Version Effective Date: August 16, 2023
Thank you for using Decoherence media generation services (the “Services”). These Terms of Service (the “Agreement”) spell out what rights you have with respect to the Service generated images, videos, music, and other media assets, which you generate (the “Assets”), your use of the Services, and other important topics like arbitration. Please read it carefully.
This Agreement is entered into by Decoherence, Co. and the entity or person agreeing to these terms ("Customer") and govern Customer's access to and use of the Services.
This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the "Effective Date") or to receive or distribute Assets. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If you do not agree to the Agreement, please stop using the Services.
Other documents referenced here may also bind Customer’s use of this Services.
Service Availability and Quality
We are constantly evolving the Services to make them better for you. The Services are subject to modification and change, including but not limited to the art style of Assets, the algorithms used to generate the Assets, and features available to the Customer. No guarantees are made with respect to the Services’ quality, stability, uptime or reliability. Please do not create any dependencies on any attributes of the Services or the Assets. We will not be liable to you or your downstream customers for any harm caused by your dependency on the Service.
Both the Services and the Assets are provided to Customer on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Assets and assume any risks associated with use of the Services.
Decoherence reserves the right to suspend or ban your access to the Services at any time, and for any reason. You may not use the Services for competitive research. You may not reverse engineer the Services or the Assets. You may not use automated tools to access, interact with, or generate Assets through the Services. Only one user may use the Services per registered account. Each user of the Services may only have one account.
We reserve the right to investigate complaints or reported violations of our Terms of Service and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
By accessing the Services, you confirm that you’re at least 13 years old and meet the minimum age of digital consent in your country. If you are old enough to access the Services in your country, but not old enough to have authority to consent to our terms, your parent or guardian must agree to our terms on your behalf.
Please ask your parent or guardian to read these terms with you. If you’re a parent or legal guardian, and you allow your teenager to use the Services, then these terms also apply to you and you’re responsible for your teenager’s activity on the Services.
As the Assets are generated by an artificial intelligence system based on user inputs, some outputs may not be suitable for users below the age of 13. This is new technology and it does not always work as expected. No guarantees are made as to the suitability of the Assets for the Customer.
By using the Services, you may provide Decoherence with personal information like your email address, user name, billing information, favorites, image outputs, video outputs, text prompts that you enter, or sample images, video, or audio that you upload to the Service. Both parties agree to comply with all applicable data protection laws. To the extent the parties need to enter into additional terms regarding data privacy or data transfers the parties will work together in good faith to enter into such terms.
By using the Service, you acknowledge and agree that you are providing express consent to receive marketing communications from us via email. We will use the email address you provided during the sign-up process for this purpose. You have the right to opt-out of these communications at any time by clicking the 'unsubscribe' link in any of our emails or by contacting us directly.
Copyright and Trademark
You agree not to use any copyrighted material as inputs to the service without receiving all required licenses to use the work. If you upload a copyrighted work like a song or video into the Services, Decoherence is not liable for the Assets usage, and You agree to abide by all applicable copyright laws when using the Services.
Rights you give to Decoherence
By using the Services, you grant to Decoherence, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute text, video, and image prompts you input into the Services, or Assets produced by the service at your direction.
However, Decoherence is required to obtain explicit permission from you via written or electronic communication before engaging in any of the aforementioned actions involving your Assets. This ensures that your content is only used in ways that you expressly authorize, providing you with greater control over how your contributions are utilized.
This is subject to the exceptions below:
Exception 1: Improvements to the Service
This license authorizes Decoherence to use such Assets as needed, without explicit permission, to provide, maintain, and improve the Services, as well as to comply with applicable law and enforce our policies.
Exception 2: Public Assets
When you opt in to submit your content to public galleries on Decoherence's website or social channels via any existing or future features that allow you to generate Assets, Decoherence is not required to obtain any consent to utilize the Assets as mentioned.
Subject to the above license, you own all Assets you create with the Services. This does not apply if you fall under the exceptions below.
Exception 1: Non-Paid Members License Terms
If you are not a Paid Member, Decoherence grants you a license to the Assets under the Creative Commons Noncommercial 4.0 Attribution International License (the “Asset License”).
The full text is accessible as of the Effective Date here: https://creativecommons.org/licenses/by-nc/4.0/legalcode
DMCA and Takedowns Policy
Decoherence uses an artificial intelligence system trained on public datasets to produce its Assets. Such Assets may be unintentionally similar to copyright protected material or trademarks you hold. We respect rights holders internationally. If you believe your copyright or trademark is being infringed by the Service, please write to firstname.lastname@example.org and we will process your request.
Limitation of Liability
We provide the service as is, and we make no promises or guarantees about it. You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however they arise. You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved. If you knowingly infringe someone else’s intellectual property, and that costs us money, we’re going to come find you and collect that money from you. We might also try to get a court to make you pay our attorney’s fees.
- Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
- No Agency. This Agreement does not create any agency, partnership, or joint venture between the parties.
- Severability. If any part of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
- No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.
- Survival. The sections and obligations in this Agreement that a reasonable person would expect to survive this agreement, will.
Your use of the Services is subject to license and use restrictions as explained in the Creative ML OpenRAIL-M license.