Welcome to Artroom.ai!
These Terms set out the rights and obligations of all users regarding the use of the Website. Your access to and use of Artroom.ai is conditioned on your acceptance of and compliance with these Terms. This Agreement applies to all visitors and users who subscribe to Artroom.ai. Please read these Terms carefully before using the Services. If You disagree with any part of these Terms, then you may not access our product or services.
Artroom.ai reserves the right to modify the Terms at any time, posting any updates on the Website. Your access or use of the services after the notice is posted indicates acceptance of those changes.
1. Registration and Access
You must be 18 years or older and able to form a binding contract with Artroom.ai to use the Services. If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials.
2. Usage Requirements
(a) Use of Services. You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services.
(b) Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may use it without restriction or compensation to you.
(c) Restrictions. You acknowledge and agree that you must be over 18 to see the NSFW content. You acknowledge and agree that you are solely responsible for any illegal artwork generated in connection with the Services. You may not (i) use the Services in a way that infringes, misappropriates or violates any person's rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law); (iii) use the Services to develop foundation models or other large scale models that compete with Artroom.ai; (iv) use any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods; (v) represent that output from the Services was human-generated when it is not.
(d) Third Party Services. Any third party software, services, or other products you use in connection with the Services are subject to their own terms, and we are not responsible for third party products.
Provided you comply with the terms of this Agreement and any relevant restrictions imposed by law, you are granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable license to use the Service for your business or personal needs. In addition, any assets you create using the Services will be owned by you, and we hereby transfer all right, title and interest in and to those assets for you to use in personal or business settings.
Upon using the Services, you hereby grant Artroom.ai, its successors and assigns an all-encompassing, perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, and irrevocable copyright license. This includes the right to use, copy, reproduce, process, adapt, modify, publish, transmit, prepare derivative works of, publicly display, publicly perform, sublicense, and/or distribute any text prompts and images inputted into the Services, or any Assets produced by the Service through your direction.
With this license, Artroom.ai is authorized to widely distribute and use the Assets to maintain, advertise, update and comply with legal guidelines and regulations. In addition, each user of the Service may gain access to your publicly available Assets and utilize them through the features of the Service. This license granted to the Artroom.ai will remain in effect even after the termination of this Agreement.
4. Intellectual Property Rights
Information and content accessible through the Services may be protected by intellectual property rights of others. You, not Artroom.ai, will be fully responsible and liable for what you create, share, upload, download or otherwise use while using the Services.
You will not engage in any activity that would cause Artroom.ai to violate IP rights and Copyrights laws and regulations, and will indemnify Artroom.ai for any fines, penalties or other liabilities incurred by Artroom.ai for your failure to comply with this provision.
You acknowledge that, as between you and Artroom.ai, Artroom.ai owns and retains all rights, title and interest in the Intellectual Property Rights in the Services. You own and retain all rights, title, and interest in the Intellectual Property Rights in your data. "Intellectual Property Rights" means: (i) copyrights and other rights associated with works of authorship; (ii) trademark and trade name rights and similar rights; (iii) trade secret rights; (iv) patents, designs, algorithms, utility models, and other industrial property rights, and all improvements thereto; and (v) all registrations, applications, renewals, extensions, continuations, divisions, or reissues now or in the future.
You, and not Artroom.ai, are responsible for maintaining and protecting all of your data. Artroom.ai will not be liable for any loss or corruption of your data, or for any costs or expenses associated with backing up or restoring any of your data.
5. Fees and Payments
Payments made by you to Artroom.ai shall be facilitated by the third party payment provider. All information that you provide in connection with the Service must be accurate, complete, and current. You agree to pay all charges incurred by any users of your credit card, debit card, or other payment method used in connection with a purchase on the Website at the prices in effect when such charges are incurred. You also agree to pay any applicable taxes, if any, relating to any purchase.
If your primary payment method fails, you authorize us to charge any other payment method in your account. If you have not provided us with a backup payment method(s) and you fail to provide payment, or if all payment methods in your account fail, we may suspend your access to the system.
We offer free and paid Services. By signing up for a monthly subscription through the website, you agree to an automatic monthly renewal. You have the ability to cancel your subscription at any time. However, please note that there will be no refunds or credits for any previously billed or paid amounts. Artroom.ai has the right to modify its prices at its discretion. If you are subscribed to a plan, any changes to pricing will become effective on the next renewal or thirty (30) days after notification, whichever is later. Your continued use of the Service after the Service fee change comes into effect constitutes your agreement to pay the modified Service fee amount.
We may provide User with Website updates from time to time at no charge during the Term of this Agreement. We may, in our sole discretion, decide whether a User can get updates and/or content updates free of charge or the User has to pay for the updates. For the purposes hereof, "Update" means a new version of the Website containing technical modifications, updated information, altered functionality, or any other changes that are intended by Licensor to improve or to add, delete or otherwise modify any aspect of the Website. "Content Update" shall mean an update of the content used by the Website that might need to be updated from time to time.
7. Risk Of Exposure
You understand and agree that using/sharing content online involves risks of unauthorized disclosure or exposure and that, in submitting your content, data to or transmitting it through the system, you assume these risks. We offer no representation, warranty, or guarantee that your data will not be exposed or disclosed through the system or through errors or the actions of third parties.
It is important to be aware of the risks that subsist on the internet and how to minimize them:
(a) Exposure to inappropriate material
(b) Illegal activities
(d) Legal and financial risks
(e) Identity theft
(g) Invasion of privacy
(h) Data breach
8. Cybersecurity Disclaimer
- Cyber Security is defined as technologies, processes, procedures and controls that are designed to protect Digital Environments from Cyber Security Incidents;
- Cyber Security Incident is defined as the loss or unauthorized destruction, alteration, disclosure of, access to, or control of a Digital Environment;
- Digital Environment is information technology systems, operational technology systems, networks, internet-enabled applications or devices and the data contained within such systems.
We have implemented administrative, physical and technical safeguards to protect Client's Personal information. We shall ensure that all such safeguards, including the manner in which Personal Information is collected, accessed, used, stored, processed, disposed of and disclosed, comply with applicable data protection and privacy laws, as well as the terms of this Agreement.
We are not liable, and you agree not to hold us responsible for any damages or losses arising out of or in connection with this Agreement, including, but not limited to:
- Your use of or your inability to use the Website and services;
- Delays or disruptions in the Website and services;
- Viruses or other malicious software incurred by accessing, or linking to the Website and services;
- Glitches, bugs, errors, or inaccuracies of any kind in the Website and services;
- Damage to your hardware device from the use of the Website and services;
- The content, actions, or inactions of third parties' use of the Website and services;
- A suspension or other action taken regarding your account.
9. Information Security Experts
(a) We regularly consult with our developers and experts if and when urgent issues arise with the Website or if there are scheduled feature releases or upgrades.
(b) Our cloud hosting provider will only be asked to access the data in the event the Website is down or is experiencing server issues.
(c) We may consult with security experts to ensure continuous Website safety and compliance.
10. Suspension Of Service
If we determine in our sole discretion that you have violated any element of these Terms, your access may be immediately suspended or terminated, up to and including the termination of the Agreement by us, with or without notice. We shall not be liable for any damages of any nature suffered by any User, or any third party, resulting in whole or in part from Company's exercise of its rights under these Terms.
11. Account Security
You are responsible for keeping the password that you use to access the Services secure and you agree not to provide your password to any third party. You are responsible for all activity using your account, whether authorized by you. Accordingly, you should notify us immediately of any unauthorized use of your account. You acknowledge that if you wish to protect your data when you are transmitting it to us, other than via the Artroom.ai Services, it is your responsibility to use a secure encrypted connection to do so.
12. Children's Privacy
Our Service does not address anyone under the age of 18 ("Children"). We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian and you are aware that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a child under age 18 without verification of parental consent, we take steps to remove that information from our servers.
14. Confidentiality, Security and Data Protection
(a) You may be given access to Confidential Information of Artroom.ai, its affiliates and other third parties. You may use Confidential Information only as needed to use the Services as permitted under these Terms. You may not disclose Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. Confidential Information means nonpublic information that Artroom.ai or its affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other nonpublic business information. Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of yours; (ii) you already possess without any confidentiality obligations when you received it under these Terms; (iii) is rightfully disclosed to you by a third party without any confidentiality obligations; or (iv) you independently developed without using Confidential Information. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to Artroom.ai and use reasonable efforts to limit the scope of disclosure, including assisting us with challenging the disclosure requirement, in each case where possible.
(b). Security. You must implement reasonable and appropriate measures designed to help secure your access to and use of the Services. If you discover any vulnerabilities or breaches related to your use of the Services, you must promptly contact Artroom.ai and provide details of the vulnerability or breach.
15. Indemnification; Disclaimer of Warranties; Limitations on Liability.
(a) Indemnity. You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys' fees) arising from or relating to your use of the Services, including any kind of illegal art being generated, content you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.
(b) Disclaimer. THE SERVICES ARE PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
(c) Limitations of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
16. General Terms
(a) Relationship of the Parties. These Terms do not create a partnership, joint venture or agency relationship between you and Artroom.ai or any of Artroom.ai's affiliates. Artroom.ai and you are independent parties and neither party will have the power to bind the other or to incur obligations on the other's behalf without the other party's prior written consent.
(b) Modifications. We may amend these Terms by posting a revised version on the Site or otherwise providing notice to you. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted, except for changes addressing new Service functions or changes made for legal reasons, which will be effective immediately. Your continued use of the Services after any change means you agree to such change.
(c) Notices. All notices will be in writing. We may notify you using the registration information you provided or the email address associated with your use of the Services.
(d) Waiver and Severability. If you do not comply with these Terms, and Artroom.ai does not take action right away, this does not mean Artroom.ai is giving up any of our rights. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that term will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.
(e) Equitable Remedies. You acknowledge that if you violate or breach these Terms, it may cause irreparable harm to Artroom.ai and its affiliates, and Artroom.ai shall have the right to seek injunctive relief against you in addition to any other legal remedies.
(f) Entire Agreement. These Terms and any policies incorporated in these Terms contain the entire agreement between you and Artroom.ai regarding the use of the Services and, other than any Service specific User Agreement or any applicable enterprise agreements, supersedes any prior or contemporaneous agreements, communications, or understandings between you and Artroom.ai on that subject.
(g) Governing Law. This Agreement will be governed by the laws of Delaware, without giving effect to the principles of conflict of law.
Questions about this agreement should be sent to us at firstname.lastname@example.org