Terms of Service

Last updated: May 3rd, 2023

Thank you for choosing to use Otaiku, an AI art generation app ("the app") developed by Ailla Oy ("Ailla") . By using the app, you agree to the following Terms of Service ("the agreement"). Please read this agreement carefully before using the app. If you do not agree with these terms, do not use the app. Your use of the app constitutes your acceptance of these terms.

Use of the App

In accessing and using the app, you agree to abide by the following rules, restrictions and limitations

You will comply with all applicable laws in your access and use of the app
You will not upload or share any content that is harmful, libelous, defamatory, obscene, abusive, racially or ethnically offensive, pornographic, indecent, lewd, harassing, threatening, invasive of personal privacy or publicity rights, misleading, incendiary, or otherwise objectionable
You will not create, upload, or distribute content that facilitates the exploitation or abuse of children
You will not attempt to access any unauthorized parts of the app

Ownership and Use of Content

The app generates images based on user input. Users must, as individuals or in a group, contribute creative expression in conjunction with use of the app, such as in creating or selecting prompts or user inputs to use with the tools offered by the app. Users retain intellectual property ownership rights over contents they submit to the app and creations created with the app. Users acknowledge that artworks generated without creative expression from the user may not be eligible for copyright protection. Regardless of the creativity of users, Ailla cannot guarantee the uniqueness, originality, or quality, or the availability or extent of copyright protection for any artwork created by users with assistance of the app.

By sharing generated content inside the app, users grant the app a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of the content in a manner that is consistent with our Privacy Policy.

Account

You may be required to create an account to use certain features of the app. When creating an account, you must provide accurate and complete information. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use. You further represent and warrant that the email address or other credentials you provide belong to you.

You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. You agree to notify the app immediately of any unauthorized use of your account or password or any other breach of security.

The app reserves the right to terminate or suspend access to your account at any time, with or without notice and without liability to you, for any reason or no reason, including without limitation, if the app determines that you have violated these terms of service or applicable law, or if your account has been inactive for an extended period of time.

You acknowledge and agree that the app is not liable for any damages or losses resulting from any unauthorized access to or use of your account.

Indemnification

Users agree to indemnify and hold the app and its owners harmless from any claims, losses, damages, liabilities, and expenses arising out of their use of the app or violation of this agreement.

Limitation of Liability

The app and its owners shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of the app, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, even if the app or its owners have been advised of the possibility of such damages. Under no circumstances shall the app or its owners' total liability to you for all damages, losses, and causes of action arising out of or in connection with this agreement or your use of the app exceed the amount paid by you, if any, for accessing the app.

The app is provided "as is" and without warranty of any kind. The app and its owners expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.

You acknowledge and agree that the limitations of liability and disclaimers set forth in this agreement represent a reasonable allocation of risk and form an essential basis of the bargain between you and the app. The app would not be provided without such limitations and disclaimers.

If you are dissatisfied with the app or any of its contents, or with these terms and conditions, your sole and exclusive remedy is to discontinue using the app.

Dispute Resolution

Any disputes arising out of or related to this agreement shall be resolved through binding arbitration. The arbitration shall take place in the jurisdiction where the app's owners are located, and the arbitrator's decision shall be final and binding.

Termination

Either the user or the app can terminate this agreement at any time for any reason. Upon termination, the user's account and all associated data will be deleted from the app's servers.

Changes to the Agreement

The app's owners reserve the right to modify this agreement at any time. Any changes will be posted to the app and will become effective immediately upon posting. By continuing to use the app after changes to the agreement have been posted, users agree to be bound by the modified terms.

Violation of the Agreement

If a user violates any part of this agreement, their account may be terminated and they may be prohibited from using the app in the future.

If you have any questions or concerns about this agreement, please contact us at [email protected].