Terms of Service

Version Effective Date: April 15, 2025

Thank you for using the Lovart.AI Platform (the "Services"). These Terms of Service (the "Agreement") explain what rights you have with respect to images and other assets which you might generate with the Service, or prompts you might enter into the Service (the "Assets"), and your use of the Services. Please read it carefully. Our Privacy Policy outlines how we handle your data.

This Agreement constitutes the terms of service between end-users of the Lovart.AI website and the Lovart.AI software application (the "Customer," "You" or "Your"). "Lovart.AI" is used to refer to the Lovart.AI website, the Lovart.AI software application and its provided service(s) for the remainder of this Agreement.

These terms must be adhered to by all users of the Lovart.AI image generation and posting service and are agreed upon during account creation. If you do not agree to these terms, you must not use Lovart.AI's image generation or posting service nor download the Lovart.AI software application, and you must delete your account if you have already made one.

This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the "Effective Date") or to receive or distribute Assets. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If You do not agree to this Agreement, please stop using the Services.

1. Lovart.AI Accounts and Provided Services

1.1 Account Requirements

An account is required to access the image generation functionality as well as the image posting function of Lovart.AI. When you create an account, you must provide true, complete, accurate, and up-to-date information. It is important that you maintain and promptly update your account details and any other information you provide to us to keep such information current, accurate, and complete.

1.2 Age Requirements

You confirm that You are at least 13 years old and meet the minimum age of digital consent in Your country. If You are old enough to access the Services in Your country, but not old enough to have authority to consent to our terms, Your parent or guardian must agree to our terms on Your behalf.

Please ask Your parent or guardian to read these terms with You. If You are a parent or legal guardian, and You allow Your teenager to use the Services, then these terms also apply to You and You are responsible for Your teenager's activity on the Services.

1.3 Account Security and Responsibility

You are solely responsible for:

• Maintaining the security and confidentiality of your account login details
• All activities on the platform that occur under or through the use of your account
• Any losses incurred by you as a result of or arising from any unauthorized access to your account by a third party

2. Intellectual Property Rights and Content Ownership

2.1 Ownership of Generated Content

As between you and us, if you comply with these Terms, you own the inputs you upload, and the outputs generated in response (together "Assets").

2.2 License Grant

You grant us a perpetual, irrevocable, worldwide, non-exclusive, transferable, royalty-free, and sub-licensable right and license to use your Assets for any purpose. This license survives termination or expiry of our agreement with you for any reason.

In this clause, to "use" means: to reproduce, modify, adapt, prepare derivative works of, communicate to the public, publicly perform or display, distribute, and otherwise use or exploit.

2.3 Waiver of Moral Rights

To the extent permitted by law, you hereby waive any moral rights (including to be identified as author or to object to derogatory treatment of work) or other similar or equivalent rights in respect to your Assets. To the extent such waiver is not effective, you agree not to enforce any such rights against us.

2.4 Third-Party Rights

You represent and warrant that your use of the Services does not and will not violate any third party's intellectual property rights, including copyright, trademark, patent, trade secret, moral rights, or other proprietary rights.

3. User Conduct and Prohibited Activities

3.1 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Services:

• In any way that violates 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
• To generate or disseminate verifiably false information with the purpose of harming others
• To generate or disseminate personal identifiable information that can be used to harm an individual
• To defame, disparage, or otherwise harass others
• For fully automated decision making that adversely impacts an individual's legal rights
• For any use intended to discriminate against or harm individuals or groups based on online or offline social behavior or personal characteristics
• To exploit vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics
• To provide medical advice and medical results interpretation
• To generate information for administration of justice, law enforcement, immigration or asylum processes

3.2 Prohibited Content

You may not use the Services to communicate or make available any material or content which:

• Is defamatory, obscene, offensive, pornographic, hateful, or inflammatory
• Would constitute, encourage, or provide instructions for a criminal offense or illegal activities
• Is deliberately designed to provoke or antagonize people, including trolling and bullying
• Contains threats of violence or encourages violence against any person or group
• Is discriminatory based on race, religion, age, gender, disability, or sexuality

3.3 Technical Restrictions

You may not:

• Copy, decipher, modify, adapt, translate, reverse engineer, disassemble, decompile, or create derivative works based on the Services
• Modify or remove any copyright, trademark, or proprietary notices from the Services
• Distribute, license, transfer, or sell any part of the Services
• Use automated scripts or technologies to collect information from or interact with the Services
• Upload, transmit, or distribute any malware, viruses, or other harmful code
• Interfere with the proper working of the Services or bypass security measures

4. Content Generation and AI Model Limitations

4.1 Unpredictable Behavior

Outputs generated using the Platform or Services rely on computational models which may exhibit unpredictable behavior. Similar Outputs may (particularly if Inputs are similar, but not always) be provided to different users. As such, we do not promise that Outputs will be what you expect, or unique, nor that they will be faithful to your Inputs or accurately depict what you are looking for.

4.2 No Guarantees

We make no representations or warranties about the quality, accuracy, or appropriateness of any content generated through the Services. You are solely responsible for evaluating and determining the appropriateness of using or redistributing any content generated using our Services.

5. Termination

5.1 Termination by Us

We reserve the right to temporarily or permanently suspend or terminate your account or impose limits on or restrict your access to parts or all of the Services with or without notice at any time for any or no reason including without limitation:

• If we believe you have violated this Agreement
• If activities occur under your account which would or might cause damage to us or other users
• In response to requests by law enforcement or other government agencies
• Due to unexpected technical or security issues
• If your account remains inactive for an extended period

5.2 Effect of Termination

Subject to any statutory rights you might have, if your account is temporarily or permanently suspended or terminated, access to your account and any related information or content associated with your account may be suspended or terminated. We do not guarantee the permanent availability of your content, so you should regularly make backups of any content you value.

6. Disclaimer of Warranties

NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

• YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS
• YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR
• ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE COMPLETE, ACCURATE, OR RELIABLE

WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE PLATFORM AND/OR SERVICES FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
• OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID TO US WITHIN THE LAST TWELVE (12) MONTHS OR FIFTY US DOLLARS (USD $50), WHICHEVER IS HIGHER

8. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Lovart.AI, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES ARISING FROM YOUR USE OF THE SERVICES OR YOUR VIOLATION OF THESE TERMS.

9. Privacy and Data Protection

Our Privacy Policy governs our collection, use, and disclosure of your personal information. By using the Services, you consent to our Privacy Policy and our processing of your information as set forth therein.

10. Governing Law and Jurisdiction

This Agreement and any disputes arising out of or related to this Agreement or the Services shall be governed by and construed in accordance with the laws of US, without regard to its conflict of laws principles.

11. Miscellaneous

11.1 Entire Agreement

This Agreement constitutes the entire agreement between you and Lovart.AI regarding the Services, superseding any prior agreements.

11.2 Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 No Waiver

Our failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision.

11.4 Security

We do not guarantee that our Services will be secure or free from bugs or harmful code. You are responsible for configuring your information technology and computer programs to access our Services. You should use your own virus protection software.

11.5 Contact

If you have any questions about these Terms, please contact us at contact@lovart.ai