Terms of Service

Welcome to TensorPlay.ai (hereinafter “the Platform”), a collaborative space designed to encourage exploration and experimentation with artificial intelligence models. By choosing to use our services, you unconditionally agree to abide by these Terms of Service (hereinafter “the Terms”).

Eligibility and Access

"Let's make sure you're old enough and know how to properly use your account."

To utilize the services offered by the Platform, you must be at least 18 years old or the legal age of majority in your jurisdiction, whichever is higher. By engaging with our platform, you confirm that you meet this requirement. To access the services, a valid account is required. As the account holder, you're expected to uphold its integrity and assume liability for all activities associated with it.

User Content and AI Models

"Let's talk about how we can use the great content you create or upload to our Platform to make things even better for everyone!"

On our Platform, we're all about collaboration and creativity. You can upload, play with, and engage with AI models, datasets, images, comments, feedback, ratings, and other types of content. Don't worry - you keep all the legal ownership and rights you have in the content you bring here.

By joining us, you're giving us permission (a worldwide, non-exclusive, royalty-free license) to use, tweak, share, show publicly, and even perform this content. We do this to make sure our services run smoothly, get better over time, and even develop new ones for you to enjoy. It's important to know that this permission stays in place even if you stop using our Platform - it's part of how we keep improving and growing for our community.

You confirm that you possess all necessary rights, licenses, consents, and permissions to upload and use your content on the Platform. The responsibility for your content rests with you, and you acknowledge the potential consequences of uploading, processing, or utilizing it on our Platform.

We promote an open exchange of AI models and content on our Platform. Nevertheless, you are strictly forbidden from introducing any User Content that breaches applicable laws, infringes on intellectual property rights, contains harmful code, or is otherwise objectionable or harmful. We reserve the right, though not the obligation, to review, modify, or remove any User Content that contravenes these Terms or that we perceive as potentially harmful to the Platform or its users.

Restricted Use and Zero-Tolerance Policy

"We're committed to keeping our community safe and respectful. Here's what's definitely not allowed on our Platform."

At TensorPlay.ai, we are dedicated to fostering a secure, respectful, and positive environment for our users. We strictly prohibit the use of our Platform for any illegal activities, including but not limited to the dissemination of excessively gory content, child pornography, bestiality, and so on. We exercise a zero-tolerance policy for such activities and for any content that attempts to push or blur these boundaries, such as "loli" pornography.

If we become aware of any user engaging in these prohibited activities, we reserve the right to take immediate action, which can include banning and blocking the user from our Platform. If necessary, we may also report the user and their activities to law enforcement agencies.

By using our Platform, you agree to respect these guidelines and to contribute to the safety and enjoyment of our community. If you encounter any user content or behavior that you believe violates these Terms, we strongly encourage you to report it to us promptly.

Indemnity

"This explains how you're agreeing to protect us if legal issues arise from your use of our platform."

By using our Platform, you agree to indemnify and hold harmless TensorPlay.ai, its affiliates, and their respective officers, directors, employees, and agents from and 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 (hereinafter “Claims”), arising out of and relating in any way to intellectual property infringement claims made against TensorPlay.ai with respect to your content or use of the Platform. This indemnity includes reimbursement to TensorPlay.ai for any applicable court costs, expenses of litigation, including but not limited to reasonable attorneys’ fees, and reimbursement for any losses and liabilities of TensorPlay.ai, including but not limited to, judgments, settlements, fees, costs, expenses, legal debts, legal obligations, and any third-party Claims against TensorPlay.ai.

Liability and Moderation

"In this section, we remind you that we provide our services 'as is' and can't take responsibility for the use and outcomes of user-generated content and AI models."

Our Platform is provided to you on an "as is" and "as available" basis, without any warranties of any kind, either expressed or implied. We make no representations or guarantees about the quality, accuracy, reliability, or completeness of any content, AI models, or other User Content available on our Platform. You acknowledge that your use of the Platform and any reliance on the AI models or other User Content is at your own risk.

While we strive to maintain a positive and supportive environment, we do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted or any opinions expressed on the Platform. You understand that by using the Platform, you may be exposed to User Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will TensorPlay.ai be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Platform.

We also do not undertake the obligation to monitor User Content, nor are we responsible for any moderation thereof. We do, however, reserve the right to review, modify, or remove any User Content that is in breach of these Terms or that we find potentially harmful to the Platform or its users.

Third-Party Data and APIs

"In this section, we explain how we integrate with third-party APIs and remind you that we're not responsible for the data provided through these services."

Our Platform integrates with various third-party APIs to provide enriched functionality and data. This might include, but is not limited to, data aggregation, machine learning model training, data analysis, and visualization. The data provided through these third-party APIs is not under our control and we do not assume any responsibility or liability for its accuracy, reliability, or completeness.

By using our Platform, you acknowledge and accept that the nature and availability of third-party API data may change without notice and that the integration of such data within our services does not constitute an endorsement or warranty of the accuracy or reliability of such data.

You also agree that TensorPlay.ai is not liable for any loss, damage, or inconvenience resulting from your use or reliance on data provided by these third-party APIs. The use and handling of such data are subject to the terms and conditions of the relevant third-party provider, and we recommend that you familiarize yourself with these before using our services.

Data Collection and Usage

"Let's talk about the information we collect about you and how we use it."

We continuously capture insightful information relating to your engagement on our Platform, including but not limited to your interactions with AI models, datasets, usage patterns, image generation, comments, feedback, and ratings. We leverage this data to not only refine and augment our platform's services but also to provide you with an intuitive and personalized user experience. In the interest of fostering development and innovation in the AI community, we reserve the right to use all user data, content, models, datasets, generated images, comments, feedback, and ratings, in an anonymized and aggregated format, for research, analysis, promotional, and commercial purposes. This unrestricted usage aids us in delivering a constantly improving platform, tailored to your needs, and contributes to the wider AI community. For a more detailed perspective on our data collection and usage practices, we invite you to peruse our Privacy Policy.

DMCA

"If you think someone has violated your copyright on our platform, here's how to let us know."

If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. False or frivolous takedown notices may have legal consequences, so we encourage you to consider legal uses such as fair use and licensed uses before sending a takedown request.

Renewal and Cancellation

"Here's what happens when your subscription renews or if you decide to cancel it."

Your payment to TensorPlay.ai will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. You can cancel your subscription anytime via the Payment Portal, accessible via the TensorPlay.ai navigation menu. Please contact our Customer Support team (support@tensorplay.ai) if you have questions or need help with this. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the TensorPlay.ai Service. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.

Fees and Payments

"This is all about how we handle payments for our subscription plans and what happens when we change prices."

We provide several subscription plans, which you can subscribe to by paying a fee in advance. The fee is exclusive of any taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. We reserve the right to modify our pricing structure at any time and will provide you with notice of any such changes in advance. The new pricing terms will take effect at the start of the next subscription period following the notice. By continuing to use the Platform after the price change takes effect, you accept the new pricing.

Changes to Terms

"As our platform evolves, so too may these terms. Here's how we handle such updates."

We hold the right, in our sole discretion, to amend or revise these Terms at any point. Any significant alterations will be communicated via the Platform. Your continued interaction with our services after any such updates indicates your acceptance of these revised Terms. We advise you to periodically review these Terms to ensure your understanding of the current stipulations is accurate.

Termination

"Endings can be bittersweet. This part outlines how either of us can choose to end this agreement and what happens when we do."

We maintain the right to suspend or terminate your access to the Platform in the event of any violations of these Terms, or for any other reason at our discretion. Upon such termination, your rights to use the Platform will immediately cease, and we reserve the right to delete your account and any associated content.

You also have the power to terminate these Terms at any time by discontinuing use of our services or providing us with a notice of termination. However, please note that certain obligations under these Terms may continue to apply even after termination.

Governing Law

"Legal issues can be complex. This section describes the legal rules and process that we'll use if we ever have a legal dispute."

The interpretation, application, and enforcement of these Terms, as well as any disputes arising from or related to your use of the Platform, will be governed by and construed in accordance with the laws of the State of Delaware, United States, excluding its conflict of law principles.

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, such dispute, claim, or controversy will be determined by arbitration in Delaware, United States, before a single arbitrator. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its rules and procedures. Judgment on the award may be entered in any court having jurisdiction.

By using our Platform, you agree to submit to this arbitration agreement and understand that this agreement requires that disputes be resolved through arbitration, and not by court litigation. This arbitration agreement is intended to be broadly interpreted and includes claims that were previously asserted in a lawsuit. Please note that there is no judge or jury in arbitration, and court review of an arbitration award is limited.

Disclaimer of Warranties

"We're committed to doing our best, but sometimes, things can be unpredictable. Here's what that means for your use of our services."

Our services and platform, TensorPlay.ai, are provided on an "as is" and "with all faults" basis. To the fullest extent permissible by law, we make no warranties, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.

We cannot guarantee uninterrupted or error-free operation of our services, the correction of defects, or that this platform or its servers are free of viruses or other harmful elements. We do not warrant or make any representations regarding the use or the results of the use of the platform's materials in terms of their correctness, accuracy, reliability, or otherwise.

Also, while we take measures to protect your data, we do not guarantee the availability or integrity of any files or data stored or transmitted through our platform. The creation of backups and the availability of data restoration are at our discretion. Please note that this disclaimer applies regardless of whether we have been advised or should have known of the possibility of such damage and notwithstanding any failure of essential purpose of any limited remedy.

Limitation of Liability

"In the rare event something goes wrong, here's our stance."

We, including our officers, directors, shareholders, employees, subcontractors, and agents, will not be liable for any direct, indirect, incidental, special, punitive, or consequential damages or losses, caused by any use, or inability to use, the platform. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of or should have known of the possibility of such damage.

If you are dissatisfied with the platform or any content on the platform, or with these Terms, your sole and exclusive remedy is to discontinue using the platform. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you. In such jurisdictions, our liability is limited and warranties are excluded to the greatest extent permissible by law, but shall, in no event, exceed $100.

Finally, we do not actively monitor the content on our platform and assume no responsibility for any content uploaded by our users. Nonetheless, we can take action to remove inappropriate or harmful content when we become aware of it. We may also take action against users who violate these terms, up to and including terminating their accounts.

Content License from You

"Like a librarian, we display your works, but ownership stays with you."

By uploading a file or other content, or when sharing content with us or on the platform, you grant TensorPlay.ai a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license (with the right to sublicense and assign) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods (now known or later developed). This license includes the right to make your content available to others for the use, distribution, derivative works, or incorporation into other works, and to grant and authorize sublicenses of the foregoing. You confirm that you have all the rights, power, and authority necessary to grant these rights.

User Content Verification

"Your creations are your responsibility."

We value the integrity of our community, which is why we ask you to agree that you will not submit protected data or infringe any other party's intellectual property rights when you submit your content. However, we can't guarantee that all content submitted to TensorPlay.ai will be free from these issues. We don't review all content submitted, and we are not responsible for the content's accuracy, legality, or compliance.

Force Majeure

"Some things are simply beyond our control."

We will not be held liable for any delays or failure in performance from any cause beyond our control, including acts of God, labor disputes, changes in law, war, terrorism, riots, changes in government policy, and natural disasters.

Links to Other Websites

"Think of these as different destinations with their own rules."

TensorPlay.ai may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services on or available from such websites or resources.

Terms for Paid Services

"Let's talk about how money matters work."

We may offer certain premium services for a fee, and these will be governed by additional terms which will be available to you when you access these services. This will include payment terms, the process for cancellation, refunds, and renewal, as well as how and when we may change our fees and charges.

Implied Consent

By using our Website, you are accepting the terms of this Privacy Policy and our Terms of Service. If you do not agree with any terms of this Privacy Policy or our Terms of Service, please do not use our Website or provide any personal information to us. Right to Erasure (Right to be Forgotten): You have the right to request the deletion or removal of your personal data where there is no compelling reason for us to continue processing it. This includes: Where the personal data is no longer necessary in relation to the purpose for which it was originally collected/processed. When you withdraw consent. When you object to the processing and there is no overriding legitimate interest for continuing the processing. The personal data was unlawfully processed (i.e., otherwise in breach of the GDPR). To exercise your Right to Erasure, please contact us at admin@tensorplay.ai. We will need to verify your identity before proceeding with your request. In some instances, we may be unable to erase your personal data due to legal reasons. If this is the case, we will inform you of this at the time of your request. Please be aware that once your data is deleted, it may not be recoverable, and we may not be able to provide certain services to you.

Contact Us

If you have any questions or concerns about these Terms, please feel free to contact us at admin@tensorplay.ai.

By using TensorPlay.ai, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with these Terms, you are not permitted to use the Platform.