TERMS OF USE
These terms govern your use of AIArt's services. By accessing our platform, you agree to these conditions.
1. ACCEPTANCE OF TERMS
Welcome to AIArt ("Company," "we," "our," or "us"). These Terms of Use ("Terms") constitute a legally binding agreement between you and AIArt regarding your use of our website, mobile applications, and related services (collectively, the "Services").
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.
These Terms apply to all users of our Services, including visitors, registered users, and paid subscribers. Additional terms may apply to specific features or services.
IMPORTANT: Please read these Terms carefully. By using AIArt, you agree to these legally binding terms and conditions.
2. DESCRIPTION OF SERVICES
2.1 AI Image Generation
AIArt provides advanced artificial intelligence-powered image generation services. Our platform allows users to create unique digital artwork using text prompts, style references, and various customization options.
2.2 Platform Features
Our Services include, but are not limited to:
- Text-to-image generation using state-of-the-art AI models
- Image editing and manipulation tools
- Style transfer and artistic filters
- Batch processing capabilities
- Cloud storage for generated content
- Community sharing features
- API access for developers
- Mobile applications and web interfaces
2.3 Service Availability
We strive to maintain 99.9% uptime for our Services. However, we do not guarantee uninterrupted access and reserve the right to modify, suspend, or discontinue any service at our discretion.
3. USER ELIGIBILITY AND REGISTRATION
3.1 Age Requirements
You must be at least 13 years old to use our Services. If you are under 18, you must have parental consent to use our platform. By using AIArt, you represent that you meet these age requirements.
3.2 Account Registration
To access certain features, you must register an account. You agree to:
- Provide accurate and complete information
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized access
- Accept responsibility for all activities under your account
3.3 Account Termination
We reserve the right to suspend or terminate your account at any time for violations of these Terms or for other legitimate business reasons.
4. USER OBLIGATIONS AND CONDUCT
4.1 Acceptable Use
You agree to use our Services only for lawful purposes. You must not:
- Generate content that violates laws or regulations
- Create harmful, offensive, or inappropriate material
- Infringe on intellectual property rights
- Attempt to reverse engineer or hack our systems
- Distribute malware or engage in cyber attacks
- Harass, abuse, or harm other users
- Use automated tools without permission
- Share account credentials with others
4.2 Content Guidelines
When using AIArt, you must ensure that:
- All prompts and generated content comply with our content policies
- You have rights to use any reference materials or images
- Generated content does not promote violence, hate, or discrimination
- You respect copyright and trademark laws
4.3 Prohibited Activities
The following activities are strictly prohibited and may result in immediate account termination:
- Creating deepfake content without consent
- Generating explicit adult content
- Violating export control laws
- Using the service for illegal activities
- Impersonating others or forging documents
5. INTELLECTUAL PROPERTY
5.1 Our Intellectual Property
AIArt and its original content, features, and functionality are owned by us and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. This includes our AI models, algorithms, software, designs, and branding.
5.2 User-Generated Content
Regarding content you create using our Services:
- You retain ownership of your original prompts and concepts
- AI-generated images may be subject to our usage rights
- You grant us a license to use your content for service improvement
- You are responsible for ensuring your content doesn't infringe others' rights
5.3 License Grants
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to:
- Access and use our Services for personal or commercial purposes
- Download and use images generated by you
- Share your creations on social media (with attribution)
- Use our API under the terms of your subscription plan
6. PAYMENT TERMS
6.1 Subscription Plans
AIArt offers various subscription plans with different features and usage limits. Pricing and features are subject to change with notice.
6.2 Billing and Payment
For paid services:
- Payments are processed securely through third-party providers
- Subscriptions auto-renew unless cancelled
- You are responsible for all applicable taxes
- Refunds are provided according to our refund policy
- Late payments may result in service suspension
6.3 Free Tier Limitations
Free accounts have usage limits and may include watermarks on generated images. Commercial use requires a paid subscription.
7. TERMINATION
7.1 Termination by User
You may terminate your account at any time through your account settings. Paid subscriptions will not be refunded for the remaining period.
7.2 Termination by AIArt
We may terminate or suspend your account immediately if you:
- Violate these Terms or our content policies
- Engage in fraudulent or illegal activities
- Fail to pay for services
- Harass other users or our staff
- Compromise our systems or security
7.3 Effect of Termination
Upon termination, your right to use our Services ceases immediately. We may delete your account and associated data after a reasonable period, except as required by law.
8. DISCLAIMERS
8.1 Service Disclaimers
Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that our Services will be uninterrupted, error-free, or secure.
AI-generated content may not always meet your expectations. The quality and accuracy of generated images depend on various factors including your prompts and our AI models' capabilities.
8.2 AI Limitations
AIArt uses advanced artificial intelligence, but our technology has limitations. Generated content should not be used for critical applications without human verification.
⚠️ IMPORTANT: AI-generated content may contain biases, errors, or unintended results. Always review and verify generated content before use.
9. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, AIArt shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our Services.
Our total liability for any claims arising from your use of our Services shall not exceed the amount you paid us in the 12 months preceding the claim.
This limitation applies to all causes of action, including but not limited to breach of contract, warranty, negligence, strict liability, and other torts.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless AIArt, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your use of our Services
- Your violation of these Terms
- Your violation of any third-party rights
- Any content you generate or upload
- Your violation of applicable laws or regulations
11. DISPUTE RESOLUTION
11.1 Informal Resolution
Before initiating formal dispute resolution, you agree to first contact us at andy@adflurrytech.com to seek an informal resolution.
11.2 Binding Arbitration
Any disputes arising from these Terms shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
11.3 Class Action Waiver
You agree that disputes will be resolved on an individual basis and waive any right to participate in class actions or representative proceedings.
12. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.
Any legal action or proceeding arising from these Terms shall be brought exclusively in the federal or state courts located in San Francisco County, California.
13. CHANGES TO TERMS
We reserve the right to modify these Terms at any time. When we make material changes, we will:
- Update the "Effective Date" at the top of this page
- Notify you via email (if you have an account)
- Post a notice on our website
- Provide a 30-day notice period for significant changes
Your continued use of our Services after such changes constitutes acceptance of the modified Terms.
14. MISCELLANEOUS
14.1 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
14.2 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and AIArt regarding our Services.
14.3 No Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
14.4 Assignment
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to any affiliate or successor.
15. CONTACT INFORMATION
If you have questions about these Terms, please contact us:
123 Innovation Drive
San Francisco, CA 94105
United States
Response within 48 hours