OpenArt Terms of Service

1. Terms

1.1 This document constitutes the terms of service between end-users of the OpenArt website and the OpenArt software application. 'OpenArt’' is used to refer to the OpenArt website, the OpenArt software application and its provided service(s) for the remainder of this document.

1.2 These terms must be adhered to by all users of the OpenArt image generation and posting service and are agreed upon during account creation.

1.3 If you do not agree to these terms, you must not use OpenArt's image generation or posting service nor download the OpenArt software application, and you must delete your account if you have already made one.

1.4 If you have any questions about these terms, please email us at [email protected].

2. OpenArt Accounts and Provided Services

2.1 An account is required to access the image generation functionality as well as the image posting function of OpenArt.

2.2 You must be 18 years or older and be capable of entering into a legal contract in order to use OpenArt.

2.3 You may not share an account with any other person or entity, and must keep your account information reasonably secure.

2.4 You are responsible for all actions and requests that your account performs, and must ensure that they do not violate these terms.

2.5 Your account may be terminated at any time for violation of these terms.

2.6 If your account is terminated, there is no guarantee of future availability of your data nor of a refund for any purchases or subscriptions you may have made.

2.7 OpenArt will make an attempt to ensure its services have high reliability and support as many clients as possible. However, no guarantee of availability or uptime is made by OpenArt. OpenArt may be integrated with, or may otherwise interact with third-party applications, websites, and services and third-party personal computers, mobile handsets, tablets, and other devices. Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. OpenArt does not guarantee that Third-Party Applications and Devices will be compatible with the OpenArt Service.

2.8 OpenArt is not liable for any liabilities or damages caused by the use of its services, nor from the usage of images generated using our service. If you believe your usage of OpenArt is not in your own best interests, you must cease usage of OpenArt and uninstall any OpenArt software application.

2.9 OpenArt reserves the right to change these terms of service at any time, and will attempt to notify you of any changes.

3. Account Purchases and Subscriptions

3.1 Account purchases and subscriptions award the subscribing or purchasing user with OpenArt credits ("Credits"), a type of virtual credit, and enables a range of premium functionalities ("Membership Services") that are provided only to purchasing users who have an active subscription to OpenArt.

3.2 Credits may only be used for the purpose of generating images on OpenArt.

3.3 Credits are not redeemable for cash or for any other goods or services.

3.4 Credits may not be given to any other user.

3.5 All purchases are non-refundable. You may terminate your subscription at any time by logging into your account or contacting us directly. If you terminate your subscription, your subscription will not be renewed starting from the next billing period and your access to Membership Services will be active until the expiration of your subscription.

3.6 Previous Credit balance will not be carried forward in your account on a monthly basis. After the termination of your subscription, your no longer have access to your paid credits.

3.7 All subscriptions and purchase amounts are stated denominated in US Dollars. The amounts listed on the website do not include applicable taxes such as sales taxes, which are assessed by our payment processor.

3.8 If a subscription is not paid for on its renewal date, we have the sole right to terminate your access to OpenArt's Membership Services.

4. Generated Images

4.1 No claims on the ownership or copyright of AI-generated images are made by OpenArt, and all created content may be freely used by yourself for commercial and non-commercial purposes.

4.2 AI model output may sometimes be unpredictable and is not guaranteed to match the input prompt nor to be of any given nature or quality.

4.3 Do not attempt to generate content that is illegal in your legal jurisdiction or within your country or district of residence.

4.4 Do not access our generation service via any means other than the openart.art website or our software application. Only real human interactions are allowed.

4.5 Do not use generated content as a substitute for any licensed profession, including but not limited to legal advice, financial advice, medical advice, or any other professional service or advice.

5. User Data and Data Security

5.1 OpenArt stores basic user information during your use of our service.

5.2 Data retention for subscribers and non-subscribers:.

Private creations of subscribers are stored during their subscription period, accessible until they opt for deletion or account termination, or end the subscription.

Private creations of non-subscribers are stored for 14 days. If not published within this timeframe, they're automatically deleted.

Deletions of images, models, accounts and other assets by all users are final and irreversible.

5.3 OpenArt prioritizes the privacy and security of your data and implements advanced measures to protect it. Unpublished creations are stored according to the timeframe as guided in 5.2.

5.4 Your creations are private by default and shared only if you choose to publish or share them.

6. Restrictions of Conduct and Content

6.1 In accessing and using OpenArt, you agree to abide by the following rules, restrictions and limitations:

a. You will not modify, translate, adapt or reformat OpenArt;
b. You will not decipher, decompile, disassemble, or reverse-engineer, or otherwise attempt to discover the source code or structure of, the software or materials comprising OpenArt
c. You will not interfere with or circumvent any security feature of the OpenArt or any feature that restricts or enforces limitations on the use of OpenArt;
d. You will not use OpenArt to gain unauthorized access to our or any third party's data, systems or networks;
e. You will not use OpenArt in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt our systems and networks, or otherwise interfere with other users' use of the OpenArt;
f. You will not use OpenArt in any way that, in our sole discretion, may expose us and others to liability or damages;
g. You will not remove, change or obscure any copyright, trademark notice, trademark, hyperlink or other proprietary rights notices contained in OpenArt;
h. You will comply with all applicable laws in your access and use of OpenArt, including the laws of your country or district;
i. You are not allowed to use any automation to access our service. We expect you to use our service through real human interactions.
j. You will ensure that other users have predictable experiences on OpenArt by properly using the nsfw tag system to label any of your content that is graphic, sexually-explicit, lewd, indecent, or otherwise objectionable.

6.2 You shall not upload, share or otherwise transmit to or via the Services any content that:

a. is unlawful, harmful, libelous, defamatory, abusive, racially or ethnically offensive, harassing, threatening, invasive of personal privacy or publicity rights, misleading, or otherwise objectionable;
b. would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
c. may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any third party;
d. contains any unsolicited promotions, political campaigning, advertising or solicitations;
e. contains any private or personal information of a third party without such third party's consent;
f. may harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
g. contains any viruses, corrupted data or other harmful, disruptive or destructive files or content, designed to interrupt, destroy or limit the functionality of OpenArt;
h. contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships (e.g., inside information, confidential information received in the context of an employment or a non-disclosure agreement); or
i. is in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose us or others to any harm or liability of any type.

6.3 OpenArt reserves the right, but is not obligated, to remove any user content and/or ban the accounts that we believe, in our sole discretion, violates these provisions. If you have noticed any violation of these Terms from your prospective, content of any nature whatsoever, please contact us at: [email protected] or directly report on OpenArt.

7. Liability

THE OPENART SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND THE USE THEREOF IS AT YOUR SOLE RISK. WE MAKE NO, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NONINFRINGEMENT, AND TITLE WITH RESPECT TO THE APP, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

WE DO NOT WARRANT THAT:
A. OPENART (OR THE RESULTS OBTAINED FROM THE USE THEREOF) WILL BE TIMELY, ERROR-FREE, SECURE OR UNINTERRUPTED;
B. OPENART MEET YOUR REQUIREMENTS; OR
C. THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS IN OPENART OR ON OUR WEBSITE, OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY RESOURCES LINKED TO OPENART OUR WEBSITE.
D. ANY ERRORS OR MALFUNCTIONS ON OPENART'S WEBSITE OR APP WILL BE CORRECTED.

WE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHER THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, COST OF SUBSTITUTE PROCUREMENT, ARISING IN WHOLE OR IN PART FROM YOUR USE OF (OR INABILITY TO USE) OPENART, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ANY CAUSES BEYOND ITS REASONABLE CONTROL.

9. Contact Us

If you have any questions regarding the use of OpenArt or this TOS, please contact us at: [email protected]