Terms of services
Thank you for using The Orbofi platform (the “Services”). These Terms of Service (the “Agreement”) explain what rights you have with respect to images and other assets which you might generate with the Service, or prompts you might enter into the Service (the “Assets”), your use of the Services, and other important topics like arbitration. Please read it carefully.This Agreement is entered into by Orbofi Studios, and the entity or person agreeing to these terms (the "Customer," “You” or “Your”) and governs the Customer's access to and use of the Services.This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the "Effective Date") or to receive or distribute Assets. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If You do not agree to this Agreement, please stop using the Services.Other documents referenced here may also bind Customer’s use of the Services, including the Community Guidelines below. DISCLAIMERSthe content generated by Orbofi is provided on an "as-is" basis and the company does not guarantee its accuracy, quality, or suitability for any particular purpose.Orbofi Studios does not retain the intellectual property rights to the AI-generated content and the NFTs created from that content.The user grants the company a non-exclusive license to use, modify, reproduce, and distribute the AI-generated content and NFTs for promotional or other business purposes.The user is responsible for ensuring that they have the legal right to use any third-party materials included in the content generated by Orbofi and its creator toolsThe company is not responsible for any disputes that may arise between the user and any third-party buyers or sellers of the NFTs.The company may modify or terminate the service at any time, and that the user's access to the service may be limited or revoked if they violate the terms of service or engage in any illegal or inappropriate behavior.1. Service Availability and QualityWe 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, and the smart contracts used to tokenize assets into NFT 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.Both the Services and the Assets are provided to Customer on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Assets and assume any risks associated with use of the Services.Orbofi reserves the right to suspend or ban Your access to the Services at any time, and for any reason. You may not use the Services for competitive research. 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. Only one user may use the Services per registered account. Each user of the Services may only have one account.We reserve the right to investigate complaints or reported violations of our Terms of Service and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.2. Age RequirementsBy 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.Please ask Your parent or guardian to read these terms with You. 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.Orbofi 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.3. Your InformationBy using the Services, You may provide Orbofi 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.4. Copyright and TrademarkIn this section, Paid Member shall refer to a Customer who has subscribed to a paying plan.Rights You give to OrbofiBy using the Services, You grant to Orbofi, its 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 text, and image prompts You input into the Services or Assets produced by the service at Your direction. This license survives termination of this Agreement by any party, for any reason.Your RightsSubject to the above license, You own all Assets You create with the Services, to the extent possible under current law. Orbofi makes no representations or warranties with respect to the current law that might apply to You. Please consult Your own lawyer if You want more information about the state of current law in Your jurisdiction. Your ownership of the Assets you created persists even if in subsequent months You downgrade or cancel Your membership. However, You do not own the Assets if You fall under the exceptions below.If You are an employee or owner of a company with more than $1,000,000 USD a year in gross revenue and You are using the Services on behalf of Your employer, You must purchase a “Pro” membership for every individual accessing the Services on Your behalf in order to own Assets You create. If You are not sure whether Your use qualifies as on behalf of Your employer, please assume it does.If You are not a Paid Member, You don’t own the Assets You create, unless you tokenize them as NFTs on the blockchain. If not tokenized, Orbofi grants You a license to the Assets under the Creative Commons Noncommercial 4.0 Attribution International License (the “Asset License”). The full text is accessible as of the Effective Date here:https://creativecommons.org/licenses/by-nc/4.0/legalcode.Orbofi is an open community that allows others to use and remix Your images and prompts whenever they are posted in a public setting, unless they've been tokenized on the blockchain. By default, Your images are publically viewable and remixable. As described above, You grant Orbofi a license to allow this. If You purchase a "Pro" plan, or tokenize your assets into NFTs, You may bypass some of these public sharing defaults.Please be aware that any asset You create on Orbofi will be displayed publicly, unless if you're a PRO member and choose to keep it private5. Assumption of risksThe value of an NFTs is subjective. Prices of NFTs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility of NFTs.The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of NFTs.You are solely responsible for determining what, if any, taxes apply to your transactions and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. Orbofi is not responsible for determining, withholding, collecting, reporting, or remitting the taxes that apply to your NFTs.There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs or accounts/collections.We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and Orbofi has no ability to reverse any transactions on the blockchain.There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that Orbofi will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any Blockchain network, however caused.The Service relies on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.Orbofi reserves the right to hide collections, contracts, and items affected by any of these issues or by other issues. Items you purchase may become inaccessible on Orbofi. Under no circumstances shall the inability to view items on Orbofi or an inability to use the Service in conjunction with the purchase, sale, or transfer of items available on any blockchains serve as grounds for a claim against OrbofiIf you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.6. DMCA and Takedowns PolicyNotification ProceduresWe 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,” and include the following:
- 1.1.Your physical or electronic signature.
- 2.2.Identification of the copyrighted work (or mark) you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
- 3.3.Identification of the material you believe to be infringing in a sufficiently precise and detailed manner to allow us to locate that material.
- 4.4.Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- 5.5.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.
- 6.6.A statement that the information in the written notice is accurate.
- 7.7.A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- 8.8.If the copyright owner’s rights arise under the laws of a country other than the United States, please identify the country.
Upon receipt of a notice that complies with the foregoing, we reserve the right to remove or disable access to the accused material or disable any links to the material; notify the party accused of infringement that we have removed or disabled access to the identified material; and terminate access to and use of the Services for any user who engages in repeated acts of infringement.Please be aware that if you knowingly misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.Counter-Notification ProceduresIf you believe that material was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by submitting a written notification to our copyright agent designated above. Such notification must include substantially the following:
- 1.1.Your physical or electronic signature.
- 2.2.An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- 3.3.Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- 4.4.A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- 5.5.A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.
- 6.6.Our designated agent to receive counter notices is the same as the agent shown above.
- 7.7.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.
- 8.8.Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorney’s; fees) under Section 512(f) of the DMCA.
7. Dispute Resolution and Governing Law
- 1.1.ALL LEGAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE AGREEMENT) ("Dispute") WILL BE GOVERNED BY THE LAWS OF THE UNITED ARAB EMIRATES, DUBAI, EXCLUDING CALIFORNIA'S CONFLICTS OF LAWS RULES. Sorry for putting that in caps, but hopefully You read it carefully. We're talking about serious and reasonably meritorious legal claims, not personal disputes that don't cause economic harm.
- 2.2.The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement ("Rules").
- 3.3.The parties will mutually select one arbitrator. The arbitration will be conducted in English in DUBAI, UNITED ARAB EMIRATES
- 4.4.Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement.
- 5.5.The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property.
- 6.6.Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.
8. 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.
9. Payment, Billing, and Transaction fees on the blockchain
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.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 platform 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. Orbofi takes a 5% transaction fee on every transacted value ( purchase or sale) on the Orbofi platformOnce you conduct a sale of AI-generated content on the blockchain, the payment is autonomously done via smart-contracts, and Orbofi has no control and no power to censor, or block these transactions from happening, once on the blockchain.
10. Platform Guidelines