Terms of Service

Thank you for using the Saptiva platform. These Terms of Service ("Terms") govern the relationship between Saptiva, Inc. ("Saptiva", "we", "our") and the entity or person ("Customer", "You", "Your") using or accessing our services, applications, or platform through our website at Saptiva.com (the "Site"), through any of our Discord servers, or by any other means (together, the "Services").

These Terms explain what rights you have with respect to images and other assets you might generate with the Service (the "Assets"), prompts you might enter into the Service (the "Inputs"), your use of the Services, and other important topics like arbitration. Our privacy policy outlines how we handle your data. Please carefully read these Terms, along with our privacy policy and all other documents referenced herein.

Service Availability and Quality

We are constantly improving the Services to make them better. The Services are subject to modification and change, including but not limited to the art style of Assets, the algorithms used to generate the Assets, and features available to the Customer. No guarantees are made with respect to the Services' quality, stability, uptime, or reliability. Please do not create any dependencies on any attributes of the Services or the Assets. We will not be liable to You or Your downstream customers for any harm caused by Your dependency on the Service.

Saptiva reserves the right to suspend or ban Your access to the Services at any time, and for any reason. Additional restrictions include:

• You may not access or use the Services for purposes of developing or offering competitive products or services.
• You may not reverse engineer the Services or the Assets.
• You may not use automated tools to access, interact with, or generate Assets through the Services.
• You may not resell or redistribute the Services or access to the Service.
• Only one user may use the Services per registered account. Each user may only have one account.
• You may not use the Service to try to violate the intellectual property rights of others, including copyright, patent, or trademark rights.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including reporting suspected unlawful activity to law enforcement officials, regulators, or other third parties.

Age Requirements

By accessing the Services, You confirm that You are at least 13 years old and meet the minimum age of digital consent in Your country. If You are old enough to access the Services in Your country, but not old enough to have authority to consent to our terms, Your parent or guardian must agree to our terms on Your behalf.

If You are a parent or legal guardian, and You allow Your teenager to use the Services, then these terms also apply to You and You are responsible for Your teenager's activity on the Services.

Saptiva tries to make its Services PG-13 and family friendly, but the Assets are generated by an artificial intelligence system based on user queries. This is new technology and it does not always work as expected. No guarantees are made as to the suitability of the Assets for the Customer.

Your Information

By using the Services, You may provide Saptiva with personal information like Your email address, user name, billing information, favorites, image outputs, and text prompts that You enter, or sample images that You upload to the Service. Our privacy policy describes how we handle this data.

Content Rights

Your Rights and Obligations

You own all Assets You create with the Services to the fullest extent possible under applicable law. There are some exceptions:

• Your ownership is subject to any obligations imposed by this Agreement and the rights of any third parties.
• If you upscale the images of others, these images remain owned by the original creators.

Your ownership of the Assets you created persists even if in subsequent months You downgrade or cancel Your membership. You are responsible for all Content that you provide or generate, including ensuring that it does not violate any applicable laws or this Agreement, and that you have all necessary rights and permissions.

Rights You Give to Saptiva

By using the Services, You grant to Saptiva, its affiliates, successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute the Content You input into the Services, as well as any Assets produced by You through the Service. This license survives termination of this Agreement by any party, for any reason.

Remixing and Stealth Mode

Saptiva is an open community which allows others to use and remix Your Content whenever they are posted in a public setting. By default, Your Content is publicly viewable and remixable.

If You purchased the Stealth feature as part of Your "Pro" or "Mega" subscription, we agree to make best efforts not to publish any Assets You make in any situation where you have engaged stealth mode. Please be aware that any image You make in a shared or open space, such as a Discord chatroom, is viewable by anyone in that chatroom, regardless of whether Stealth mode is engaged.

DMCA and Takedowns Policy

Notification Procedures

We respect the intellectual property rights of others. If you believe that material located on or linked to by the Services violates your copyright or trademark, please send a notice of claimed infringement to [email protected] with the subject "Takedown Request," including the following:

• Your physical or electronic signature.
• Identification of the copyrighted work (or mark) you believe to have been infringed.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate it.
• Adequate information by which we can contact you (name, postal address, telephone number, and email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
• If the copyright owner's rights arise under the laws of a country other than the United States, please identify the country.

You may also send notices to:

Upon receipt of a compliant notice, we reserve the right to remove or disable access to the accused material, notify the accused party, and terminate access for users who engage in repeated acts of infringement.

Counter-Notification Procedures

If you believe that material was removed or disabled by mistake or misidentification, you may file a counter-notification with our copyright agent (address above). Such notification must include:

• Your physical or electronic signature.
• Identification of the material that has been removed and the location at which it appeared before removal.
• Adequate information by which we can contact you.
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located.

The DMCA allows us to restore the removed content within 10–14 business days unless the complaining party initiates a court action against you during that time period and notifies us of the same.

Dispute Resolution and Governing Law

In the event a dispute, controversy, or claim arises out of or relating to these Terms ("Dispute"), the Dispute will be resolved by binding arbitration rather than in court. The parties will first try in good faith to settle any Dispute within 30 days. If not resolved, it shall be resolved by binding arbitration by the American Arbitration Association's International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules.

The arbitration will be conducted in English in Santa Clara County, California, USA. By agreeing to mandatory arbitration, You and Saptiva knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim, except that either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration.

Each party will bear its own lawyers' and experts' fees and expenses, regardless of the arbitrator's final decision regarding the Dispute.

Unlimited Service and Rate Limiting

If You purchase an unlimited plan, we will try to reasonably offer You unlimited access to the Services. However, we reserve the right to rate limit You to prevent quality decay or interruptions to other customers.

Payment and Billing

We may invoice You for Your use of the Services through a third-party payment service provider. The third-party service provider's terms of service shall govern and supersede this Agreement in case of conflict, solely with respect to payment processing.

You are free to cancel Your plan at any time. We also reserve the right to terminate Your access to the Service for any reason, including for violation of the Community Guidelines or other inappropriate use of the Service. You will not be refunded for the current subscription period, but You will not be charged after the current subscription period has ended.

Community Guidelines

• Be kind. Do not create images, use text prompts, or submit content that are inherently disrespectful, aggressive, hateful, or otherwise abusive. Violence or harassment of any kind will not be tolerated.
• No adult content or gore. Please avoid making visually shocking or disturbing content. We will block some text inputs automatically.
• Respect others' creations. Do not distribute or publicly repost the creations of others without their permission.
• You may not use the Services to generate images for political campaigns, or to try to influence the outcome of an election.
• You may not use the Services or the Assets to attempt to or actually deceive or defraud anyone.
• You may not use the Services for illegal activity nor upload images that involve illegal activity.
• You may not intentionally mislead recipients of the Assets about their nature or source.
• Respect others' rights. Do not upload others' private information.
• Be careful about sharing. It's OK to share Your creations outside of the Saptiva community but please consider how others might view Your content.
• Banhammer. Any violations of these rules may lead to bans from our services. Behave respectfully or lose Your rights to use the Service.

Limitation of Liability and Indemnity

We provide the service as is, and we make no promises or guarantees about it.

You are responsible for Your use of the service. If You harm someone else or get into a dispute with someone else, we will not be involved.

To the extent permitted by law, you will indemnify and hold us harmless, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys' fees) from third-party claims arising out of or relating to your use of the Services and Assets or any violation of these Terms.

Image Editor

Saptiva's Image Editor tool ("Editor") is provided as part of the Services and is subject to the terms and conditions outlined in this Agreement. By accessing and using Editor, you agree to comply with the conditions set forth in this section.

Editor Access and Restrictions

Editor is available exclusively to users who have either purchased a subscription on an annual basis, have created more than 10,000 Assets, or have continuously subscribed to Saptiva for more than 12 months. Your access to Editor is contingent on your subscription status and you must meet the age requirements outlined in this Agreement.

In using Editor, you shall not violate any applicable laws, this Agreement, Saptiva Community Guidelines, or any other Saptiva policies. Saptiva reserves the right to remove any content that you upload or generate using Editor, or suspend or ban your access at any time, and for any reason.

Editor Content

You are responsible for all content, including any images and prompts, that you input or generate when using Editor. You represent and warrant that you have all necessary rights and permissions to provide, edit, and share such content, including obtaining necessary permission from anyone who may be depicted in the images. You will not upload content, enter prompts, or use Editor in any way that infringes or violates any third-party intellectual property or privacy rights.

Miscellaneous

• Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
• No Agency. This Agreement does not create any agency, partnership, or joint venture between the parties.
• Severability. If any part of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
• No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.
• Survival. The sections and obligations in this Agreement that a reasonable person would expect to survive this Agreement will. Particularly the IP and privacy provisions.
• Governing Law. This Agreement shall be governed by the laws of the State of Texas, USA, without reference to conflict of law rules. All disputes will be governed by the arbitration agreement above.

Questions?

If you have any questions about these Terms of Service, please contact us at [email protected].