AMUSE TERMS & CONDITIONS
ARTWORK GENERATOR SERVICE
These Terms & Conditions apply to your use of the AG Service (as defined below), which is made available by Amuseio AB, a Swedish company with Swedish registration number 559036-7016 (“Amuse”, “we”, “us”, “our”). Our general Terms of Use are considered incorporated into these Terms & Conditions and, in the event of any inconsistency between them, these Terms & Conditions shall prevail.
THE SERVICE. The artwork generator service (the “AG Service”) is in its ‘beta’ phase, meaning it is a preliminary version of the product for the purpose of testing and feedback and is not generally available. We may change or discontinue the AG Service (or any part of it) in our sole discretion and without notice. We are not obligated to provide you with any support in respect of your use of the AG Service.
INPUT & OUTPUT. The prompt inputted into the AG Service is referred to as the “Input” and the image(s) generated by the AG Service is referred to as the “Output”. You warrant and represent that you have all rights, licenses and permissions required to provide the Input to the AG Service.
SERVICE LIMIT. The maximum number of images that you are able to generate via the AG Service is limited to 20 (or such other maximum number as we may set from time-to-time in our sole discretion) (the “Limit”). We reserve the right to reject any image(s) submitted by you via the AG Service or to remove such image(s) from distribution at any time and for any reason. Any such rejection or takedown shall not entitle you to generate any replacement image(s) and the Limit shall remain.
OWNERSHIP. As between you and us, the AG Service including, but not limited to, all related technology, data, tools and designs are the sole and exclusive property of Amuse and/or our subsidiaries and affiliates. During the Term (as defined below), we grant you a limited, non-exclusive, revocable license to make use of the AG Service in accordance with these Terms & Conditions. We assign to you all our right, title and interest (if any) in and to the Output provided always that you shall be solely responsible for the Output and its usage.
COMPLIANCE. In using the AG Service, you must comply with and are subject to all applicable laws as well as any OpenAI entity’s policies to the extent applicable (including but not limited to their Terms of Use, Europe Terms of Use, Usage policies, Sharing & Publication Policy and Service terms) and any other documentation, guidelines or policies otherwise made available to you. In addition, you shall not perform any act or omission which may place us in breach of Open AI’s Business Terms.
TERM. The “Term” begins on the date you first accept these Terms & Conditions and continues for so long as you use the AG Service or, if earlier, the date we discontinue the AG Service or make it generally available. These Terms & Conditions may be terminated by us for any reason and at any time without notice save that clauses 4, 5, 7, 8, 9, 10, 11, 12 and 13 shall survive expiry or termination for any reason.
DISCLAIMER. You acknowledge that the AG Service may not meet performance standards, may be lacking in functionality or may contain bugs or errors. THE AG SERVICE IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE AG SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AMUSE MAKES NO REPRESENTATIONS AND DISCLAIMS ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
LIMITATION OF LIABILITY. You are solely responsible for (and Amuse shall have no liability whatsoever in respect of) any breach by you of these Terms & Conditions or arising out of or in connection with your use of the AG Service including, without limitation, the Output. You agree that, to the extent permitted by law, your sole and exclusive remedy for any problems or dissatisfaction with the AG Service is to stop using the AG Service.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AMUSE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE AG SERVICE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER AMUSE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.INDEMNITY. You indemnify and hold harmless Amuse, its officers, shareholders, employees, contractors, agents, directors, subsidiaries, affiliates, successors, assigns and suppliers from and against any and all claims, losses, damages, liabilities, costs and expenses including, without limitation, legal expenses and counsel fees, arising out of or in connection with any breach or alleged breach by you of these Terms & Conditions.
REMEDY. We may take any of the following action without notice where we determine in our discretion that you are, have been or may have been in breach of these Terms & Conditions: (A) deduct any and all required sums from any accrued balance of royalty earnings credited to you; and/or (B) deduct any and all required sums from any future royalty earnings which would otherwise have been credited to you; and/or (C) charge any and all required sums to your chosen payment method (such as a debit card, credit card or PayPal account).
CONFIDENTIALITY. You acknowledge that the AG Service may only be made available to a limited number of users in a non-public manner. Any information related to the AG Service, including its existence, are considered Amuse’s confidential information and you agree not to disclose the same to any third party. You may only disclose the same where required by an order of a court or any regulatory, judicial, government or similar body of competent jurisdiction provided you promptly made us aware of the same. Such confidentiality obligations shall not apply to any information already available to or known by the public (other than as a result of a breaching disclosure by you). You shall not reverse engineer, disassemble or decompile any information, prototypes, software or any other tangible or intangible objects which embody our confidential information.
INJUNCTIVE RELIEF. You agree that any actual or threatened breach or violation of these Terms & Conditions may cause irreparable harm to Amuse in respect of which damages alone may be insufficient, in which event we shall be entitled to obtain injunctive relief in addition to all other legal or equitable remedies which we reserve in full.
DATA USAGE. You agree that we may collect, review and use data and other information regarding your use of the AG Service. We reserve the right to use such data and other information at any time and for any business purpose. Our use of any personal data is subject to our Privacy Policy.
CHANGE OF TERMS. We may, in our discretion and without notice, make changes to these Terms & Conditions at any time during the Term. It is your responsibility to check for any changes to these Terms & Conditions. Your continued use of the AG Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you check back for any changes regularly or read any notices carefully.
If you have any questions concerning the AG Service or these Terms & Conditions, please contact our Customer Support. You can also contact us at the following e-mail: support@amuse.io.
Last updated: August 1st, 2024