Artist.ai - Terms of Use

Updated Jan 2023

This document is part of the Artist.ai terms and conditions. It applies to users who have downloaded the Artist.ai app and/or have purchased an Artist.ai membership. If you do not agree to these terms, you must not use the app. If you are using the app for a business or organization, you are agreeing to these terms on behalf of the business/organization to these terms, and “you” and “your” will refer to that business/organization.

This document works in conjunction with the Privacy Policy which can be found here: http://www.livintisapps.com/artistai-privacy-policy/

Payment & Unlocking Premium Features 

The basic version of Artist.ai is available for free. To access further features users can subscribe to an Artist.ai within the app and pay via an auto-renewing subscription from Apple’s iTunes store.  Artist.ai’s premium features are purchased online or via Apple’s iTunes store. When you purchase these features, you are also subject to the iTunes terms of service. 


• Payment will be charged to iTunes Account at confirmation of purchase

• Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period

• Account will be charged for renewal within 24-hours prior to the end of the current period at the price of subscription noted below

• Subscriptions may be managed by the user: you can modify or cancel your subscription at any time by signing in to your iTunes account on your computer or iOS and changing the settings. For more details on this please visit: http://support.apple.com/kb/HT4098

• Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable

Renewals and cancellations

Your subscription is automatically renewed at the end of the subscription period. Certain subscription offerings may offer a free trial prior to charging your payment method, the period of which will be communicated to you via the Service. If you do not want your card to be charged you must turn off auto-renew at least 24-hours before the end of the free trial period. Otherwise, you will be responsible for payment for the full term of the subscription period.

You can modify or cancel your subscription at any time by signing in to your iTunes account on your computer or iOS or Android device and changing the settings. For more details please visit: http://support.apple.com/kb/HT4098


Refunds


Your payment is managed by Apple via iTunes and you will need to contact Apple customer service for refunds, as we are not able to process refunds ourselves. 

Pricing changes 

We may change the pricing plan at our discretion. In this case we will try to inform you before any changes so you can modify or cancel your subscription before the changes are made. We accept no responsibility for any losses you may incur by failing to change your subscription after we have informed you of any changes to the pricing plan.

AI Avatar Feature Additional Notes

The AI Avatar feature allows users to create AI generated Avatars. To use this feature the user needs to select their gender and upload 10-30 photos of themselves. This feature is not included in the Artist.ai pro subscription. You will need to purchase a separate one-time purchase for sets of Avatars. This is because it costs us money every time you generate a new set of AI Avatars and it is relatively expensive to train an AI model compared to the normal art generation feature.

When using this feature you agree and confirm that:

• you are above the age of 18

• you will only upload photos of yourself

• you will not upload images of children

• you will not upload any images with nudity or objectional or offensive content

• you accept that there is a chance that some or all of the avatars may be ones that you would consider “bad quality”, offensive, or unrecognizable as yourself

• the final results are highly dependent on the quality and variety of the pictures that you select and upload


• you will not request a refund based on the output of the generated avatars

The avatars are generated using an AI model called Stable Diffusion. We continuously improve our avatar generation prompts to avoid objectional or offensive avatars, however it is still possible that you may recieve avatars that you may find offensive or objectionable. If this happens, please reach out to our support team. You accept and understand that this is a possibility and not grounds for a refund.

You will need to download the final avatars within 30 days using the app, or else you may not get access to them.

Content Policy & Restricted Use

The images generated by this app are generated using artificial intelligence algorithms, of which we have no control on the output. There is a chance that images that you generate can infringe on the copyright, trademark, or intellectual property of a third party.

By using this app, you agree to our Terms and that it is your legal responsibility to make sure that you do not use any artwork in any manner that violates the copyright, trademark, or intellectual property of a third party. You acknowledge that we will not be liable for any claims regarding copyright as you agree that it your responsibility to determine if the images you have generated violate any copyright and for seeking appropriate permission from copyright holders to use the images in any manner.

If any users are found to violate these terms, they may be banned from using the service. You are responsible for all of your activity in connection with this app. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the app.

You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, degrading, intimidating, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of Company; (v) restricts or inhibits any other user from using and enjoying the Services or Content; (vi) relate to products that are sexual or pornographic in nature, alcoholic products, tobacco products or other products that are unlawful in any manner; or (vii) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. We reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein.

Further you will only use images generated with this app as per the terms agreed upon by you and any potential copyright owners.

You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services' infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR ANY CONTENT YOU SUBMIT, CONTRIBUTE, SHARE OR OTHERWISE CAUSE TO BE TRANSMITTED THROUGH THE SERVICES, AND YOU, NOT THE COMPANY, HAVE FULL RESPONSIBILITY FOR SUCH CONTENT, INCLUDING ITS LEGALITY, RELIABILITY, ACCURACY AND APPROPRIATENESS.

WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY USER CONTRIBUTIONS PROVIDED BY YOU OR ANY OTHER USER OF THE SERVICES, INCLUDING THE ARTIST AI APP..

Usage Notices

This app is intended for entertainment & research purposes only. Excluded uses are described below.

Misuse, Malicious Use, and Out-of-Scope Use

This app not be used to intentionally create or disseminate images that create hostile or alienating environments for people. This includes generating images that people would foreseeably find disturbing, distressing, or offensive; or content that propagates historical or current stereotypes.

Out-of-Scope Use

The models used to generate images were not trained to be factual or true representations of people or events, and therefore using the model to generate such content is out-of-scope for the abilities of this mobile app.

Misuse and Malicious Use

Using the app to generate content that is cruel to individuals is a misuse of this model. This includes, but is not limited to:

  • Generating demeaning, dehumanizing, or otherwise harmful representations of people or their environments, cultures, religions, etc.

  • Intentionally promoting or propagating discriminatory content or harmful stereotypes.

  • Impersonating individuals without their consent.

  • Sexual content

  • Mis- and disinformation

  • Representations of egregious violence and gore

  • Sharing of copyrighted or licensed material in violation of its terms of use.

  • Sharing content that is an alteration of copyrighted or licensed material in violation of its terms of use.


Notice about Bias

While the capabilities of image generation models are impressive, they can also reinforce or exacerbate social biases. The ML models used in the app were primarily trained on images that are limited to English descriptions. Texts and images from communities and cultures that use other languages are likely to be insufficiently accounted for. This affects the overall output of the model, as white and western cultures are often set as the default. Further, the ability of the model to generate content with non-English prompts is significantly worse than with English-language prompts. The image generation models mirror and exacerbate biases to such a degree that viewer discretion must be advised irrespective of the input or its intent.

Limitations Of Liability

You expressly understand and agree that we and our affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use our Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from or as a result of our Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on our Services; or (v) any other matter relating to us or our Services. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in this paragraph may not apply to you.

We are not liable for anything that happens to you that somehow may be connected to your use of our Services. If you use our Services in a way that causes us to be included in litigation, you agree to pay all legal fees and costs we incur.

You further agree and understand that we have no liability for the loss of any information you may chose to store in your Instagram account used to register for our Services or that you transmit or cause to be transmitted through use of the app, in the event your computer or mobile device is sold, lost or stolen.

You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Services.

Service content and third party links

We only provide service content, including but not limited to service content, for educational, entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed by us through any service for any other purpose. In all cases, you are responsible for assessing the accuracy, timeliness, completeness or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any of the Services.

In many cases, the content of the service will include content posted by third parties or opinions and judgments on behalf of third parties. We do not endorse, guarantee and assume no responsibility for the accuracy, timeliness, completeness or statement of any opinions, suggestions or statements provided by our authorized employees or spokespersons in their official capacity.

Services can link or include links to other websites maintained by third parties. We do not operate or control or must endorse the content on these third party websites in any way. You are solely responsible for the use of third party links. We are not responsible or liable to any content posted on third party websites for any loss or damage of any kind whatsoever arising out of dealings with you and any third party or its website.

Licensing Terms

Subject to your compliance with this Terms of Use, the conditions herein and any limitations applicable by law: (i) you are granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, freely revocable license to access and use the app for personal or commercial use; (ii) you own all images you create with the app and (iii) we hereby assign to you all rights, title and interest in and to such images for your personal or commercial use. Otherwise, Livintis WLL reserves all rights not expressly granted under these Terms of Service. You are responsible for any activity conducted on your device that accesses the app. A breach or violation of any of our Terms of Service may result in an immediate termination of your right to use our app.

By using the app, you grant to Artist AI its creators (Livintis WLL), its successors, and assigns a perpetual, worldwide, sub-licensable, non-exclusive no-charge, royalty-free, irrevocable copyright license to use, copy, process, reproduce, adapt, publish, modify, transmit, prepare Derivative Works of, publicly display, sublicense, publicly perform, and/or distribute text prompts and images you use in the app, or images generated by the app at your direction. This license authorizes Artist AI and its creators (Livintis WLL) to make the images available to the public and to use the images as needed to provide, promote and maintain, improve the app, as well as to comply with applicable law and enforce our policies. You agree that this license is provided with no compensation paid to you by Livintis WLL for your submission or creation of images, as the use of the app by you is hereby agreed as being sufficient compensation for the grant of rights herein. You also grant each other user of the app a worldwide, non-exclusive, royalty-free license to access your publicly available images through the app, and to use those images (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature in the app. The license to Artist AI and its creators (Livintis WLL) survives termination of this Agreement by any party, for any reason.

Indemnity

You will indemnify and hold harmless the developers of this app and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the app or our licensors’ intellectual property; (ii) your content; or (iii) your violation of these Terms.

Warranty Disclaimers

The ARTIST AI APP OR OUR LICENSORS’ INTELLECTUAL PROPERTY ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THIS APP WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY OF OUR INTELLECTUAL PROPERTY.

Who Is Responsible if Something Happens.

  • Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

  • We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.

  • Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.

Changes to This Policy

We may update our terms of services or privacy policy to reflect changes in our terms and data privacy practices. If we do this, we post the revised terms here and revised privacy policy on the app’s privacy policy page with an updated date. We encourage you to check these pages regularly for the latest information.

Misc

Unless otherwise expressly stated, if any part of these Terms of Use is illegal or unenforceable for any reason, we agree that only that portion of the Terms of Use is compromised and that the remaining terms of the Terms of Use are not affected.

You may not assign these Terms of Use or assign any rights or all or part of the obligations under this Agreement without our prior written consent. Any such alleged assignment or assignment is void and invalid without prior written consent. We may transfer these Terms of Use or any rights under this Agreement without your consent without prior notice.

Contact us

If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at livintisapps@gmail.com. These terms may be updated from time to time, so please check this page for any changes.