Terms of Service

BEFORE USING THE SERVICES PROVIDED BY PRACTAL AI, PLEASE CAREFULLY REVIEW THESE TERMS OF SERVICE (“AGREEMENT” OR “TERMS OF SERVICE”). THIS AGREEMENT OUTLINES THE LEGALLY BINDING TERMS AND CONDITIONS GOVERNING YOUR USAGE OF THE PRACTAL AI WEBSITE AND ALL ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO ANY FEATURES, CONTENT, WEBSITES (INCLUDING WWW.PRACTAL.AI), OR APPLICATIONS OFFERED PERIODICALLY BY PRACTAL AI IN CONNECTION THEREWITH (COLLECTIVELY REFERRED TO AS THE “SERVICES”). YOUR UTILIZATION OF THE SERVICES IN ANY CAPACITY SIGNIFIES YOUR ACCEPTANCE OF THIS AGREEMENT.

BY USING THE SERVICES IN ANY WAY, YOU ASSERT AND GUARANTEE THAT YOU HAVE THE FULL AUTHORITY TO ACCEPT AND BE BOUND BY THIS AGREEMENT BETWEEN YOURSELF AND PRACTAL AI (HEREIN REFERRED TO AS “PRACTAL AI”). IF YOU REGISTER FOR THE SERVICE ON BEHALF OF AN ORGANIZATION USING AN EMAIL ADDRESS PROVIDED BY YOUR EMPLOYER OR ANOTHER ENTITY, (I) YOU AFFIRM AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THAT ENTITY WITH THE AUTHORITY TO BIND IT TO THESE TERMS OF SERVICE; (II) YOUR UTILIZATION OF THE SERVICE WILL BIND THAT ENTITY TO THIS AGREEMENT; AND (III) THE TERMS “YOU” AND “YOUR” IN THESE TERMS OF SERVICE WILL APPLY TO BOTH YOU AND THAT ENTITY.

Acceptance of Terms of Service

By utilizing the Service, you may input text prompts and upload your own images or content (collectively referred to as “Inputs”), over which you have full control and responsibility, to generate images or content (collectively referred to as “Outputs”). You affirm and guarantee that you possess all rights, title, and interest in and to your Inputs, or that you have obtained all necessary rights to utilize your Inputs. Both Inputs and Outputs are collectively denoted as “Assets” herein. Through our Service, Practal AI provides you with AI-assisted tools for creating and modifying such Assets. Additionally, we foster an open creative community that permits others to utilize and synthesize or reuse your Assets whenever they are shared in a public context. By default, your Assets may be publicly viewable and remixable by others.

The Service is provided under the condition of acceptance without alteration of all these Terms of Service and all other operational regulations, policies, and procedures that may be periodically published in connection with the Services by Practal AI. Furthermore, certain services available through the Service may be governed by additional terms and conditions established by Practal AI from time to time. Your utilization of such services is contingent upon those additional terms and conditions, which are integrated into these Terms of Service by this reference.

Practal AI reserves the right, at its sole discretion, to decline the provision of the Service to any individual or entity and modify its eligibility criteria at any given time. This provision is null and void in jurisdictions where prohibited by law, and access to the Service will be revoked in such instances.

DMCA and Takedowns Policy

Practal AI employs artificial intelligence systems to generate Assets. These Assets may inadvertently resemble copyrighted material or trademarks owned by others. We uphold the rights of international rights holders, and we expect our users to do the same. If you believe that the Service is infringing upon your copyright or trademark, please contact us at support@practal.ai. We will promptly investigate your claim and take appropriate actions in accordance with the Digital Millennium Copyright Act and other relevant intellectual property laws regarding any alleged or proven infringement

Modification of Terms of Service

At its sole discretion, Practal AI reserves the right to modify or replace any of the Terms of Service, or to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or content) at any time. This may be done by posting a notice on the Practal AI website or Service, or by sending you an email. Practal AI may also impose limitations on certain features and services, or restrict your access to parts or all of the Service, without prior notice or liability. It is your responsibility to periodically review the Terms of Service for any changes. Your continued use of the Service following the posting of any modifications to the Terms of Service constitutes acceptance of those changes.

As we continuously strive to enhance our Service for your benefit, please be aware that the Services may undergo modifications, discontinuations, and other adjustments. This includes, but is not limited to, changes in the style of Assets, the algorithms and/or models utilized to generate the Assets, and the availability of features. While we aim to provide a high-quality and reliable Service, we cannot guarantee the ongoing quality, stability, uptime, or reliability of the Service or Assets, except as expressly specified in specific agreements with you.

Trademarks and Patents

All logos, marks, and designations associated with Practal AI are trademarks or registered trademarks of Practal AI. Any other trademarks mentioned on this website belong to their respective owners. Unauthorized use of the trademarks and logos displayed on this website is prohibited without the prior written consent of Practal AI or the respective owners. Certain portions, features, and/or functionalities of Practal AI's products may be protected by Practal AI patent applications or patents.

Licensing Terms

Subject to your agreement to comply with this Agreement, its conditions, and any applicable limitations imposed by Practal AI or by law, the following provisions shall apply: (i) You are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, and freely revocable license to access and utilize the Service for either personal or business purposes. (ii) Any Assets generated through your use of the Services shall be deemed your exclusive property. (iii) We hereby transfer and assign to you all rights, title, and interest in and to said Assets for your personal or commercial utilization. Save as expressly provided herein, Practal AI reserves all rights not explicitly granted under these Terms of Service. Each individual user must maintain a distinct account, and you bear sole responsibility for any activities undertaken using your account. Failure to adhere to any provision of our Terms of Service may result in the immediate termination of your access to our Service.

By utilizing the Services, you hereby grant Practal AI, its successors, and assigns an everlasting, global, non-exclusive, sublicensable, royalty-free, irrevocable copyright license, without charge, to utilize, reproduce, process, modify, adapt, publish, transmit, create Derivative Works of, publicly display, publicly perform, sublicense, and/or distribute the text prompts and images you input into the Services, or the Assets produced by the Service under your direction. This license empowers Practal AI to make the Assets available to the public and to utilize said Assets as necessary for the provision, maintenance, promotion, and enhancement of the Services, in addition to compliance with applicable laws and enforcement of our policies. You acknowledge that this license does not entitle you to compensation from Practal AI for your submission or creation of Assets, as your use of the Services constitutes sufficient consideration for the grant of rights herein. Furthermore, you grant each user of the Service a global, non-exclusive, royalty-free license to access your publicly accessible Assets via the Service and to utilize those Assets (including reproduction, distribution, modification, display, and performance) only as facilitated by a Service feature. The license granted to Practal AI remains in effect even after termination of this Agreement by any party, for any reason.

Fees and Payments

Practal AI provides both free and paid Services. Currently, subscription options are not available, but they will be offered in the future. The app operates on a credit or token-based system, which users can utilize to access the platform. Upon subscription availability, users can sign up for a recurring subscription, payable in U.S. dollars, which will automatically renew based on the chosen term. You retain the freedom to discontinue your usage of the Service and terminate your subscription at any time, either through the website or by contacting us via email at support@practal.ai. However, please note that upon cancellation, you will not be entitled to a refund or credit for any amounts already billed or paid. Practal AI reserves the right to modify its prices at its discretion. In the event of changes to pricing, if you are subscribed, such adjustments will not affect you until your next renewal period or until thirty (30) days after notification, whichever occurs later.

Unless explicitly stated otherwise, your subscription fees ("Fees") exclude federal, state, local, and foreign taxes, duties, and similar assessments ("Taxes"). You bear responsibility for all Taxes associated with your purchase, and we reserve the right to invoice you for such Taxes. It is your obligation to promptly settle these Taxes and furnish us with appropriate documentation demonstrating payment or any additional evidence we may reasonably request. In the event of overdue Fees, we retain the right to suspend your access to the Services following written notice of late payment. Creating multiple accounts to exploit the Free tier of our Services is prohibited. Should we suspect that you are not utilizing the Free tier in good faith, we reserve the right to impose standard fees or discontinue access to the Services.

Rules and Conduct

As a prerequisite for utilizing our Service, you are required to adhere to our Content Policy (outlined below), and refrain from employing the Service for any purposes prohibited by the Terms of Service. By way of illustration, but not limitation, you shall refrain from (and shall not permit any third party to) undertake any action (including utilizing the Site, any Assets, or our models or derivatives thereof) that: constitutes a violation of any applicable law, rule, or regulation; infringes upon the intellectual property or other rights of any individual or entity; is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, promotes self-harm, or is profane; creates Assets that exploit or abuse children; generates or disseminates demonstrably false information with the intent of causing harm to others; impersonates or attempts to impersonate others; generates or disseminates personally identifiable information; creates Assets that imply or promote support for a terrorist organization; creates Assets that endorse or incite violence against individuals based on any protected legal category. Use of the SDXL model is subject to and governed by the license outlined here.

As a continuation of the Content Policy, please refrain from generating or attempting to generate, posting, or making available, whether publicly or privately, the following types of Content:

Exploitation of Children: Content portraying children in a manner that encourages or promotes attraction towards or sexualization of minors. If any uncertainty arises regarding content in this category, it is advisable to refrain from posting. Moderation will err on the side of caution, with guidance suggesting that images or prompts featuring young individuals in revealing attire are problematic, and prompts hinting at age may not be acceptable.
Deception/Misappropriation: Fraudulent, misleading, defaming, or deceptive content, including misappropriated material. Examples include creating deepfakes, spreading disinformation, and plagiarizing images or content from other users.
Self-Harm: Content that promotes, encourages, or depicts acts of self-harm, including suicide, cutting, and eating disorders.
Adult Content: Material explicitly intended to arouse sexual excitement, including but not limited to displaying pornographic or sexual activity, describing sexual acts, and promoting illicit sexual services or commercial activities associated with adult content creation. This encompasses sexual acts involving fictional characters (e.g., anime) and animals, content related to sexual fetishes (e.g., BDSM), and deliberate attempts to circumvent safety filters (e.g., misspelling terms or including names of adult film actors).
Hate Speech: Content expressing, instigating, or supporting discrimination based on identity, including but not limited to race, ethnicity, religion, disability, age, gender, nationality, and sexual orientation. Examples include racial slurs and derogatory animal metaphors for any race or identity.
Political: Content explicitly aimed at influencing the political process or used for campaigning purposes.
Harassment: Content intended to harass, threaten, or bully individuals or groups.
Illegal Content: Content that violates applicable laws. Users are expected to be aware of and comply with the laws of their jurisdiction.
Violence: Content promoting or glorifying excessive violence, gore, terrorism, genocide, or violence against or the suffering or humiliation of others. Examples include terrorist propaganda, scenarios like shooting into an orphanage, and depictions of mass executions or beheadings.
Spam: Unsolicited bulk content.

Furthermore, you must not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Practal AI's (or its third-party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Practal AI may use to prevent or restrict access to the Service (or parts thereof); (iv) use any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods, other than as permitted through an allowable API; (v) 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 that are not open (except to the extent such restrictions are contrary to applicable law); and (vi) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without our express written permission.

Termination

Practal AI reserves the right to terminate your access to the Service, in whole or in part, at any time, should you fail to comply with these Terms of Service. Such termination may result in the forfeiture and deletion of all data associated with your account. Additionally, either party may terminate the Services for any reason and at any time with written notice. Should you wish to terminate your account, you can do so by following the instructions provided within the Service. Please note that any fees paid are non-refundable. Upon termination, all rights and licenses granted to you under this Agreement will cease immediately. However, certain provisions, such as warranty disclaimers, indemnity, and limitations of liability, which by their nature should survive termination, will remain in effect.

Indemnification

You are responsible for defending, indemnifying, and holding harmless Practal AI, its affiliates, and each of their respective employees, contractors, directors, suppliers, and representatives from any liabilities, losses, claims, and expenses, including reasonable attorneys' fees, arising from or related to (i) your use or misuse of, or access to, the Service, or (ii) your violation of the Terms of Service or any applicable law, contract, policy, regulation, or other obligation. Practal AI reserves the right to assume exclusive defense and control of any matter subject to indemnification by you. In such cases, you agree to assist and cooperate with Practal AI in connection with the defense.

Limitation of Liability

IN NO EVENT SHALL PRACTAL AI, ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE: (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES; (II) FOR YOUR RELIANCE ON THE SERVICE; OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE OR, IF GREATER, $500. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimer

ALL USE OF THE SERVICE AND ANY CONTENT IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE PRACTAL AI WEB APP (PICASSO AND OTHERS) AND ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE ARE EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Disputes

All legal claims arising out of or relating to this Agreement (including any dispute regarding its interpretation or performance) ("Dispute") shall be governed by the laws of the State of California, excluding its conflicts of laws rules. The parties shall make good-faith efforts to settle any Dispute within 30 days after it arises. If the Dispute remains unresolved after 30 days, it shall be settled through arbitration conducted by the American Arbitration Association's International Center for Dispute Resolution in accordance with its Expedited Commercial Rules in effect at the time of this Agreement ("Rules"). The parties shall jointly select one arbitrator. The arbitration shall take place in English in San Francisco County, California, USA. Either party may seek injunctive relief from any competent court to protect its rights during the arbitration process. The arbitrator may grant equitable or injunctive relief consistent with the remedies and limitations set forth in the Agreement. The arbitral award shall be final and binding on the parties, and its enforcement may be sought in any competent court, including one with jurisdiction over either party or any of its property. Each party shall bear its own attorneys' and experts' fees and expenses, regardless of the arbitrator's decision on the Dispute. All aspects of the arbitration proceeding, as well as any ruling, decision, or award by the arbitrator, shall be strictly confidential for the benefit of all parties.

Each party agrees that any disputes between them must be brought against each other solely on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding. In arbitration proceedings, the arbitrator is prohibited from consolidating another person's claims with your claims and may not preside over any form of representative or class proceeding. If, for any reason, a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim arising out of or relating to these Terms of Service.

Privacy

By utilizing the Services, you may furnish Practal AI with personal information. For details regarding Practal AI's handling of personal information, please refer to our Privacy Statement at https://practal.ai/policy/privacy. Both parties commit to adhering to all relevant data protection laws. Should it be necessary for the parties to establish additional terms concerning data privacy or data transfers, they agree to collaborate in good faith to establish such terms.

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 do not meet the minimum age to consent to our Terms of Service in your country, your parent or guardian must agree to this Agreement on your behalf.

Please ensure that your parent or guardian reads these terms with you. If you are a parent or legal guardian, and you permit your teenager to utilize the Services, then these terms also pertain to you, and you are accountable for your teenager's actions on the Services. No guarantees are provided regarding the suitability of the Assets for you.

Miscellaneous

The Terms of Service embody the entire agreement between you and Practal AI concerning the Service, prevailing over all previous or simultaneous communications and proposals (whether oral, written, or electronic) between you and Practal AI regarding the Service. If any provision of the Terms of Service is deemed unenforceable or invalid, it will be constrained or removed to the minimum extent necessary to uphold the remaining provisions of the Terms of Service and ensure their enforceability. The failure of either party to exercise any right stipulated herein shall not be construed as a waiver of any further rights under the Terms of Service. Practal AI shall not be held liable for any failure to fulfill its obligations under the Terms of Service due to circumstances beyond its reasonable control. The Terms of Service are individualized to you and may not be transferred or assigned by you without the prior written consent of Practal AI. Practal AI retains the right to assign, transfer, or delegate any of its rights and obligations under the Terms of Service without requiring your consent. The Terms of Service do not create an agency, partnership, joint venture, or employment relationship between the parties, and neither party possesses the authority to bind the other in any manner. Except as otherwise stipulated herein, all notices pertaining to the Terms of Service must be in writing and will be considered as duly delivered when received, whether personally delivered, sent via certified or registered mail with return receipt requested, electronically confirmed upon transmission by facsimile or email, or two days following dispatch for next-day delivery by a recognized overnight delivery service.

If you have any inquiries about the Service, please feel free to contact us via email at support@practal.ai.