Creatopy Generative AI Use Policy

CREATOPY GENERATIVE AI USE POLICY

Effective Date: 13.12.2023

This GENERATIVE AI USE POLICY (“AI POLICY”) governs your use of generative AI features.
Please note that capitalized terms not defined herein shall have the same meaning as set forth in our Terms of Service.

1. General
When using our generative AI features (“AI features”), depending on the generative AI models (functionalities) you access, their use shall be governed by specific license terms as indicated in the Generative AI Additional Terms, which are incorporated by reference into this AI POLICY.
Generative AI models can help you explore new topics and inspire your creativity. However, we expect you to use and engage with them in a trustworthy, legal manner.

2. Prohibited Use
You agree not to use AI features to attempt to create, upload, or share abusive, illegal, or confidential content, such as, but not limited to the following:

- That violates, in any way, any applicable national, federal, state, local or international law or regulation; 
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way, including, but not limited to depictions of nude minors or minors in a sexual manner;
- Pornographic material or explicit nudity, or related to sexual abuse or exploitation. Note that this does not include content created for scientific, educational, documentary or artistic purposes; 
- Graphic violence or gore, self-harm or the promotion of self-harm;
- That generates or disseminates misleading, deceptive, fraudulent, verifiably false information and/or content with the purpose of harming others; 
- For the purposes of promoting or facilitating sale of, or providing instructions for synthesizing or accessing illegal substances, goods, or services;
- That generates or disseminates personal identifiable information that can be used to harm an individual and/or in violation of their privacy or data protection rights; 
- That 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, or based on any legally protected characteristics or categories; 
- That exploits any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, or based on other 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;
- That promotes or encourages hatred, harassment, bullying, and insult of others;
- That promotes terrorism or violent extremism, or threats of violence;
- That provides expertise or capability made particularly in sensitive areas, such as medical advice and medical results interpretation, government services etc; 
- That creates content that violates third-party copyright, trademark, privacy or other rights. This may include, but is not limited to, entering text prompts to generate a third-party brand logo, uploading an input image that includes a third party’s copyrighted content;
- That generates or disseminates information to be used for the 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).

3. AI Generated Content

By using any AI feature you may be asked to input content, such as a document, image, or text, including any parameters, such as aspect ratio, style etc. (“Input”). Based on the Input provided, the Service will generate an output, such as, but not limited to an image, text (“Output”).

All other provisions governing the User Content, according to our Terms of Service, shall be applicable to the Input and Output.

Due to the nature of machine learning technology or AI in general, users that provide similar Input may receive the same or similar Output. In other cases, the Output may be unexpected or unsuitable for some users. Even if the same, the Output that is requested by and generated for other users is not considered your Output.

Creatopy reserves the right to limit, disable, suspend, or terminate your right to use or access the AI features at any time in our sole discretion without prior notice to you.

4. Input

You may not submit any Input that: (a) includes assets protected by third-party intellectual property rights, such as trademarks, unless you have sufficient rights in such assets; (b) is intended to generate Output that is substantially similar to a third-party’s copyrighted work or is otherwise protected by third-party intellectual property rights, unless you have sufficient rights in such work; (c) contains personal information, unless you comply with all data protection and privacy laws and regulations applicable to the personal information, including providing privacy notices and obtaining consent, where required; (d) violates applicable law; or (e) violates the Terms of Service. If we believe your Input violates the rights of a third party, applicable law, or our Terms of Service, we may automatically block it, in our sole discretion.

5. Output

You are entirely responsible for the creation and use of the Output and for ensuring the Output complies with our Terms of Service.

Considering the nature of machine learning technology or AI in general, users may obtain Output that may initially appear credible but which contains false, misleading information presented as fact or/ and be altogether inaccurate (“Hallucination”).

Creatopy disclaims all warranties, express or implied, regarding the Output, including any implied warranties that the Output will not be a Hallucination or will not violate the rights of a third party or any applicable law.

Subject to your compliance with this AI POLICY and Creatopy Terms of Service, we hereby assign to you all of our right, title and interest in and to Output, including the use of Output for commercial purposes, unless provided otherwise. Creatopy reserves all rights not expressly granted herein, and no rights are granted or implied by waiver or estoppel.

6. Other provisions

We may take action on your Creatopy account if we discover User Content or behavior that violates this AI POLICY.

If at any time you believe someone has violated this AI POLICY, please report it by contacting us at legal@creatopy.com.

7. Changes to this AI Policy

We may occasionally update this AI Policy and/or the Generative AI Additional Terms, which are incorporated herein, to reflect changes in our practices regarding the AI features. If we modify this AI Policy, we will indicate the date of the latest revision at the top of this Policy.

We recommend that you check this page from time to time to inform yourself of any changes in this AI Policy. Your continued use of this Site after any changes to this AI Policy will be regarded as acceptance of our practices around AI features.

8. Acknowledgement

By using Creatopy AI features, you acknowledge that you have read and understood this AI POLICY and agree to be bound by it.

CREATOPY GENERATIVE AI ADDITIONAL TERMS

Effective as of 13.12.2023

These GENERATIVE AI ADDITIONAL TERMS (“AI ADDITIONAL TERMS”) and the AI POLICY govern your use of AI features in our Service and are incorporated by reference into the Terms of Service.

Please note that capitalized terms not defined herein shall have the same meaning as set forth in our Terms of Service.

When using AI features in our Service, you will use one or all models, as described below. The reference to a model is generally a reference to a trained, packaged, and published software program that accepts inputs and returns outputs (“Model”).

Please make sure to read each Model’s applicable license as you will be bound by their specific terms.

Licenses used and their terms:

https://huggingface.co/ByteDance/SDXL-Lightning/blob/main/LICENSE.md

https://github.com/NightmareAI/Real-ESRGAN/blob/master/LICENSE

https://huggingface.co/stabilityai/stable-diffusion-xl-base-1.0/blob/main/LICENSE.md

https://github.com/pharmapsychotic/clip-interrogator/blob/main/LICENSE

https://github.com/vladmandic/face-api?tab=MIT-1-ov-file