Terms of Service
Last Updated Date: October 24th, 2023
Please read these Terms of Service ("Terms") carefully before using InkDrop (the "Website") and any services or resources available on the Website ("Services"). By accessing or using this Website, you agree to be bound by these Terms and our Privacy Policy as set forth by Trimythic (The "Company"). If you do not agree with all of these Terms, then you may not access or use the Website. The terms "You," "your," and "user" are used interchangeably and refer to anyone, whether an individual, natural person, or representing a legal entity, whether plural or singular, that accesses and/or uses the Company services.
1. Acceptance Of Terms
By accessing or using the Website, you agree to be bound by these Terms, whether you are a registered user or a visitor. If you do not agree with these Terms, you must discontinue your use of the Website.
2. Intellectual Property
The Website and its original content, features, and functionality are owned by the Company and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
3. Registration and Access Requirements
(a) The Website is not intended for use by individuals under the age of 18. The use of our services are prohibited if you are under 18.
(b) To register for an account, you must provide accurate and complete information. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials.
(c) If you utilize the Services on behalf of another individual or legal entity, you must possess the requisite authority to accept the Terms on their behalf.
4. Use Of The Website
(a) You agree not to use the Website for any illegal or unauthorized purpose, or in any manner which violates any applicable laws or regulations. You may not use the Services in a way that infringes, misappropriates or violates the rights of any individual. If the Company becomes aware of illegal or unauthorized use of the Website, we will comply with applicable legal requirements to delete the stored information.
(b) You agree not to attempt to bypass any security measures on the Website or attempt to gain unauthorized access to any part of the Website. This includes but is not limited to 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.
(c) You agree to not use output from the Services to develop models that compete with the Website or the Company.
(d) You acknowledge and agree that the Company may update the service with or without notifying you. 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. You may need to update third-party software from time to time in order to use the Service.
(e) The Company does not guarantee the storage of Content and is not intended as a back-up solution. You should back-up all Content that you consider important. The Company is not responsible for Content that is lost or damaged.
(f) We value Feedback, comments, ideas, proposals, and suggestions. By submitting any of these, you acknowledge that we may use them without limitation or obligation to provide compensation to you
5. Content
(a) You have the right to provide input to the Services (referred to as "Input") and receive generated output returned by the Services based on the Input (referred to as "Output"). Both Input and Output collectively constitute "Content." Insofar as permitted by relevant law, you possess ownership of all Input. In compliance with these Terms, the Company hereby transfers all its rights, title, and interest in and to Output to you. This entails the ability to use Content for any purpose, including commercial endeavors like sale or publication, provided you adhere to these Terms. The Company may employ Content for the purpose of offering and upholding the Services, conforming to applicable law, and upholding our policies. You bear responsibility for Content, including ensuring that it does not contravene any applicable law or these Terms.
(b) The Content generated by the AI on this Website are provided for informational and inspirational purposes only. They are not meant to be used as final tattoo designs without consultation with a professional tattoo artist.
(c) Given the inherent characteristics of machine learning, it is possible that the Output may not be exclusive to individual users, and the Services may produce identical or similar results for both the Company and a third party. You may use the same or similar Input as another User and and receive the same or similar Output. It is important to note that the Output generated for and requested by other Users are not deemed as your Content.
(d) You acknowledge and understand that the AI-generated content provided by the Services may not always be entirely accurate or error-free. The technology underlying the AI is constantly evolving, and while efforts are made to enhance its precision, there may be instances where the generated content may not meet your expectations. The Company is committed to ongoing development and improvement of the AI technology to deliver more accurate results over time. By using the Services, you agree to take this into consideration and understand that the Company is dedicated to refining the accuracy of the AI-generated content to the best of its abilities.
6. User-Generated Content
(a) You may submit your own tattoo designs for modifications ("User-Generated Content") to the Website. By submitting User-Generated Content, you grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display the Content.
(b) You agree not to submit any User-Generated Content that infringes on the intellectual property rights of any third party, violates any applicable laws, or is offensive, defamatory, or harmful.
(c) Content Pre-Screening Disclaimer. You understand and accept that the Company is not under any obligation to pre-screen Content, which encompasses User-Generated Content. However, the Company reserves the exclusive discretion to pre-screen, reject, or remove any Content. By entering into this Agreement, you provide your irrevocable consent to such monitoring. You acknowledge and concede that you hold no expectation of privacy regarding the transmission of your Content, including but not limited to images, or text. If the Company chooses to pre-screen, reject, or remove any Content, you acknowledge that it will be done for the Company's benefit. Furthermore, the Company reserves the right to remove any Content that contravenes the Terms of this Agreement or is otherwise deemed objectionable.
(e) Ensure you do not submit any Content that you do not have a right to edit, upload, post, share, email or otherwise transmit or make available according to any law, or due to contractual or fiduciary relationships. This includes inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements.
7. Payments
(a) Certain features or Services on this Website may be available through forms of payments or subscription plans ("Fees") in accordance with the prices and terms on the applicable pricing page. We reserve the right to correct any errors or mistakes in pricing, even if we have already issued an invoice or received payment.
(b) Pricing displayed does not include taxes, unless otherwise sated. You are responsible for paying the applicable taxes associated with your purchase. You agree to timely pay such Taxes and provide the Company with documentation showing the payment, or additional evidence that we may reasonably require. The Company uses the name and address provided in your account registration, or at the time of purchase as the place of supply for tax purposes, so you must keep this information accurate and up-to-date.
(b) By subscribing to a plan, you agree to pay the specified Fees on a recurring basis as outlined in the subscription details and you will provide complete and accurate billing information, including a valid and authorized payment method. You authorize the Company, and our third-party payment processor, to charge your payment method.
(c) If you choose to upgrade your subscription plan, you will receive a prorated credit for the remaining portion of your current subscription term, with the cost of the upgraded plan subtracted from the original subscription payment for that month.
(d) The Company retains the right to adjust subscription Fees, or implement new Fees, provided a minimum of 14 days advance notice is given, except in cases of increases mandated by legal requirements, which shall take immediate effect. All alterations will be communicated to you through the contact information you have provided. Any modifications in pricing will be applicable to the Fees billed to your account immediately following the effective date of the changes.
(e) Fees are payable in CAD dollars and are due upon invoice issuance. If you wish to dispute any Fees or Taxes, kindly contact customer-service@Trimythic.co within a period of thirty (30) days from the date of the disputed invoice. Undisputed outstanding amounts may be liable to accrue a charge of 1.5% of the unpaid balance on a monthly basis. In the event that any portion of your Fees remains overdue, we may temporarily suspend your access to the Services, following written notification of the delayed payment.
(f) The Company may offer free trials for certain subscription plans. At the end of the trial period, you will be automatically enrolled into the paid subscription plan unless you cancel before the trial period ends.
(g) All subscription payments and billing-related information will be handled in accordance with our Privacy Policy.
(h) The subscription Fees are non-refundable. If you choose to cancel your subscription, it will be effective at the end of the current billing cycle, and you will not be charged for subsequent periods.
(i) By subscribing to a plan on this Website, you acknowledge and accept these terms regarding subscription payments.
8. Indemnification; Warranty; Liability
(a) Indemnification. You shall indemnify, defend, and hold us, our affiliates, and our personnel harmless from and against any claims, losses, and expenses (including attorneys’ fees) arising from or related to your utilization of the Services, encompassing your Content, products or services developed or provided in connection with the Services, and any breach of these Terms or violation of applicable law.
(b) Disclaimer of Warranties. THE 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) REGARDING 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, AS WELL AS 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, NOR THAT ANY CONTENT WILL BE SECURE OR REMAIN UNALTERED.
(c) Limitation of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS SHALL 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. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS SET FORTH IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
9. Dispute Resolution
MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS
(a) Mandatory Arbitration. You and the Company agree to resolve any past or present claims pertaining to these Terms or our Services through final and binding arbitration. However, you have the option to opt out of these arbitration terms, as well as any future changes, by completing the provided form within 30 days of accepting these arbitration terms or the relevant amendments.
(b) Informal Dispute Resolution. Prior to pursuing formal legal action, you agree to attempt to address your concerns with the Company informally. Before initiating a claim against the Company, you commit to seek resolution of the dispute informally by notifying us at customer-support@Trimythic.co, providing your name, a description of the dispute, and the relief sought. If a dispute remains unresolved after 60 days, you may initiate a formal proceeding. The 60-day resolution process will toll any applicable statute of limitations. For residents of the EU, the European Commission offers an online dispute resolution platform, accessible at https://ec.europa.eu/consumers/odr.
(c) Arbitration Forum. Either party may initiate binding arbitration through ADR Services, an alternative dispute resolution provider. Both parties will share the arbitration fees equally. If the arbitrator determines that you are unable to cover the arbitration fees and are ineligible for a waiver, the Company will cover them on your behalf. The Company will not seek reimbursement for its attorneys’ fees and costs in arbitration, unless the arbitrator deems your claim to be frivolous.
(d) Arbitration Procedures. The arbitration will be conducted by telephone, based on written submissions, video conference, or in person in San Francisco, California, or at another mutually agreed location. The arbitration will be presided over by a sole arbitrator appointed by ADR Services, following its prevailing rules. All matters are subject to the arbitrator&apros;s determination, except a California court holds authority to decide (i) the scope, enforceability, and arbitrability of this Section 8, including the mass filing procedures below, and (ii) whether you have complied with the pre-arbitration requirements outlined in this section. The amount of any settlement offer will not be disclosed to the arbitrator by either party until after the arbitrator renders the final award, if any.
(e) Exceptions. This arbitration section does not mandate arbitration for the following claims: (i) individual claims brought in small claims court; and (ii) requests for injunctive or other equitable relief to halt unauthorized use or abuse of the Services, or instances of intellectual property infringement.
(f) No Class Actions. Disputes must be pursued on an individual basis exclusively, and may not be pursued as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are prohibited. In the event a dispute is litigated in court rather than resolved through arbitration, each party expressly and irrevocably waives the right to trial by jury in any action, proceeding, or counterclaim. This provision does not preclude either party from participating in a class-wide settlement of claims.
(g) Mass Filings. In the event that 30 or more similar demands for arbitration are filed against the Company or related parties by the same or coordinated counsel or entities ("Mass Filing"), ADR Services will randomly assign sequential numbers to each of the Mass Filings. Claims numbered 1-10 will be designated as the "Initial Test Cases" and will advance to arbitration first. The arbitrators will issue a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference, unless the claims are resolved beforehand or the parties mutually agree to extend the deadline. Subsequently, the parties will have 90 days (the "Mediation Period") to mediate and potentially resolve the remaining cases based on the awards from the Initial Test Cases. If the parties are unable to resolve the outstanding claims during this time, they may choose to opt out of the arbitration process and proceed in court by providing written notice to the other party within 60 days following the Mediation Period. Otherwise, the remaining cases will proceed to arbitration in their designated order. Any statute of limitations will be tolled from the time the Initial Test Cases are selected until your case is chosen as described above.
(h) Severability. If any portion of this Section 8 is determined to be illegal or unenforceable, the remainder shall remain in effect, unless a finding of partial illegality or unenforceability would allow for Mass Filing or class or representative arbitration, in which case this Section 8 will be unenforceable in its entirety. Nothing in this section shall be construed to waive or otherwise restrict the right to seek public injunctive relief or any other non-waivable right, pending a ruling on the substance of such claim from the arbitrator.
10. Privacy
Please review our Privacy Policy for information on how we collect and use data.
11. General Terms
(a) These Terms shall not establish a partnership, joint venture, or agency affiliation between you and the Company. The Company and you operate independently, and neither party shall possess the authority to legally bind the other or assume liabilities on behalf of the other party without obtaining the prior written consent of the other party.
(b) You may not use the Company or the Website names, logos, or trademarks, without our prior written consent.
(c) If you believe that your intellectual property rights have been infringed, please contact customer-service@Trimythic.co
(d) The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. It is your responsibility to review these Terms periodically.
(h) If you do not comply with these Terms, and the Company does not take action right away, this does not mean the Company is giving up any of our rights.
(G) You recognize that any violation or breach of these Terms may result in irreparable harm to the Company and its affiliates. Consequently, the Company reserves the right to pursue injunctive relief against you, in addition to any other available legal remedies
13. Contact Us
If you have any questions about these Terms, please contact us at customer-support@Trimythic.co. By using this Website, you signify your acceptance of these Terms. If you do not agree to these Terms, please do not use our Website. Your continued use of the Website following the posting of changes to these Terms will be deemed your acceptance of those changes.