Terms and Conditions

Last modified July 2023

Thank you for your interest in BaiRBIE. By using BaiRBIE, you agree to these terms.

Use of BaiRBIE

BaiRBIE can generate images (“Generations”) based on text input you provide (“Prompts”), Combined with a set of pictures you upload ("Training set").

Age Requirements

By accessing the Services, you confirm that you’re at least 16 years old and meet the minimum age of digital consent in your country. If you are not old enough to consent to our Terms of use in your country, your parent or guardian must agree to this Agreement on your behalf. Please ask your parent or guardian to read these terms with you. If you’re a parent or legal guardian, and you allow your teenager to use the Services, then these terms also apply to you and you’re responsible for your teenager’s activity on the Services. No assurances are made as to the suitability of the Generations for you.

Use of Images

Subject to your compliance with these terms and our Content Policy, you may use Generations for any legal purpose, including for commercial use. This means you may sell your rights to the Generations you create, incorporate them into works such as books, websites, and presentations, and otherwise commercialize them.

Prompt Guidelines

BaiRBIE should not be used for:

-NSFW, lewd, or sexual material

-Hateful or violent imagery, such as antisemitic iconography, racist caricatures, misogynistic and misandrist propaganda, etc

-Copyrighted or trademarked material should be avoided in prompts and uploads.

Buying Credits

You may buy credits to create additional training, subject to the** payment terms **in our Terms of Use. Credits must be used within one year of purchase or they will expire. We may change our prices at any time by updating our pricing page.

No Infringing or Harmful Use

You must comply with our Content Policy, and you may not use BaiRBIE in a way that may harm a person or infringe their rights. For example, you may not submit Uploads for which you don’t have the necessary rights, images of people without their consent, or Prompts intended to generate harmful or illegal images. We may delete Prompts and Uploads, or suspend or ban your account for any violations

IP Rights

We or our licensors retain and exclusively own all rights, title and interest in and to the Products and their content (including software, artwork, photos, videos, music, sounds, text, information and other materials posted, provided or otherwise made available through the Products), including all intellectual proprietary rights, whether registered or not, which include, but are not limited to, copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights in and to the Products.

We reserve all rights not expressly granted to you under these Terms.

User Generated Content

The Products or Promotions (as defined below) may provide features that allow you to upload, store, receive, create, modify, share or publish textual, visual, audio or other content (collectively, the “User-Generated Content”).

We do not claim any ownership rights to the User-Generated Content.

We may use User-Generated Content for the purposes of operating, developing, and improving the Products or new technologies or services, in accordance with the applicable privacy policy (for example, to improve the performance of machine learning models). You will not be entitled to compensation for any such use of User-Generated Content by us.

You are solely responsible for the User-Generated Content, and you represent and warrant that such content will not infringe upon or violate the rights of any person, and that you have all the rights and authorizations necessary to grant the license in the paragraph above and to upload, store, receive, create, modify, share or publish the User-Generated Content on or through the Products.

We may terminate your access to the Products if we find that your User-Generated Content violates these Terms, our policies or applicable law without prior notice to you.

We welcome feedback, comments, and suggestions for improvements to the Products (“Feedback”). By submitting Feedback to us, you grant us a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable, and transferable license, under any and all intellectual property rights that you own or dispose, to use, reproduce, publicly display, publicly perform, modify, adapt, translate, create derivative works from, reverse engineer, broadcast, distribute, sell, exploit, or otherwise make available the Feedback, or any portion thereof, in any media or technology now known or later developed, without any remuneration, compensation or credit to you.

No Guarantees

We plan to continue to develop and improve BaiRBIE, but we make no guarantees or promises about how BaiRBIE operates or that it will function as intended, and your use of BaiRBIE is at your own risk.

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

BaiRBIE do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Modification of Terms of Service

At its sole discretion, BaiRBIE may modify or replace any of the Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the BaiRBIE or Service or by sending you an email. BaiRBIE may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.

Choice of Law Should any dispute arise under this Terms of Use, the access or use of BaiRBIE web app, etc, the law of the Israel in all respects shall govern, without regard for the jurisdiction or forum in which the user is domiciled, resides, or located at the time of such access/use. Use of BaiRBIE without the user’s acceptance of this Terms of Use and all incorporated provisions constitutes unauthorised use for which the user disclaims any/all potential or actual right to relief against BaiRBIE, regardless of the legal jurisdiction of BaiRBIE or the user’s domicile, residence, or location.

Limitation Of Liability

In no event shall BaiRBIE nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Indemnity Clause

Users, by use of BaiRBIE, hereby agree to indemnify and hold harmless BaiRBIE against any and all claims, demands, charges, complaints, controversies, and causes of action of any kind or nature whatsoever, both at law and in equity, known or unknown, suspected or unsuspected (from now on “Claims”), arising out of and relating in any way to intellectual property infringement claims made against BaiRBIE concerning your Content if such Claims inure to your benefit in any way and also to hold harmless and indemnify BaiRBIE against all Claims relating in any way to your use of BaiRBIE. This indemnity includes reimbursement to BaiRBIE for any applicable court costs and expenses of litigation, including but not limited to reasonable attorneys’ fees, and reimbursement for any losses and liabilities of BaiRBIE, including but not limited to, judgments, settlements, fees, costs, expenses, legal debts, legal obligations, and any third-party Claims against BaiRBIE.

BaiRBIE makes no warranties or representations concerning user Content and is not responsible for unauthorised use. Users are responsible for using BaiRBIE only as authorised and in compliance with applicable laws of the jurisdictions in which such users are domiciled, reside, or are located at the time of such use.