Last updated: 07 January, 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Country refers to: Luxembourg

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to AI Horde.

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

• Service refers to the Website and the use of the REST API endpoints.

• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.

• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

• Website refers to AI Horde, accessible from https://aihorde.net

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

• Worker means the individual behind a node generating images or text, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

• Requestor means the individual providing the prompt reruesting the generation of images or text, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 13. The Company does not permit those under 13 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to 100 EUR. Since this Service does not offer anything for purchase, we have no further liabilities.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Cryptocurrencies

We do not allow this service to be used with cryptocurrency, Non-Fungible Token (NFTs) and blockchain technologies. if we discover you utilizing this website for any of these purposes, we reserve the right to teminate your account without notice.

Website-Specific

Kudos

The Kudos system used by this website is not a currency or meant to be one. It is also not a blockchain technology. It is meant as a method to efficiently prioritize requests.

We allow you to transfer your Kudos to other accounts, but we reserve the right to modify Kudos amounts as we see fit for the improvement of the use of this service. We offer no guarantee to preserve the Kudos amounts.

We do not allow exchanging Kudos for real world currency and reserve the right to remove all kudos from the users who are engaging in this practice.

Accounts Management

We do not maintain user accounts registed using one of our provided OAuth services (Google, Discord, Github, etc). Any account management (e.g. password reset) has to be done via the original provider.

You accept that pseudonymous accounts, created without logging in to OAuth services, are unmaintainable and that you create one such account at your own risk.

Forbidden Use-cases

• We do not allow this service to be used to generate characters depicting underage characters in sexually explicit or sexually suggestive scenarios. Even if those characters are clearly drawn.

• We do not allow this service to be used in any way which promote fascist ideology.

• We do not allow this service to be used in any way that would benefit police forces or the prison-industrial complex.

• We do not allow this service to be used in any way which would promote hate speech.

Accounts Management

We do not maintain user accounts registed using one of our provided OAuth services (Google, Discord, Github, etc). Any account management (e.g. password reset) has to be done via the original provider.

You accept that pseudonymous accounts, created without logging in to OAuth services, are unmaintainable and that you create one such account at your own risk.

Image Sharing

As an opt-in feature when you generate requests as a registered user, or always when using this service anonymously, we will share your text2img generations only (we will not share img2img or inpainting) and their metadata (including prompt) with the LAION non-profit to help them improve their datasets.

Image License

The models are licensed with a CreativeML Open RAIL-M license. The website claims no rights on the outputs you generate, you are free to use them and are accountable for their use which must not go against the provisions set in this license. The license forbids you from sharing any content that violates any laws, produces any harm to a person, disseminates any personal information that would be meant for harm, spreads misinformation and targets vulnerable groups. For the full list of restrictions please read the license.

Image Content

This service merely facilitates the efficient connection of requestors and workers. It is not storing or processing any of the content. You are solely responsible for the content your request and generate.

As a requestor, you accept that this service is merely a connection mechanism between you and a worker. You are ultimately responsible for the image content you request (see image license above) and this service has no obligation to control the generated content as it passes through. It is also your responsibility to not send any images for img2img which your country will consider illegal.

As a worker, you accept that this service is merely a connection between you and a requestor. It is your own responsibility to ensure that your worker does not generate any images that you find questionable or that are not allowed by your country's laws, and this service has no obligation to control the request as it passes through. You also accept that this service has no liability for images the clients send for img2img generations.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: aihorde@dbzer0.com