ArtifyBot - Terms and conditions

Thank you for using ArtifyBot (the “Services”). These Terms of Service (the “Agreement”) outline the rights and responsibilities regarding the images and other assets you generate using the Services (the “Assets”), your use of the Services, and other important topics. Please read it carefully. Our privacy policy details how we handle your data and can be found here.

This Agreement is entered into by Hodho OÜ. and the entity or person agreeing to these terms (the "Customer," “You” or “Your”) and governs the Customer's access to and use of the Services.

This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the "Effective Date") or to receive or distribute Assets. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If You do not agree to this Agreement, please stop using the Services.

Other documents referenced here may also bind Customer’s use of the Services, including the Community Guidelines below.

1. Service Availability and Quality

The Services are subject to modification and change, including but not limited to the art style of Assets, the algorithms used to generate the Assets, and features available to the Customer. No guarantees are made with respect to the Services’ quality, stability, uptime or reliability. Please do not create any dependencies on any attributes of the Services or the Assets. We will not be liable to You or Your downstream customers for any harm caused by Your dependency on the Service.

Both the Services and the Assets are provided to Customer on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Assets and assume any risks associated with use of the Services.

ArtifyBot reserves the right to suspend or ban Your access to the Services at any time, for any reason. You may not use the Services for purposes of developing or offering competitive products or services. You may not reverse engineer the Services or the Assets. You may not use automated tools to access, interact with, or generate Assets through the Services. You may not resell or redistribute the Services or access to the Services. Each user may only have one account.

You may not use the Service to try to violate the intellectual property rights of others, including copyright, patent, or trademark rights. Doing so may subject you to penalties including legal action or a permanent ban from the Service.

We reserve the right to investigate complaints or reported violations of our Terms of Service and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

2. Age Requirements

By accessing the Services, You confirm that You are at least 13 years old and meet the minimum age of digital consent in Your country. If You are old enough to access the Services in Your country but not old enough to have authority to consent to our terms, Your parent or guardian must agree to our terms on Your behalf.

Please ask Your parent or guardian to read these terms with You. If You are a parent or legal guardian, and You allow Your teenager to use the Services, then these terms also apply to You and You are responsible for Your teenager’s activity on the Services.

ArtifyBot strives to make its Services PG-13 and family-friendly, but the Assets are generated by an AI system based on user queries. This is new technology and it does not always work as expected. No guarantees are made regarding the suitability of the Assets for the Customer.

3. Your Information

By using the Services, You may provide ArtifyBot with personal information like Your email address, user name, billing information, image outputs, and text prompts that You enter, or sample images that You upload to the Service. Our privacy policy can be foundhere.

4. Content Rights

Your Rights

You own all Assets You create with the Services to the fullest extent possible under applicable law. There are some exceptions:

• Your ownership is subject to any obligations imposed by this Agreement and the rights of any third parties.
• If you upscale the images of others, these images remain owned by the original creators.

Please consult Your own lawyer if You want more information about the state of current intellectual property law in Your jurisdiction. Your ownership of the Assets you created persists even if in subsequent months You stop using the Services.

Rights You give to ArtifyBot

By using the Services, You grant to ArtifyBot, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute text and image prompts You input into the Services, as well as any Assets produced by You through the Service. This license survives termination of this Agreement by any party, for any reason.

5. DMCA and Takedowns Policy

Notification Procedures

We respect the intellectual property rights of others. If you believe that material located on or linked to by the Services violates your copyright or trademark, please send a notice of claimed infringement to [email protected]with the subject “Takedown Request,” and include the following:

• Your physical or electronic signature.
• Identification of the copyrighted work (or mark) you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise and detailed manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
• If the copyright owner’s rights arise under the laws of a country other than the United States, please identify the country.

Upon receipt of a notice that complies with the foregoing, we reserve the right to remove or disable access to the accused material or disable any links to the material; notify the party accused of infringement that we have removed or disabled access to the identified material; and terminate access to and use of the Services for any user who engages in repeated acts of infringement.

Please be aware that if you knowingly misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter-Notification Procedures

If you believe that material was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by submitting a written notification to our copyright agent designated above. Such notification must include substantially the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.

Our designated agent to receive counter notices is the same as the agent shown above.

The DMCA allows us to restore the removed content within 10-14 business days unless the complaining party initiates a court action against you during that time period and notifies us of the same.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorney’s fees) under Section 512(f) of the DMCA.

6. Dispute Resolution and Governing Law

These Terms of Use are governed by and to be interpreted in accordance with laws of Estonia, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms of Use or any dispute arising in relation to the Platform whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Tallinn, Estonia for the resolution of all such disputes.

Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.

8. Payment and Billing

We may invoice You for Your use of the Services through a third-party payment service provider. The third-party service provider’s terms of service shall govern and supersede this Agreement in case of conflict.

You can purchase credits to use the Services at any time. We also reserve the right to terminate Your access to the Service for any reason, including for violation of the Community Guidelines or other inappropriate use of the Service. Any violation of Community Guidelines is a breach of this Agreement. You will not be refunded for any unused credits, but you will not be charged for any further credits.

9. Community Guidelines

• Be kind and respect each other and staff. Do not create images or use text prompts that are inherently disrespectful, aggressive, hateful, or otherwise abusive. Violence or harassment of any kind will not be tolerated.
• No adult content or gore. Please avoid making visually shocking or disturbing content. We will block some text inputs automatically.
• Respect others’ creations. Do not distribute or publicly repost the creations of others without their permission.
• You may not use the Services to generate images for political campaigns or to try to influence the outcome of an election.
• You may not use the Services or the Assets to attempt to or to actually deceive or defraud anyone.
• You may not use the Services for illegal activity nor may you upload images to our servers that involve illegal activity, or where the uploading itself may be illegal.
• You may not intentionally mislead recipients of the Assets about their nature or source.
• Respect others’ rights. Do not upload others’ private information.
• Be careful about sharing. It’s OK to share Your creations outside of the ArtifyBot community but please consider how others might view Your content.
• Banhammer. Any violations of these rules may lead to bans from our services. We are not a democracy. Behave respectfully or lose Your rights to use the Service.

10. Limitation of Liability and Indemnity

We provide the service as is, and we make no promises or guarantees about it.

You understand and agree that we will not be liable to You or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however they arise.

You are responsible for Your use of the service. If You harm someone else or get into a dispute with someone else, we will not be involved.

To the extent permitted by law, you will indemnify and hold us harmless, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third-party claims arising out of or relating to your use of the Services and Assets or any violation of these Terms.

11. Miscellaneous

• Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
• No Agency. This Agreement does not create any agency, partnership, or joint venture between the parties.
• Severability. If any part of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
• No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.
• Survival. The sections and obligations in this Agreement that a reasonable person would expect to survive this agreement will. Particularly the IP and privacy stuff.
• Governing Law. These Terms shall be governed by the laws of the State of Tallinn, Estonia, without reference to conflict of law rules. All disputes will be governed by the arbitration agreement above.

12. Contact

If the User has any concerns, feedback, review or any request, the User is free to contact the Company at Customer care id - [email protected]