Terms and Conditions

1. Agreement to Terms

We are constantly improving the Services to make them better. The Services are subject to modification and change, including but not limited to the art style of Assets, the algorithms used to generate the Assets, and features available to the Customer. No guarantees are made with respect to the Services’ quality, stability, uptime or reliability. Please do not create any dependencies on any attributes of the Services or the Assets.

Both the Services and the Assets are provided to Customer on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Assets.

All sales are final and non-refundable. Once a purchase is made, no refunds will be issued.

We are not an official Midjourney and this is not an official Midjourney API. We are not an official OpenAI and this is not an official OpenAI API. We are not an official Suno and this is not an official Suno API.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

2. Intellectual Property Rights

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information; (3) you have the legal capacity and agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

3. User Representations

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws. Except as expressly provided, no part of the Site and no Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, or licensed without our express prior written permission.

4. User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. Prohibited activities include, among others: systematically retrieving data to build a collection or database without permission; tricking, defrauding, or misleading us or other users; circumventing or interfering with security-related features; using information from the Site to harass, abuse, or harm another person; uploading viruses or malicious code; engaging in automated use of the system (scripts, bots, scrapers); attempting to impersonate another user; interfering with or creating an undue burden on the Site; reverse engineering any software; and using the Site to compete with us or for any unauthorized commercial endeavor.

6. User Generated Contributions

The Site may invite you to contribute content ("Contributions"). When you create or make available any Contributions, you represent and warrant that they do not infringe third-party rights; that you own or have the necessary rights to them; that they are not false, misleading, unsolicited advertising, obscene, harassing, or otherwise objectionable; and that they do not violate any applicable law or the privacy or publicity rights of any third party.

7. Contribution License

By posting your Contributions, you grant us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to host, use, copy, reproduce, publish, broadcast, store, display, reformat, and distribute such Contributions for any purpose. We do not assert ownership over your Contributions; you retain full ownership and any intellectual property rights associated with them.

8. Submissions

Any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights and be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose without acknowledgment or compensation to you.

9. Third-Party Websites and Content

The Site may contain links to other websites ("Third-Party Websites") and Third-Party Content that are not investigated, monitored, or checked for accuracy by us. We are not responsible for any Third-Party Websites or Content accessed through the Site. If you decide to leave the Site, you do so at your own risk, and these Terms of Use no longer govern.

10. Site Management

We reserve the right, but not the obligation, to: monitor the Site for violations of these Terms of Use; take appropriate legal action against anyone who violates the law or these Terms; refuse, restrict, limit, or disable any of your Contributions; remove content that is excessive in size or burdensome to our systems; and otherwise manage the Site to protect our rights and property.

11. Term and Termination

These Terms of Use remain in full force while you use the Site. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON FOR ANY REASON. We may terminate your use or participation, or delete your account and any content, at any time without warning, in our sole discretion.

12. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time without notice. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability for any loss or inconvenience caused by your inability to access or use the Site during any downtime.

13. Dispute Resolution

To expedite resolution and control cost, the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Any arbitration shall be limited to the Dispute between the Parties individually; no class-action procedures are permitted. Disputes seeking to enforce intellectual property rights, or claims for injunctive relief, are excepted from informal negotiation and arbitration.

14. Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

15. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SITE. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO $0.00 USD.

16. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, arising out of your Contributions, your use of the Site, your breach of these Terms of Use, or your violation of the rights of a third party.

17. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

18. Miscellaneous

These Terms of Use and any policies or operating rules posted by us constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver. If any provision is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity of the remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms.