Golem Art Diffuser

Terms of Use

Important information

Prior to obtaining access to the Golem Art Diffuser (as defined below), please read the following information carefully and ensure that you understand each provision. These Terms comprise an agreement between the end-user (“You” or “User”) and Golem. By using this Golem Art Diffuser, including our application programming interface, software, tools, developer services, data, documentation, and website related to Golem Art Diffuser (hereinafter collectively as “Services”) you confirm that you have read, understood, and you accept all of the terms and conditions contained in this Terms. These Terms of apply to every territory where Golem Art Diffuser is available and include our Content Policy and Privacy Policy and other documentation, guidelines, or policies we may to You.

IF YOU DO NOT AGREE TO THE TERMS OF USE OF THIS GOLEM ART DIFFUSER OR YOU ARE UNABLE TO COMPLY WITH THESE TERMS, YOU MUST DISCONTINUE THE USING OF THE GOLEM ART DIFFUSER NOW. IN THIS CASE DISCONTINUING THE USE TERMINATE THE AGREEMENT BETWEEN YOU AND GOLEM. FAILURE TO COMPLY WITH THIS DIRECTIVE MAY RESULT IN A VIOLATION OF THE APPLICABLE LAWS OR REGULATIONS.

1. Preliminary provisions
   1. We and You. In these Terms “Golem”, "we" and "us" refers to Golem Factory GmbH, a company organized and existing under the laws of Switzerland, with its registered office in Zug at Dammstrasse 16 (street), Postal code: 6300 Zug, entered into the commercial register under CHE-143.168.192 number (“Golem”) and we offer the multimodal generative model that can create realistic images and art from a description in natural language (“Golem Art Diffuser”). These terms of use ("Terms”) apply to the rights and obligations of You using the Golem Art Diffuser.`
   2. Availability. Availability of the Services for the User residing outside the territory of the Switzerland may be limited in whole or in part.
   3. OpenRAIL license. Multimodal generative model being used in this Golem Art Diffuseris copyrighted to Robin Rombach and Patrick Esser and contributors under CreativeML Open RAIL-M license dated August 22, 2022, a copy of which is attached to these Terms in Attachment A.
   4. Additional terms. If a given service offered by Golem requires separate regulation, or if it results from its specificity (e.g. promotions or trading competition), its terms and conditions may be specified in additional terms, other than these Terms, which will constitute an integral part of these Terms.
2. Access
   1. Age limit. You must be 18 years or older and able to form a legally binding agreement online to use the Services, and have the full, right, power and authority to enter into and to comply with the obligations under these Terms. If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. By using the Services you declare that you meet the required age criteria.
3. Usage requirements
   1. Use of Services. You may access, and we grant you a non-exclusive, no-charge, royalty-free right to use, the Services in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services.
   2. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may use it without restriction or compensation to you.
   3. Restrictions. You may not (i) use the Services in a way that infringes, misappropriates or violates any person’s rights; (ii) 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 (except to the extent such restrictions are contrary to applicable law); (iii) use any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods, other than as permitted through the API; (iv) represent that output from the Services was human-generated when it is not; or (v) buy, sell, or transfer API keys without our prior consent. You will comply with any rate limits and other requirements in our documentation. You may use Services only in geographies currently supported by Golem.
   4. Third Party Services. 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.
   5. Limitations of use. Golem may limit the access to the Golem Art Diffuser to the users that have not linked their wallet with a amount of 10 GLM or minimum amount determined each time by Golem. In particular, Golem can limit the number of interactions that can be conducted as part of the Services within the particular time period.
4. Content
   1. Your Content. You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input, and subject to your compliance with these Terms, Golem hereby assigns to you all its right, title and interest in and to Output. Golem may use Content as necessary to provide and maintain the Services, comply with applicable law, and enforce our policies.
   2. Content accountability. You are responsible for the Input and for the Output you generate and its subsequent uses, including for ensuring that it does not violate any applicable law or these Terms.
   3. Golem rights. Please be aware that any Output You make in a shared or open space such as a Discord chatroom, is viewable by anyone in that chatroom. Golem is an open community which allows others to use and remix Your Outputs and prompts whenever they are posted in a public setting. By default, Your Outputs are publicly viewable and remixable when posted via Discord. As described above, You grant Golem and its successors a perpetual, worldwide, non-exclusive, sublicensable no-charge, royalty-free, irrevocable copyright license to publicly display, publicly perform, sublicense, and distribute your Input (e.g. text prompts), or Output produced by the Service at Your direction. This license survives termination of this Terms by any party, for any reason.
   4. Similarity of Content. Due to the nature of machine learning, Output may not be unique across users and the Golem Art Diffuser may generate the same or similar output for Golem or a third party. For example, you may provide input to a model such as “Color is the sun” and receive output such as the “picture of the sun”. Other users may also ask similar questions and receive the same response. Responses that are requested by and generated for other users are not considered your Content.
   5. Content Policy. You must comply with the Golem content policy and use based restrictions set forth in Attachment B.
   6. Content review. Golem may use third party contractors to review Content for safety and moderation purposes, which however, shall not be deemed as the Golem’s guarantee or obligations to verify the Content to confirm its compliance with these Terms.
   7. Copyright Complaints. If you believe that your intellectual property rights have been infringed, please send notice to the address below. We may delete or disable content alleged to be infringing and may terminate accounts of repeat infringers:
      
      Golem Factory GmbH, Dammstrasse 16 (street), Postal code: 6300 Zug
   8. Claims. Written claims concerning copyright infringement must include the following information:
      1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
      2. A description of the copyrighted work that you claim has been infringed upon;
      3. A description of where the material that you claim is infringing is located on the site;
      4. Your address, telephone number, and e-mail address;
      5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
      6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
5. Our Liability
   1. Indemnity. 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 Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.
   2. Disclaimer. Golem Art Diffuser and Services are continuously developed during the prototyping stage, thus features that Golem offers are still on an alpha, preview, early access, or beta basis and therefore Golem Art Diffuser and Services are provided “AS IS.” Except to the extent prohibited by law, we and our affiliates and licensors 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 content will be secure or not lost or altered.
   3. Limitations of Liability. Neither we nor any of our affiliates or licensors will be liable for any indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use, or data or other losses, even if we have been advised of the possibility of such damages.
6. Confidentiality, Security and Data Protection
   1. Confidentiality. You may be given access to Confidential Information of Golem, its affiliates and other third parties. You may use Confidential Information only as needed to use the Services as permitted under these Terms. You may not disclose Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. Confidential Information means nonpublic information that Golem or its affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other nonpublic business information. Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of yours; (ii) you already possess without any confidentiality obligations when you received it under these Terms; (iii) is rightfully disclosed to you by a third party without any confidentiality obligations; or (iv) you independently developed without using Confidential Information. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to Golem and use reasonable efforts to limit the scope of disclosure, including assisting us with challenging the disclosure requirement, in each case where possible.
   2. Security. You must implement reasonable and appropriate measures designed to help secure your access to and use of the Services. If you discover any vulnerabilities or breaches related to your use of the Services, you must promptly contact Golem and provide details of the vulnerability or breach.
   3. Cookies. Every time you visit the Golem Art Diffuser, you will be prompted to accept or refuse cookies. The purpose is to enable the Golem Art Diffuser to remember your preferences (such as language or your consent for these Terms etc.) for a certain period of time. That way, you don’t have to re-enter them when browsing around the Golem Art Diffuser during the same visit. Cookies can also be used to establish anonymised statistics about the browsing experience on our Golem Art Diffuser. The Attachment C explains how we use cookies when you visit our Application.
7. General Terms and Updates
   1. Use of Brands. You may not use Golem’s or any of its affiliates’ names, logos, or trademarks, without our prior written consent.
   2. Current version. The current Terms are available at https://image.golem.network/.
   3. Updates. The Terms may be regularly reviewed and updated as required. Each document comprising the Terms will include information on when it was last reviewed. You are advised to check these Terms periodically to familiarize yourself with any changes to the Terms. Please observe what version of the Terms applies to you before you use Golem Art Diffuser.
   4. Changes approval. Golem, in its sole discretion, reserves the right to make changes to the Terms or to issue new Terms in the course of the agreement with the User, in particular due to changes in the applicable law or due to changes in the functionality of the Services in order to provide its Users with more convenient terms of using both the Golem Art Diffuser and Services or in case of occurrence of other important reasons, including reasons of technological nature of theGolem Art Diffuser functioning. Changes are binding on users of the Services and will take effect immediately upon posting. As a User, You agree to be bound by any changes, variations, or modifications to our Terms and your continued use of the Golem Art Diffuser shall constitute acceptance of any such changes, variations, or modifications.
   5. Unless a representation, which may be subject to change without notice from time to time, is expressed to be given at a specific date, each representation is deemed to be repeated by you each time you use the Services. When a representation is repeated, it is applied to the circumstances existing at the time of repetition. You accept that Golem does not hold an obligation to verify your status with respect to your representations or obligations under the Terms.
   6. Assignment and Delegation. You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.
8. Jurisdiction and Governing Law
   1. Choice of Law. This Terms and all related documents and all matters arising out of or relating to these Terms, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of Switzerland without giving effect to the Swiss conflict of law provisions. The application of the United Nations Convention for Contracts for the International Sales of Goods is hereby expressly excluded.
   2. Court. You hereto irrevocably agrees that any legal action or proceeding with respect to these Terms and the rights and obligations arising hereunder, or for recognition and enforcement of any judgment in respect of these Terms and the rights and obligations arising hereunder brought by You hereto or yours successors or assigns, shall be brought and determined exclusively in the courts of Zürich, Switzerland, venue being Zurich 1. You hereby irrevocably submits to the exclusive jurisdiction of these courts and waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venue.
9. Contacting Us
   1. E-mail. Should you have any question about these Terms, or wish to contact us for any reason whatsoever, please do so by sending us an email at office@golem.network.