⚖️Terms of Service
1. Introduction and Acceptance
Welcome to Animatric.AI, an animation platform powered by AI (the “Services”, “Service”). The Terms of Service described below (the “Agreement” / “Terms of Service” / “Terms”) describe what rights and obligations the party using the Services (the “Customer”, “You”, “Your”, “User”,) has in regard to the received animations, previews, or any content generated by the Service, or in regard to the prompts the Customer might use and enter into the Service (the “Assets” or the “Content”), intended Customer’s use of the Services, arbitration, governing law, IP Rights, user responsibilities and other aspects of the Service as described in the document below.
By accessing or using our website on any device, using any related services, receiving or distributing Assets (collectively referred to as the "Services") after being presented with this Agreement (the “Effective Date”), you agree to abide by these Terms of Service. Please read these Terms carefully before accessing or using the Services.
These Terms may be updated at any time without prior notice and presented again to you. If the Customer continues to use the Services after such an update of the Terms, it constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any updates.
If you do not agree to these Terms and Agreement, you may not access or use the Services.
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any additional terms and conditions referenced herein or provided by Animatric.AI. These Terms constitute a legally binding agreement between you and Animatric.AI. If you are accessing or using the Services on behalf of an organization, you represent and warrant that you have the authority to bind such organization to this Agreement, and "you" and "your" will refer to that organization.
If you have any questions about these Terms or the Services, please contact us at legal@animatric.ai
2. Age Requirements
The Services provided by Animatric.AI are intended for individuals who are at least 13 years old. By accessing or using the Services, you represent and warrant that You are at least 13 years of age and have reached the legal age for digital consent in Your respective country.
If you are under the age of 13 or have not reached the legal age for digital consent in your country, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
3. Governing Law and Dispute Resolution
These Terms of Service shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Poland. If any dispute, controversy, or claim arises out of or relates to these Terms ("Dispute"), the Dispute shall be resolved through binding arbitration instead of litigation in court. Over any disputes that are not subject to arbitration, You and Animatric.AI submit to the personal and exclusive jurisdiction of the courts located in Warsaw, Poland for resolution of any lawsuit or court proceeding permitted under these Terms of Service.
4. Limitation of Liability
In no event shall Animatric.AI, its affiliates, directors, officers, employees, agents, or licensors be liable for any indirect, incidental, exemplary, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your access to or use of the Services or any content displayed on the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Animatric.AI has been informed of the possibility of such damage.
You acknowledge and agree that Animatric.AI provides the Services on an "as is" and "as available" basis, without any warranties or representations of any kind, express or implied. Animatric.AI makes no promises regarding the reliability, availability, or suitability of the Services for your particular purpose. You are solely responsible for your use of the Services, and Animatric.AI shall not be liable for any harm, damages, or disputes arising from your interactions with others while using the Services. Should any dispute or harm arise between you and another user or third party, you agree that Animatric.AI will not be involved and shall not be held responsible for resolving such matters.
5. Indemnity
You agree to indemnify and hold harmless Animatric.AI, its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, damages, liabilities, losses, costs, or expenses (including but not limited to attorney's fees) arising out of or related to your use of the Services, your violation of these Terms of Service, or your violation of any rights of another.
6. Customer’s information and personal data
At Animatric.AI, we understand the importance of protecting your privacy and personal data. Any information collected from you during your use of our Services is handled in accordance with our Privacy Policy. We are committed to maintaining the confidentiality and security of your personal data and adhere to applicable data protection laws and regulations.
Your personal data may be collected, processed, and stored for the purpose of providing and improving our Services, as well as for legal and regulatory compliance. This may include information such as your name, email address, billing information, and usage data. We may also collect information automatically through cookies and similar technologies to enhance your user experience and provide personalized content.
It is important to note that while we implement security measures to protect your data, no method of transmission over the internet or electronic storage is completely secure. Therefore, we cannot guarantee the absolute security of your personal data.
By using our Services, you consent to the collection, processing, and storage of your personal data as described in our Privacy Policy. You also acknowledge and agree that you are responsible for the accuracy and legality of any information you provide while using our Services.
If you have any questions or concerns about the handling of your personal data, please contact us at legal@animatric.ai
7. Community Guidelines
At Animatric.AI, we strive to foster a welcoming and respectful community for all users. To ensure a positive and productive experience for everyone, we have established the following Community Guidelines:
Respect: Treat fellow users and staff with kindness, courtesy, and respect. Harassment, hate speech, discrimination, and personal attacks will not be tolerated. Users may not use the Services to produce Assets intended to be used to promote harassment, hate speech, discrimination, or personal attacks.
Safety: Prioritize the safety and well-being of yourself and others. Do not engage in behavior that may harm or endanger others. Users may not use the Services to produce Assets intended to be used to promote or facilitate behavior that may harm or endanger others.
Intellectual Property: Respect the intellectual property rights of others. Do not upload or share content that you do not have the right to distribute.
Accuracy: Provide accurate and truthful information. Do not spread false or misleading content. Users may not use the Services to produce Assets intended to be used to disseminate false or misleading information,
Privacy: Respect the privacy of others. Do not share personal or sensitive information without permission.
Legal Compliance: Adhere to all applicable laws and regulations. Do not engage in illegal activities or encourage others to do so. Users may not use the Services to produce Assets intended to be used to facilitate or promote illegal activities
Content Guidelines: Ensure that all content shared on the platform is appropriate for a diverse audience. Avoid posting content that is explicit, violent, gore, sexual or offensive. Users may not use the Services to produce Assets that violate the content guidelines, including explicit, violent, offensive, political, sexual, gore, or inappropriate material, nor produce assets intended for use in such content.
Political Neutrality: You may not use the Services or generated Assets in political campaigns or to influence political views of the community.
Scamming and Deception: Do not engage in deceptive or fraudulent activities, including scamming or misleading others for personal gain. Users may not use the Services to produce Assets intended to be used to facilitate or promote scamming, deception, or fraudulent activities.
Feedback and Reporting: Provide constructive feedback and report any violations of these Community Guidelines to the platform administrators.
Failure to comply with these Community Guidelines may result in the removal of content, temporary or permanent suspension of account privileges, or other appropriate action as deemed necessary by Animatric.AI.
By participating in our community, you agree to abide by these Community Guidelines and contribute to a positive and inclusive environment for all users.
8. Content Rights
At Animatric.AI, we respect the intellectual property rights of our users and third parties.
During the beta period, which commences from 20 March 2024 until we announce the beta closure via email, you may freely generate assets on our platform and utilize them for your projects or for the evaluation of our Services (“Beta Phase”). However, during this beta phase, the following conditions apply:
By creating Assets on our platform, you retain ownership of the intellectual property rights in those Assets. You own all assets you create with the Services to the fullest extent possible under applicable law, subject to the following exceptions:
Your ownership is subject to any obligations imposed by this Agreement and the rights of any third parties.
If you are a company or any employee of a company with more than $1,000,000 USD a year in revenue, you may only use the Services for evaluation and testing. Furthermore, during the beta phase, you may not utilize the generated assets for commercial projects conducted by companies whose annual income exceeds $1,000,000 USD in revenue, or in projects anticipated to earn more than that after the official release.
However, by submitting, uploading, posting, or displaying content or prompts on or through our Services, you grant Animatric.AI a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content or prompts in any and all media or distribution methods (now known or later developed) and to be used in further AI training. This license is granted solely for the purpose of operating, promoting, and improving our Services.
You acknowledge and agree that you are solely responsible for any content you submit, upload, or Assets / Content you create while using our Services. You represent and warrant that you have the necessary rights, licenses, permissions, and consents to grant the foregoing license to Animatric.AI.
Due to the nature of our Services and artificial intelligence technology, Assets generated may not be unique, and other users may receive similar results from our Services. Our assignment above does not extend to other users’ Assets or any Third Party Assets / Content.
Animatric.AI respects the rights of copyright holders and will respond to notices of alleged copyright infringement. If you believe that your copyright has been infringed, please contact us at legal@animatric.ai
9. Prohibited Activities
While using our Services, You agree not to use our Services to (or to attempt to):
Violation of Laws: Violating any applicable laws or regulations.
Intellectual Property Infringement: Infringing upon the intellectual property rights of others, including copyright, trademark, patent, trade secret, or other proprietary rights.
Unauthorized Access: Accessing or attempting to access areas of the Services that are not intended for your use, or logging into a server or account that you are not authorized to access.
Data Mining or Scraping: Engaging in data mining, data harvesting, data extraction, or any other similar activity in relation to our Services.
Malicious Activities: Engaging in any activity that may harm, disrupt, or interfere with the operation of our Services or the servers and networks connected to our Services.
Fraudulent Activities: Engaging in any fraudulent, deceptive, or misleading activities, including impersonating another person or entity.
Spamming or Phishing: Sending unsolicited messages, advertisements, or other communications, or engaging in phishing or other deceptive practices.
Violence or Threats: Promoting violence, threats, or self-harm, or promoting engaging in behaviour that may incite violence or promote harm to oneself or others.
Hate Speech or Discrimination: Posting or sharing content that promotes hate speech, discrimination, or intolerance based on race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic.
Harassment or Bullying: Harassing, bullying, or intimidating others, or engaging in any behavior that creates a hostile or offensive environment.
Interference with Others: Interfering with or disrupting the experience of other users of our Services.
No AI/ML Training: Using our Services, you affirm your usage solely for creative and productive endeavors, refraining from using Assets in training artificial intelligence or machine learning models.
10. Termination
We reserve the right to terminate or suspend Your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, Your right to use the Services will immediately cease. If You wish to terminate your account, you may simply discontinue using the Services.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Miscellaneous
Force Majeure: Neither party shall be liable for any failure to perform its obligations under these Terms of Service if such failure is due to circumstances beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Severability: If any provision of these Terms of Service is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Service will remain in effect.
Assignment: You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Animatric.AI's prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and void.
12. Contact information
If you have any questions about these Terms of Service or the Services provided by Animatric.AI, please contact us at:
Animatric.ai
Strażacka 53
Warsaw, 04-462
Poland
Email: legal@animatric.ai
Website: animatric.ai
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