Terms of Service

Important Notice

PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT" OR "TERMS OF SERVICE") CAREFULLY BEFORE USING THE SERVICES PROVIDED BY ELEVIUM SOFTWARE DESIGN L.L.C S.O.C (THE "COMPANY"). THIS AGREEMENT SETS FORTH LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE COMPANY'S WEBSITES AND ALL RELATED SERVICES, INCLUDING ALLAI, INCLUDING WITHOUT LIMITATION ANY FEATURES, CONTENT, WEBSITES OR APPLICATIONS THAT THE COMPANY MAY OFFER AS PART OF THE SERVICES.

By using the services in any manner, you agree to this Agreement. The term "Website" refers to websites operated by the Company, including without limitation allai.market, as well as any related applications, services, features, content and functionality offered by the Company.

Acceptance of Terms of Service

The services are offered subject to your full and unconditional acceptance of all provisions of these Terms of Service, as well as any other rules, policies and procedures that may be published by the Company from time to time in connection with the services.

Some services offered through the platform may be governed by additional terms and conditions established by the Company. Your use of such services is subject to those additional terms, which are hereby incorporated into these Terms of Service by reference.

The Company reserves the right, in its sole discretion, to refuse service to any person or entity, and to change access criteria at any time. This provision is void where prohibited by law, and in such jurisdictions the right to access the services is revoked.

Rules and Conduct

ALLAI is intended solely for the lawful and ethical creation of AI-generated content. If you create AI avatars, AI images, AI videos or other content depicting other people, you represent and warrant that you have their explicit written consent to use their photographs, likeness, voice and other identifying elements, and to create, train and generate AI materials involving them.

By using the Company's applications, you agree that you are at least 18 years old or have reached the age of majority in your country of residence, whichever is higher. If you are below the required age, you may not use the service except where applicable law expressly permits use with proper guardian consent.

Video creation and other generation features are intended solely for lawful and ethical purposes. You agree NOT to create or distribute content that depicts real people without consent, engages in fraud, deception or misleading conduct, promotes illegal products or services, facilitates political manipulation or disinformation, creates deceptive deepfakes, violates privacy, portrays people falsely or harmfully, spreads violent, hateful or discriminatory content, or creates fake documents or images to compromise accounts.

• Violate any applicable law, regulation or rule.
• Infringe the intellectual property rights or other rights of any person or entity.
• Create threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive, obscene, hateful, violent or discriminatory content.
• Create materials that exploit or harm children, or upload, publish, generate or distribute content depicting minors.
• Impersonate another person or attempt to do so, publish personal or identifying data, or create misleading deepfake content.
• Create materials implying support for terrorist organizations or glorifying violence against people based on protected characteristics.
• Create nudity or pornography in violation of law or the rights of others.
• Overload the Company's infrastructure, interfere with the service, bypass access controls, scrape the service, decompile software, or attempt to obtain source code.
• Reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, its functionality or access to it without the Company's express written permission.

DMCA Policy and Content Removal

The Company uses artificial intelligence systems to create materials. Such materials may unintentionally resemble copyrighted works, trademarks or other protected subject matter owned by third parties. We respect rightsholders and ask our users to do the same.

If you believe in good faith that material on the Website infringes your copyright, you may submit a notice of claimed infringement. The Company may remove or disable access to allegedly infringing material and may terminate access for repeat infringers where appropriate.

Modification of the Terms of Service

At its sole discretion, the Company may modify or replace any provisions of the Terms of Service, as well as make changes to, suspend or discontinue the service, including the availability of any features, databases or content, at any time by posting notice on the Company's websites or within the service, or by sending you an email.

Your continued use of the service after changes to the Terms of Service have been posted constitutes your acceptance of those changes.

Trademarks and Intellectual Property

All logos, marks and designations of ALLAI are trademarks or registered trademarks of the Company. All other trademarks mentioned on the Website are the property of their respective owners.

Unless otherwise expressly stated by the Company, all content displayed or made available on the Website, including text, images, illustrations, designs, logos, domain names, service marks, software, scripts, and the selection, compilation and arrangement of any of the foregoing, is owned by the Company, its affiliates, licensors and/or other third parties and is protected by intellectual property laws.

Licensing Terms

Subject to your compliance with this Agreement and any applicable restrictions, you are granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use the service for personal or commercial purposes.

You retain rights to assets you create through the services to the extent permitted by applicable law and the terms governing the underlying models or providers. Except as expressly stated, the Company retains all rights not granted under these Terms of Service.

By using the services, you grant the Company, its successors and affiliates a worldwide, non-exclusive, sublicensable, royalty-free, irrevocable license to use, copy, reproduce, process, adapt, modify, publish, transmit, create derivative works from, publicly display, publicly perform, sublicense and distribute prompts, uploaded materials and generated assets, to the extent necessary to provide, maintain, improve, promote and secure the services, comply with applicable law and enforce our policies.

Fees and Payments

• The Company provides paid digital services, including subscriptions and direct purchases of products.
• Subscriptions may renew automatically for the next billing period unless cancelled before renewal.
• When you purchase a digital product, access may be provided immediately, and statutory withdrawal or cooling-off periods may not apply to the extent permitted by law.
• Because of GPU processing costs and the immediate reservation of computing resources, refunds may be limited or unavailable except where required by applicable law.
• If you cancel a subscription, amounts already charged or paid are generally non-refundable unless otherwise required by law or expressly stated.
• The Company may change prices, package terms, limits, credits and available functionality. For active subscriptions, such changes usually take effect from the next renewal.
• Unless otherwise stated, fees do not include taxes, duties and other mandatory charges, which remain your responsibility.

Termination

The Company may terminate or suspend your access to all or any part of the service at any time if you violate these Terms of Service. Such action may result in the cancellation and deletion of information associated with your account, to the extent permitted by law and our retention obligations.

Any amounts paid under this Agreement are generally non-refundable unless otherwise required by applicable law.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, employees, contractors, directors, suppliers and representatives from any liabilities, damages, claims and expenses, including reasonable legal fees, arising from your use or misuse of the service, your violation of these Terms of Service, applicable law or the rights of any third party.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR LOST PROFITS, LOSS OF DATA, COSTS OF SUBSTITUTE GOODS OR SERVICES, OR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND.

To the maximum extent permitted by law, the Company's aggregate liability to you for all claims shall not exceed the greater of the amount you paid for the service or USD 500, unless mandatory law requires otherwise.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Age Requirements

By using the service, you confirm that you are at least 18 years old and have reached the minimum age of digital consent in your country where such age applies. If you have not reached the age required to accept these terms in your jurisdiction, your parent or legal guardian must accept this Agreement on your behalf where permitted by law.

Miscellaneous

These Terms of Service constitute the entire agreement between you and the Company regarding the service and supersede all prior or contemporaneous communications and understandings on that subject.

If any provision of these Terms of Service is held invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary and the remaining provisions shall remain in full force and effect.

The Company's failure to enforce any right under this Agreement shall not constitute a waiver of that right. The Company may assign or delegate its rights and obligations to the extent permitted by applicable law.

Links to Other Websites

These Terms apply only to this Website and do not apply to third-party websites that may be linked from the Website. The Company is not responsible for the terms of service, privacy practices, content or conduct of third-party websites or services.

Mandatory Arbitration

To the maximum extent permitted by law, you and the Company agree to resolve disputes through binding arbitration on an individual basis rather than in court, except where mandatory law provides otherwise.

You and the Company waive the right to a jury trial and the right to participate in class or representative actions to the maximum extent permitted by law.

Arbitration may be conducted under applicable AAA consumer arbitration rules unless otherwise required by applicable law.

Privacy

Our commitment to privacy and personal data protection is set out below. Personal information means information that identifies you, such as your name, email address and other identifying data.

We may collect contact details, payment information, uploaded files, prompts, user content, IP address, device information, browser data, usage logs and information received from third-party integrations.

We use this information to provide, support, secure and improve ALLAI, generate content, communicate with you, process billing, prevent abuse and comply with law.

We may share information with providers of infrastructure, hosting, analytics, payment processing, support and storage acting on our behalf, with authorities where legally required, to protect rights and safety, and in connection with reorganization, mergers, acquisitions or asset transfers.

International Data Transfers and Regional Rights

Your data may be processed and stored in countries other than your country of residence to the extent necessary for infrastructure, hosting, analytics, support and compliance with legal obligations.

Depending on your jurisdiction, including the EEA, the United Kingdom, Switzerland and California, you may have rights of access, correction, deletion, objection, portability, withdrawal of consent and other privacy rights.

Changes and Contact

We may update these Terms of Service and privacy provisions from time to time by publishing a new version online. Continued use of the service after the effective date of changes means acceptance of the updated version.