These are the Terms and Conditions of Match Limited (“Match”). All contents, information, products and services available on this website is property of Match. This website is offered to you conditioned on your acceptance without modification of any and all of the following terms, conditions, and notices set forth below, including those additional terms and conditions and policies referenced herein and/or available by hyperlink (“Terms and Conditions”). We may change or otherwise modify these Terms and Conditions in the future. The changed or modified Terms and Conditions will become effective immediately upon posting to the Website. You understand and agree that your continued access or use of this Website after such change or modification constitutes your acceptance of the changed or modified Terms and Conditions. You agree to periodically review the most current version of these Terms and Conditions as posted on the Website.
This website is designed to provide assistance and information to users (“User(s)”, “you”), including but not limited to browsers, consumers, contributors of content and/or manufacturers.
By (i) accessing or using this website or services in any manner; or (ii) paying for a third person to use or access the website or the services, you agree to be bound by these Terms and Conditions and represent that you have read and understood the Terms and Conditions. Please read the Terms and Conditions carefully, as it contains information concerning your legal rights and limitations on these rights, and a section regarding applicable law and jurisdiction of disputes. If you do not accept these Terms and Conditions, you are not authorized / permitted to use this website and/or the services and shall immediately cease usage of this website.
1. Introduction
Introducing Match, the AI Assistance Design Platform that ignites your creativity and guides you on an inspiring design journey. As a designer, you can join Match and invite customers to create accounts, tapping into its powerful features to overcome creative blocks. Customers simply share their art style and prompt, which is transformed into keywords for the AI to work its magic and provides the output in the form of a moodboard. As a designer, you will be able to access different functionalities based on the package you subscribe to.
Designer Membership:
1.1.Designers are welcome to join Match and utilize its features to enhance their design journey.
1.1.2 Designers may invite customers to create accounts on Match, enabling collaborative design experiences.
1.1.3 Match empowers designers to overcome creative blocks by transforming customer-provided art style and prompts into keywords for AI-generated inspiration.
AI Assistance and Image Generation:
1.2.1 Match provides a curated selection of images based on designer preferences.
1.2.2 Designers have the freedom to choose preferred elements from the image selection.
1.2.3 Upon selection, Match's AI algorithm generates a complete image aligned with the designer's vision.
1.2.4 The generated images and moodboards serve as references to inspire and guide the design process.
Streamlined Customer Experience:
1.3.1 Match revolutionizes the customer experience by simplifying the design process and reducing lead time.
1.3.2 Through a survey-based approach, back-and-forth communication is minimized, enhancing efficiency.
1.3.3 Moodboard images provided by Match ensure clarity and reduce confusion during the design collaboration.
AI-Curated Images and Decision-Making:
1.4.1 Match accelerates decision-making by providing AI-curated images based on customer-provided keywords.
1.4.2 The AI algorithm matches the customer's vision, empowering quick and confident decision-making.
1.4.3 Designers can save time and effort by relying on Match's AI to generate personalized reference images.
2. Copyright and intellectual property
Each art talent contributor owns and retains all rights in relation to their respective design illustrations. A license of each design illustration is granted to Match to publicly display, publish and distribute in any format or medium in order to facilitate the promotion of the illustrations and content, producing and promoting products with the design illustration, and to sub-license to consumers of the premium package.
It is represented and warranted by each art talent contributor that:-
all intellectual property rights, including but not limited to copyrights, trademark rights, rights of publicity, have been properly obtained, such that the publishing and distribution of relevant design illustrations through Match is legal and lawful; and
the publishing and distribution of design illustrations provided by each art talent distributor does not and will not infringe any intellectual property rights of any party or entity.
Match reserves the right and discretion to review all design illustrations supplied by art talent contributors through the Match platform, and to remove any illustrations deemed inappropriate, offensive, misleading, defamatory and/or false from the Match website. In the event of the foregoing, Match further reserves the discretion to, inter alia, terminate the art talent contributor’s right to submit design illustrations through its website for an indefinite period of time.
3. Payment Terms
When placing an order on Match, consumers will need to provide their name, email address, mailing address, date of birth, billing information, contact methods and other requested information as indicated on the website.
In order to place orders with Match, consumers agree to provide current, complete and accurate purchase and account information for all purchases made at Match. Consumers agree to promptly update their account and other information, including consumers’ email address and credit card numbers
and expiration dates, so that Match can complete the relevant transactions as needed.
All transactions effected through Match shall be made via Stripe and/or bank transfer.
Match reserves the right to refuse any order placed by consumers with Match. Match may, in its sole discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Match makes a change to or cancel an order, Match may attempt to notify you by contacting the email, billing address and/or phone number provided at the time the order was made.
4. Warranty disclaimer
The website, its contents, and the services are provided on an “as is” basis without warranties of any kind, express or implied. To the fullest extent possible pursuant to the applicable law, we disclaim all warranties, express or implied, with respect to the website, its contents, the services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights. We also do not endorse any opinion, recommendation, or advice given by users of the Match website.
Users of Match also acknowledge that the website makes no warranty or representation as to (i) the accuracy, timeliness, completeness or correctness of any products and/or services; (ii) the functions contained in, or the results obtained from, any products and/or services; (iii) any products being secured, uninterrupted or error free, or that all errors in a products and/or services will be corrected; or (iv) whether any products and/or services will meet the users’ requirements. Notwithstanding the above, Match may modify the description to any materials or products and/or services, at any time (including after consumers have submitted their order) without prior notice, including modifications to product descriptions, pricing and availability. Match reserves the right to refuse or cancel any such orders placed even if the order has been confirmed and consumers credit card charged. If consumers’ credit card has already been charged for the purchase and the order is subsequently cancelled, Match shall issue a credit to the consumers’ credit card account in the amount of the said purchase. Consumers shall not be liable for any bank fees, administration fees or any other fees incurred in relation to such transactions.
Under any circumstances, Match shall not be liable for any direct, indirect, special, incidental or consequential damages, including and without limitation to, loss of data or profit, arising out of the use of or reliance on, or the inability to use, the website, its contents, the services, advice, products, applications, tools or any portion thereof, or for any mistakes, defamation, libel, slander, omissions, falsehoods, or profanity contained therewith.
By accepting these Terms and Conditions, consumers agree not to hold Match liable for any instruction, advice or services delivered which originated from the website, or in connection with the contents of the website, the services or any portion thereof. Consumers further agree that Match is not responsible for any damages to any party as a result of using the services provided. Match reserves the right but is under no obligation to screen the content that is posted on the website for any abusive, false, unreliable or other unacceptable materials.
Match does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. Since Match may from time to time perform regular maintenance and upgrades, the website may periodically be unavailable. We reserve the sole right to discontinue the website, including any of the website’s features, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise our right to do so.
Occasionally there may be information on the website or in the services that contains typographical errors, inaccuracies or omissions in relation to the products’ descriptions, pricing, promotions, offers, product shipping charges, transmit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update said information or cancel any placed orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). Match undertakes no obligation to update, amend or clarify information in the services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the services or on any related website, should be taken to indicate that all information in the services or on any related website has been modified or updated.
5. Reviews, Comments and Use of Other Interactive Areas
By submitting content to this website, both as users or art talent contributors, by email, postings reviews or comments on this website or otherwise, including any reviews, photos, videos, questions, comments, reviews, suggestions, ideas or the like contained in any submissions (collectively, the “Submission”), you grant Match and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose.
You acknowledge that Match may choose to provide attribution of your comments or reviews at our sole discretion. You further grant Match the right to pursue at law any person or entity that violates your or Match rights in the Submission by a breach of these Terms and Conditions. You acknowledge and agree that any Submission you made on Match are non-confidential and non-proprietary.
Match does not edit the user messages posted to or distributed on this website including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such user messages. Match nevertheless reserves the right for any reason in its sole discretion to review the submissions before posting on the website or remove any user messages and/or site content without notice to the users.
This website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of the design illustrations shared by art talent contributors or other content, messages, materials or other items on this Website (the "Interactive Areas"). If Match provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using this website, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this website any of the following:
Any message, data, information, text, music, sound, photos, graphics, code or any other material (collectively "Content") that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, state, national or international law;
Content that provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
Content including and without limitation to photos that could be used to identify the identity of any children;
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Match;
Unsolicited promotions, mass mailings or "spamming", transmission of "junk mail", "chain letters", political campaigning, advertising, contests, raffles, or solicitations;
Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, and credit card numbers;
Restricted content on hidden pages including and without limitation to images which are only accessible by providing a password;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
Content or links to content that, in the sole judgment of Whizpa, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose Whizpa or its affiliates or its Users to any harm or liability of any type.
Match provides a platform for its users and design contributors to connect and obtain information. Match does not vet the reviews by users but may delete reviews should valid complaints or requests be made in respect of a comment. Match takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, which include our art talent contributors, or for any loss or damage thereto, nor is Match liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Match is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Match has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Match reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that:-
you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto;
you have no objection to the publication, use, modification, deletion and exploitation of the Content by Match or its licensees, successors and assigns;
you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and
you forever release Match, and its licensees, successors and assigns, from any claims that you could otherwise assert against Match by virtue of any such moral rights.
Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the provisions of these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.
6. Security and Password
Account holders to Match are solely responsible for maintaining the confidentiality of their account(s), username(s) and password(s) and for all activities and liabilities associated with or occurring under their account(s), username(s) and password(s). For avoidance of any unauthorized use of your account(s), username(s) or password(s) and any other breach of security, account holders shall ensure that the account has been logged out at the end of each session. Account holders hold the responsibility of must take steps to ensure that others do not gain access to their password and account. Match will never ask its users for their passwords.
Match is not responsible for any loss or damage arising from the failure of its account holders in complying with this requirement or as a result of use of its account(s), username(s) or password(s), either with or without the knowledge of its account holders. However, account holders of Match could be held liable for losses incurred by us or another party due to someone else using their account(s), username(s) or password(s). Account holders of Match may not transfer your account(s), username(s) or password(s) to another person, and account holders may not use anyone else's account(s), username(s) or password(s) at any time without the permission of the account holder. In cases where account holders have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the Services; and (iii) the consequences of any misuse.
7. Copyright and Trademark Notices
Match is not responsible for content on websites operated by parties other than Match. Match, the Match logo, and all other product or service names or slogans displayed on this website, registered or unregistered, are protected, without limitation, pursuant to Hong Kong and foreign trademark laws. Such trademarks must not be copied, imitated or used, in whole or in part, without the prior written permission of Match or the applicable trademark holder. In addition, the look and feel of this website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Match may not be copied, imitated or used, in whole or in part, without the prior written permission of Match. All other trademarks, registered trademarks, product names, company names or logos, school names or logos, mentioned in this website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, school or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Match.
Match operates on a "notice and takedown" basis. In the event that consumers have any complaints or objections to material or content including user Messages, Service Providers’ messages posted on this Website, or if consumers believe that material or content posted on this website infringes a copyright that you hold, please contact us immediately at info@match.co. Once notice is received by Match, reasonable endeavors will be taken to remove illegal content within a reasonable time.
8. Prohibited Activities
The content and information on this website (including, but not limited to, messages, data, information, text, sound, photos, graphics, video, maps, icons, software, code and/or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. Users agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Website. Additionally, users and agree not to:-
use the website for any unlawful purpose;
solicit others to perform or participate in any unlawful acts;
violate any international, federal, provincial or state regulations, rules, laws or local ordinances;
infringe upon or violate our intellectual property rights or the intellectual property rights of others;
harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
submit false or misleading information;
upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet;
collect or track the personal information of others;
spam, phish, pharm, pretext, spider, crawl or scrape;
use the website for any obscene or immoral purpose;
access, monitor or copy any content or information of the website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
violate the restrictions in any robot exclusion headers on the website or bypass or circumvent other measures employed to prevent or limit access to the website;
take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
deep-link to any portion of the website for any purpose without our express written permission;
"frame", "mirror" or otherwise incorporate any part of the website into any other website without our prior written authorization; or
attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Match in connection with the website or services.
Users also agree not to use the website or its contents for any commercial purpose.
Match reserves the right to terminate your use of the Service for violating any of the prohibited uses.
9. Governing Law and Jurisdiction
These Terms and Conditions and any obligations arising out of or in connection with it are governed by the Laws of Hong Kong.
The courts of Hong Kong have exclusive jurisdiction to settle any dispute arising out of or in connection with the Terms and Conditions.
10. Disclaimer and Limitation of Liability
Match strives to provide accurate and inspiring design assistance. However, we cannot guarantee the accuracy, completeness, or suitability of the generated images or guidance.
Designers and customers acknowledge that Match's AI assistance is based on algorithms and may not always perfectly align with personal preferences or expectations.
Match shall not be held liable for any direct, indirect, incidental, consequential, or exemplary damages arising from the use of the platform or reliance on the generated images.
Designers and customers agree to use Match at their own risk and understand that Match is not responsible for any design outcomes or consequences resulting from its usage.
10. General Provisions
You agree that no joint venture, agency, partnership, or employment relationship exists between you and Match and/or affiliates as a result of these Terms and Conditions or use of this Website.
The performance of Match of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in these Terms shall continue in effect. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
These Terms (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Match with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Match with respect to this website. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
By accessing and using Match, you acknowledge that you have read, understood, and agreed to these terms and conditions. If you do not agree with these terms, please refrain from using Match and its associated services. Match reserves the right to modify or update these terms and conditions at any time without prior notice. Consequently, it is not required to register as an editorial product under any relevant law. Continued use of Match after any modifications signifies your acceptance of the revised terms and conditions.
Any rights not expressly granted herein are reserved.