Last modified October 29, 2024
Thank you for your interest in Pippa AI. By using Pippa AI, you agree to these Terms of Service (“Terms”). Please review the Content Policy and Privacy Policy in addition to the Terms contained within this agreement, as these agreements are hereby incorporated by reference.
We at Pippa AI LLC, (together with our affiliates, “Pippa AI”, “we”, “our” or “us”) want you to have the best experience using our products and services and wish to provide clear Terms for that use. The product can generate images (“Generations”) based on shared source images and other textual information you provide (“Shared Information”) and access to Pippa AI website or affiliates’ websites (collectively “Site”), or use of Pippa AI and its affiliates’ products and services, including application programming interfaces, associated software, tools, developer services, images, data and documentation (collectively “Services”) is dependent upon your acceptance of these Terms.
These Terms apply to all users (“Users” or “you”) who install, register with, access, or use our Site or Services. You are accepting and agreeing to these Terms on your behalf or another person or entity that you represent. You represent that you are authorized to accept these terms on behalf of yourself or those that you represent. Your continued use of the Site or Services confirms these representations as well as your acceptance of the Terms.
By accessing the Site or Services, you confirm that you’re at least 16 years old and meet the minimum age of digital consent in your country. If you are not old enough to consent to our Terms in your country, your parent or guardian must agree to these Terms on your behalf. Please ask your parent or guardian to read the Terms with you. If you’re a parent or legal guardian, and you allow your teenager to use the Site or Services, then these Terms also apply to you and you’re responsible for your teenager’s activity with the Site or Services. No assurances are made as to the suitability of the Generations for you.
Subject to your compliance with these Terms and our Content Policy, you may use Generations for any legal purpose, including for commercial use. To the extent allowed by law and as between you and Pippa AI, you own your Shared Information and Generations. Pippa AI grants you the exclusive rights to reproduce and display such Generations and will not resell Generations that you have created, or assert any copyright in such Generations against you or your end users, all provided that you comply with these Terms and our Content Policy.
If you violate our Terms or Content Policy, you will lose rights to use Generations. We will provide you written notice prior to suspending rights for Generations and a reasonable opportunity to fix your violation, unless clearly illegal or abusive in nature. You understand and acknowledge that similar or identical Generations may be created by other people using their own Shared Information, and your rights are only to the specific Generation that you have created.
Solely for the use of operating and improving the Site or Services, you grant us a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable license to use, reproduce, modify, distribute, create derivative works of your Shared Information and Generations, subject to your additional explicit consent for such use where required by applicable law and as stated in our Privacy Policy. We will not sell or share any of your Generations or Shared Information with irrelevant third parties and we do not receive any proceeds from its usage except to ensure appropriate functionality and further development of the Site and Services.
You must comply with our Content Policy, and you may not use Pippa AI in a way that may harm a person or infringe upon their rights. For example, you may not submit Shared Information for which you don’t have the necessary rights, images of people without their consent, or use of our Site or Service intended to generate harmful or illegal images. In addition you may not use Pippa AI in a way that may generate NSFW, lewd, or sexual material. We may delete your Shared Information or Generations, or suspend or ban your account for any violations.
Except as explicitly stated in these Terms, we and our licensors, as applicable, reserve all rights, title, and interests (including without limitation all intellectual rights) in and to the Site and Services and encompasses any content or data that is not Generations or Shared Information. This includes but is not limited to source code, scripts, text, images, designs, and other forms of content or data used within the Site or Service. You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Site and Service for your own personal use (“User License”); the User License is subject to the rest of the Terms, including any referenced terms, and does not convey the right to:
Any use of the Site or Service other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms.
You may buy credits to create additional training, subject to the Purchase Terms within this agreement. Credits must be used within one year of purchase or they will expire. We may change our prices at any time by updating our pricing page.
Standard use of the Site or Service allows you to purchase credits, themes, and content packs (“Purchased Content”) in order to create Generations, as well as custom physical goods (“Purchased Goods”). These are the terms governing those purchases (“Purchase Terms”).
If you are not satisfied with your purchase, please contact us at support@pippa-ai.com to request a credit. Please ensure that you submit your request within 30 days from the date of purchase.
For assistance with Purchased Goods, reach out to us at support@pippa-ai.com. Any claims for misprinted, damaged, or defective items must be submitted within 20 days after you have received the goods. For packages lost in transit, all claims must be filed no later than 20 days after the estimated delivery date. If the error is on our part, we will cover the associated expenses.
If the courier deems the address you provided as insufficient for delivery of shipment, the shipment will be returned to our facility. You will be responsible for reshipment costs once we have confirmed an updated address with you, if applicable.
Tax rates and other fees are determined based on the rates applicable at the time of your transaction. These amounts may change over time due to local tax requirements in your country, state, territory, county, or city. Any changes in tax rates will be automatically applied based on the account information you provide.
Notwithstanding anything to the contrary herein and subject to mandatory legislation, you acknowledge that we are not obligated to provide a refund for the Purchased Content for any reason, except as expressly stated in our Refund Policy. You agree that you will not receive money or other compensation for any unused Purchased Content, whether your loss was voluntary or involuntary.
Generations and back end training data for your Shared Information, may be automatically deleted 30 days after the back end training data or Generations have been created.
We plan to continue to develop and improve Pippa AI, but we make no guarantees or promises about how Pippa AI operates or that it will function as intended, and your use of Pippa AI is at your own risk.
The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Pippa AI do not warrant that:
At its sole discretion, Pippa AI may modify or replace any of the Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Pippa AI or Service or by sending you an email. Pippa AI may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
In no event shall Pippa AI nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Users, by use of Pippa AI, hereby agree to indemnify and hold harmless Pippa AI against any and all claims, demands, charges, complaints, controversies, and causes of action of any kind or nature whatsoever, both at law and in equity, known or unknown, suspected or unsuspected (from now on “Claims”), arising out of and relating in any way to intellectual property infringement claims made against Pippa AI concerning your Shared Information or Generations if such Claims inure to your benefit in any way and also to hold harmless and indemnify Pippa AI against all Claims relating in any way to your use of Pippa AI. This indemnity includes reimbursement to Pippa AI for any applicable court costs and expenses of litigation, including but not limited to reasonable attorneys’ fees, and reimbursement for any losses and liabilities of Pippa AI, including but not limited to, judgments, settlements, fees, costs, expenses, legal debts, legal obligations, and any third-party Claims against Pippa AI.
Pippa AI makes no warranties or representations concerning user Shared Information or Generations and is not responsible for unauthorized use. Users are responsible for using Pippa AI only as authorized and in compliance with applicable laws of the jurisdictions in which such users are domiciled, reside, or are located at the time of such use.
With the exception only of disputes related to the enforcement of disputes in which you or Pippa AI seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, all disputes, controversies or claims arising out of or relating to this agreement, breach of this agreement or any Site, Services, Generations, Purchased Content, Purchased Goods, or transactions related to this agreement, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration proceedings will be conducted in Austin, Texas and in the English language by a panel of three arbitrators. The arbitrators shall adopt and apply the provisions of the Federal Rules of Civil Procedure relating to discovery so that each party shall allow and may obtain discovery of any matter not privileged which is relevant to the subject matter involved in the arbitration to the same extent as if such arbitration were a civil action pending in a United States District Court. Judgment upon any arbitration award may be entered and enforced in any court of competent jurisdiction. WITH RESPECT TO DISPUTES SUBJECT TO ARBITRATION PURSUANT TO THIS SECTION, BOTH YOU AND PIPPA AI ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) THOSE DISPUTES IN COURT BEFORE A JUDGE OR JURY.
Any dispute between you and Pippa AI that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Texas and the United States, respectively, sitting in Travis County, Texas.