Terms of Service

Last Updated: April 10, 2025

1. Introduction

Welcome to DigitalArtifact. These Terms of Service ("Terms") govern your access to and use of DigitalArtifact's website, services, and applications (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

2. Definitions

Throughout these Terms, we use certain terms with specific meanings:

  • DigitalArtifact (or "we", "us", "our") refers to DigitalArtifact Inc., the company that operates the Services.
  • User (or "you", "your") refers to any individual or entity that accesses or uses our Services.
  • Content refers to any text, images, prompts, or other material uploaded, generated, or otherwise provided through our Services.
  • AI-Generated Content refers to images or other digital content created using our artificial intelligence technology.
  • NFT (Non-Fungible Token) refers to a unique digital asset created on a blockchain that represents ownership of a specific item.

3. Account Registration and Eligibility

To access certain features of our Services, you may need to register for an account. When registering, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this age requirement.

4. AI Image Generation

4.1 Text Prompts and Generated Images

Our Services allow you to create images using AI technology by providing text prompts. The quality and nature of the generated images depend on various factors, including but not limited to the clarity and specificity of your prompts, the AI models used, and technological limitations.

4.2 Prohibited Content

You agree not to use our Services to create or distribute content that:

  • Is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable
  • Infringes on the intellectual property rights of others
  • Contains sexually explicit or pornographic material
  • Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group
  • Is violent or threatening or promotes violence or actions that are threatening to any person or entity
  • Promotes illegal activities

We reserve the right to review and remove any content that violates these guidelines.

4.3 Intellectual Property Rights in AI-Generated Images

When you create an image using our AI technology:

  • You retain the rights to use the generated images in accordance with these Terms
  • DigitalArtifact grants you a worldwide, non-exclusive license to use, reproduce, modify, distribute, and display the AI-generated images for personal or commercial purposes
  • You acknowledge that similar images may be generated for other users based on similar prompts
  • DigitalArtifact retains the right to use generated images to improve our Services

5. NFT Creation and Ownership

5.1 NFT Minting

Our Services allow you to mint NFTs from your AI-generated images. By minting an NFT, you:

  • Affirm that you have the rights to create an NFT from the image
  • Understand that blockchain transactions are irreversible
  • Accept responsibility for any gas fees or other blockchain-related costs

5.2 NFT Ownership and Rights

When you create and own an NFT through our Services:

  • You own the NFT as a digital asset on the blockchain
  • Your ownership of the NFT does not grant you exclusive copyright ownership of the underlying image
  • You may sell, trade, or transfer your NFT subject to any applicable royalties

6. User Conduct

When using our Services, you agree not to:

  • Violate any applicable laws or regulations
  • Infringe upon the rights of others
  • Impersonate any person or entity
  • Interfere with or disrupt the Services or servers
  • Attempt to gain unauthorized access to any part of the Services
  • Use the Services for any illegal or unauthorized purpose
  • Engage in any activity that could damage, disable, or impair the functioning of the Services

7. Fees and Payments

Our fee structure is as follows:

  • We offer both free and paid subscription plans
  • Fees for NFT minting may apply, as described in our pricing page
  • All fees are in USD unless otherwise specified
  • Subscription fees are charged at the beginning of each billing period
  • You can cancel your subscription at any time, but fees already paid are non-refundable

8. Disclaimers and Limitations of Liability

8.1 Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8.2 Limitation of Liability

IN NO EVENT WILL DIGITALARTIFACT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

9. Indemnification

You agree to defend, indemnify, and hold harmless DigitalArtifact, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

10. Term and Termination

These Terms will remain in full force and effect while you use the Services. We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

11. Changes to Terms

We may revise these Terms from time to time at our sole discretion. All changes are effective immediately when we post them. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.

12. Governing Law and Dispute Resolution

These Terms and any disputes arising out of or related to these Terms or the Services will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware.

13. Contact Information

If you have any questions about these Terms, please contact us at legal@digitalartifact.ai.