Terms of Service
Version Effective Date: 20/03/2024
Thank you for using SPELLAI, a product of Polyverse Entertainment Inc (“Polyverse”).
These Terms of Services (“Terms”) is entered into by Polyverse and the entity or person agreeing to these terms (“you”) and apply when you use the services provided by SPELLAI (“the Services”). By accessing the Services, you agree to abide by this Terms and to comply with all applicable laws and regulations. Please read these Terms carefully. For how Polyverse handles your personal data, please refer to our Privacy Policy
These Terms may be amended, updated and presented again to you from time to time. Your continued access to the Services constitutes your acceptance of the amended or updated terms. If you do not agree to these Terms, its amendments or its updates, please stop using the Services.
1. Eligibility and Access
You confirm that you are at least 18 years old to access the Services provided by SPELLAI. If you are over 18 but not under the minimum age of digital consent in your country, your parent or guardian must review these Terms and agree on your behalf. If you use SPELLAI on behalf of another person or entity, you must have the authority to accept these Terms on their behalf. You agree to provide accurate and complete information to register your account. You are responsible for maintaining the confidentiality of your account and password, and you may not share your account and password with anyone.
You may use the Services for free or subscribe to various paying plans. Access to certain content may be limited based on your subscription plan. Specific types of content are only available on select subscription plans, so your ability to view that content is determined by your current subscription status.
2. Content
2.1 You may insert or upload text, images, or other forms of content while using the Services (“Input”), and received output such as test, images, or other forms of content generated and returned by the Services based on the Input (“Output”). Input and Output are collectively referred to as “Content”. As between the parties and to the extent permitted by applicable law and regulation, you own all the Content and are solely responsible for the Content. In the Easy Model mode, you may use model templates which are combinations of different style, prompt and ratio (“Model”). You acknowledge that the Models are all created and provided by the users from the community and Polyverse only provide computing services to generate the Output. Due to the nature of machine learning and artificial intelligence, the Services may provide incorrect or offensive Output that does not represent Polyverse’s views. Your acknowledge and agree that the use of the Services and Output is at your sole risk.
You agree to grant Polyverse, its successors, and assign a perpetual, worldwide, non-exclusive, sublicensable no-charge, royalty-free, irrevocable license to use, copy, reproduce, process, adapt, modify, publish, transmit, create derivative works of, publicly display, publicly perform and distribute text prompts you input into the Services, or any assets produced by the Services at your direction. Polyverse retains the rights to make the assets available to the public, and commercially use them for the purpose of providing, maintaining, promoting and improving the Services.
2.2 Due to the nature of machine learning, Output may not be unique and SPELLAI may generate similar output if the same or similar input and style templates are provided to the Services. No guarantees are made with respect to content quality and reliability. You are responsible for evaluating the appropriateness of Output for your specific use case.
2.3 Use of Content for Advertising Purposes
You agree to grant Polyverse a non-exclusive, non-transferable and non-sublicensable license to upload and use your Content for Polyverse’s advertising purposes, including but not limited to posting your Content on the Platform, website or community. If you would like to withdraw your grant of license for using your Content for advertising purposes, please contact Polyverse via email [email protected].
3. Limitation of Use
When using the Services, you agree that you will not:
- Modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and Software contained on the Services;
- Remove any copyright or other proprietary notations from any materials provided by the Services;
- Use the Services to transmit, generate or publish any harassing, indecent, fraudulent, unlawful, harmful material or unauthorized advertising and spam;
- Circumvent, bypass, defeat, modify or disable any content protection system or data security features or functions in the Services;
- Automatically or programmatically extract Output from the Services.
Your knowingly violation of these Terms may result in the termination of the Services, and Polyverse may take further action as deemed appropriate. With regard to termination of accounts and the Services due to violation of these Terms, Polyverse reserves the right to refuse to issue a full or partial refund for any subscription fee.
4. Community Guideline
Your acknowledge that your use of the Services is subject to, and you agree to comply with the Community Guideline as may be amended and updated from time to time.
You agree that when using the Services and sharing Content in the community, you will not:
- Generate or share Content that involves impersonations of any real person, falsely portrays an individual in a misleading or defamatory manner, or infringe privacy, intellectual property rights or other third-party rights;
- Generate or share Content that includes child sexual exploitation, child pornography, child sexual abuse and nudity;
- Generate or share Content that includes adult sexual abuse and exploitation;
- Generate or share Content that is used for conducting any fraud and deception behavior;
- Generate or share Content that includes coordinating harm and promoting crime and especially involves Content that could be regarded as harassment and harm to other people;
- Generate or share Content that promotes and incites violence, hatred, discrimination against any race, ethnicity, national origin, disability, religious affiliation, caste, sexual orientation, sex, gender identity and serious disease;
- Generate or share Content that intentionally to degrade or shame, bully and harass, endangers or threatens the safety, security or well-being of any individual or group;
- Generate or share Content that, in the sole discretion of Polyverse, is deemed unsuitable, offensive, or contrary to the public order, public interest and user expectations;
- Engage with other users in a disrespectful and hostile manner;
- Share or use Content of other users without their permission;
- Represent that Content was human-generated when it was not.
You acknowledge and represent that any Content you generate or share in the community will not infringe upon or violate the rights of any person and such Content is complied with these Terms and any applicable laws and regulations.
5. Thrid-party Advertisement
You understand and agree that Polyverse can present you advertisements during your use of the Services. The advertisements are provided by third-party and Polyverse has no control over the content and quality of such advertisements. You further acknowledge that transaction with such third-party is at your sole risk. Polyverse will not be liable for disputes arising out of the third-party advertisements.
6. Fees and Payments
6.1 Polyverse may invoice you for your use of the Services in accordance to the prices on the applicable pricing page and Polyverse reserves the right to correct pricing errors or mistakes even if an invoice has been issued to You.
6.2 Polyverse may carry out promotion activities that may result in a discount on price. Due to the time sensitive and promotional nature of the discount, price matching after promotion period and refunds for previous purchases are not available.
6.3 Your subscription could be canceled during its free-trial period at any time. Upon the expiration of your free-trial period, Polyverse will charge the relevant subscription fee for the next billing cycle to your nominated payment method, unless your subscription is canceled during the free-trial period.
6.4 You can sign up for subscription in either monthly or yearly basis. You acknowledge that your subscription will automatically renew for recurring subscription periods of the same duration until and unless you affirmatively cancel your subscription in your account settings with your App Marketplace following the policies of each App Marketplace.
6.5 The Services may enable you to purchase the in-app coinspack (“Coinspack”). The Coinspack could be redeemed for additional style templates, functionalities, features or enhancements within the Services. You acknowledge that your purchases of Coinspack are final and is non-refundable. The Services may also enable you to use promotional codes to extend your free-trial period (“Promotional Codes”). Promotional Codes have no cash value, are personal, non-transferable, non-sublicensable. You acknowledge and agree that the use of Promotional Codes could not be cancelled and Polyverse has no obligation to provide any compensation in connection with Promotional Codes.
6.6 You agree to provide complete and accurate billing information. You authorize Polyverse and its affiliates, and third-party payment processor(s), to charge your payment method for any invoiced fees. If your payment cannot be completed, Polyverse will provide you with notice and may suspend your access to the Services until the payment is received. Payments are non-refundable except as provided in this Agreement.
7. Limitations of Liability; Disclaimer; Indemnity
7.1 Limitations of Liability
NEITHER POLYVERSE NOR ANY AFFILIATES OR LICENSORS OF POLYVERSE WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA OR OTHER LOSSES, EVEN IF POLYVERSE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. POLYVERSE’S AGGREGATE LIABILITY UNDER THIS TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDERED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
7.2 Disclaimer
YOUR USE OF SERVICE IS AT YOUR OWN RISK. THE SERVICES ARE PROVEDE “AS IS” EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW. POLYVERSE AND ITS AFFILIATES MAKE NO WARRANTIES, NO MATTER EXPRESSED OR IMPLIIED, STATUTORY OR OTHERWEISE, WITH REPSECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRIGNEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. POLYVERSE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
7.3 Indemnity.
You agree that, to the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Polyverse, its affiliates, its past, present and future employees, contractors, consultants, external advisors, agents, representatives, predecessors, successors (the “Indemnified Parties”) from any claims, losses and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your Content, your breach of these Terms, or violation of applicable law.
8. Governing Law and Dispute Resolution
THE FOLLOWING SECTION INCLUDES MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAVIER PROVISION. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, PLEASE READ IT CAREFULLY.
8.1 These Terms and your use of the Services shall be governed by and constructed in accordance with the laws of the State of New York, United States of America without giving effect to any choice or conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods should not apply to these Terms.
8.2 All disputes arising out of, or in connection to these Terms or any aspect of the relationship between you and Polyverse and its affiliates (“Disputes”), will be resolved by binding arbitration rather than in a court by a judge or jury. You and Polyverse agree that both parties will first try to negotiate and settle the Disputes in good faith in 30 days after the Disputes arise. If the parties fail to settle after 30 days, the Disputes shall be brought to Arbitration by the JAMS in accordance with the then effective JAMS Comprehensive Rules. The arbitral tribunal will consist of one sole arbitrator and both parties will mutually select one arbitrator. The arbitration will be held in English in New York, New York, USA. The arbitral award will be final and binding on the parties.
8.3 To the maximum extent permitted by applicable law, Disputes must be brought on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding.
9. Termination
9.1 We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of the Services.
9.2 You may stop accessing the Services at any time for any reason. Polyverse may terminate your access to the Services at any time without prior notice if we determine:
- You breached any of these Terms.
- We must do so to comply with the law.
- Your use of the Services could cause risk or harm to Polyverse, our users, or anyone else.
If we terminate your account, we will make reasonable efforts to notify you in advance so you can export your Content or your data from the Services, unless it is not appropriate for us to do so, we reasonably believe that continued access to your account will cause damage to Polyverse, our users, or anyone else, or we are legally prohibited from doing so.
9.3 The termination and cease of use of the Services do not exempt You from the liability of breaching these Terms or conducting any fraudulent, abusive or illegal activity.
9.4 If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting our Support team.
10. Miscellaneous
10.1 Use of Brands
You may not use Polyverse’s or any of its affiliates’ names, logo, or trademark without prior written consent from Polyverse.
10.2 Severability.
If any part of these Terms is invalid, illegal, unenforceable or void in accordance with any applicable law, the rest of the Terms shall remain in effect.
10.3 Modification
Polyverse may amend these Terms from time to time by updating the revised version or by sending email to you. Your continued use of the Services after any change to the Terms constitutes your agreement to such changes.
10.4 Notice.
All notices shall be in writing.
(1) Polyverse may issue notice to you by: (i) sending you In-app notice, or (ii) sending you email using the email address you provided. Notice Polyverse sent to you will be deemed given on: (i) the date of posting the In-app notice if notice is sent via In-app notice, (ii)the date of receipt if delivered by email, or (iii) on the date sent via courier if delivered by post.
(2) You may give notice to Polyverse by: (i) sending email to [spellai-support@polyverse], or (ii) personal delivery, overnight courier or registered or certified mail to 228 Park Ave S 30327, New York, NY 10003.
10.5 Equitable Remedies
You acknowledge that Your violation of this Terms may cause irreparable harm to Polyverse and its affiliates, and Polyverse shall have the right to seek injunctive relief against You in addition to any other legal remedies.
10.6 Feedback
For any feedback, comments or questions on these Terms or the Services, please email to [email protected]