LlamaGen.Ai Terms of Service

1. Terms

This document constitutes the terms of service between end-users of the LlamaGen.Ai website and the LlamaGen.Ai software application. 'LlamaGen' is used to refer to the LlamaGen.Ai website, the LlamaGen software application and its provided service(s) for the remainder of this document. These terms must be adhered to by all users of the LlamaGen.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 LlamaGen's image generation or posting service nor download the LlamaGen.Ai software application, and you must delete your account if you have already made one. If you have any questions about these terms, please email us at contact@llamagen.ai.

2. LlamaGen.Ai Accounts and Provided Services

An account is required to access the image generation functionality as well as the image posting function of LlamaGen. You must be 18 years or older and be capable of entering into a legal contract in order to use LlamaGen. You may not share an account with any other person or entity; nor should you transfer your account ownership to another person or entity; you must keep your account information reasonably secure. You are responsible for all actions and requests that your account performs, and must ensure that they do not violate these terms. Your account may be terminated at any time for violation of these terms. 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.

No Subscription Refunds. Except as expressly set forth in these Terms, payments for any subscriptions to the Services are nonrefundable and there are no credits for partially used periods. Following any cancellation by you, however, you will continue to have access to the paid Services through the end of the subscription period for which payment has already been made.

3. Account Purchases and Subscriptions

Account purchases and subscriptions award the subscribing or purchasing user with LlamaGen.Ai 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 LlamaGen. Credits may only be used for the purpose of generating images on LlamaGen. Credits are not redeemable for cash or for any other goods or services. Credits may not be given to any other user. 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. Previous Credit balance will be automatically carried forward in your account at the end of each subscription period or after the termination of your subscription. If a subscription is not paid for on its renewal date, we have the sole right to terminate your access to LlamaGen's Membership Services.

4. Generated Images

No claims on the ownership or copyright of AI-generated images are made by LlamaGen, and all created content may be freely used by yourself. 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. Do not attempt to generate content that is illegal in your legal jurisdiction or within your country or district of residence. Do not access our generation service via any means other than the LlamaGen.Ai website or our software application. If you are interested in API access, please email us at contact@llamagen.ai. 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. Shared Content

You are solely responsible for the Content you post, publish, display, or otherwise make available on LlamaGen, and for any action or omission that results from your use of LlamaGen.Ai and our services (including our Content or other user's Content), or the use by a person or an entity that you have authorized under your Account. You represent and warrant that you have ownership, control, and responsibility for the Content you post or otherwise make available on LlamaGen, or otherwise have the right to do so. Your Content must not be misleading or unlawful, and must not violate any of these Terms, applicable law and regulation, or infringe or misappropriate any rights of any person or entity. We may remove your Content at any time, at our sole discretion, if we have concerns about your Content.

6. Use of Content

By downloading a file or image or copying other user-generated content (UGC) from LlamaGen, you agree that you do not claim any rights to it, and that any Content you download, access, or use from us or another User is at your own risk and subject to LlamaGen's terms and the specific terms provided by the content creator accompanying such Content. Your use of UGC is at your own risk. LlamaGen.Ai makes no warranties of non-infringement, and you will indemnify and hold LlamaGen.Ai harmless from any copyright infringement claims arising out of your use of the UGC.

7. User Data and Data Security

LlamaGen.Ai stores basic user information during your use of our service. To learn more about what data is stored and your rights with respect to that data, please see our Privacy Policy. Your usage of LlamaGen.Ai also constitutes knowledge of, and agreement to, this privacy policy, as well as these terms.

8. Restrictions of Conduct and Content

In accessing and using LlamaGen, you agree to abide by the following rules, restrictions and limitations: You will not modify, translate, adapt or reformat LlamaGen; 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 LlamaGen. You will not interfere with or circumvent any security feature of LlamaGen.Ai or any feature that restricts or enforces limitations on the use of LlamaGen; You will not use LlamaGen.Ai to gain unauthorized access to our or any third party's data, systems or networks; You will not use LlamaGen.Ai 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 LlamaGen; You will not use LlamaGen.Ai in any way that, in our sole discretion, may expose us and others to liability or damages; You will not remove, change or obscure any copyright, trademark notice, trademark, hyperlink or other proprietary rights notices contained in LlamaGen; You will comply with all applicable laws in your access and use of LlamaGen, including the laws of your country or district; and You will ensure that other users have predictable experiences on LlamaGen.Ai by properly using the nsfw tag system to label any of your content that is graphic, sexually-explicit, lewd, indecent, or otherwise objectionable.

9. Liability

THE LlamaGen.Ai 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. LlamaGen.Ai (OR THE RESULTS OBTAINED FROM THE USE THEREOF) WILL BE TIMELY, ERROR-FREE, SECURE OR UNINTERRUPTED; B. LlamaGen.Ai MEET YOUR REQUIREMENTS; OR C. THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS IN LlamaGen.Ai OR ON OUR WEBSITE, OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY RESOURCES LINKED TO LlamaGen.Ai OUR WEBSITE. D. ANY ERRORS OR MALFUNCTIONS ON LlamaGen'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) LlamaGen, 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.

10. Third Party Rights

If you have downloaded any of our mobile software applications (each, an "App") from the Apple Inc. ("Apple") App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and LlamaGen.Ai only, not with Apple, and Apple is not responsible for the LlamaGen.Ai Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to LlamaGen. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to LlamaGen. Apple is not responsible for addressing any claims by you or any third party relating to LlamaGen.Ai or your possession or use of LlamaGen, including: (1) product liability claims; (2) any claim that LlamaGen fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that LlamaGen.Ai or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using LlamaGen. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

11. Contact Us

If you have any questions regarding the use of LlamaGen.Ai or this Terms of Service, please contact us at: contact@llamagen.ai.

12. Email Marketing Consent

By registering for LlamaGen.Ai or subscribing to our emails, users agree to receive marketing emails from us. We will clearly explain the scope of the subscription and provide an option to unsubscribe. Users have the right to withdraw their consent to receive marketing emails at any time. Upon withdrawal, we will cease sending marketing emails within a reasonable timeframe (no more than 10 business days). We commit to not selling or transferring users' email addresses to any third party without explicit permission. If you have any further questions or need additional clarification, please feel free to contact us. We value your feedback and continuously strive to improve our policies and practices to protect user privacy and provide a better experience.

13. Intellectual Property

Service and its original content, features and functionality are and will remain the exclusive property of LlamaGen.Ai and its licensors. Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of LlamaGen.Ai.

14. Content and Output

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

By posting Content on or through Service, you represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

LlamaGen.Ai has the right but not the obligation to monitor and edit all Content provided by users.

The Service may generate output based on the Content you provide to the Service (“Output”). Subject to your compliance with these Terms, we hereby assign to you all of our right, title and interest in and to Output, including use of Output for commercial purposes such as sale or publication. We may use Content or Output to provide and maintain the Service, comply with applicable law, and enforce our policies. You are responsible for both Content and Output, including for ensuring that it does not violate any applicable law or these Terms. Due to the nature of machine learning, users that provide similar Content may result in the Service generating the same or similar output for you or a third party. Even if the same, output that are requested by and generated for other users are not considered your “Output.”

15. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

• In any way that violates any applicable national or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate Content or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

• Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
• Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
• Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of Service.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
• Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
• Take any action that may damage or falsify Company rating.
• Otherwise attempt to interfere with the proper working of Service.

16. No Use By Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

17. Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in our sole discretion.

18. Error Reporting and Feedback

You may provide us directly at team@llamagen.ai with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

19. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by LlamaGen.Ai.

LlamaGen.Ai has no control over, and assumes no responsibility for the Content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT LLAMAGEN.AI SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

20. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

22. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

23. Governing Law

These Terms shall be governed and construed in accordance with the laws of State of California without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

24. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

25. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

26. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

27. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.