AlkaidVision Terms of Service
Last updated: September 19, 2023
Welcome to AlkaidVision. These Terms of Service ("Terms") govern your use of the website and any other website (collectively, "Website"), which are owned and operated by ALKAID PTE. LTD., a private company based in Singapore (referred to as "Company", "we" and "us").
These Terms are binding between you and Company as contract. By accessing or using the Website in any manner, including using the services and resources available via the Website, any application programming interface, software, plug-in, tools, developer services, data and documentation provided by Company (each a "Service" and collectively, the "Service"), you confirm that you have read, understand and agree to be bound by these Terms. If you do not agree to be bound by these Terms, you may not access or use the Website or the Services. These Terms of Service and any applicable supplemental provisions, including specific licenses, Privacy Policy, are collectively referred to herein as the "Agreement".
Index
1. Account and Registration
2. Our Services
3. Content
4. Pricing and Payment
5. Intellectual Property Rights
6. Limitation of Use
7. Change and Termination of Terms
8. Disclaimer, Limitation of Liability and Indemnification
9. Procedure for Making Claims of Copyright Infringement
10. Privacy Protection of Children
11. International Users
12. Dispute Resolution
13. General Provisions
1. Account and Registration
To access and utilize the Services and the Website, you are required to register an account on the Website to be a registered user. In registering an account on the Website, you must be at least 18 years old and capable of entering into a legally binding contract with us. If you use the Services on behalf of another person or entity, you must possess the authority to accept these Terms on their behalf. You are required to provide true, accurate, current and complete information when registering for an account.
Notwithstanding anything to the contrary herein, you agree that you shall have no ownership and other property interest in your account. You are accountable for all actions taken using your access credentials. By submitting Your Content to any forums, comments, or any other area on the Website and Services, you hereby expressly permit Company to identify you by your username (which may be a pseudonym) as the contributor of Your Content (as defined below) in any publication in any form, media or technology now known or later developed in connection with Your Content.
2. Our Services
The Services we offer leverage the power of AI models to streamline the creative process, allowing you to generate visually creative images and videos in just a few minutes. Our cutting-edge technology gives you the flexibility to choose a variety of AI models, including general or fine-tuned ones, promoting the generation of a wide range of production-ready images and videos.
3. Content
3.1 Ownership of Your Content.
You may provide input using the Services ("Input"), and receive output generated and returned by the Services based on the Input ("Output"). Input and Output are collectively referred to as "Content". When you use the Website and Services in any way, any Content that you upload, post, e-mail, transmit or otherwise make available through the Website and Services is referred to as "Your Content". Similarly, all Content provided by you and other registered users of the Company is referred to as "User Content".
As between you and the Company and to the extent permitted by applicable law, you represent and understand that you have ownership or lawful right to use Your Content. By posting or sharing Your Content within the Website or Services in your account, you affirm that you possess a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license (including moral rights) to utilize, license, alter, adapt, publish, translate, generate derivative works, distribute, gain revenue or compensation from, and publicly communicate, perform, and display Your Content, either wholly or partially, on a global scale. This right extends to incorporating Your Content into other creations, utilizing any existing or future forms, media, or technologies, for the entire duration of any applicable global intellectual property rights pertaining to Your Content. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
3.2 Use of Content
3.2.1 License to Your Content.
Subject to any applicable account settings that you select, you grant Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing Services to you and to other registered users. Please remember that other registered users may search for, see, use, modify and reproduce any of Your Content that you make available through the Website and Services pursuant to the level of openness (except for "private") at your discretion.
Registered users own the rights to use, copy, reproduce, process, adapt, modify, publish, transmit, create derivative works of, publicly display, publicly perform, sublicense, and distribute text prompts and images you input into the Services or any assets produced by the Services at your direction. Company has the right to make the assets available to the public and use them commercially, including for the purposes of providing, maintaining, promoting, and improving the Services.
3.2.2 Use of Content to Improve Services.
To help Company provide and maintain the Services, you understand and agree that Input, Output and Your Content may be used by the Company to train, enhance, evolve and improve its AI models, algorithms and related technology, products and Services (including for labeling, classification, content moderation and model training purposes). As such, you hereby grant to the Company a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, fully paid, transferable, sublicensable right and license to use any of Your Content or otherwise generated in connection with your use of the Services at any point, in connection with the purposes described above.
3.2.3 Use of Content for Advertising Purposes.
For any images or models not set to private, you agree to grant to the Company a royalty-free, fully paid, non-exclusive, non-transferable, non-sublicensable license to use Your Content for advertising purposes, including, but not limited to, posting Your Content on our Website.
3.3 Responsibility for Content
You acknowledge that all Content is the sole responsibility of the party from whom such Content originated. This means that you, and not Company, are entirely responsible for Your Content. You affirm that the models and materials you employ either adheres to the licensing prerequisites established by the developer or is a creation of your own.
You acknowledge that Company has no obligation to pre-screen Content (including but not limited to User Content), but reserves the right to do so at its discretion. By agreeing to these Terms, you provide your irrevocable consent to such monitoring. You understand that there's no expectation of privacy for Your Content transmission. If the Company removes or deletes Content such as violating or objectionable ones, it's for Company's benefit, not yours.
3.4 Similarity of Content.
Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output for or a third party.
3.5 Storage.
Unless expressly agreed otherwise in writing, the Company isn't obliged to store Your Content on its properties. It's not responsible for Content deletion, accuracy, transmission, security, privacy, or storage. You can set access levels for Your Content, but if not chosen, default settings may apply. The Company can impose reasonable limits on its use and storage of Content, including Your Content, based on factors like file size and processing capacity, as determined by the Company.
4. Pricing and Payment
4.1 Subscription.
While many features of our Services are available at no cost, there are specific features that are offered for a fee. You must sign up for a subscription (“Subscription”) to order our paid-for Services. Your order for a Subscription constitutes an offer by you to enter a subscription agreement (a “Subscription Contract”) with us. We will confirm our acceptance of your order by sending you a confirmation email (the “Confirmation Email”). These Terms will become legally binding on you and us with respect to each Subscription when we send you the Confirmation Email for such Subscription. Please note that all fees, unless expressly stated in these Terms, are non-refundable to the maximum extent allowed by applicable law.
4.2 Payment Method.
Upon placing an order, you agree to make payment using the specified payment methods and authorize the Company and/or the applicable third-party payment processor to charge your selected payment method (“Payment Method”). You will be responsible for any taxes, tariffs, levies, or duties applicable to your payment, except for taxes applied to the Company’s net income. Unless otherwise stated, all transactions with the Company are in U.S. dollars. It is your responsibility to ensure the accuracy of the credit and debit card information or other payment method details you provide to us. Do not disclose your payment information and account information to anyone. If your account information is lost or stolen, anyone who obtains it may use the associated payment methods. You are liable for all transactions on your account, including unauthorized ones. Please note that we will not be held responsible for any errors caused by third-party payment processors we may utilize.
4.3 Price Change.
Unless otherwise agreed upon in a separate contract, you acknowledge and agree that fees for accessing or using the Services are subject to change at any time. Additional fees may be applicable for additional Services or features that the Company may offer. In such cases, we will notify you before charging any additional fees. You will have the opportunity to review and accept the additional fees before being charged. If you do not accept the additional fees, we may discontinue your access to the paid Services or features.
4.4 Subscription Term and Automatic Renewal.
Your Subscription Contract may include a minimum term known as the “Initial Term.” The duration of the Initial Term will depend on the type of Subscription you have chosen, either one month or one year. After the Initial Term, your Subscription Contract will automatically renew, and your Payment Method will be charged. Each renewal will be for a term equal to the duration of the Initial Term, and these renewals will continue to incur charges. Each renewal term is referred to as a “Renewal Term.” This Subscription will continue to automatically renew, and we will charge your Payment Method for each Renewal Term, unless the Subscription is canceled as described in Section 4.5.
4.5 Subscription Cancellation.
You can cancel your Subscription at any time by using the method provided through our Service. To avoid renewal and charges for the next Renewal Term, please cancel your Subscription at least 30 days before the last day of the Initial Term or any previously paid Renewal Term. If you cancel, fees will not be refunded, but you will have access to the Services until the end of the Initial Term or any previously paid Renewal Term.
4.6 Change of Subscription Plan.
We provide both monthly and yearly subscription plans for our Services. You have the option to switch plans, for example, from a monthly plan to a yearly plan or vice versa, in a new subscription period. The change in subscription will be effective after the current Subscription term has expired.
4.7 Token.
Chromox may provide and agree to the use of on-platform points, referred to as 'Token'. Your usage of Token is governed not only by these Terms but also by the
Token Terms, which are an integral part of these Terms as referenced herein.
5. Intellectual Property Rights
5.1 Company Intellectual Property.
Company is the provider and owner of the Website and Services. You acknowledge that Company owns all rights of the Website and Services, including title and proprietary interests. The Company's name, logo, and all related names, logos, product and Services names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the Company's prior written permission. Any third-party trademarks, registered trademarks, and product names mentioned on the Website are the property of their respective owners and mention of such does not imply endorsement, sponsorship, or recommendation by the Company.
5.2 Your License.
We grant you a license to use the Services for personal and commercial purposes, but please note that the Services and its contents, features, and functionality are owned by the Company, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5.3 Restrictions.
You are not allowed to reproduce, copy, modify, or distribute any of the proprietary material on our Website or of or relating to our Services, which includes downloadable plug-ins, UX, UI, and process methodologies. If we provide desktop, mobile, or other applications for download, you agree to be bound by our end-user license agreement for such applications.
5.4 No Infringements.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
6. Limitation of Use
a. About Usage Restrictions
- Modify, decompile, or reverse engineer materials and software.
- Remove copyright or proprietary markings.
- Transfer or mirror materials on other servers.
- Harvest, collect, or gather user data without the user's express consent.
b. Disruptive Behavior
- Abuse or disrupt networks or services.
- Send unauthorized advertising or spam.
c. Unlawful Material
- Generate explicit, harmful, or abusive content.
- Violate privacy, intellectual property, or third-party rights.
- Promote hatred, violence, or discrimination.
- Avoid content endangering individuals or groups.
- Generate content that includes depictions of animal cruelty or harm to animals, including acts of violence or torture.
- Create explicit depictions of sexual abuse, sexual violence, explicit pornography, or any form of non-consensual acts.
- Generate content involving child exploitation or nudity.
d. About Content Standards
- Create content that's obscene or offensive.
- Generate non-consensual or misleading content.
- Impersonate individuals or creating defamatory content.
d. Our Discretion
- Content that, in sole discretion of Company, may be deemed unsuitable by AlkaidVision team.
Any violation of these terms may result in immediate termination of your access to the Services. The Company may take further action, including reporting violations to law enforcement authorities, as deemed appropriate. The Company reserves the right to block, restrict, or delete content that violates these terms, in its sole discretion, without prior notice or liability.
7. Change and Termination of Terms
We reserve the right to change these Terms at any time, but if we do, we will place a notice on our site located at https://www.alkaidvision.com/, and/or notify you by some other means. These Terms will continue to apply as long as you access and use our Services. We may terminate your access to or use of the Services at any time, without prior notice, if you violate any of these Terms or engage in any suspected fraudulent, abusive, or illegal activity. Termination of your access will be in addition to any other legal or equitable remedies we may have.
8. Disclaimer, Limitation of Liability and Indemnification
8.1 Disclaimer.
Your use of the Services is at your own risk and the Services are provided on an "as is" and "as available" basis without any warranties, express or implied. We do not make any express warranties and we hereby disclaim all implied warranties regarding the Services, including warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, or reliability. We cannot guarantee that:
- Your access to or use of the Services will meet your requirements.
- Your access to or use of the Services will be uninterrupted, timely, secure, or free from errors.
- Usage data provided through the Services will be accurate.
- The Services or any content, services, or features made available on or through the Website are free of viruses or other harmful components.
- Any data you disclose when you use the Services will be secure.
You accept the inherent security risks of providing information and dealing online over the internet and agree that we have no liability or responsibility for any breach of security unless it is due to our gross negligence.
8.2 No Liability for Conduct of Third Parties.
You acknowledge and agree that the Company, its affiliates, and their licensors, service providers, employees, agents, officers, or directors (each, a "Company Party" and collectively, the "Company Party") are not liable, and you agree not to seek to hold Company Parties liable, for the conduct of third parties and the goods or services provided by third parties, including operators of external sites. If you decide to access any of the third-party websites linked to our Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
8.3 No Liability for Conduct of Other Users.
You are solely responsible for all of your communications and interactions with other users of the Services. You understand that Company does not make any attempt to verify the statements of users of the Services. Company makes no warranty regarding the accuracy, timeliness, truthfulness, completeness or reliability of any user content obtained through the Services.
8.4 No Liability for Information Posted.
The information presented on or through the Website and the Service is made available solely for general information purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. You are responsible for any reliance you place on such information at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website and the Services, or by anyone who may be informed of any of its contents.
8.5 Limitation of Liability.
To the fullest extent provided by law, in no event will Company Parties be held responsible for any damages of any kind that may arise out of or in connection with your use of the Website and the Services. This includes indirect, special, incidental, consequential, or punitive damages such as personal injury, loss of revenue, loss of reputation, or loss of data. We have made the Website available to you and entered into these terms in reliance upon the warranty disclaimers and limitations of liability set forth herein. Please note that this does not affect any liability that cannot be excluded or limited under applicable law.
8.6 Indemnification.
To the fullest extent allowed by law, you are responsible for defending, indemnifying, and holding the Company and its past, present, and future employees, partners, contractors, consultants, suppliers, vendors, service providers, agents, representatives, predecessors, successors, and assigns (the "Indemnified Parties") harmless from all claims, demands, actions, damages, losses, costs, and expenses (including attorneys' fees) that arise from or relate to: (i) your use of the Website or any Services, (ii) your responsibilities under these Terms, (iii) your violation of these Terms, (iv) your violation of any applicable laws or regulations, or (v) your violation or infringement of any rights of any other person or entity.
The Company has the right to control the defense, at your expense, of any claim subject to indemnification. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Company.
9. Procedure for Making Claims of Copyright Infringement
It is Company's policy to terminate Services of any registered user who repeatedly infringes copyright upon prompt notification to Company by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, you may submit a takedown notice to us at support@alkaidvision.com:
- Identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim are being infringed;
- Identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., URLs) on the Website of the material claimed to be infringing, so that we may locate the material;
- Your contact information – at a minimum, your full legal name (not a pseudonym) and email address;
- A declaration that contains all of the following:
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law;
- A statement that the information in the notice is accurate;
- A statement under penalty of perjury that you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed.
- Your physical or electronic signature (of your full legal name).
Please note that we will forward your notice of intellectual property infringement, including your contact information, to the party who will have their content removed so they understand why it is no longer available on our Services and can also contact you to resolve any dispute.
10. Privacy Protection of Children
The Children's Online Privacy Protection Act ("COPPA"), the General Data Protection Regulation ("GDPR"), and other relevant laws and regulations impose requirements for the protection of Children's information. We do not knowingly collect or solicit personally identifiable information from children under 18 years of age; if you are a child under 18 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If you believe that a child under 18 years of age may have provided us personal information, please contact us at support@alkaidvision.com.
11. International Users
Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Company intends to announce such Services or Content in your country. Company makes no representations that the Website and Services are appropriate or available for use in your country. Those who access or use Services from other countries do so at their own volition and are responsible for compliance with local law.
12. Dispute Resolution
Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with Company Parties and limits the manner in which you can seek relief from the Company Parties.
12.1 Applicability of Arbitration Agreement.
You agree that any dispute between you and any of the Company Parties (each a "Party", collectively, "the Parties") relating to or arising out of the Services or this Agreement as described herein, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail within sixty (60) days of the dispute, the Parties shall then submit the dispute to binding arbitration, rather than in court. For purposes of this Arbitration Agreement, "Dispute" will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Agreement as well as claims that may arise after the termination of the Agreement.
12.2 Procedure of Arbitration.
1.Unless the Parties otherwise agree, the arbitration will be conducted in Singapore. The Dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") under the SIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
2.The arbitration proceedings shall be conducted in English. The arbitration shall be bound by governing law as the laws of Singapore.
3.Each Party shall pay their own costs and fees of the arbitration and will split the cost of the arbitrator. The Parties waive any rights they may have to a jury trial or participate in a class action in regard to arbitral claims. The arbitration shall be conducted in full and completed no later than 90 days from the date an arbitrator is appointed.
12.3 Arbitrator.
The arbitration shall be conducted by a single arbitrator. If the Parties cannot agree on the selections of an arbitrator within 20 days of commencement of an arbitration proceeding, the arbitrator will be chosen by SIAC. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual party under applicable law, the arbitral forum's rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The award of the arbitrator is final and binding upon the Parties.
13. General Provisions
13.1 Severance
If any term of these Terms is void or unenforceable, it is severed to that extent. The validity of the remainder of these Terms is not affected.
13.2 Governing Law.
These Terms and your access to any use of the Website and Services are governed by and construed in accordance with the laws of Singapore without giving effect to any choice or conflict of law provisions.
13.3 Assignment.
This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Company's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
13.4 Force Majeure.
Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
13.5 Questions, Complaints, Claims.
If you have any questions, complaints or claims with respect to Company Properties, please contact us at: support@alkaidvision.com. We will do our best to address your concerns.
13.6 Privacy Policy.
We take the privacy of our users very seriously. For the current AlkaidVision Privacy Policy, please click
here.
13.7 Choice of Language.
It is the express wish of the parties that these Terms of Service and all related documents have been drawn up in English.
13.8 Notice.
Where Company requires that you provide an e-mail address, you are responsible for providing Company with your most current e-mail address. In the event that the last e-mail address you provided to Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Company's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Company at the following address: support@alkaidvision.com.