Terms of Service - TRexAILab/XPLANET.AI GitHub Wiki

Version Effective Date: April 4, 2024

These Terms of Service (the “Agreement”) explain what rights you have with respect to images, texts, sounds, videos and other assets which you might generate with the Application, or prompts you might enter into the Application (the “Assets”), your use of the Application, and other important topics like arbitration. Please read it carefully. Our privacy policy outlines how we handle your data here.

This Agreement is concluded between the Developer of the Application ("We", "Us", "Our") and the user agreeing to these terms ("Customer ", "You" or "Your") and regulates the Customer's access to and use of the Application.

This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Application (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 Application constitutes acceptance of the updated terms. If You do not agree to this Agreement, please stop using the Application.

WE FULLY FOLLOW AND COMPLY WITH THE TERMS OF SERVICE AND OTHER DISCORD POLICIES. BY STARTING TO USE THE APPLICATION, YOU CONFIRM THAT YOU HAVE READ AND ACCEPTED THE TERMS OF SERVICE AND OTHER DISCORD POLICIES. YOU ALSO CONFIRM THAT YOU HAVE READ AND ACCEPTED THE TERMS OF SERVICE AND OTHER POLICIES OF OUR SERVICE PROVIDERS: OPENAI, LEONARDO.AI.

1. Service Availability and Quality

Both the Application 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 Application.

We reserve the right to suspend or ban Your access to the Application at any time, and for any reason. Only one user may use the Application per registered account. Each user of the Application may only have one account.

You may not use the Application 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 Application.

2. Age Requirements

By accessing the Application, 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 Application 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 Application, then these terms also apply to You and You are responsible for Your teenager’s activity on the Application.

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

3. Your Information

By using the Application, You may provide Us with personal information like username, user id, avatar, banner, image/audio/video outputs, and text prompts that You enter, or sample image/audio/video that You upload to the Application. Our privacy policy can be found here.

4. Content Rights

You are the owner of all Assets that you create using the Application, to the maximum extent possible in accordance with applicable law. Your ownership is subject to any obligations imposed by this Agreement and the rights of any third-parties. 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 downgrade or cancel Your membership.

By using the Application, You grant to Us, 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, audio, video and image prompts You input into the Application, as well as any Assets produced by You through the Application. This license survives termination of this Agreement by any party, for any reason.

5. Takedowns Policy

Notification Procedures

We respect the intellectual property rights of others. If you believe that the material posted on the Application or related to it violates your copyright or trademark, send a notice of the alleged violation to [email protected] with the subject "Deletion Request" and a detailed description, with evidence.

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 Application for any user who engages in repeated acts of infringement.

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

Counter-Notification Procedures

If you believe that the material has been deleted or access to it has been disabled by mistake or incorrect identification, you can submit a counter notification to us by sending a notification to [email protected]. Such notification should include a substantially complete description of what happened with the evidence.

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

6. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. THIS MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING THE RIGHT TO FILE A LAWSUIT IN COURT. ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, REGARDLESS OF WHETHER THEY ARE BASED ON CONTRACT, TORT, LAW, FRAUD, DECEPTION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BY A NEUTRAL ARBITRATOR. NOT IN COURT. THE JUDGE OR THE JURY, AND YOU AGREE THAT YOU WAIVE THE RIGHT TO FILE LAWSUITS IN COURT AND SEEK A JURY TRIAL. YOU AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS; CLASS ACTION AND CLASS ACTION LAWSUITS ARE PROHIBITED, AND YOU AGREE TO WAIVE THE OPPORTUNITY TO PARTICIPATE IN A CLASS ACTION.

YOU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR PERSONAL CAPACITY, AND NOT AS A PLAINTIFF OR A MEMBER OF THE GROUP IN ANY ALLEGED COLLECTIVE OR REPRESENTATIVE PROCEEDINGS.

7. Credit Policy

You will need "credits" to use some of the App's features. Each user receives a certain amount of "credits" for free. The user can get additional "credits" for their activity on the server or purchase them. The purchase of "credits" takes place through a payment operator and you must read and accept the Terms of Service of this service before making a transaction. Refunds after the purchase of "credits" are possible only upon request, within 14 days from the date of purchase. We reserve the right to refund any amount of "credits" at our discretion, and we also reserve the right to reject any refund request. The owner of the Application has the right to add or remove "credits" at any time and for any reason. The owner undertakes to warn users at least 1 month before taking any measures to cancel the "credits", except in cases of misuse.

8. Community Rules

Be kind and respect each other and staff. Do not create images, texts, sounds, videos 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 Application to generate images, texts, sounds, videos for political campaigns, or to try to influence the outcome of an election.
You may not use the Application or the Assets to attempt to or to actually deceive or defraud anyone.
You may not use the Application for illegal activity nor may you upload images, texts, sounds, videos 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.
Any violations of these rules may lead to bans from our Application.

9. Limitation of Liability and Indemnity

We provide the services as is and do not make any promises or guarantees about this. You understand and agree that we will not be liable to you or any third party for any loss of profit, use, reputation or data, as well as for any incidental, indirect, special, indirect or exemplary damages, regardless of how they arose. You are responsible for your use of the service. If you harm anyone else or get into an argument with someone, we will not participate in it. To the extent permitted by law, you agree to indemnify and hold us, our affiliates and our staff harmless from any costs, losses, liabilities and costs (including attorneys' fees) related to third-party claims arising from your use of the Application and Assets or any violation of these terms.

10. Some Clarifications

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. All disputes will be governed by the arbitration agreement above.