GenPix - Terms of use

Welcome to GenPix! GenPix is a mobile software applications (an “App”) allowing you (“you,” “your,” or “User”) to create, edit and share photos, images, remakes.

By using any materials through GenPix (hereinafter referred to as “the company”) app, it means that you have read this Terms of Use (the “Agreement”) and agree to be bound by this Agreement. The company reserves the right to suspend or terminate your account without notice in case of violation of the terms of this Agreement. The content of this Agreement is as follows:

■ The company has the right to amend and edit the individual part or the whole of this Agreement at any time, and any changes will take effect from the date of publication. If for any reason you do not agree to this Agreement and accept its terms, you will not be able to enter the app and use its services.

■ All materials in the company are original designs, mainly used but not limited to Instagram story and reels, and there will be opportunities to support more social platforms in the future. Without the prior written consent of the company, users are not allowed to use, imitate or modify the materials from the company without permission.

■ Use of the services

The service is to provide a platform for users to create, edit and share photos, images, remakes.
The use of the service is limited to online.
Minors should obtain the consent of their guardians and read the terms of service together before using the service.
If someone takes legal action against any material you use, you must stop using the material, delete or remove the material, and let us know.

■ Subscription service

Depending on features and editing functions, you may choose the following plans to subscribe to GenPix: 1) Monthly subscription (with automatic renewal) 2) Yearly subscription (with automatic renewal). Paid members could enjoy more advanced services of materials/features.
The subscription automatically renews after 1 month or 1 year from the date of purchase. Subscriptions can be canceled by the user prior to automatic renewal. If the user cancels the subscription, or if the company is unable to complete the next payment, the content and tools on GenPix will become unavailable from the first day after the end of the paid period. After subscribing to GenPix, the user with annual payment plan can enjoy a 3-day trial period for free, and the user with monthly payment plan has no free trial period. After the free trial, the user agrees to enable the automatic renewal and convert to the subscription plan selected by the user, unless the user cancels the automatic subscription plan before the billing date.
If the user wants to upgrade or downgrade his/her subscription plan (for example, changing from a monthly subscription to an annual subscription is an upgrade, and changing from an annual subscription to a monthly subscription is a downgrade), the user is only allowed to upgrade or downgrade to the new plan after the existing subscription plan expires.
If the user cancels the automatic renewal of GenPix, the content and tools included in GenPix will not be available from the first day after the end of the paid period. If the user wants to terminate the subscription service, he/she can cancel the subscription through the settings in the iOS mobile phone.
The company may, but is not required to, notify users of GenPix subscriptions that are about to expire. However, for business or technical reasons, we may terminate this service.
This subscription service will be terminated due to the following circumstances: (1) The user terminal proposes termination by itself. (2) The company terminates the provision of subscription services for business or technical reasons. (3) Based on unresistable reasons, including natural disasters, such as typhoons, earthquakes, floods, etc.; government actions, such as expropriation, etc.; social events, such as strikes, riots, etc., the company may terminate the provision of subscription service at its own initiative.

■ Payment and Refund

After the user participates in subscription service, he/she must pay the fees corresponding to different plans. The user authorizes the company to charge the credit card submitted to the company, and agrees that third-party credit card processing companies may store relevant financial information. The user’s obligation to pay fees continues until the end of the subscription period.
All fees are non-refundable, and no refunds or discounts will be given during partial use.

■ Prohibited Uses

By using the Services, you agree not to engage in, or encourage anyone to engage in, any of the following prohibited activities:

Infringing, violating GenPix’s copyright, trademark, or any other intellectual property right.
Infringing, violating intellectual property rights of others, such as patent, or trademark rights, and copyrights, or any other rights of anyone, including but not limited to privacy rights. Uploading information or content that we consider to be harassment, abuse, racial or ethnic offensive, defamation, threats, violations of personal privacy, moral rights or publicity rights, violence or hostility, pornography, obscenity, fraud, discrimination (especially based on race, religion, gender, sexual orientation, age, disability, ancestry or nationality), the promotion of illegal activities, products or services, inappropriate for children or anything that will damage, destroy the property of others or may create a risk of harm, loss to any other person.
Any user who violates the service prohibition and causes a third party or another person to file a claim against GenPix is responsible for compensating GenPix for all damages or losses (including but not limited to the cost of lawsuits).
Doing anything that may interfere with the operation of the Services.
Using the Service for unfair or improper purposes.
Doing anything that has the potential to cause any loss or damage to the Service, or to the users of the third party.
Advertising, soliciting, or promoting this service in any way.
Impersonating other GenPix users.
Anything that we deem inappropriate.
You are not allowed to use any of the content from GenPix in logos, trademarks, service marks, or any other branding or identifiers.
Do not create deceptive content, false information and fake news. This includes creating or sharing misleading identification details or profile information. Avoid creating or sharing any fake news, such as false facts or baseless claims. This also includes refraining from spreading rumors, gossip, false information about politics, history, or individuals you are familiar with.
Do not create any content of discrimination, discriminatory actions, or discriminatory communication on our Service based on a person’s age, citizenship status, skin color, religion, disability, family status, gender, occupation, marital status, race, sexual orientation, military service, or victimization.
Avoid creating content that revolves around self-harm, self-injury, or suicide. These topics can be distressing for us and harmful to individuals who may struggle with such thoughts or actions.
Be refrain from creating content that includes threats of violence towards others or oneself, acts of theft, vandalism, causing financial harm to others, blackmail, harassment, sharing personal information about third parties, promoting hate speech, or any content with the intention of humiliating, intimidating, bullying, or shaming someone.
Do not create any content depicting minors engaged in sexual or intimate activities.
Any stickers, texts or designs you downloaded, copied or saved from GenPix cannot be resold, rented, lent, gifted, or otherwise distributed.

■ USER CONTENT

User Content. The AI feature is a tool that generates Artwork (as defined below) using integrated artificial intelligence technology. This AI feature is accessible to the public through the App(s) and enables Users to generate their own Content.
Responsibility for Content. You are solely responsible for any User Content you create using the Services, as well as the outcomes of creating your User Content. Your User Content will not be defamatory, infringe upon any third party rights, or violate any laws, regulations, or terms of service. You are solely responsible for any User Content created by you or for you using the Services, as well as the outcomes of posting, uploading, downloading, generating, or creating your User Content. You confirm and guarantee that you possess the necessary licenses, rights, consents, and permissions to upload, download, generate, create any User Content using the Services. Your User Content will not be defamatory, infringe upon any third party rights, or violate any laws.
Third Party Rights. By using the Services, you agree that any User Content you upload, download, post, or distribute must not include copyrighted, patented, or trademarked material from third parties, or material that is under other third-party proprietary rights, unless you have written permission from the rightful owner or you have the legal right to do so and grant the Company all necessary license rights stated in the Agreement. You are solely responsible for determining whether you are lawfully permitted to post or distribute any User Content, and we are not obligated to evaluate, screen, or monitor any User Content you post on the Services. By distributing User Content to the Services, you guarantee that you are not infringing any agreements, rights, or grants.

■ USE-BASED RESTRICTIONS

The restrictions set forth below are use-based restrictions which are based on the SD License listed here: https://huggingface.co/spaces/CompVis/stable-diffusion-license as may be amended from time to time by the creator of this open-source license (the “SD License”).

You understand and agree that the SD License may be modified and updated periodically, which may include implementing new restrictions on usage. You acknowledge that any restrictions included in the SD License at any given time will govern your use of the AI features, regardless of whether or not they are explicitly mentioned here. It is your responsibility to stay informed about any changes made to the SD License and to comply with them. The Company is not obliged to notify you of any changes made to the SD License.

In addition to any other restrictions included in the Agreement, You agree not to use the AI feature and/or the Derivatives (as such term is defined in the SD License):

In any way that violates any applicable national, federal, state, local or international law, rule, or regulation;
For the purpose of soliciting, exploiting, harming or attempting to exploit or harm minors in any way;
To generate or disseminate verifiably false information and/or content with the purpose of harming others;
To generate or disseminate personally identifiable information;
To defame, disparage, or otherwise harass others;
For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
To provide medical advice and medical results interpretation;
To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g., by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily- targeted use).

■ USE OF AI FEATURE

Artworks. The AI feature can generate artificial intelligence-based conceptual artworks (“Artworks”) based on terms you enter (“Text Cues”) or images you upload (“Image Cues”) into the AI generator.
Use of Artworks. You are allowed to use the Artworks for any legal purpose, as long as you comply with the Agreement. This includes using them for commercial purposes, such as selling your rights to the Artworks, incorporating them into books, websites, and presentations, and other forms of commercialization. However, the risk of any commercialization of the Artworks is yours, and it must be done in accordance with the SD License and the Agreement. Please note that your use of the Artworks is solely at your own risk, as the Company does not provide any representations or warranties regarding the use of the Artworks for any purpose. You are accountable for the Output you generate and its subsequent uses.
Ownership of Artworks. You are responsible for the use of the AI features and accept that the Company does not provide any guarantees or warranties regarding any Artworks. This includes any claims of ownership rights, copyrights, or other interests in the Artworks made by users or third parties. It is also important to recognize that according to applicable law, you may not have any ownership rights, copyrights, or interests in the Artworks. However, you do own your Text and Image Cues as well as the Artworks you create. The Company will not sell the Artworks you create or assert any copyright against you or end users, as long as you comply with the Agreement. If you violate the Agreement, you may lose the right to use the Artworks, but the Company may, at its sole discretion, notify you in writing and allow you a reasonable opportunity to rectify the violation. It is important to understand that others may create similar or identical Artworks using the same or different Text or Image Cues, and your rights apply only to the specific Artwork you have created.
No Infringing or Harmful Use. Please obey the USE-BASED RESTRICTIONS and you may not use the AI feature for any unlawful purpose or to cause harm or infringement on someone’s rights. No permission is granted to use anyone’s name, image, voice, or personal information, whether they are a celebrity or not. Any use of works containing images of individuals, with or without their consent, is at your own risk. Any creation of harmful or illegal images using the AI, Text, or Image Cues will result in the deletion of such cues, suspension, or ban of your Account, at the exclusive discretion of the Company. You may not seek to reverse engineer the AI feature, use it to develop a competing product or service or violate our rights. You are responsible for any liability arising from your use of the AI feature, as described in this Agreement.

■ USER CONDUCT

By using our Services, you agree to comply with our Agreement. You also give your consent and agree to refrain from engaging in any Prohibited Uses. Furthermore, you agree that your User Content will not include any material that, at the Company’s sole and absolute discretion, is deemed inappropriate, dangerous, obscene, vulgar, hateful, unlawful, offensive, racist, discriminatory, harassing, or otherwise objectionable (referred to as “Prohibited Content” hereinafter). If you create any Prohibited Content, the Company may, at its sole discretion, suspend and/or terminate your Account, in addition to exercising any other rights and remedies available to us.
User Discipline. The Company reserves the right to take any necessary action regarding User Content that violates the Agreement, including deleting such content and reporting the User to law enforcement. The Company may also use content moderation mechanisms which may include automation.
The Company reserves the right to delete any User Content posted on the Services at any time and for any reason, at its own discretion. There is no obligation for the Company to provide notification to You or other users regarding the deletion of any User Content. The Company will not be held liable for any consequences or damages resulting from the deletion of User Content hosted on the Services, whether for You or any third party.
The Company retains the right to employ automated measures to monitor the usage of the AI feature and prevent any unauthorized use. You acknowledge that you have no basis to make any claims against the Company concerning these activities.

■ SOCIAL MEDIA, AND DEMONSTRATION POLICY

You can post your User Content on social media and demonstrate our Services to others. However, please make sure to do the following:

Carefully review all User Content, including every Artwork, before sharing.
Attribute the content to either your name or our company.
Avoid sharing content that goes against the terms of our Agreement or that could potentially offend others.
Clearly indicate that the content is generated by AI in a manner that is obvious and cannot be misunderstood by any user.

■ COPYRIGHT PROTECTION

No Liability of the Company for Infringement.

With this acknowledgment, you agree that the company, the service administrators, and/or the company’s representatives are not personally liable for any damages, whether real or consequential, resulting from any creation made by third parties that may violate any laws or any use of content uploaded by a user to the services that may infringe upon any laws.