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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, including the Community Guidelines included below.
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.
InstantAnswers 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-mInstantAnswersl 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. InstantAnswers tries to make its Services PG-13 and family friendly, but the Assets are generated by an artificial intelligence system based on user queries. 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 InstantAnswers with personal information like your email address, user name, billing information, favorites, image outputs, and text prompts that you enter, or sample images that you upload to the Service. Our policy outlining what we do with your personal information, and the rights you have with respect to your personal information, can be found . 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.
To the extent allowed by law and as between you and InstantAnswers, you own your Uploads, and you agree that InstantAnswers owns all Generations, and you hereby make any necessary assignments for this. InstantAnswers grants you the exclusive rights to reproduce and display such Generations and will not resell Generations that you have created, use Generations in any way, or assert any copyright in such Generations against you or your end users, all provided that you comply with these terms and our Content Policy. If you violate our terms or Content Policy, you will lose rights to use Generations, but we will provide you written notice and a reasonable opportunity to fix your violation, unless it was clearly illegal or abusive. You understand and acknowledge that similar or identical Generations may be created by other people using their own Prompts, and your rights are only to the specific Generation that you have created.
InstantAnswers 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 [email protected] and we will process your request.
If you purchase an unlimited plan, we will try to reasonably offer you unlimited access to the Services. However, we reserve the right to rate limit you to prevent quality decay or interruptions to other customers.
We may invoice you for your use of the Services through a third party payment service provider. The third party service provider’s terms of service shall govern and supersede this Agreement in case of conflict. You are free to cancel your plan at any time. We also reserve the right to terminate your access to the Service for any reason, including for violation of the Community Guidelines or other inappropriate use of the Service. Upon cancellation or termination, any outstanding usage fees will be charged immediately. You will not be refunded for the current pay period, but you will stop being charging after the current pay period has ended. Refunds requested within 14 days of purchase are eligable for a full refund, if no more than three images have been downloaded.
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 do other stuff, like try to get a court to make you pay our attorney’s fees. Don’t do it.
Any third-party software, services, or products you use in connection with the Services are subject to their own terms, and InstantAnswers is not responsible for third-party products.
You may provide input to the Services ("Input") and receive output generated by the Services based on the Input ("Output"). Input and Output are collectively referred to as "Content." You own all rights to your Input. Subject to your compliance with these Terms, InstantAnswers assigns to you all its right, title, and interest in and to the Output. You can use Content for any purpose, including commercial purposes, if you comply with these Terms. InstantAnswers may use Content to provide and maintain the Services, comply with applicable laws, and enforce our policies. You are responsible for your Content and ensuring that it complies with applicable laws and these Terms.
Output generated by the Services may not be unique across users, and the Services may produce the same or similar output for different users. Responses generated for other users are not considered your Content.
InstantAnswers does not use Content you provide through our API ("API Content") to develop or improve our Services. We may use Content from Services other than our API ("Non-API Content") to help improve our Services. You can learn more about how Non-API Content may be used to improve model performance. If you don't want (f) NO CLASS ACTIONS. Disputes must be brought on an individual basis only, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. In the event that this class action waiver is deemed unenforceable with respect to any particular claim, the claim must be severed from the arbitration and brought in a court of competent jurisdiction, subject to and solely for the purpose of obtaining injunctive relief pending resolution of the arbitration.
These Terms, including all referenced policies and other documents, constitute the entire agreement between you and OpenAI with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, proposals, understandings, and representations, whether written or oral, concerning its subject matter.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
You may not assign or transfer these Terms, by operation of law or otherwise, without OpenAI's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. OpenAI may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
These Terms and any action related thereto will be governed by and construed in accordance with the laws of the country of Uruguay, without regard to its conflict of laws provisions.
Any notices or other communications provided by OpenAI under these Terms, including those regarding modifications to these Terms, will be given by email or by posting to your account. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
We reserve the right to utilize client logos on our website and promotional materials, solely for the purpose of illustrating the broad spectrum of businesses that benefit from our software solutions. By using our services, you grant us permission to display your logo, understanding that no endorsement or affiliation is implied unless expressly agreed upon in a separate written agreement.
OpenAI may revise these Terms from time to time in its sole discretion. If the revisions, in OpenAI's sole discretion, are material, OpenAI will notify you by posting an announcement on the OpenAI website or by email to the email address associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
The Services provided by Instant Answers utilize ChatGPT, a language model developed by OpenAI. By using the Services, you acknowledge and agree that the use of ChatGPT is subject to OpenAI's Terms of Service and that your usage of ChatGPT must comply with those terms. You further understand and acknowledge that OpenAI retains all rights, title, and interest in ChatGPT, and you shall not use ChatGPT for any purpose that violates OpenAI's Terms of Service or applicable laws.
Please note that your use of ChatGPT through the Services is governed by both Instant Answers' Terms of Service and OpenAI's Terms of Service (https://openai.com/policies/terms-of-use ). It is your responsibility to review and comply with both sets of terms. In the event of any conflict between Instant Answers' Terms of Service and OpenAI's Terms of Service regarding the use of ChatGPT, OpenAI's Terms of Service shall prevail.
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