Terms of Use

These Terms of Use are a binding legal contract (the “Terms”, “Agreement”) between us - Roximus Limited the company registered at Pentelis, 16, 2401, Nicosia, Cyprus (collectively, “Roximus Limited”, “ArtLab AI”, “we,” “us,” or “our”) and users (“User”, “you”, “your”) of Website at https://ai-art-gen.com/ or the app (collectively referred to as the "Services," which encompass the Website and App “ArtLab AI”), and related materials use as the Agreement sets forth.

These Terms of Use apply in their entirety to your use of the Services and by using the Services you expressly accept all terms and conditions contained herein in their entirety. Please read these Terms of Use, carefully before first using the Services. You must not use the Services if you have any objection to any of these Terms.

1. Changes to These Terms

1.1. We reserve the right to modify or revise these Terms of Use at any time, and you agree to be bound by such modifications or revisions. Any changes will be effective immediately upon posting the updated Terms of Use on our Website and within the App. It is your responsibility to review these Terms periodically to stay informed of any updates. Your continued use of the Website or App after the posting of changes constitutes your acceptance of the modified Terms of Use.

1.2. If we make material changes to these Terms, we may notify you through prominent communication channels, such as email or through the app. Your continued use of the Services after such notification constitutes your acceptance of the updated Terms.

1.3. We recommend that you review this page regularly to ensure familiarity with the most current version of these Terms of Use. If you do not agree to any modifications or revisions of these Terms, please discontinue use of the Services immediately.

2. Your Privacy

2.1. We highly value your privacy, and as such, we've crafted our Privacy Policy to provide you with a clear understanding of how we handle, utilize, and safeguard information, including personal data. Your access to the App and use of the Services are governed by this Privacy Policy.

2.2. By accessing the App and/or the Website and continuing to use our Services, you are considered to have accepted our Privacy Policy. Specifically, this implies your acknowledgment of how we process your information and the legal bases for such processing, as outlined in the Privacy Policy. Please take the time to carefully read our Privacy Policy to ensure you are familiar with its provisions.

2.3. It's important to note that we retain the right to update the Privacy Policy periodically. If you find any aspect of the Privacy Policy disagreeable, it is essential to cease using the Services immediately. We encourage you to thoroughly review our Privacy Policy and contact us with any questions or concerns you may have regarding our data processing practices.

3. Age Restrictions

3.1. To download, install, access, or use the App and Services, you must have reached the age of majority or legal age in your respective jurisdiction. In most jurisdictions, this implies that you must be at least eighteen (18) years of age or older.

3.2. By using the App and Services, you confirm that you either have reached the age of majority or legal age in your jurisdiction (at least eighteen (18) years old), or you are an emancipated minor, or you possess legal parental or guardian consent. Furthermore, you affirm that you are fully able and competent to accept the terms, conditions, obligations, affirmations, representations, and warranties outlined in this Agreement. If you do not meet these criteria, please refrain from accessing or using the App.

4. Use of the Services

4.1. The main feature of our Services is an image generation tool. This tool leverages Artificial Intelligence models to transform text, photos, and/or prompts into customized images. Users can set parameters according to their preferences for a tailored creative experience.

4.2. The core functions are powered by the open-source Stable Diffusion and its derivative projects, designed for secondary development and training. These technologies adhere to the CreativeML Open RAIL-M open-source license. It must be understood that you also need to abide by this license when you use this App. Please make sure to read the precautions stipulated in this license carefully to avoid illegal use.

4.3. ArtLab AI may feature links or embedded content from third parties, the evaluation of which has not been conducted by ArtLab AI. This may encompass websites and services not operated by ArtLab AI, presented for visitor convenience, advertising purposes, or other functions in alignment with ArtLab AI's business objectives. It's important to clarify that the inclusion of links or embedded content from third parties by ArtLab AI does not imply endorsement or promotion of any products, services, or offerings by those third parties.

4.4. It is crucial to recognize that ArtLab AI holds no accountability for any third-party content linked to or embedded within its platform. Specifically, ArtLab AI disclaims any responsibility for the accuracy of information on third-party websites or the quality of products and services featured on such sites. Engaging with third-party content is done at the user's own risk, and individuals may be subject to the terms and conditions of those third-party websites.

5. Intellectual Property and License

5.1. All intellectual property featured on the ArtLab AI service, protected by copyright laws, is either proprietary to ArtLab AI or third parties. Trade names, and all content (excluding personal information) provided by the service, including text, software, scripts, code, designs, graphics, and interactive features (collectively referred to as "Content"), are considered ArtLab AI's intellectual property with all rights reserved. This exclusion does not apply to User Content, as defined in this Agreement.

5.2. Subject to full adherence to the Terms, including conditions in the Privacy Policy, ArtLab AI grants users a non-exclusive, non-sublicensable, and non-transferable license for the use of the intellectual property. This license is specifically for accessing services, utilizing ArtLab AI, and other explicitly mentioned purposes. Importantly, the Terms do not grant any direct or indirect license to use the intellectual property without explicit written consent from ArtLab AI. Ownership, rights, and interests in the intellectual property of ArtLab AI and third parties remain vested in the respective owners.

5.3. The ArtLab AI App allows users to submit content as text, photo, and/or video prompts ("Input Content") and generate new original content based on them using AI ("Output Content"). For clarity, "User Content" encompasses both Input and Output Content. Users assume all risks related to User Content usage, ensuring compliance with applicable laws.

5.4. Before uploading Input Content, users must ensure ownership, legality, social acceptability, and no infringement of third-party rights. Compliance with Section 6 is crucial; failure may result in access termination or other negative consequences. Users own all User Content, including related copyrights. ArtLab AI cannot guarantee uniqueness, originality, quality, or copyright protection.

5.5. Users grant ArtLab AI a worldwide, non-exclusive, non-sublicensable, royalty-free license to copy, reproduce, and display User Content created using the Service for promotional purposes on the Service. This license facilitates the showcasing of user-generated content within the ArtLab AI platform for promotional activities.

6. Prohibited Actions

6.1. It is prohibited to use the Services:

• (i) In any way that violates any applicable national, federal, state, local or international law or regulation;
• (ii) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
• (iii) To generate or disseminate verifiably false information and/or content with the purpose of harming others;
• (iv) To generate or disseminate personal identifiable information that can be used to harm an individual;
• (v) To defame, disparage or otherwise harass others;
• (vi) For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
• (vii) For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
• (viii) To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
• (ix) For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories; - To provide medical advice and medical results interpretation;
• (x) To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use);
• (xi) to access or use the Service to copy, modify, or create derivative works of the Service, its related software or code. Reverse engineering, disassembly, decompilation, decoding, adaptation, or any action attempting to discover source code or bypass measures preventing access to the Service is strictly forbidden;
• (xii) to use the Service from a country sanctioned by the U.S. government or for transactions involving individuals sanctioned by the U.S. government or located in sanctioned countries. Compliance with U.S. export control laws and regulations is mandatory.

Notwithstanding the above, ArtLab AI reserves the right to revoke access or use of the Service at its discretion, or to discontinue the Service altogether.

6.2. Prohibited actions while generation of User Content:

6.2.1. It is strictly prohibited to upload, create, or distribute any User Content that:

• (i) Is or may be considered illegal, defamatory, immoral, misleading, deceptive, fraudulent, indecent, hateful, offensive, obscene, pornographic, or encourages violations of laws.
• (ii) Abuses, harasses, humiliates, or intimidates any person or group.
• (iii) Advocates discrimination based on race, sex, religion, nationality, sexual orientation, disability, or age.
• (iv) Infringes any third party's intellectual property rights, privacy, or publicity rights.
• (v) Promotes crimes, offenses, or violent acts.
• (vi) Contains malicious code, viruses, worms, Trojan horses, or other harmful programs.
• (vii) Encourages illegal use of weapons or facilitates the purchase of firearms or ammunition.
• (viii) Otherwise violates any applicable law, rule, regulation, or statute.

6.2.2. By uploading Input Content to the App, you represent and warrant that:

• (i) You are the author and/or exclusive copyright holder or have obtained necessary rights and permissions for the uploaded content.
• (ii) No conflicting licenses have been granted for the Input Content.
• (iii) Permission has been obtained for the use of the image and likeness of individuals in the Input Content.
• (iv) The Input Content does not contain unauthorized third-party materials or visible trademarks without appropriate permissions.

7. Account Registration

7.1. Users can access our main features without registration; however, to upload Output content, registration is required. Account registration can be completed through the following methods:

• a) Standard Registration: To create an account, users can provide their email address and create a password.
• b) Social Media Registration: Alternatively, users can opt for social media registration by signing in with their existing accounts (e.g., Facebook, Google). By choosing this method, users authorize us to access specific information from their social media accounts, as outlined in our Privacy Policy.

7.2. Upon registration, Users acknowledge and accept full responsibility for all activities conducted under their username and password.

7.3. Users are obligated to promptly and explicitly notify the ArtLab AI through the contact details provided in this document if they suspect any compromise, unauthorized disclosure, or theft of their personal information, including, but not limited to, user accounts, access credentials, or personal data.

8. Free and Paid Services

8.1. Free Services: The App provides certain features and functionalities ("Free Services") that are accessible to registered users at no cost. These Free Services offer limited access to the App's offerings and are subject to change at our discretion. While we aim to provide a valuable experience through Free Services, it's important to note that some advanced features and functionalities may be exclusively available through our Paid Services.

8.2. Paid Services and Service Fees. The App also offers premium features and functionalities ("Paid Services") which Users can access as part of a subscription plan that provides an enhanced experience and additional features beyond what is provided as part of the Free Services.

8.3. Pricing and Descriptions: The prices and descriptions of Paid Services are detailed in the relevant sections of the application and are subject to change without prior notice. The characteristics of the chosen Paid Services will be outlined during the purchasing process.

8.4. Payment Processing: All payments are independently processed through third-party services. The App does not collect payment information, such as credit card details, but only receives notification once the payment is successfully completed.

8.5. Free Trial and Auto-Renewal: Some subscription plans may include a free trial period. After the free trial expires, an auto-renewing subscription period will commence regularly. Please note that automatic charges will apply unless you cancel your subscription at least 24 hours before the free trial period concludes. Even if you cancel, you will retain access to the basic features of the App.

8.5. Refunds and cancellations: You have the liberty to cancel your subscription to Paid Services, including Auto-Renewal Plans, at any time by deactivating the auto-renewal feature through your Apple ID or Google Play account settings. However, such cancellations do not entitle you to a refund for the remaining subscription period. To avoid charges, ensure you cancel the Auto-Renewal Plan in your Apple ID or Google Play account settings at least 24 hours before the ongoing renewal period concludes.

If you opt to cancel your Auto-Renewal Plan within an ongoing renewal period, please be aware that no portion of the Auto-Renewal fee paid for the current renewal period at the time of cancellation will be refundable.

Refunds for purchases made through your Apple ID or Google Play account will be handled by Apple or Google, not by us. It is crucial to note that your purchase will be subject to the payment policy of Apple or Google, which may not include provisions for refunds.

8.6. Third-Party App Store Purchases: The Paid Services of this App is available for purchase and must be acquired through a third-party app store. Users must follow the instructions provided on the relevant online store, such as the "Apple App Store" or "Google Play," which may vary depending on the device in use. Unless otherwise specified, purchases through third-party online stores are subject to the terms and conditions of those third parties. In case of any inconsistency or conflict, the terms and conditions of the third-party online stores shall prevail over these Terms. Users making purchases through such third-party online stores should carefully read and accept the respective terms and conditions of sale.

9. Disclaimers and Limitation of liability

9.1. By using the App and its services, you acknowledge and agree that your utilization is entirely at your own risk. The services, along with all materials, information, software, and content integrated into the App, are provided on an "as is" and "as available" basis. We make no warranties, either express or implied, regarding the merchantability, technical compatibility, or fitness for a particular purpose of any service, products, or materials provided under this Agreement. We do not guarantee the availability, uninterrupted or error-free operation of the functions within the services, the correction of any defects, or the absence of viruses or other harmful components on the services or servers making the service available.

9.2. We bear no liability for any violations stemming from your use of the App, including breaches of intellectual property rights of third parties or unauthorized access by any third party. We cannot ensure that the results of the service will meet your expectations

9.3. The Service may experience periods of inaccessibility or malfunctioning with Users' web browsers, mobile devices, and/or operating systems. We are not liable for any perceived or actual damages resulting from the content, operation, or use of this Service.

9.4. You commit to defending, indemnifying, and absolving us, including our officers, directors, employees, agents, subcontractors, licensors, and suppliers, as well as any affiliated companies, organizations, successors, assigns, or licensees, from and against any claims, actions, demands, damages, losses, liabilities, judgments, settlements, costs, or expenses (including attorneys’ fees and costs). This indemnification applies directly or indirectly to: a) the breach of these Terms of Use by you or anyone using your computer, mobile device, password, or login information; b) any claim, loss, or damage resulting from your use or attempted use of (or inability to use) the Service; c) your violation of any law or regulation; or d) any other matter for which you are responsible under these Terms of Use or any applicable law. You agree that your use of the Service will comply with all relevant laws, regulations, and guidelines.

9.5. To the fullest extent permitted by applicable law, ArtLab AI explicitly disclaims all warranties, whether expressed or implied, written or oral, arising from the course of dealing, performance, trade usage, or other circumstances. These disclaimed warranties encompass, but are not restricted to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any notion that your use of ArtLab AI will result in sales or other financial benefits for you. In no event will we be liable for any damages in excess of fifty US dollars ($50).

10. Choice of Law and Dispute Resolution

These Terms of Use and any non-contractual obligations arising from or related to them will be governed by and construed in accordance with the laws of Cyprus, disregarding any conflict of laws, principles or rules. All matters concerning the performance of these terms will be construed, interpreted, applied, and governed entirely in accordance with the laws of Cyprus, regardless of the actual state or country of residence or incorporation of the User. The courts of Cyprus will exclusively have jurisdiction over any disputes arising from or related to this Agreement and its performance.

11. Termination

11.1. These Terms of Use will remain in effect until terminated by either you or us.

11.2. You have the option to terminate these Terms of Use at any time by discontinuing further use of the Service. Additionally, if available through the Service, you can terminate your user account using the appropriate deletion functions.

11.3. In the event of a violation of these Terms of Use, we reserve the right to terminate your access to the Service, including the termination of your account.

11.4. We reserve the right, at our sole discretion, to terminate these Terms of Use, your access to the Service (either in part or entirely), or your account, at any time and for any reason, without incurring penalties or liabilities to you or any third party. If you breach these Terms of Use, these actions are supplementary to, not a replacement for, or a limitation of any other rights or remedies available to us. Upon termination by either party, you must promptly uninstall the App on all your devices and dispose of all downloaded or obtained materials, documentation, and copies. The following provisions persist beyond the termination or expiration of these Terms of Use: Intellectual Property and License, Disclaimer and Limitation of Liability, Indemnity, Choice of Law and Dispute Resolution, and Severability.

12. Severability

Should any provision of this Agreement be deemed illegal, invalid, or unenforceable at any point, such a provision will be interpreted more narrowly to render it legal, valid, and enforceable, or if such interpretation is not feasible, the provision will be deleted. The remaining terms of this Agreement will remain in full force and effect.

You are not permitted to assign, transfer, or claim to assign or transfer the contract between you and us to any other individual or entity.

13. Prohibited usage

During Service usage, Users must adhere to the guidelines outlined in these Terms. These guidelines are rooted in upholding the rights of fellow Users and third parties, adhering to legal standards, and preventing deceitful or unethical behavior.

The list of prohibitions and restrictions specified in the Agreement is not exhaustive. At times, user actions or posted content may be deemed contrary to principles of fairness, morality, or legal norms, subject to our discretion.

While using the Platform, the User is prohibited to:

• to engage in threatening, abusive, harassing, or privacy-invading behavior towards any third party. Additionally, interfering with another user's ability to use or enjoy our Services is strictly prohibited.
• impersonating any individual or entity, or misrepresenting or disguising your identity. Misrepresenting your professional or other affiliations with us or any other party is not allowed. Using our Services in a way that implies an association with our products, services, or brands without written agreement is prohibited. Providing false information or concealing your identity or location, including bypassing limits associated with promotions or offers, is also prohibited.
• directly or through any device or other means, tamper with or bypass any copyright, trademark, or other proprietary notices on our Services or Content. This includes interfering with or attempting to bypass any digital rights management mechanisms or content protection measures associated with our Services or content. Additionally, you may not copy, download, stream, capture, reproduce, distribute, modify, transmit, or sell our Services or Content, or any part thereof, without express written permission from us.
• inserting code into our Services or uploading viruses or other harmful computer materials is strictly prohibited. Doing so could disrupt, damage, or limit the functionality of our Services or associated computer systems, or facilitate unauthorized access to our Services or the content of ours or any third party.
• send, post, or transmit over the Service any content that is illegal, hateful, threatening, insulting, or defamatory; infringes on intellectual property rights; invades privacy; or incites violence;
• upload, download, post, reproduce, or distribute any content protected by copyright or any other proprietary right without first having obtained permission from the owner of the proprietary content;
• upload, download, post, reproduce, or distribute any content that includes sexual or explicit depictions of minors or may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing or defamatory;
• take any action that could potentially impose an unreasonable or disproportionately large load on our infrastructure;
• using any portion of the Services or Content for commercial purposes, including building a business, reselling, redistributing, or making any other commercial use of the Services or Content, whether for profit or not. This includes creating derivative works or materials based on the Services or Content.

It is your responsibility to comply with all relevant local, state, national, and international laws, treaties, and regulations when using the Services. We retain the right, at any time and at our sole discretion, with or without prior notice, to suspend and/or terminate accounts and/or services of any users who violate any applicable laws or these Terms, whether through repeated violations or a single instance.

You accept and agree that in the event of a breach of these Terms by you, you forfeit any and all unused portions of your subscription, and any fees paid hereunder are non-refundable to the maximum extent provided by law.

14. How to report possible violations of these Terms?

If you encounter content or behavior that you believe fails to comply with our Terms or applicable laws on the Services, we encourage you to report it to us.

If a report lacks sufficient information for us to clearly determine whether the content is illegal, we will either ask you for more details or choose not to remove the content in question.

Compile a Notice containing the following information:

1. A detailed explanation of why you believe the content or user behavior violates applicable laws or our Terms.
2. Identification of any copyrighted work allegedly infringed, if applicable.
3. A clear indication of the exact electronic location of the content, such as URLs or screenshots, to aid in its identification.
4. Your contact information, including your full name, physical address, and email address. If applicable, provide information about your authorized representative.
5. A statement affirming your good-faith belief that the use of the content is not authorized by you, your authorized representative, or the law.
6. A statement affirming the accuracy of the information provided in the Notice under penalty of perjury.
7. Your physical or electronic signature.

Send the completed Notice to us via email at [email protected] or by registered mail to the following address:

We evaluate your Notice and if we find that a breach has occurred, we may take appropriate action, which could include termination of the user's account limitation or suspension of the provision of services, or removal or restriction of the reported content.

We will communicate the outcome of our review and any actions taken to the user via email or other provided means of contact. We take reports of unacceptable use of our services seriously and appreciate your cooperation in helping us maintain a safe and compliant platform for all users.

15. Contact Us

If you have any questions, please contact us:

Roximus Limited, registration number HE353633, (“Contractor”), with its principal place of business registered at Pentelis, 16, 2401, Nicosia, Cyprus
Email: [email protected].