AI Generator Terms of Service ("Terms")
These Terms apply when you use the Blieve.ai Image Generator, Video Generator and/or any other services (“Services”) available at http://www.blieve.ai/ to generate content. By accessing or using our Services, you agree to be bound by these Terms, our General Terms of Use, Privacy Policy and Cookie Policy which are incorporated herein by reference. In the event of any inconsistency, these Terms shall prevail.
Access to the Services
You must be sixteen (16) years old or older to use or access the Services. If you are under sixteen (16) years old, your use of the Services must be directly supervised by your parent or guardian who agrees to be bound by these Terms. Any use or access to the Services by anyone under sixteen (16) years old who is not directly supervised by an adult is strictly prohibited and in violation of these Terms.
If you use the Services on behalf of your entity, you must have the authority to accept these Terms on their behalf.
Usage Requirements
You may provide input such as prompts consisting of text, keywords and/or input images to the Services (where applicable) (“Input”) and receive output generated by the Services based on the Input consisting of AI-generated content and/or variations of images powered by AI ("Output").
For the avoidance of doubt, you are solely responsible for the Output, including that it does not violate any applicable law or infringe any rights, including but without limitation to Intellectual Property Rights (defined below). Please consult a legal professional/advisor before using the Services if you have any legal concerns.
When you use the Services, you are giving us and our successors a perpetual, worldwide, non-exclusive, sublicensable, royalty-free, and irrevocable right to reproduce, prepare derivative works of, publicly display, publicly perform, resell, sublicense and distribute the Input you have provided and the Output produced by the Services at our discretion with no further payment to you. This clause will survive the termination of these Terms, for any reason.
Restrictions
You shall NOT:
- use the Services and Output in a way that infringes, misappropriates or violates any person’s rights;
- reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services;
- use the Output from the Services to develop models that compete with us;
- represent that the Output from the Services are human-generated when it is not;
- use the Services or Output to defame, harass, threaten, menace or offend any person; and
- use the Services or Output for unlawful, abusive, pornographic, deceptive, obscene, slanderous, defamatory, offensive, violent, hate speech or otherwise inappropriate purposes.
"Intellectual Property Rights" is hereby defined as all intellectual property rights whether or not registered or registrable in any part of the world which includes, but without limitation to, rights in respect of or in connection with (i) trademarks, service and other marks, (ii) patents and patent applications, (iii) designs, (iv) copyrights and rights analogous to copyright, (v) trade, business and domain names, (vi) inventions, discoveries, improvements, designs and techniques, (vii) confidential processes and information and know-how, and (viii) image and/or publicity rights.
Fees and Payments
You shall use your subscription quota or download credit(s) to download the Output according to the prices and terms on the applicable pricing page upon download, or as otherwise agreed between us in writing. We reserve the right to make amendments to the pricing at any time.
Term and Termination
These Terms take effect when you first use our Services and remains in effect until terminated. You may terminate these Terms at any time for any reason by discontinuing the use of our Services and the Output. We reserve the absolute right to block, restrict, suspend and/or terminate your access to the Services or any part thereof at any time and without notice or liability to you. Upon termination, you will stop using our Services and you will promptly destroy all the Output.
Disclaimers
We provide no warranties that you will be able to trademark or copyright the Output, and that such Output will not infringe on any third-party Intellectual Property Rights. Please consult your attorney on the respective laws if you wish to trademark or copyright the Output.
Due to the nature of machine learning and artificial intelligence learning, the Output generated by our Services may not be unique across users and the Services may generate the same or similar Output for other third parties.
Also, the Output generated by our Services may not be accurate. As such, we are constantly working to improve our Services to make them more accurate, reliable, safe and beneficial. You shall have the responsibility to evaluate the accuracy of any Output as appropriate for your use, including using human review of the Output.
Any third-party software, services, or other products you use in connection with the Services are subject to their own terms, and we are not responsible for third-party products.
Indemnification and Limitation of Liability
You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your Input, Output, products or services we develop or offer in connection with the Services, and your breach of these Terms or violation of any applicable law.
IMPORTANT DISCLAIMER: THE SERVICES ARE PROVIDED “AS IS” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS (IF ANY) MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY SERVICES WILL BE SECURE OR NOT LOST OR ALTERED.
You agree that neither us nor our respective affiliates, nor any of the respective officers, directors, employees, owners, agents, representatives, and licensors, shall be liable for any direct, general, punitive, special, incidental, indirect or consequential damages or loss of profits or any other damages, costs or losses arising from any use or non-use of the Services even if we have been advised, or advised of the possibility, of such damages.
Governing Law and Dispute Resolution
These Terms shall be governed by the laws of Singapore, without regard to the conflict of laws principles.
All disputes arising out of or in connection with the performance of our Services or this Terms shall be settled through friendly negotiations. If the parties are unable to resolve any such dispute within thirty (30) days after the commencement of negotiations, the parties agree that the dispute shall be settled by arbitration in Singapore under the Singapore International Arbitration Centre ("SIAC"). The number of arbitrators shall be one (1) and the language of the arbitration shall be English. The arbitral award shall be final and binding upon both parties.
You also fully agree to the class action waiver provisions and all disputes must be brought on an individual basis only.
Assignment
You may not assign any rights or obligations under these Terms to any third party. We shall be entitled to assign these Terms in connection with a merger, acquisition or sale of all or substantially all of the Services, to any affiliate or as part of a corporate reorganization.
Modifications
We may amend these Terms from time to time by posting a revised version on the website. All changes will be effective immediately. Your continued use of the Services after any change means you agree to such change.
Waiver and Remedies
If you do not comply with these Terms, and we do not take action right away, this does not mean we are giving up any of our rights. You agree that if you violate any of these Terms, it may cause irreparable harm to us and we shall have the right to seek injunctive relief against you in addition to any other legal remedies.
Language
These Terms are written in English with a reference translation in another language (if necessary). In the event of any conflict in interpreting or construing these Terms, the English version shall prevail.
Last Updated: 6 January 2025