Terms of Service

Last updated June 20th, 2024

1. Acceptance of Terms

1.1 Agreement: By accessing or using Drawbert.ai, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with any part of these terms, you must not use our services.

1.2 Changes to Terms: We may update these Terms of Service from time to time. Any changes will be posted on this page with the updated date. Your continued use of our services after such changes constitutes your acceptance of the new terms.

2. Use of Services

2.1 Eligibility: You must be at least 13 years old to use our services. By using Drawbert.ai, you represent and warrant that you meet this age requirement.

2.2 Account Registration: To use certain features of our services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.3 Account Security: You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3. User Content

3.1 Uploaded Images: You retain all rights to any images you upload to our service. By uploading images, you grant Drawbert.ai a non-exclusive, worldwide, royalty-free license to use, copy, modify, and create derivative works from your images solely for the purpose of providing our services.

3.2 Prohibited Content: You agree not to upload any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable. We reserve the right to remove or refuse any content that violates these terms.

4. Payment and Refunds

4.1 Fees: Some of our services may require payment. You agree to pay all applicable fees as described on our website. All fees are non-refundable unless otherwise stated.

4.2 Refund Policy: All sales are final, and no refunds will be issued. In the event that your account is disabled or removed due to a violation of these Terms of Service, no refund will be issued.

5. Intellectual Property

5.1 Ownership: Drawbert.ai and its licensors retain all rights, title, and interest in and to the services, including all related intellectual property rights.

5.2 License to Use Generated Works: Subject to these terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our services for your personal, non-commercial, and commercial use. You are permitted to use the AI-generated portraits for commercial purposes, including but not limited to selling, marketing, and distributing the generated works.

6. Disclaimers and Limitation of Liability

6.1 Disclaimer of Warranties: Drawbert.ai provides its services "as is" and without any warranty or condition, express, implied, or statutory. We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

6.2 Limitation of Liability: To the fullest extent permitted by law, Drawbert.ai shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use of or inability to use the services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from our services; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services by any third party; or (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services.

7. Indemnification

You agree to indemnify, defend, and hold harmless Drawbert.ai and its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the services or your violation of these Terms of Service.

8. Governing Law and Dispute Resolution

8.1 Governing Law: These Terms of Service and any disputes related to them or the services will be governed by and construed in accordance with the laws of California, US, without regard to its conflict of law principles.

8.2 Dispute Resolution: Any disputes arising out of or relating to these Terms of Service or the services will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in California, US, and the arbitration award may be enforced in any court of competent jurisdiction.

9. General

9.1 Entire Agreement: These Terms of Service constitute the entire agreement between you and Drawbert.ai regarding your use of the services and supersede any prior agreements between you and Drawbert.ai.

9.2 Severability: If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

9.3 Waiver: No waiver of any term of these Terms of Service will be deemed a further or continuing waiver of such term or any other term, and Drawbert.ai's failure to assert any right or provision under these Terms of Service will not constitute a waiver of such right or provision.

Contact Us

If you have any questions about these Terms of Service, please contact us at:

Email: drawbert.ai@gmail.com

Address: 32412 Elizabeth Way, Union City, CA 94587, United States