Effective date: [Insert Date]
This Policy describes how we handle images, videos and other materials that you upload to our Services, and what you must promise to us when you upload them. By using the Services and uploading any content, you agree to this Policy as part of our Terms of Use.
1.1 This Policy applies to any content that you upload, submit or otherwise provide to our Services (“User Content”), including but not limited to photos, videos, audio, text, prompts, and any other materials used as input for content generation features.
1.2 This Policy forms part of, and is incorporated by reference into, our main Terms of Use and any other agreements between you and us. If there is a conflict between this Policy and the Terms of Use, the Terms of Use will control, unless this Policy is more specific about User Content, in which case this Policy will apply.
“Input” means any User Content that you provide to the Services, such as images, videos and text prompts.
“Output” means any content generated by the Services based on your Input (for example, generated images or videos).
“User Content” collectively means both Input and Output.
3.1 As between you and us, you retain any copyright and other proprietary rights that you may hold in your User Content, subject to the licenses you grant to us under this Policy and the Terms of Use.
3.2 You are solely responsible for your User Content, including ensuring that it complies with applicable laws, this Policy, and our Terms of Use.
By uploading or submitting any User Content, you affirm, represent and warrant that:
4.1 Ownership / Authorization. You are the creator and owner of the User Content, or you have obtained all necessary rights, licenses, consents and permissions to use the User Content with our Services and to grant the rights described in this Policy.
4.2 No Infringement. Your User Content, and our use of it in accordance with this Policy, does not and will not infringe, misappropriate or violate any third party’s rights, including copyright, neighboring rights, trademark rights, moral rights, privacy rights, or rights of publicity / portrait rights.
4.3 No Unauthorized Use of Copyrighted or Trademarked Material. You will not upload or use, as Input, any:
4.4 Consent for Faces and Personal Images. Where your User Content includes identifiable individuals (including yourself):
4.5 Compliance with Law. Your User Content does not violate any applicable law or regulation, including those related to intellectual property, privacy, data protection and harmful or illegal content.
You agree not to upload, generate, use, share or distribute any User Content that:
6.1 To operate the Services and provide outputs to you, you grant us a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, modify, and display your User Content, solely for the following purposes:
6.2 Unless otherwise stated in our Terms of Use or a separate agreement, we do not claim ownership of your User Content, and we do not sell your User Content to third parties.
6.3 If we ever intend to use User Content for any additional purposes (for example, training or improving AI models beyond what is necessary to operate the service), we will do so only in accordance with our published policies and, where required by law, with your explicit consent.
7.1 We reserve the right, but are not obligated, to review User Content and to block or remove any User Content that we reasonably believe violates this Policy, the Terms of Use, or applicable law.
7.2 We may suspend or terminate your access to the Services, or refuse to process any task, where we reasonably believe that your User Content or your use of the Services creates legal risk for us or for others.
7.3 We may, in our sole discretion, report to law enforcement any User Content or activity that we suspect is illegal or poses a risk of serious harm.
8.1 When you upload User Content and check any consent or “I confirm” box in our interface, you understand and agree that we may log and store records of that action, including:
8.2 We may use these records as evidence that you provided the confirmations and warranties described in this Policy, including in the event of disputes or legal proceedings.
9.1 If any third party brings a claim, lawsuit or other proceeding against us that arises out of or relates to your User Content or your use of the Services, you agree, to the extent permitted by applicable law, to be responsible for such claims and any resulting losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees), except to the extent that the issue is caused by our own breach of this Policy or applicable law.
9.2 Nothing in this Policy is intended to limit any other rights or remedies we may have under the Terms of Use or applicable law.
10.1 We may update this Policy from time to time. When we make material changes, we will provide you with appropriate notice, which may include posting the updated Policy on our website, updating the “Effective Date,” or sending you an in-app or email notification.
10.2 Your continued use of the Services after the updated Policy becomes effective constitutes your acceptance of the updated Policy.