;
B) Harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;
C) Violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
D) access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by WWW.ICAM.DIGITAL ;
E) Interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
F) Interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
G) Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth;
H) Sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6 (Ownership; Proprietary Rights) or any right or ability to view, access, or use any Materials; or
I) Attempt to do any of the acts described in this Section 11 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 11 (Prohibited Conduct).
Intellectual property Rights Protection
A) Respect for Third Party Rights.WWW.ICAM.DIGITAL respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
B) DMCA
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address:
WWW.ICAM.DIGITAL
M/S SIGMA
Attn: Legal Department (IP Notification)
Email: automatic@icam.digital
C) Procedure for Reporting Claimed InfringementIf you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property right that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.
Your Notification of Claimed Infringement may be shared by M/S SIGMA(WWW.ICAM.DIGITAL) with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to us making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
D) Repeat InfringersOur policy is to: (a) remove or disable access to material that we believe in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. WWW.ICAM.DIGITAL will terminate the accounts of users that are determined by WWW.ICAM.DIGITAL to be repeat infringers. WWW.ICAM.DIGITAL reserves the right, however, to suspend or terminate accounts of users at our sole discretion.
E) Counter NotificationIf you receive a notification from WWW.ICAM.DIGITAL that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide WWW.ICAM.DIGITAL with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Aragon’s Designated Agent through one of the methods identified in Section 11.2 (DMCA Notification), and include substantially the following information:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Aragon may be found, and that you will accept service of process from the person who provided notification under Section 11.2 (DMCA Notification) above or an agent of that person.
A party submitting a Counter Notification should consult a lawyer or see The Copyright Act of India 1957 and the latest amendments to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
F) Reposting of Content Subject to a Counter Notification.If you submit a Counter Notification to WWW.ICAM.DIGITAL in response to a Notification of Claimed Infringement, then WWW.ICAM.DIGITAL will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that WWW.ICAM.DIGITAL will replace the removed User Content or cease disabling access to it in 10 business days, and WWW.ICAM.DIGITAL will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless WWW.ICAM.DIGITAL’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on WWW.ICAM.DIGITAL’s system or network.
G) False Notifications of Claimed Infringement or Counter Notifications.The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [WWW.ICAM.DIGITAL] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” WWW.ICAM.DIGITAL reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
Modification of Terms
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Service. Except as expressly permitted in this Section 13 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
Term, Termination, and Modification of the Service
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately.
A) Term
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in this Section 13.
B) Termination
If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, we may, at our sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by contacting customer service.
C) Effect of Termination
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay WWW.ICAM.DIGITAL any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.(v) (Feedback), 6 (Ownership; Proprietary Rights), 13.C (Effect of Termination), 15 (Indemnity), 16 (Disclaimers; No Warranties by WWW.ICAM.DIGITAL), 17 (Limitation of Liability), 18 (Dispute Resolution and Arbitration), and 19 (Miscellaneous) will survive.
You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.
D) Modification of the Service.
WWW.ICAM.DIGITAL reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. WWW.ICAM.DIGITAL will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.
Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify WWW.ICAM.DIGITAL, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “M/S SIGMA or WWW.ICAM.DIGITAL Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Disclaimers; No Warranties by WWW.ICAM.DIGITAL
A) Generated Content Disclaimer
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WWW.ICAM.DIGITAL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WWW.ICAM.DIGITAL DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND WWW.ICAM.DIGITAL DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
B) WWW.ICAM.DIGITAL Entities Disclaimer
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR WWW.ICAM.DIGITAL ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE WWW.ICAM.DIGITAL ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM: (a) THE SERVICE; (b) ANY ERRORS, INACCURACIES, OR OMISSIONS IN THE AI GENERATED VISUALS; (c) YOUR ABILITY OR INABILITY TO UPLOAD, EXPORT, RETRIEVE, TRANSFER, OR REMOVE ANY USER CONTENT OR YOUR AI CONTENT FROM THE SERVICE; AND (d) YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
C) Services Offered Disclaimer
WWW.ICAM.DIGITAL USES ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TO PROVIDE THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE TECHNOLOGY USED BY WWW.ICAM.DIGITAL TO PROVIDE THE SERVICE IS EXPERIMENTAL, RAPIDLY EVOLVING, AND SUBJECT TO UNEXPECTED OUTPUTS AND RESULTS. THE AI VISUAL GENERATOR SYSTEM MAY PROVIDE RESULTS THAT CONTAIN ERRORS, OMISSIONS, OR NOT ACCURATELY REFLECT REAL EVENTS, PLACES, PEOPLE, OR FACTS. YOU ACKNOWLEDGE AND AGREE THAT WWW.ICAM.DIGITAL WILL NOT BE LIABLE FOR ANY MISTAKES, INACCURACIES, OMISSIONS, OR OFFENSIVE MATERIAL IN THE AI CONTENT OR ANY OTHER CONTENT GENERATED BY THE SERVICE. YOU RELY UPON THE AI CONTENT AT YOUR SOLE RISK.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 16 (DISCLAIMERS; NO WARRANTIES BY WWW.ICAM.DIGITAL) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. WWW.ICAM.DIGITAL does not disclaim any warranty or other right that WWW.ICAM.DIGITAL is prohibited from disclaiming under applicable law.
Limitations of Liability
A) M/S SIGMA or WWW.ICAM.DIGITAL ENTITIES
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE WWW.ICAM.DIGITAL ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY WWW.ICAM.DIGITAL or M/S SIGMA ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
B) M/S SIGMA or WWW.ICAM.DIGITAL ENTITIES
EXCEPT AS PROVIDED IN SECTIONS 18.E (Commencing Arbitration) AND 18.G (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE M/S SIGMA ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO WWW.ICAM.DIGITAL FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$10.
C) Limitation of Liability
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS.
THE LIMITATIONS IN THIS SECTION 17 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Dispute Resolution and Arbitration
YOU AND WWW.ICAM.DIGITAL AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR WWW.ICAM.DIGITAL FOR (I) TRADE SECRET MISAPPROPRIATION, (II) PATENT INFRINGEMENT, (III) COPYRIGHT INFRINGEMENT OR MISUSE, AND (IV) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.
A) GenerallyExcept as described in Section 18.B (Exceptions) and 18.C (Opt-Out), you and WWW.ICAM.DGITAL agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WWW.ICAM.DIGITAL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
B) Exceptions
Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
C) Opt Out
If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 18 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a e-mail to M/S SIGMA (WWW.ICAM.DIGITAL), Attention: Legal Department – Arbitration Opt-Out, that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once WWW.ICAM.DIGITAL receives your Opt-Out Notice, this Section 17 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 19.B (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
D) Commencing Arbitration
Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified Mail,(“Notice of Arbitration”). WWW.ICAM.DIGITAL’s address for Notice is: M/S SIGMA (WWW.ICAM.DIGITAL) C-85 Rabindrapally, Brahmapur, Garia, Kolkata 700096 and then then by electronic mail to automatic@icam.digital. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or M/S SIGMA(WWW.ICAM.DIGITAL) may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, your arbitration process will be considered valid as per this terms set here.
If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose then the payment of all fees will be paid by you including all attorney fees paid by WWW.ICAM.DIGITAL.
E) Arbitration Proceedings
Any arbitration hearing will take place in the jurisdiction of Kolkata High Court, City of Kolkata, State of West Bengal, India and not the state of your billing address unless we agree otherwise.
During the arbitration, the amount of any settlement offer made by you or WWW.ICAM.DIGITAL must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
F) No Class Actions
YOU AND WWW.ICAM.DIGITAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and WWW.ICAM.DIGITAL agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
G) Modifications to this Arbitration Provision.
If WWW.ICAM.DIGITAL makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to WWW.ICAM.DIGITAL’s address for Notice of Arbitration, in which case your account with WWW.ICAM.DIGITAL will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
H) Enforceability
If Section 18.F (No Class Actions) or the entirety of this Section 18 (Dispute Resolution and Arbitration) is found to be unenforceable, or if WWW.ICAM.DIGITAL receives an Opt-Out Notice from you, then the entirety of this Section 18 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 19.B (Governing Law) will govern any action arising out of or related to these Terms.
Miscellaneous
A) General Terms
These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and WWW.ICAM.DIGITAL regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
B) Governing Law
These Terms are governed by the laws of India without regard to conflict of law principles. You and WWW.ICAM.DIGITAL submit to the personal and exclusive jurisdiction of the High Court of Kolkata, State of West Bengal, India for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in India, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
C) Privacy Policy
Please read our Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
D) Additional Terms
Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
E) Consent to Electronic Communication
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
F) Contact Information
The Service is offered by WWW.ICAM.DIGITAL, owned and operated by M/S SIGMA is located at C-85 Rabindrapally, Brahmapur, Garia, Kolkata 700096. You may contact us by sending correspondence to that address or by emailing us at automatic@icam.digital.
G) No Support
We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
H) International Use
The Service is intended for visitors located within India. We make no representation that the Service is appropriate or available for use outside of India. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
Notice Regarding Apple
This Section Error: Reference source not found (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and WWW.ICAM.DIGITAL only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to an Indian Government embargo or that has been designated by the Indian Government as a “terrorist supporting” country; and (b) you are not listed on any Indian and U.S. Government list of prohibited or restricted parties.