Acceptance of Terms of Service
The Service is offered subject to acceptance without modification of all of these Terms of Service and all other operating rules, policies and procedures that may be published from time to time in connection with the Services by Daft Art. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Daft Art from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
Daft Art may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
DMCA and Takedowns Policy
Daft Art utilizes artificial intelligence systems to produce the Assets. Such Assets may be unintentionally similar to copyright protected material or trademarks held by others. We respect rights holders internationally and we ask our users to do the same. If you believe your copyright or trademark is being infringed by the Service, please write to firstname.lastname@example.org and we will process and investigate your request and take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement.
Modification of Terms of Service
At its sole discretion, Daft Art may modify or replace any of the Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Daft Art websites or Service or by sending you an email. Daft Art may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
Trademarks and Patents
All Daft Art logos, marks and designations are trademarks or registered trademarks of Daft Art. All other trademarks mentioned in this website are the property of their respective owners. The trademarks and logos displayed on this website may not be used without the prior written consent of Daft Art or their respective owners. Portions, features and/or functionality of Daft Art's products may be protected under Daft Art patent applications or patents.
Fees and Payments
Daft Art offers a free and paid Service. You can sign up for a monthly subscription, payable in U.S. dollars, that will automatically renew on a monthly basis. You can stop using the Service and cancel your subscription at any time through the website or by emailing us at email@example.com. If you cancel your subscription, you will not receive a refund or credit for any amounts that have already been billed or paid. Daft Art reserves the right to change its prices at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal or thirty (30) days after notice, whichever is later.
Unless otherwise stated, your subscription fees (“Fees”) do not include federal, state, local, and foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment or additional evidence that we may reasonably require. If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment. You may not create more than one account to benefit from the Free tier of our Services. If we believe you are not using the Free tier in good faith, we may charge you standard fees or stop providing access to the Services.
Rules and Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action (including making use of the Site, any Assets or our models or derivatives of our models) that: would constitute a violation of any applicable law, rule or regulation; infringes upon any intellectual property or other right of any other person or entity; is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, furthering of self-harm or profane; creates Assets that exploits or abuses children; generates or disseminates verifiably false information with the purpose of harming others; impersonates or attempts to impersonate others; generates or disseminates personally identifying or identifiable information; creates Assets that implies or promotes support of a terrorist organization; creates Assets that condone or promote violence against people based on any protected legal category.
Daft Art may terminate your access to all or any part of the Service at any time if you fail to comply with these Terms of Service, which may result in the forfeiture and destruction of all information associated with your account. Further, either party may terminate the Services for any reason and at any time upon written notice. If you wish to terminate your account, you may do so by following the instructions on the Service. Any fees paid hereunder are non-refundable. Upon any termination, all rights and licenses granted to you in this Agreement shall immediately terminate, but all provisions hereof which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
Limitation of Liability
In no event shall Daft Art or its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or substitute goods or services, (ii) for your reliance on the service or (iii) for any direct damages in excess (in the aggregate) of the fees paid by you for the service or, if greater, $500. some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
All use of the service and any content is undertaken entirely at your own risk. the service (including, without limitation, the Daft Art web app and any content) is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
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 not old enough to consent to our Terms of Service in your country, your parent or guardian must agree to this Agreement 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. No assurances are made as to the suitability of the Assets for you.
The Terms of Service are the entire agreement between you and Daft Art with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Daft Art with respect to the Service. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Daft Art shall not be liable for any failure to perform its obligations hereunder due to any cause beyond Daft Art's reasonable control. The Terms of Service are personal to you, and are not assignable or transferable by you except with Daft Art's prior written consent. Daft Art may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Service and neither party has any authority of any kind to bind the other in any respect. Except as otherwise provided herein, all notices under the Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
For questions regarding the Service, you can get in touch by emailing us at firstname.lastname@example.org