Last updated: July 2, 2023

Welcome to gameofprompts.ai (referred to as the “Services”). This Terms of Service document (hereafter “Agreement”) clarifies your rights related to images you create through the Service, and prompts you input (collectively called the “Assets”), your interaction with our Services, and vital subjects like arbitration. Please review this thoroughly. For details on our data practices, please refer to our privacy policy.

This Agreement is a mutual understanding between gameofprompts.ai and the individual or organization accepting these terms, referred to as the "Customer," “You,” or “Your”. It dictates the Customer's engagement with and utilization of the Services.

The Agreement becomes binding once the Customer encounters this Agreement and opts to utilize the Services (known as the "Effective Date") or to acquire or share Assets. These terms can be modified and reintroduced to the Customer occasionally. Persisting with the Services implies agreement with any revised terms. Should you disagree with any part of this Agreement, refrain from using our Services.

1) Availability and Quality

We continuously enhance our Services for an improved experience. These improvements mean that aspects of the Services, such as our underlying algorithms, or features available, may change. We cannot guarantee the quality, stability, reliability, or constant availability of our Services. It's advisable not to rely heavily on specific features or attributes of the Services or Assets. We won't be responsible for any damage resulting from your reliance on our Service.

Both the Services and Assets are provided "AS IS", devoid of any express or implied guarantees, including but not limited to title, non-infringement, salability, or suitability for a specific use. It's up to you to gauge the suitability of using or sharing the Assets, and you bear all risks linked to the Service usage.

Gameofprompts.ai retains the right to halt or revoke your access to the Services for any reason. The Services are off-limits for competitive analysis. You're prohibited from reverse engineering our Services or Assets and from employing automated means to interact with or create Assets. Each registered account is designated for a single user, and each user can maintain only one account.

We hold the authority to probe into any complaints or alleged breaches of our Terms of Service. We may respond as seen fit, which could include informing legal authorities, regulatory bodies, or other external parties. This might involve revealing relevant details such as user details, e-mail history, content uploaded, IP data, and user activity.

2) Age Restrictions

By utilizing our Services, you affirm that you're at least 13 years of age and comply with your country's age requirements for digital consent. If you qualify to use our Services based on age, yet lack the legal capacity to consent to these terms, a parent or guardian must endorse these terms for you.

Young users are encouraged to review these terms alongside their parents or guardians. Parents or guardians permitting their adolescents to access our Services are not only acknowledging these terms but also assuming responsibility for their teenager's conduct within our Services.

Gameofprompts.ai endeavors to maintain a PG-13, family-centric environment. However, since our Assets are generated through AI, driven by user inputs, the outcome might not always align with expectations. We offer no assurances about the appropriateness of the Assets for users.

3) Data You Share

Engaging with our Services may involve sharing personal details with gameofprompts.ai. This can include your email, username, payment details, preferred content, generated images, text prompts, or uploaded samples. For insights on how we manage and protect this data, please refer to our privacy policy.

4) Copyright and Trademark

Rights You Grant to gameofprompts.ai

By accessing our Services, you authorize gameofprompts.ai and its subsequent rights holders a perpetual, global, non-exclusive, royalty-free copyright license that is transferable and can be sub-licensed. This permission covers the reproduction, adaptation, public display, public performance, sublicensing, and distribution of text or image prompts you submit, or Assets directed by you. Notably, this license remains valid even after the Agreement is terminated by any party.

Your Rights

If you aren't a Paid Member, you won't have ownership rights over the Assets. Instead, you'll be granted a license under the Creative Commons Noncommercial 4.0 Attribution International License, also referred to as the “Asset License”. More details on this license can be found at: https://creativecommons.org/licenses/by-nc/4.0/legalcode.

For businesses with annual revenues surpassing $1,000,000 USD, if you're using our Services representing your employer, you're required to obtain a "pro" license packing for using the Services on your company's behalf. A "pro" license package is needed to claim ownership of created Assets. If you're uncertain whether you're representing your employer, it's best to assume you are. Please contact us at hello@gameofprompts.ai for more information regarding commercial licenses.

It's essential to note that gameofprompts.ai, being an open platform, permits other users to utilize and modify your publicly posted images and prompts. Your uploaded images are, by default, open for public viewing and modification. This license to gameofprompts.ai allows such interactions.

5) DMCA and Takedowns Policy

We uphold the intellectual property rights of all individuals. If you suspect that content on our Services infringes upon your copyright or trademark, promptly send an infringement notice to hello@gameofprompts.ai with the subject “Takedown Request.” Your notice should encompass:

1. Your physical or electronic signature.
2. Identification of the copyrighted or trademarked material you deem infringed. If multiple items are involved, provide a representative list.
3. Details of the perceived infringing material, sufficiently precise for us to pinpoint it.
4. Contact details including your name, address, phone number, and available email.
5. A declaration, in good faith, that the disputed use isn't sanctioned by the copyright owner, its agent, or the law.
6. An affirmation that your notice's content is accurate.
7. A statement, made under the risk of perjury, confirming your authorization to act for the copyright holder.
8. If the copyright is based on non-US laws, please specify the country.

Upon receiving a compliant notice, we may take actions such as:

• Removing the alleged infringing content or deactivating its accessibility.
• Informing the accused party about the removal or restricted access.
• Revoking Service access for users found infringing repeatedly.

6) Dispute Resolution and Governing Law

All legal claims stemming from or related to this Agreement, including any disputes about its interpretation or execution ("Dispute"), will be under the jurisdiction of the laws of Hungary. We emphasize the importance of this clause, urging you to understand that we refer to serious legal claims with potential economic implications, rather than personal disagreements without financial consequences.

Both parties shall make a genuine effort to resolve any Dispute within a 30-day timeframe from when the Dispute emerges. If the issue remains unresolved after 30 days, it will be settled through arbitration, adhering to the rules and procedures of the Hungarian Chamber of Commerce and Industry (HCCI) Arbitration Court.

The parties will collaboratively choose a single arbitrator. The arbitration proceedings will be conducted in Hungarian and will take place in Hungary.

Either party holds the right to seek injunctive relief from any competent court in Hungary to safeguard its rights while awaiting the arbitration's outcome. The arbitrator has the authority to mandate equitable or injunctive remedies in line with the Agreement's stipulated remedies and constraints.

The arbitration's verdict will be final, binding both parties. The award's enforcement can be pursued in any competent court in Hungary possessing jurisdiction over the involved party or its assets.

Regardless of the outcome of the arbitration, each party will cover its own legal and expert fees and expenses.

7) Community Guidelines

We value our community, so here are some rules to ensure everyone has a pleasant experience:

• Respect: Maintain a cordial attitude towards fellow members and our staff. Refrain from using prompts or creating images that are disrespectful, aggressive, or abusive. Any form of violence or harassment is strictly forbidden.
• Content Restrictions: Do not produce or promote adult content or gore. Aim to avoid content that might be shocking or disturbing. Some text prompts may be blocked by our system.
• Sharing Creations: Always seek permission before reposting another user's work publicly.
• Political Use: The Services should not be used for political campaigns or influencing elections.
• Share Responsibly: While sharing your creations outside of gameofprompts.ai is allowed, always consider the potential impact on others.
• Service Rights: Any breach of these guidelines might result in a ban from our services. Please remember, our platform is not governed by community vote. Maintain respect or risk forfeiting your privileges.

8) Limitation of Liability and Indemnity

We offer our service as-is, without any guarantees or promises. By using the service, you agree to the following:

• We won't be held responsible for any losses, whether they relate to profit, data, goodwill, or any other form of loss, even if these losses are indirect or consequential in nature.
• You're accountable for your actions on our platform. We won't mediate or intervene in disputes between users.
• If you knowingly violate someone’s intellectual property rights, resulting in a financial burden on us, expect us to seek compensation from you. We may also pursue additional actions, such as seeking attorney's fees. Respect intellectual property.

9) Miscellaneous

• Force Majeure: Neither party will bear responsibility for delays or failures in performance caused by uncontrollable events, like natural disasters, acts of God, terrorism, riots, or war.
• No Agency: This Agreement doesn't establish any form of agency, partnership, or joint venture between the involved parties.
• Severability: If any section of this Agreement is found to be unenforceable or illegal, the remaining parts will still be effective.
• No Third-Party Beneficiaries: This Agreement does not bestow any benefits upon third parties, unless explicitly stated.
• Survival: Aspects of this Agreement that logically should remain effective after its termination, especially intellectual property and privacy clauses, will do so.