Manifesto Agency — Terms of Service

These Terms of Service govern your access to and use of the products and services of Manifesto Agency (Registration No. 202603059119), a sole proprietorship registered in Malaysia with its principal place of business at Adiva Residence, 158 Persiaran Residen 8, Desa ParkCity, 52200 Kuala Lumpur, Wilayah Persekutuan, Malaysia, including without limitation:

• the website at https://www.manifestoheadshot.com/ (and related domains operated by us);
• the Manifesto Headshot mobile application for iOS (and any Android or other mobile versions we may publish);
• digital products, Studio tools, accounts, and optional Done-for-You services described in these Terms.

These Terms apply equally whether you use the Services on the Website, in the App, or both. Where a provision refers only to “Website” or only to “App”, it applies to that channel; all other provisions apply to the Services as a whole.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. THEY CONTAIN IMPORTANT PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING A LIMITATION OF OUR LIABILITY (SECTION 21), YOUR OBLIGATION TO INDEMNIFY US IN CERTAIN CIRCUMSTANCES (SECTION 22), A LICENCE OVER CONTENT YOU UPLOAD (SECTION 7), MARKETING PROMOTION RIGHTS (SECTION 5), AND AN EXCLUSIVE JURISDICTION CLAUSE IN FAVOUR OF THE COURTS OF KUALA LUMPUR (SECTION 26).

1. Definitions and Interpretation

1.1 Definitions. In these Terms, unless the context otherwise requires, the following capitalised terms have the following meanings:

"Affiliate" means, in relation to a party, any person or entity that directly or indirectly controls, is controlled by, or is under common control with that party, where "control" means the power to direct the management or policies of an entity, whether through ownership, contract or otherwise.

"Agreement" means these Terms, together with the Privacy Policy, the Cookie Policy, the Acceptable Use Policy, any order confirmation, and any supplementary terms expressly incorporated by reference, each as amended from time to time.

"AI Output" means any headshot, portrait, image, variation, draft, preview or other result generated in whole or in part through the use of our Content, prompts, workflows or the Done-for-You Service, whether generated by us, by you, or by a Third-Party AI Platform.

"AI Platform" or "Third-Party AI Platform" means any third-party artificial intelligence image-generation model, tool, application or service (including, without limitation, text-to-image and image-to-image generation services) that is owned and operated by a party other than Manifesto Agency and that may be used in conjunction with our Content, whether selected by you or used by us in delivering the Done-for-You Service.

"Applicable Law" means all laws, statutes, regulations, subsidiary legislation, codes, guidelines, directives and orders of any governmental or regulatory authority of Malaysia applicable to a party or the Services, including without limitation the Personal Data Protection Act 2010 (as amended, including by the Personal Data Protection (Amendment) Act 2024) ("PDPA"), the Communications and Multimedia Act 1998, the Consumer Protection Act 1999, the Electronic Commerce Act 2006, the Copyright Act 1987, and the Contracts Act 1950.

"Business Day" means a day other than a Saturday, Sunday or public holiday in Kuala Lumpur, Malaysia.

"Company", "We", "Us", "Our" or "Manifesto Agency" means Manifesto Agency (Registration No. 202603059119), its permitted successors and assigns.

"Content" means all materials created, owned, licensed or provided by Manifesto Agency and made available through the Services, including without limitation all prompts, prompt structures, prompt engineering techniques as expressed in written form, guides, magazine layouts and designs, editorial content, images, illustrations, text, workflows, reference materials, templates, crop guides, interactive playbooks, videos, audio, software, code, design elements, trade marks, logos, and the selection, arrangement and compilation of all of the foregoing.

"Digital Products" means downloadable or digitally accessed products offered by us, including the Vol. 01 Headshot Issue prompt magazine, reference image guides, workflow templates, platform crop guides and the interactive playbook, but excluding the Done-for-You Service.

"Done-for-You Service" or "DFY Service" means the optional service under which we generate, curate and deliver AI headshots on your behalf using reference photos supplied by you.

"Feedback" means any suggestion, idea, enhancement request, recommendation, correction or other feedback regarding the Services provided by you to us.

"Fees" means the amounts payable by you for Digital Products, App Store products (including Pro unlocks or subscriptions), or the DFY Service, as displayed on the Website or in the App Store at the time of purchase or as otherwise agreed in writing.

"Intellectual Property Rights" means all copyright and related rights, moral rights, trade marks, service marks, trade names, domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered, and including all applications and rights to apply for and be granted renewals or extensions of, and rights to claim priority from, such rights, and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

"Losses" means all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs and expenses of whatever kind, including reasonable legal fees and the costs of enforcing any right to indemnification.

"Marketing Promotion" means any use of AI Output, anonymised or pseudonymised excerpts of User Content, testimonials, reviews, case studies, before-and-after comparisons, or descriptions of results achieved using the Services, in our promotional materials, advertising, social media, website, portfolio, press materials, investor materials or marketing campaigns.

"App" or "Mobile Application" means the Manifesto Headshot software application for Apple iOS (including iPhone and iPad), any TestFlight or beta builds we distribute, and any Android or other mobile versions we may publish under the same brand, including all in-app screens, libraries, lessons, account and sync features.

"App Store" means Apple’s App Store (and, if applicable, Google Play or other app marketplaces) through which the App may be distributed or through which in-app purchases may be processed.

"Order" means your purchase of a Digital Product or DFY Service through the Website checkout, or an in-app purchase or subscription completed through an App Store.

"Reference Photos" means the face photographs (recommended eight (8) to twenty (20) well-lit images) uploaded by you for the purpose of generating AI headshots, together with all biometric data derivable from them.

"Services" means, collectively: (a) the Website; (b) the App; (c) the Digital Products; (d) the DFY Service; (e) user accounts, authentication, cloud sync of preferences and favourites, and related APIs; and (f) any future applications, tools or features we may offer, and all related content, features and functionality, in each case as they may be updated from time to time.

"Terms" means these Terms of Service, as amended from time to time in accordance with Section 27.

"User", "You" or "Your" means the individual or entity accessing or using the Services, and where an individual uses the Services on behalf of an entity, both the individual and the entity jointly and severally.

"User Content" means any photos, images, data, information, text, materials or submissions you upload, submit, transmit or otherwise provide through or in connection with the Services, including Reference Photos, profile or avatar photos set in the App, testimonials you submit, and communications you send to us.

"Website" means the website located at https://www.manifestoheadshot.com/ (including Studio and related paths) and any successor or related domain operated by us (including, without limitation, https://api.manifestoheadshot.com where used as an authentication or API endpoint for the Services).

1.2 Interpretation. In these Terms, unless the context otherwise requires: (a) headings are for convenience only and do not affect interpretation; (b) the singular includes the plural and vice versa; (c) a reference to a gender includes all genders; (d) "including", "includes", "in particular", "for example" and similar expressions are illustrative and do not limit the sense of the words preceding them; (e) a reference to a statute or statutory provision is a reference to it as amended, extended, re-enacted or replaced from time to time, and includes all subordinate legislation made under it; (f) a reference to "writing" or "written" includes email and other electronic communications; (g) a reference to a Section is to a section of these Terms; (h) any obligation on a party not to do something includes an obligation not to allow that thing to be done; and (i) where a period is expressed in days, it means calendar days unless "Business Days" is expressly stated.

1.3 Order of precedence. In the event of any conflict or inconsistency between the documents comprising the Agreement, the following order of precedence applies (highest first): (a) any written agreement signed by both parties specifically referencing and overriding these Terms; (b) these Terms; (c) the Privacy Policy (which prevails over these Terms in respect of personal data matters); (d) the Acceptable Use Policy; (e) the Cookie Policy; and (f) any other document incorporated by reference.

2. Acceptance and Formation of Binding Agreement

2.1 Binding contract. These Terms constitute a legally binding contract between you and Manifesto Agency. By accessing or browsing the Website, downloading or opening the App, registering an account (on the Website or in the App), purchasing any product (including App Store in-app purchases), downloading any material, uploading any User Content, ticking or clicking "I Agree" / "I have read and agree" (or any similar acceptance mechanism), or otherwise using the Services in any manner, you expressly acknowledge that you have read, fully understood, and unconditionally agree to be bound by these Terms, our Privacy Policy, our Cookie Policy and our Acceptable Use Policy. Acceptance on either the Website or the App binds you for the Services as a whole.

2.2 Rejection. If you do not agree with any part of the Agreement, you must not use the Services, must immediately discontinue any use already commenced, and must permanently delete any Content or materials already downloaded. Continued use after notice of non-agreement is itself acceptance.

2.3 Electronic contracting. In accordance with the Electronic Commerce Act 2006, you agree that: (a) these Terms and all related notices, disclosures and records may be provided to you electronically; (b) your electronic acceptance (including by clicking, checkbox, or continued use) has the same legal force and effect as a handwritten signature; (c) an electronic record of the Agreement is admissible as evidence of its terms; and (d) you will not contest the validity or enforceability of the Agreement on the ground that it was formed or signed electronically.

2.4 Contract formation on purchase. The display of Digital Products and the DFY Service on the Website constitutes an invitation to treat and not an offer. Your Order constitutes an offer to purchase. A binding contract of sale is formed only when we issue an order confirmation by email or grant you access to the purchased product, whichever occurs first. We reserve the right to decline any Order at our sole discretion, including where we suspect fraud, error in pricing, or breach of these Terms; in such case any amounts already paid for the declined Order will be refunded.

2.5 Pricing errors. If a product is listed at an incorrect price or with incorrect information due to typographical or system error, we may cancel the Order and refund any amount paid, even if the Order has been confirmed, provided we notify you within a reasonable time of discovering the error.

2.6 Records. We may keep records of your acceptance of these Terms, including timestamps, IP addresses and the version of the Terms accepted, and you agree such records are admissible evidence of your acceptance.

3. Eligibility, User Representations and Warranties

3.1 Age and capacity. You represent and warrant that you are at least eighteen (18) years of age (or the age of majority in your jurisdiction of residence, if higher) and that you have full legal capacity and authority to enter into and perform the Agreement. The Services are not directed at, and must not be used by, minors. If we become aware that a minor has used the Services or uploaded Reference Photos, we may terminate access and delete the associated data immediately.

3.2 Authority for entities. If you use the Services on behalf of a company, firm, organisation or other entity, you represent and warrant that you have full authority to bind that entity to the Agreement, and references to "you" include both you personally and that entity, jointly and severally.

3.3 General representations. You further represent, warrant and undertake, on a continuing basis, that:

(a) all information you provide to us (including registration, billing and contact information) is accurate, current and complete, and you will promptly update it to keep it so;

(b) your access to and use of the Services will comply at all times with the Agreement and all Applicable Law, including all laws of your own jurisdiction of residence or establishment;

(c) you have obtained, and will maintain, all rights, consents, permissions, licences and authorisations necessary to upload the User Content and to grant the licences in Section 7, including without limitation the consent of any identifiable individual appearing in any photo you upload;

(d) the User Content does not and will not infringe, misappropriate or violate any Intellectual Property Rights, privacy rights, publicity or personality rights, contractual rights or any other rights of any third party;

(e) you are not located in, and will not use the Services from, any jurisdiction where use of the Services is prohibited by law, and you are not a person to whom we are prohibited from providing services under any sanctions or export-control regime applicable to us;

(f) you will not use the Services on behalf of, or for the benefit of, any competitor of Manifesto Agency for the purpose of building, informing or improving a competing product or service;

(g) you are purchasing the Services for their intended use as described on the Website and not in reliance on any representation not expressly recorded in the Agreement; and

(h) where you use AI Output in connection with employment applications, professional licensing, identification or similar contexts, you will comply with any applicable disclosure obligations regarding the AI-generated or AI-modified nature of the image.

3.4 Continuing accuracy. Each of the representations and warranties in this Section 3 is deemed repeated each time you access or use the Services, place an Order, or upload User Content.

3.5 Consequences of breach. Any breach of this Section 3 is a material breach of the Agreement entitling us to suspend or terminate your access under Section 23 and to exercise all other rights and remedies available to us, without prejudice to your indemnification obligations under Section 22.

4. Description of the Services

4.1 Nature of the Services. The Services consist of educational tools, digital publications, mobile and web software, and optional generation services designed to assist users in creating professional AI-generated headshots. The Services include:

(a) Website and Studio — marketing pages, account sign-in, digital product delivery, and Studio tools available at the Website;

(b) Manifesto Headshot App — the iOS (and any other mobile) application providing browseable looks, lessons, prompt tools, style preferences, local profile features, and optional cloud sync of favourites and preferences when you sign in;

(c) Vol. 01 Headshot Issue — a digital prompt magazine containing curated, tested prompt recipes, styling direction, lighting references and art direction for professional AI headshots;

(d) Reference image guides — instructional materials on selecting, shooting and preparing the eight (8) to twenty (20) well-lit reference face images recommended for high-fidelity results;

(e) Workflow templates — step-by-step process documents for producing consistent results across common AI Platforms;

(f) Platform crop guides — sizing, aspect-ratio and crop references for LinkedIn, corporate directories, conference profiles, social platforms and print use;

(g) Interactive playbook — an interactive digital resource combining the above materials;

(h) Done-for-You Service — the optional paid service described in Section 15; and

(i) any future applications, tools, features, volumes or editions we may release, which will be governed by these Terms unless accompanied by separate terms.

4.2 Educational nature; your responsibility for results. Except for the DFY Service, the Services are instructional and self-serve: results depend on your own execution, the quality and suitability of your Reference Photos, and the behaviour of the Third-Party AI Platform you choose to use. We do not operate, control or guarantee any Third-Party AI Platform.

4.3 Service changes. We may modify, enhance, add to, or discontinue any element of the Services at any time. Where a discontinuation materially deprives you of the core benefit of a Digital Product purchased within the preceding ninety (90) days, your sole and exclusive remedy is a pro-rata or full refund at our reasonable determination.

4.4 Availability. We do not guarantee that the Services will be available at all times or without interruption. Scheduled and emergency maintenance, upgrades, third-party outages and events of Force Majeure may cause downtime. We will use commercially reasonable efforts to minimise disruption but accept no liability for unavailability except as expressly stated in these Terms.

4.5 No professional advice. Nothing in the Services constitutes legal, career, immigration, professional-licensing or other regulated advice. Guidance on where and how professional photos may be used (for example, on identification documents) is general information only; you are solely responsible for verifying the rules of any platform, employer, institution or authority to which you submit an image.

5. Marketing Promotion Rights and Publicity Licence

5.1 Grant of marketing licence. In consideration of access to the Services, you grant Manifesto Agency a non-exclusive, royalty-free, worldwide licence to use, reproduce, display, publish, adapt, crop, resize and distribute AI Output generated through the Services, and excerpts of testimonials or reviews you submit, for Marketing Promotion purposes, including in case studies, social media posts, website galleries and testimonial sections, portfolio examples, advertising materials, press materials and promotional campaigns.

5.2 Identity protection. We will not disclose your name, employer, or other directly identifying personal details in connection with Marketing Promotion without your separate prior written consent (which may be given by email or through a consent checkbox). Where AI Output depicts your face, the image itself is inherently identifying; accordingly:

(a) for AI Output generated via the DFY Service or from your Reference Photos, we will use such AI Output in Marketing Promotion only where you have given the separate opt-in consent described in Part 5, Document B (Marketing and Testimonial Release), or where the image has been modified, composited or anonymised such that you are no longer reasonably identifiable;

(b) for written testimonials and non-facial materials (such as anonymised prompt results, statistics or descriptions of outcomes), the licence in Section 5.1 applies without further consent, subject always to Section 5.2 first paragraph.

5.3 Duration and survival. The licence in this Section 5 continues for so long as permitted by Applicable Law and survives termination of the Agreement, provided that where the licensed material contains your personal data (including your facial image), the licence is at all times subject to your rights under the PDPA, including your right to withdraw consent under Sections 5.6 and 14 of the Privacy Policy, upon which we will cease new uses of the affected material and remove it from channels within our direct control within a reasonable period (not exceeding thirty (30) days), it being acknowledged that we cannot recall material already lawfully published, downloaded or shared by third parties before withdrawal.

5.4 No obligation; no remuneration. We are under no obligation to use any material licensed under this Section 5, and no royalty, fee or other remuneration is payable to you for any such use.

5.5 Moral rights. To the maximum extent permitted by Applicable Law, and solely in respect of uses permitted by this Section 5, you consent to acts or omissions that would otherwise infringe any moral rights you may hold in materials you submit, including publication without attribution and reasonable editing for format, length and presentation, provided such editing does not materially distort the substance of a testimonial.

6. User Accounts and Account Security

6.1 Registration. Certain features may require you to create an account. You must provide accurate, current and complete registration information and keep it updated.

6.2 Credentials. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, whether or not authorised by you, until you notify us of a compromise. You must use a strong, unique password and must not share credentials with any other person.

6.3 Notification. You must notify us immediately at hello@manifesto.studio upon becoming aware of any unauthorised access to or use of your account, any security incident affecting your credentials, or any loss of a device on which you remain logged in.

6.4 One account per person. Unless we agree otherwise in writing, you may maintain only one account. Accounts are personal to you and may not be sold, transferred, rented or shared.

6.5 Our rights. We may suspend, restrict, reclaim or terminate accounts in accordance with Section 23, and may reclaim usernames that infringe third-party rights or violate the Acceptable Use Policy.

6.6 Purchases without an account. Where products may be purchased without registration, the remainder of these Terms nonetheless applies in full to your purchase and use.

7. User Content, Photo Uploads and Licence Grant

7.1 Your ownership. As between you and us, you retain all ownership rights in your User Content. Nothing in these Terms transfers ownership of your User Content to us.

7.2 Licence to us. By uploading or submitting User Content, you grant Manifesto Agency a non-exclusive, royalty-free, worldwide, sublicensable (solely to our service providers and processors acting on our behalf) licence to host, store, cache, collect, process, analyse, reproduce, modify, adapt, crop, enhance, format, translate, create derivative works from, and use such User Content strictly for the following purposes:

(a) operating, providing, maintaining, securing and improving the Services;

(b) generating, curating and delivering AI Output to you, including through the DFY Service;

(c) providing customer support and responding to your requests;

(d) quality control, error diagnosis and service refinement;

(e) complying with Applicable Law, court orders and lawful requests of competent authorities;

(f) establishing, exercising or defending legal claims; and

(g) Marketing Promotion, solely to the extent and subject to the conditions and consents set out in Section 5.

7.3 Duration of licence. The licence in Section 7.2 continues for the period during which we provide the Services to you and for such further period as is reasonably necessary for the purposes in Sections 7.2(e) and (f), subject always to the deletion and retention commitments in the Privacy Policy (including the deletion of biometric Reference Photos described in Section 10 of the Privacy Policy) and to your rights under the PDPA. For the avoidance of doubt, in respect of Reference Photos and other biometric or sensitive personal data, this licence does not override, and is at all times subject to, your right to withdraw consent under the PDPA.

7.4 Your warranties for User Content. You represent and warrant that: (a) you own the User Content or hold all rights, consents and licences necessary to upload it and grant the licence in Section 7.2; (b) every identifiable individual appearing in any uploaded photo has given informed consent to the upload and the processing described in the Agreement and the Privacy Policy (see further Section 8); (c) the User Content does not contain any material that is unlawful, defamatory, obscene, or that infringes any third-party right; and (d) the User Content is free of viruses, malware and other harmful components.

7.5 No obligation to monitor; right to remove. We do not undertake to review User Content, but we reserve the right (without obligation) to review, screen, refuse, remove or disable access to any User Content at any time and without notice where we reasonably believe it breaches the Agreement or Applicable Law, poses a risk to any person, or exposes us to liability.

7.6 Backups. You are responsible for retaining your own originals of all User Content. The Services are not a storage or archival service, and we are not liable for deletion of, or failure to store, User Content, including deletion carried out pursuant to the Privacy Policy's retention schedule.

7.7 Feedback. Feedback is voluntary. You assign to us all Intellectual Property Rights in Feedback, and we may use Feedback for any purpose without restriction, attribution or compensation. Feedback is deemed non-confidential.

8. Reference Photo Requirements, Third-Party Faces and Consent Obligations

8.1 Your own likeness only. The Services are designed for the creation of headshots of you. You must upload Reference Photos only of your own face, unless Section 8.2 applies.

8.2 Uploading photos of another person. You may upload Reference Photos of another living individual (for example, a colleague or family member) only if all of the following are satisfied:

(a) that individual is at least eighteen (18) years of age;

(b) you have obtained that individual's prior, express, informed and documented consent to (i) the upload, (ii) the biometric processing described in the Privacy Policy, and (iii) the generation of AI images of their likeness;

(c) you provide that individual with a copy of, or link to, the Privacy Policy before upload; and

(d) you retain evidence of the consent and produce it to us promptly on request.

8.3 Absolute prohibitions. You must never upload, and we will delete and may report where required by law: (a) photos of any minor; (b) photos of any individual without the consent described in Section 8.2; (c) photos of public figures, celebrities or politicians for the purpose of generating their likeness; (d) photos obtained unlawfully, scraped from the internet, or extracted from identity documents belonging to another person; or (e) sexually explicit or intimate images of any person.

8.4 Deceased persons. Generation of the likeness of a deceased individual is permitted only with the documented authority of the deceased's estate or legal personal representative, and we may require evidence of such authority before providing the DFY Service.

8.5 Verification. We may (but are not obliged to) implement identity- or consent-verification measures, and may refuse or cancel any DFY Order where we are not reasonably satisfied that this Section 8 has been complied with. Refusal on this ground does not entitle you to any remedy other than a refund of Fees paid for the refused Order.

8.6 Your sole responsibility. As between you and us, you bear sole responsibility for compliance with this Section 8, and your indemnity in Section 22 expressly extends to any claim by an individual whose photo you uploaded.

9. Intellectual Property Rights of Manifesto Agency

9.1 Ownership. The Services and all Content are, as between you and us, the exclusive property of Manifesto Agency and its licensors, and are protected by the Copyright Act 1987, the Trade Marks Act 2019, other Applicable Law and international treaties. All rights not expressly granted to you in these Terms are reserved.

9.2 Protected elements. Without limiting Section 9.1, the following are proprietary to us: the text, structure, sequence, selection and arrangement of all prompts and prompt collections; the editorial design and layout of the Vol. 01 Headshot Issue and any subsequent volumes; all guides, workflows, templates and playbooks; the "Manifesto Agency" and "Manifesto Headshot" names, logos and get-up; the Website design, code and user interface; and all compilations and databases comprised in the Services.

9.3 No implied rights. Nothing in the Agreement grants you any right to use our trade marks, trade names, logos or branding, whether in advertising, publicity, search-engine keywords, domain names, social-media handles or otherwise, without our prior written consent.

9.4 Preservation of notices. You must not remove, obscure or alter any copyright, trade-mark or other proprietary notice appearing on or in any Content.

9.5 Reservation regarding techniques. For the avoidance of doubt, we do not claim ownership of general prompt-engineering concepts or techniques in the abstract; our rights subsist in the specific expression, wording, selection, arrangement and compilation of our Content.

10. Licence Granted to You; Permitted and Prohibited Uses of Content and AI Output

10.1 Licence to you. Subject to your payment of the applicable Fees and your continued compliance with the Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to:

(a) access and view the Digital Products for your personal use or internal use within your own business;

(b) use the prompts, workflows and guides to generate AI headshots of yourself (or of an individual for whom you have satisfied Section 8.2); and

(c) use the AI Output you generate for your personal and commercial branding purposes, including on professional networking profiles, corporate directories, websites, email signatures, conference materials, press kits and marketing of your own goods and services.

10.2 AI Output ownership. As between you and us, and subject to the terms of any Third-Party AI Platform you use, we claim no ownership of AI Output depicting your own likeness that you generate using our prompts, and we assign to you such rights (if any) as we may hold in AI Output delivered to you under the DFY Service, subject to the licence back to us in Section 5. You acknowledge that the copyright status of AI-generated images varies by jurisdiction and may be limited or uncertain, and we give no warranty as to the existence, scope or enforceability of any Intellectual Property Rights in AI Output.

10.3 Prohibited uses of Content. Except as expressly permitted in Section 10.1 or by mandatory Applicable Law, you must not, and must not permit or assist any third party to:

(a) copy, reproduce, republish, upload, post, transmit, distribute, resell, sublicense, rent, lease or lend the Content or any part of it;

(b) share, publish, leak or make available the prompts, guides or any Digital Product (in whole or substantial part) to any person who has not purchased them, whether privately, in communities, forums, file-sharing services, or "prompt marketplace" platforms;

(c) modify, adapt, translate or create derivative works of the Content for redistribution or resale;

(d) use the Content to create, train, fine-tune, seed or improve a competing product, prompt collection, dataset or service, or use the Content in connection with the training of any machine-learning model;

(e) reverse-engineer, decompile, disassemble, scrape, crawl, frame, mirror or systematically download any part of the Services;

(f) circumvent, disable or interfere with any access-control, licence-management or security feature of the Services; or

(g) claim authorship or ownership of the Content, or remove our attribution where the Content itself carries it.

10.4 Prohibited uses of AI Output. You must not use any AI Output: (a) in any manner prohibited by Section 18 (deepfakes, impersonation and fraud); (b) on or in connection with official identity documents where prohibited by the issuing authority; (c) in a manner that misrepresents your physical appearance for fraudulent purposes; or (d) in violation of the terms of the platform on which the AI Output is published or of the Third-Party AI Platform that generated it.

10.5 Revocation. The licence in Section 10.1 terminates automatically upon termination of the Agreement for your breach. Sections 10.2 and 10.4 survive termination.

11. AI-Specific Disclosures, Acknowledgements and Disclaimers

11.1 Nature of generative AI. You acknowledge and agree that generative AI systems are probabilistic, that outputs vary between runs even with identical inputs, and that no prompt, workflow or service can guarantee any particular result. In particular, you acknowledge that:

(a) AI Output may not perfectly or accurately reproduce your likeness, and may contain artefacts, distortions, asymmetries, anomalies in features such as hands, ears, teeth, eyes or hair, or stylistic deviations;

(b) the fidelity of AI Output depends heavily on the number, quality, lighting, variety and recency of your Reference Photos, and results from fewer or lower-quality reference images may be materially worse;

(c) AI Platforms change their models, safety filters, pricing and terms frequently and without notice, and prompts that produce excellent results on one model version may produce different results on another;

(d) AI Output may unintentionally resemble other real persons; you must not knowingly exploit any such resemblance;

(e) AI Platforms may apply content filters that block, alter or degrade certain generations, which is outside our control; and

(f) some platforms, employers, publications, competitions, regulators and jurisdictions restrict or require disclosure of AI-generated or AI-modified imagery, and compliance with any such restriction or disclosure obligation is solely your responsibility.

11.2 No likeness guarantee. WE DO NOT WARRANT THAT ANY AI OUTPUT WILL MATCH YOUR LIKENESS, MEET YOUR EXPECTATIONS, OR BE SUITABLE FOR ANY SPECIFIC USE. Your remedies in respect of Digital Products are limited to the refund policy in Section 14; your remedies in respect of the DFY Service are limited to the revision and refund provisions of Sections 14 and 15.

11.3 Human review. AI Output delivered under the DFY Service is curated by us but may retain imperfections. You are responsible for final review of any AI Output before publishing or submitting it anywhere.

11.4 Bias and representation. Generative models may reflect biases present in their training data, including in the rendering of skin tone, facial features, hair texture and age. We select prompts and workflows designed to mitigate such effects but cannot eliminate them and accept no liability for characteristics of Third-Party AI Platform behaviour.

12. Third-Party AI Platforms and Third-Party Services

12.1 Independent providers. The Services reference, and the DFY Service may make use of, Third-Party AI Platforms, payment processors (including Stripe), hosting providers, e-commerce and delivery tools, and analytics providers. These are independent entities that we do not control.

12.2 Your relationship with AI Platforms. Where you use a Third-Party AI Platform yourself, your use is governed solely by that platform's own terms, privacy policy and acceptable-use rules, which you are responsible for reading and complying with. You acknowledge that the platform's terms will govern matters including: ownership and licensing of generated images; commercial-use rights; content restrictions; and the platform's own processing of any images you upload to it. Uploading your Reference Photos directly to a Third-Party AI Platform is a disclosure by you to that platform, not by us, and is at your own risk.

12.3 Our use of processors in the DFY Service. Where we use Third-Party AI Platforms or processors to deliver the DFY Service, we do so as described in the Privacy Policy, under contractual arrangements consistent with the PDPA where the third party processes personal data on our behalf.

12.4 No endorsement; no liability. References to any third-party product or service do not constitute endorsement. To the maximum extent permitted by Applicable Law, we are not liable for the acts, omissions, availability, security, policies or terms of any third party, including any change to or discontinuation of a Third-Party AI Platform that affects the utility of our Content.

12.5 Links. The Website may contain links to third-party websites. We are not responsible for their content or privacy practices. Access them at your own risk.

13. Payments, Pricing, Taxes and Chargebacks

13.1 One-time payments and subscriptions. Purchases may be one-time (for example, a digital magazine or lifetime App unlock) or recurring (if a subscription is offered in the App Store or on the Website). Where a subscription is offered, additional terms shown at the point of purchase (including billing period, auto-renewal and cancellation instructions) apply.

13.2 Payment processing — Website. Website payments are processed by Stripe or such other payment processor as we may appoint. We do not receive or store your full card details. Your payment is also subject to the processor's own terms and privacy policy.

13.2A Payment processing — App. In-app purchases and subscriptions in the App are billed by Apple (or the applicable App Store operator), not by us directly. Pricing, taxes, renewals, family sharing and refunds for App Store transactions are governed by Apple’s terms and the refund policies of the App Store in your region. Manage or cancel subscriptions in your Apple ID / App Store account settings. Use in-app “Restore purchases” if entitlements do not appear after reinstall. We may use a subscription-management provider (for example, RevenueCat) solely to verify entitlement status.

13.3 Prices. Prices are displayed on the Website or in the App Store in the stated currency and may be changed at any time without notice; changes do not affect Orders already confirmed. Unless expressly stated otherwise for Website checkout, prices are inclusive of any applicable Malaysian sales or service tax; where tax must be added by law, it will be shown at checkout. App Store prices and tax handling follow Apple’s rules for your storefront.

13.4 Your payment warranties. You represent and warrant that you are authorised to use the payment method provided, and that all billing information is accurate. You must not use any payment method fraudulently or in breach of any agreement with your bank or card issuer.

13.5 Failed payments. If a payment fails, is reversed or is declined after access has been granted, we may suspend or revoke access to the affected product until payment is made in full.

13.6 Chargebacks. If you initiate a chargeback or payment dispute that we reasonably determine to be unfounded (including where you continue to use, or have fully downloaded, the product), we may: (a) contest the chargeback and submit evidence of your acceptance of these Terms, your download or usage records, and delivery confirmation; (b) suspend or terminate your access to all Services; and (c) recover from you our reasonable costs of responding to the unfounded dispute. Nothing in this Section limits any right you have under Applicable Law or your card scheme's rules to dispute genuinely unauthorised or erroneous transactions. We encourage you to contact hello@manifesto.studio to resolve any billing issue before contacting your bank — most issues can be resolved faster this way.

13.7 Set-off. We may set off any amount you owe us against any amount we owe you. You may not withhold or set off Fees against any claim you assert against us except as required by Applicable Law.

14. Refund Policy and 14-Day Guarantee

14.1 Digital Products — 14-day money-back guarantee. We offer a fourteen (14) day money-back guarantee for Digital Products: if, after making a genuine attempt to apply the prompts and materials, you find that they do not materially improve the quality of your AI headshots, you may request a full refund by emailing hello@manifesto.studio within fourteen (14) days of the date of purchase.

14.2 Conditions of the guarantee. To qualify, your request must: (a) be sent from the email address used at purchase; (b) identify the Order; and (c) include a brief description of what you tried and the results obtained (we may ask to see sample outputs solely to assist you and to assess the claim). We may refuse a refund where we reasonably determine that the request is abusive, including repeat refund claims across multiple purchases, evidence of redistribution of the Content, or no genuine attempt to use the materials. Refunds under this Section are otherwise granted in good faith and, in cases of doubt, at our reasonable discretion.

14.3 DFY Service. The 14-day guarantee does not apply to the DFY Service once work has commenced. DFY refunds are governed by Section 15.7.

14.4 Effect of refund. Upon a refund of a Digital Product, your licence under Section 10.1 for that product terminates immediately and you must permanently delete all copies of the product. Continued use or retention after refund is copyright infringement and breach of contract.

14.5 Method and timing. Approved refunds are made to the original payment method, normally within ten (10) Business Days of approval, subject to processor timelines.

14.6 No refunds for breach. No refund will be issued in respect of any purchase where your access was terminated for material breach of the Agreement.

14.7 Statutory rights. Nothing in this Section 14 excludes, restricts or modifies any guarantee, right or remedy conferred on you by the Consumer Protection Act 1999 or other Applicable Law that cannot lawfully be excluded, restricted or modified.

15. Done-for-You Service — Specific Terms

15.1 Scope. Under the DFY Service, you upload Reference Photos in accordance with Section 8 and the Privacy Policy, and we generate, curate and deliver a set of professional AI headshots in the quantity, styles and formats described on the Website or in your order confirmation.

15.2 Your inputs. Turnaround times run from the date on which we have received: (a) full payment; (b) Reference Photos meeting the published requirements (recommended eight (8) to twenty (20) well-lit face images); and (c) any style preferences requested at intake. If your Reference Photos are insufficient, we will notify you and the turnaround period will restart when adequate photos are received.

15.3 Turnaround. Published turnaround times are good-faith estimates, not guaranteed deadlines, and may be extended by high demand, Third-Party AI Platform outages or Force Majeure. If delivery has not occurred within fourteen (14) days after the estimated date, you may cancel and receive a full refund of the DFY Fee as your sole and exclusive remedy for delay.

15.4 Curation and delivery. We will exercise reasonable professional skill and care in prompt selection, generation and curation. Delivery is by download link or email to the address associated with your Order. Risk in delivered files passes on delivery; you must download and back up delivered files within thirty (30) days, after which availability of the download link is not guaranteed.

15.5 Revisions. Unless a different revision allowance is stated at purchase, the DFY Service includes one (1) round of revisions, exercisable within fourteen (14) days of delivery, limited to reasonable adjustments (style, framing, background, wardrobe direction) within the original order scope. Revisions do not include generation of a different individual's likeness or a change of the underlying Reference Photos except where the originals were inadequate through no fault of yours.

15.6 Acceptance. Deliverables are deemed accepted on the earlier of: (a) your written confirmation; (b) your public use of any delivered image; or (c) fourteen (14) days after delivery without a revision request.

15.7 DFY refunds. Before work commences, you may cancel for a full refund. Once generation work has commenced, Fees are non-refundable except where: (a) Section 15.3 (late delivery) applies; (b) we are unable to produce deliverables of reasonable professional quality from adequate Reference Photos and elect to refund; or (c) a refund is required by Applicable Law. Dissatisfaction with subjective stylistic preferences, where deliverables otherwise meet the published specification, does not of itself entitle you to a refund; your remedy in that case is the revision round in Section 15.5.

15.8 Biometric processing. The DFY Service necessarily involves processing of your biometric data. The DFY Service cannot be provided without the explicit consent described in Section 5 of the Privacy Policy, and withdrawal of that consent before delivery will be treated as a cancellation under Section 15.7.

16. Free Sample Pack and Promotional Offers

16.1 Free materials. We may offer free sample packs, previews or promotional materials. Free materials are provided "as is", for evaluation only, are licensed under Section 10.1(a)–(b) (personal use), and may be withdrawn or changed at any time. Sections 9, 10.3, 17, 20, 21 and 22 apply to free materials in full.

16.2 Promotions. Discount codes and promotions: (a) are valid only for the period and products stated; (b) cannot be combined unless expressly stated; (c) have no cash value; and (d) may be withdrawn or invalidated where we reasonably suspect abuse (including code sharing beyond intended recipients or use of multiple accounts).

17. Prohibited Conduct and Acceptable Use

You agree that you will not, and will not permit, encourage or assist any third party to:

(a) use the Services for any unlawful, fraudulent, deceptive, defamatory, harassing, hateful or malicious purpose, or in violation of any Applicable Law of Malaysia or of your own jurisdiction;

(b) upload User Content that is unlawful, infringing, obscene, sexually explicit, exploitative, or that depicts or endangers minors in any way;

(c) upload any material containing viruses, worms, trojans, ransomware, spyware, logic bombs or other harmful code, or introduce any such code into the Services;

(d) attempt to gain unauthorised access to the Services, other users' accounts or data, or any connected system or network, or probe, scan or test the vulnerability of any system without authorisation;

(e) interfere with, disrupt or place disproportionate load on the Services, including by denial-of-service attack, flooding, spamming or automated mass requests;

(f) use robots, spiders, scrapers, crawlers or other automated means to access, harvest or index the Services or any Content, except for standard search-engine indexing of public pages;

(g) resell, redistribute, share or make available any Content or Digital Product to non-purchasers, as further described in Section 10.3;

(h) use the Services or Content to develop, market or operate a product or service that competes with the Services;

(i) misrepresent your identity or affiliation, impersonate any person or entity, or falsely state or imply endorsement by us;

(j) use the Services to send unsolicited commercial communications (spam) or to operate multi-level marketing or pyramid schemes;

(k) engage in any conduct that we reasonably consider damages, disparages or brings into disrepute our name, reputation or goodwill, provided that good-faith reviews and criticism are not restricted by this paragraph;

(l) violate the publicity, privacy or data-protection rights of any person, including by uploading another person's photos without the consent required by Section 8; or

(m) attempt to do, or assist any person to do, any act prohibited by this Section 17 or Section 18.

Breach of this Section 17 is a material breach of the Agreement.

18. Anti-Misuse of AI Output: Deepfakes, Impersonation and Fraud

18.1 Core prohibition. You must not use the Services, the Content or any AI Output to create, procure or disseminate synthetic media that:

(a) depicts any real person other than yourself without the documented consent required by Section 8;

(b) is intended to deceive any person as to the identity of the individual depicted, including for catfishing, romance fraud, financial fraud, phishing or social engineering;

(c) is used to impersonate another person in any application, verification process, know-your-customer (KYC) check, examination, interview or credential assessment;

(d) constitutes or facilitates non-consensual intimate imagery of any person;

(e) is used for political disinformation, election interference or the fabrication of statements or conduct attributed to any real person; or

(f) otherwise violates any Applicable Law relating to synthetic media, identity fraud, forgery or communications offences (including the Communications and Multimedia Act 1998 and the Penal Code).

18.2 Truthful self-representation. AI headshots of yourself are intended to present you professionally. You accept sole responsibility for ensuring that your use of AI Output on any platform (including professional networking and dating platforms) complies with that platform's authenticity rules.

18.3 Reporting and cooperation. We may report suspected unlawful conduct to relevant authorities and may preserve and disclose related records where required or permitted by law. We may immediately terminate the access of any User we reasonably believe has breached this Section 18, without refund.

19. Copyright and Intellectual Property Complaints; Takedown Procedure

19.1 Respect for IP. We respect the Intellectual Property Rights of others and expect Users to do the same.

19.2 Notice of infringement. If you believe that material available through the Services infringes your copyright or other Intellectual Property Rights, send a written notice to hello@manifesto.studio with the subject line "IP Complaint", including: (a) identification of the protected work; (b) identification and location (URL) of the allegedly infringing material; (c) your name, address, email and telephone number; (d) a statement that you believe in good faith that the use is not authorised by the rights owner, its agent or the law; (e) a statement, made under awareness of liability for false statements, that the information in the notice is accurate and that you are the rights owner or authorised to act for the rights owner; and (f) your physical or electronic signature.

19.3 Our response. On receipt of a substantially complete notice we will, within a reasonable time, review the complaint, and where appropriate remove or disable access to the material, notify the uploading User (where applicable), and take repeat-infringer action under Section 19.4. We may request further information before acting.

19.4 Repeat infringers. We may terminate, in appropriate circumstances, the accounts of Users who are determined to be repeat infringers.

19.5 Misrepresentation. Any person who knowingly and materially misrepresents that material is infringing may be liable for Losses (including costs and legal fees) incurred by us or the affected User as a result of our reliance on the misrepresentation.

20. Disclaimer of Warranties

20.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE CONTENT, ALL DIGITAL PRODUCTS AND ALL AI OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.

20.2 WITHOUT LIMITING SECTION 20.1, WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, AND UNINTERRUPTED OR ERROR-FREE OPERATION, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.

20.3 WE DO NOT WARRANT THAT: (a) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (b) ANY AI OUTPUT WILL ACCURATELY MATCH YOUR LIKENESS OR BE SUITABLE FOR ANY SPECIFIC PURPOSE; (c) THE SERVICES WILL BE AVAILABLE, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (d) DEFECTS WILL BE CORRECTED; (e) RESULTS OBTAINED FROM THE SERVICES WILL BE CONSISTENT ACROSS THIRD-PARTY AI PLATFORMS OR OVER TIME; OR (f) ANY CAREER, EMPLOYMENT, NETWORKING OR COMMERCIAL OUTCOME WILL RESULT FROM USE OF ANY HEADSHOT.

20.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

20.5 Statutory carve-out. Some jurisdictions, and certain provisions of Malaysian law (including the Consumer Protection Act 1999), do not allow the exclusion of certain warranties or guarantees. To the extent such laws apply to you and cannot be excluded, the exclusions in this Section 20 apply only to the fullest extent permitted, and our liability for breach of a non-excludable guarantee is limited, where the law permits such limitation, to re-supply of the services or products or payment of the cost of re-supply.

21. Limitation of Liability

21.1 Exclusion of indirect loss. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MANIFESTO AGENCY, ITS OWNER, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, AFFILIATES OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR AGGRAVATED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, REPUTATION, ANTICIPATED SAVINGS, DATA OR DATA USE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

21.2 Specific exclusions. Without limiting Section 21.1, we are not liable for any Losses arising from: (a) your use of, or inability to use, any Third-Party AI Platform, or any act, omission, outage, model change or policy change of any third party; (b) unauthorised access to your account resulting from your failure to safeguard credentials; (c) your publication or submission of AI Output to any platform, employer, authority or other recipient; (d) any resemblance of AI Output to any third party; (e) loss or corruption of User Content that you failed to back up; or (f) events of Force Majeure.

21.3 Liability cap. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICES, HOWEVER ARISING, WILL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST SUCH CLAIM, OR RINGGIT MALAYSIA ONE HUNDRED (RM 100), WHICHEVER IS GREATER.

21.4 Non-excludable liability. Nothing in the Agreement excludes or limits any liability that cannot be excluded or limited under Applicable Law, including liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability the exclusion or limitation of which is prohibited by Malaysian law.

21.5 Allocation of risk. You acknowledge that the Fees reflect the allocation of risk in this Section 21 and that we would not provide the Services at the stated Fees without these limitations.

21.6 Claims period. To the extent permitted by Applicable Law, any claim by you arising out of the Agreement must be commenced within one (1) year after the cause of action accrues, failing which it is permanently barred. This Section does not apply where a longer mandatory limitation period cannot be shortened by agreement under Applicable Law.

21.7 Basis of the bargain. Each provision of this Section 21 is severable and is intended to allocate risk between the parties; if any provision is held unenforceable, the remaining provisions continue in effect and the unenforceable provision applies to the maximum extent permitted.

22. Indemnification

22.1 Your indemnity. You agree to indemnify, defend and hold harmless Manifesto Agency, its owner, employees, contractors, agents, licensors, suppliers, Affiliates and successors (the "Indemnified Parties") from and against any and all Losses arising out of or relating to:

(a) your use or misuse of the Services, the Content or any AI Output;

(b) any User Content you upload or submit, including any claim by an individual depicted in a photo you uploaded (whether framed in privacy, data protection, defamation, publicity rights, or otherwise);

(c) your breach of the Agreement or of any representation or warranty made by you in it;

(d) your violation of any Applicable Law or of the rights of any third party, including Intellectual Property Rights and data-protection rights;

(e) your breach of Section 8 (third-party faces and consent) or Section 18 (anti-misuse); and

(f) any unfounded chargeback or payment dispute initiated by you.

22.2 Procedure. We will: (a) notify you reasonably promptly of any claim for which indemnity is sought (delay affecting your obligations only to the extent you are materially prejudiced); (b) allow you, at your cost, to assume control of the defence and settlement of the claim with counsel reasonably acceptable to us, provided you may not settle any claim in a manner that imposes liability or admission on any Indemnified Party without our prior written consent; and (c) provide reasonable cooperation at your cost. We may participate in the defence with our own counsel at our own expense, and may assume the defence if you fail to conduct it diligently.

22.3 Survival. This Section 22 survives termination of the Agreement without limit in time.

23. Suspension and Termination

23.1 Termination by you. You may stop using the Services at any time and may request account closure by emailing hello@manifesto.studio. Termination by you does not entitle you to any refund except as provided in Sections 14 and 15.

23.2 Suspension by us. We may suspend or restrict your access to all or part of the Services, with or without notice, where we reasonably believe that: (a) you have materially breached the Agreement; (b) suspension is necessary to protect the Services, other Users or any third party; (c) suspension is required by Applicable Law or a competent authority; or (d) there is a payment failure, unfounded chargeback or suspected fraud.

23.3 Termination by us. We may terminate the Agreement and your access: (a) immediately, for material breach that is incapable of remedy or that you fail to remedy within seven (7) days of notice; (b) immediately, for breach of Sections 8, 17 or 18; (c) on thirty (30) days' notice, for convenience, in which case we will refund a fair proportion of Fees paid for any Digital Product purchased within the preceding thirty (30) days and any DFY Fees for undelivered work.

23.4 Effect of termination. On termination for your breach: (a) all licences granted to you terminate immediately and you must delete all copies of the Content; (b) no refund is payable; and (c) all Fees then due become immediately payable. On any termination, provisions that by their nature should survive — including Sections 1, 5 (as qualified therein), 7.3, 7.7, 9, 10.2, 10.4, 11, 12.4, 13.6, 14.4, 18, 19, 20, 21, 22, 23.4, 25, 26 and 29 — survive.

23.5 Data on termination. Handling of personal data following termination is governed by the Privacy Policy, including its retention and deletion schedule.

24. Force Majeure

24.1 We are not liable for any failure or delay in performing our obligations (other than payment of refunds already approved) where the failure or delay results from circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake, epidemic or pandemic, war, terrorism, civil unrest, embargoes, acts of government or regulators, law changes, strikes and labour disputes, power or telecommunications failures, internet or hosting outages, failures or policy changes of Third-Party AI Platforms or payment processors, and cyber-attacks not caused by our failure to implement reasonable security ("Force Majeure").

24.2 We will use reasonable efforts to resume performance as soon as practicable. If a Force Majeure event prevents delivery of a paid DFY Order for more than thirty (30) days, either party may cancel the affected Order and we will refund the Fees paid for the undelivered work.

25. Governing Law

The Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, is governed by and construed in accordance with the laws of Malaysia, without regard to conflict-of-laws principles that would apply another law.

26. Dispute Resolution, Escalation and Exclusive Jurisdiction

26.1 Good-faith negotiation first. Before commencing any proceedings, the complaining party must send a written description of the dispute to the other party (to us: hello@manifesto.studio) and the parties must attempt in good faith to resolve the dispute by negotiation for at least thirty (30) days from that notice.

26.2 Optional mediation. If negotiation fails, the parties may (but are not obliged to) refer the dispute to mediation administered by the Asian International Arbitration Centre (AIAC) in Kuala Lumpur under its mediation rules, with costs shared equally.

26.3 Exclusive jurisdiction. Subject to Sections 26.1 and 26.4, you irrevocably agree that the courts of Kuala Lumpur, Malaysia have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or the Services, and you irrevocably submit to that jurisdiction and waive any objection on grounds of venue or forum non conveniens.

26.4 Injunctive relief and small claims. Nothing in this Section 26 prevents: (a) either party from seeking urgent injunctive or other equitable relief in any court of competent jurisdiction to protect Intellectual Property Rights or confidential information; or (b) you from bringing a claim in any small-claims procedure or consumer tribunal (including the Tribunal for Consumer Claims Malaysia) that has jurisdiction over the claim under Applicable Law.

26.5 No class actions. To the extent permitted by Applicable Law, disputes must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class, representative or consolidated proceeding. If this waiver is held unenforceable in respect of a particular claim, it is severed only for that claim.

27. Changes to These Terms

27.1 We may amend these Terms from time to time. The current version, with its effective date, will always be posted on the Website.

27.2 For material changes, we will provide reasonable advance notice by posting a prominent notice on the Website or emailing registered Users at least fourteen (14) days before the change takes effect, except where a change is required by law or is necessary to address a security or legal risk, in which case it may take effect immediately.

27.3 Changes do not apply retroactively to Orders already confirmed, except for changes required by Applicable Law. Your continued use of the Services after the effective date of a change constitutes acceptance of the amended Terms. If you do not accept a material change, your remedy is to stop using the Services before the change takes effect.

28. Notices and Electronic Communications

28.1 Notices to us. Any notice to us under the Agreement must be sent by email to hello@manifesto.studio and is deemed received on the next Business Day after transmission, absent a delivery failure message.

28.2 Notices to you. We may give notices to you by email to the address associated with your account or Order, by posting on the Website, or by in-product message. Email notices are deemed received twenty-four (24) hours after sending, absent a bounce; posted notices are deemed received when posted.

28.3 Consent to electronic communications. You consent to receive all communications relating to the Agreement and your Orders electronically, and you agree that all electronic agreements, notices, disclosures and records satisfy any legal requirement that such communications be in writing. You are responsible for keeping your email address current and for ensuring our messages are not blocked or filtered.

29. General Provisions

29.1 Entire agreement. The Agreement constitutes the entire agreement between you and us relating to its subject matter and supersedes all prior and contemporaneous agreements, negotiations, representations, warranties and understandings, whether written or oral. Each party acknowledges that it has not relied on any statement, promise or representation not expressly set out in the Agreement; however, nothing in this Section excludes liability for fraudulent misrepresentation.

29.2 Severability. If any provision of the Agreement is held by a court or tribunal of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' intent, or, if modification is not possible, severed, and the remaining provisions will continue in full force and effect.

29.3 No waiver. No failure or delay by either party in exercising any right or remedy under the Agreement operates as a waiver of it, nor does any single or partial exercise preclude any further exercise of that or any other right or remedy. A waiver is effective only if in writing and signed by the waiving party, and applies only to the specific instance for which it is given.

29.4 Assignment. We may assign, transfer, novate or subcontract any or all of our rights and obligations under the Agreement, including in connection with a sale, merger, reorganisation, incorporation of the business, or transfer of assets, provided the assignee assumes our obligations. You may not assign or transfer any of your rights or obligations without our prior written consent; any purported assignment in breach is void.

29.5 Survival. Termination or expiry of the Agreement does not affect any rights, remedies, obligations or liabilities that accrued before termination, and the provisions identified in Section 23.4 (and any other provision that by its nature should survive) survive.

29.6 Relationship of parties. Nothing in the Agreement creates any partnership, joint venture, agency, fiduciary or employment relationship between the parties. Neither party may bind the other.

29.7 Third-party rights. Except for the Indemnified Parties (who may enforce Section 22) and our Affiliates and licensors (who may enforce Sections 20 and 21), a person who is not a party to the Agreement has no right to enforce any of its terms.

29.8 Interpretation against drafter excluded. The parties agree that the rule of construction that ambiguity is resolved against the drafting party does not apply to the interpretation of the Agreement, to the extent such agreement is effective under Applicable Law.

29.9 Cumulative remedies. Except where the Agreement expressly states that a remedy is sole and exclusive, the rights and remedies provided are cumulative and in addition to any rights and remedies provided by law.

29.10 Language. The Agreement is drafted in English. Any translation is provided for convenience only and the English version prevails to the extent permitted by Applicable Law (note that the Personal Data Protection Notice must also be made available in Bahasa Malaysia — see Section 23 of the Privacy Policy).

29.11 Export and sanctions. You must comply with all applicable export-control and sanctions laws in your use of the Services.

29.12 Headings. Headings are for reference only and do not affect interpretation.