Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of the BotBrushes platform operated by CodeCr8 LLC. By creating an account or using our services, you agree to these Terms.

If you do not agree with these Terms, you must not use BotBrushes and should not create an account.

2. Account Requirements

• You must be 18 years or older to use BotBrushes
• You are responsible for maintaining the confidentiality of your account
• You are liable for all activities performed under your account
• You may not share your account with any other person

3. Credits System

3.1 Credit Purchases

BotBrushes operates on a credit-based system where users purchase credits to access various platform tools and features.

3.2 Credit Usage

• Credits can be used for AI image generation, art creation, and other platform services
• Credits are non-transferable between users
• Credits are not redeemable for cash
• Credits have no monetary value outside the BotBrushes platform

3.3 Purchase Terms

• All credit purchases are final and non-refundable
• Prices are denominated in US Dollars
• Applicable taxes may be added to the purchase price

4. Generated Content

• You retain ownership of images and content generated using BotBrushes credits, subject to the terms of this Agreement and applicable third-party terms, including those of Flux and Stability AI.
• AI-generated content may vary in quality and is not guaranteed to meet exact specifications. We do not guarantee that the generated content will be free of errors or meet your specific use case requirements.
• You are responsible for ensuring that the generated content complies with local laws, and you agree to refrain from generating content that violates any intellectual property rights or legal obligations.
• You agree not to use any generated content in a manner that infringes upon the intellectual property rights of Flux, Stability AI, or other third parties.
• In the event that a generated image or content is found to infringe upon any third-party rights, you agree to indemnify BotBrushes, Flux, and Stability AI against any resulting legal claims or damages.
• All content / images will be saved for a maximum of 30 days. Images / content will be deleted after 30 days.

5. User Conduct and Content Restrictions

You agree not to:

• Generate content that is illegal, harmful, discriminatory, obscene, or offensive, or that violates the rights of others, including but not limited to intellectual property rights.
• Generate content that promotes violence, hatred, or harassment, or violates applicable laws or regulations regarding child exploitation, abuse, or endangerment.
• Attempt to generate content that mimics or impersonates real individuals or entities without proper authorization.
• Use the generated content in a manner that violates any applicable terms or policies of the Flux or Stability AI services.

BotBrushes reserves the right to suspend or terminate accounts that violate these conduct rules and/or the terms of our third-party providers.

6. Liability and Disclaimers

BotBrushes provides services "as is" without warranties, and we are not liable for:

• Any interruptions, delays, or issues caused by third-party APIs (including Flux and Stability AI).
• Content generated through third-party services that violates third-party rights or applicable laws.
• Indirect, consequential, or special damages resulting from the use of the platform or third-party services.

We do not guarantee the availability, performance, or suitability of the third-party services (Flux, Stability AI, etc.) integrated into the BotBrushes platform. We disclaim any responsibility for service outages, disruptions, or defects in the services provided by these third parties.

IN NO EVENT SHALL BotBrushes OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR (I) ANY DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE PLATFORM AND THIRD-PARTY API SERVICES, OR (II) FOR ANY CONTENT GENERATED VIA THESE SERVICES.

7. Modifications to Terms

CodeCr8 LLC reserves the right to modify these Terms at any time. Continued use of the platform constitutes acceptance of updated Terms.

8. Third-Party API Usage

BotBrushes utilizes third-party APIs, including but not limited to the Flux API and Stability AI API, for certain platform features, including AI-powered image generation. By using our services, you acknowledge and agree that:

• You will not access, use, or redistribute the Flux or Stability AI APIs outside of the BotBrushes platform.
• The services provided through these APIs are subject to their respective terms of use, and any breach of these terms may result in suspension or termination of your access to BotBrushes.
• We reserve the right to suspend or modify our integration with these third-party APIs at any time, which may affect the availability of certain features on the platform.

9. Data Privacy and Security

BotBrushes takes the privacy and security of your data seriously. By using our services, you consent to the collection, use, and processing of your data in accordance with our Privacy Policy.

• We may collect personal data necessary to provide the platform's services. This includes information provided by you during account creation and usage.
• Data generated through the use of third-party APIs (such as Flux and Stability AI) may be subject to their respective privacy policies.
• You are responsible for ensuring that any content uploaded or generated complies with applicable privacy laws.
• We do not store or share any personal data with third parties without your explicit consent, except as required to comply with legal obligations or to provide the services.

10. Dispute Resolution

Any disputes arising from or related to your use of BotBrushes will be governed by the laws of the state in which CodeCr8 LLC is registered, and any disputes shall be resolved through binding arbitration. If you have a dispute related to the use of third-party APIs (Flux, Stability AI, etc.), you agree to resolve such disputes directly with the respective service providers according to their terms.

11. Modifications to the Service

BotBrushes reserves the right to modify, suspend, or discontinue any part of the platform, including the third-party services integrated into our platform, such as Flux and Stability AI. We may change or remove features at any time without prior notice. If such changes significantly impact your experience, we will attempt to notify you, but you agree that BotBrushes shall not be held liable for any modifications or disruptions caused by third-party services.

12. Monitoring and Compliance

BotBrushes reserves the right to monitor generated content for compliance with our Terms of Service and applicable laws. In accordance with legal requirements, we may report certain types of content, such as child exploitation or illegal activity, to appropriate law enforcement authorities. By using our platform, you agree to comply with all relevant laws and regulations and acknowledge that your use of the service is subject to such monitoring and enforcement actions.

13. Image Upload and Model Training

By uploading images to BotBrushes for the purpose of fine-tuning or training models, you agree to the following:

• You are solely responsible for ensuring that you have the necessary rights, licenses, or permissions to upload and use the images. This includes, but is not limited to, ensuring that the images do not infringe on any intellectual property rights, privacy rights, or any other rights of third parties.
• You must obtain explicit consent from any individuals depicted in the images, if applicable, before uploading them. This includes ensuring that you have the right to use their likeness for the purposes of training AI models.
• You are prohibited from uploading images that depict individuals without their consent, or that are subject to third-party intellectual property rights unless you have the appropriate authorization to do so.
• By uploading an image, you warrant that the image does not violate any applicable laws, including but not limited to laws related to privacy, intellectual property, or defamation. You also confirm that you have obtained all necessary permissions and consents from any individuals whose likeness is contained in the image.
• BotBrushes reserves the right to remove any uploaded images that violate these terms, and to suspend or terminate the accounts of users who upload infringing content.

By uploading images for model training or fine-tuning, you grant BotBrushes a non-exclusive, worldwide, royalty-free license to use, store, and process those images for the purpose of providing the service, including but not limited to the training and improvement of AI models. You retain ownership of your uploaded images, subject to the rights and licenses granted in these Terms.

If you upload any images containing personally identifiable information or sensitive data, you acknowledge that you have obtained consent from the relevant parties and that such content complies with applicable data protection laws, such as the General Data Protection Regulation (GDPR) or the California Consumer Privacy Act (CCPA), where applicable.

By using the BotBrushes.com app, you agree that you are at least 18 years old or have reached the legal age of majority in your country of residence. If you are under 18 or the legal age in your country (whichever is higher), you are prohibited from using this app. It is your responsibility to ensure that you comply with your local laws regarding age restrictions for digital services. By using the Service and uploading any content, you expressly acknowledge and agree that you will not upload, post, generate or share any photographs or content depicting minors (individuals under the age of 18). You further agree that, in compliance with applicable laws and regulations, we reserve the right to monitor and review any uploaded any generated content, and if we identify any content featuring minors, we will immediately remove such content and report any instances of potential child exploitation, endangerment, or abuse to the appropriate law enforcement authorities in your respective jurisdiction. By using our platform, you consent to such monitoring, review, and reporting, and you understand that you may be subject to legal repercussions if you violate these terms.

You agree to indemnify, defend, and hold harmless BotBrushes, its affiliates, and its respective officers, directors, employees, agents, and licensors from and against any claims, damages, losses, or costs (including reasonable legal fees) arising from your violation of this clause or any claims brought against BotBrushes related to your uploaded images.