Terms of Service

Dec 2023

Thank you for using the Seapik 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.

These Terms of Service ("Terms") are used to adjust the legal relationship between Seapik (hereinafter referred to as "this Website" or "Seapik") and you (User).

This Terms 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.

1. Purpose of Website

1.1 Seapik provides various types of content and services, including but not limited to pictures, text, documents, smart tools, smart document generation services, smart image generation services, image online editing services, image background removal services, image download functions, etc. As part of your use of the Services, you may enter, post, upload and submit information to the Services ("User Input"), and you may instruct the Services to generate and output new content based on your User Input ("User Input") ("User Input") output"). We do not claim any ownership rights in your User Input or User Output, and we do not restrict your use of User Output for your own purposes (including commercial purposes).

1.2 The specific functions of this service will be continuously updated iteratively with user feedback, technology upgrades, or changes in relevant regulatory policies.

1.3 When you use a specific function of this service, there may be a separate agreement, relevant business rules, etc. ("Specific Agreement") for that specific function. Please read and agree to the relevant specific agreements before using this specific function. protocol. If there is a conflict between the content of this Agreement and a specific agreement, the provisions of the specific agreement shall prevail.

2. 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 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.

3. User account and subscription

3.1 Creating and Safeguarding your Account. To use certain of the Services, you need to create an account or link another account, such as your Apple, Facebook or Google account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You agree not to create any Account if we have previously removed your, or we previously banned you from any of our Services, unless we provide written consent otherwise.

3.2 Subscription Payment. If you buy or subscribe to any of our paid Services, you agree to pay us the applicable fees and taxes in U.S. Dollars or such other currency we may specify. Failure to pay these fees and taxes will result in the termination of your access to the paid Services. You agree that (a) if you purchase a recurring subscription to any of the Services, we may store and continue billing your payment method (e.g. credit card) to avoid interruption of such Services, and (b) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. We reserve the right to change our subscription plans or adjust pricing for the Services in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these Terms, any price changes or changes to your subscription plan will take effect following reasonable notice to you. All subscriptions are payable in accordance with payment terms in effect at the time the subscription becomes payable. Payment can be made by credit card, debit card, or other means that we may make available and you authorize us to charge your payment method for the full purchase amount. You acknowledge and agree that all payment information you provide is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. Subscriptions will not be processed until payment has been received in full, and any holds on your account by any other payment processor are solely your responsibility.

Upgrading a Paid Service: If, as a subscriber to any of our paid Services, you upgrade to a higher tier of paid Service (an “Upgrade Tier”) before the end of the then-current subscription period, you authorize us to charge you for the difference between the fees and taxes associated with the lower tier of paid Service and the Upgrade Tier for the remainder of the then-current subscription period.

Regarding automatic renewal: Unless otherwise stated in the subscription terms, the subscription does not cancel the subscription before it expires, and the default user agrees to automatically renew its subscription when it expires. Seapik shall use the same initial payment method to charge the corresponding price.

4. Your Content

4.1 Your Content License Grant. We must obtain from you certain license rights in Your Content so that actions we take in operating the Services are not considered legal violations. Please be aware that messages, reviews, text, recordings, photographs, and any other content you post or submit to Our Sites are not private or confidential.

You grant us a perpetual, nonexclusive, world-wide, irrevocable, royalty-free, unrestricted right (with the right to sublicense the right) to use, reproduce, transmit, excerpt, modify, publish, publicly display, publicly perform, create derivative works of, adapt, translate, transmit, host, cache, tag, encode, or distribute (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any message, file, data or other communication you post or submit on our Sites. You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a "Submission") may be edited, removed, modified, published, transmitted, or displayed by The Conference Board, Inc. and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you.

4.2 As part of the Services, users can create remixes or regenerations of someone else’s User Output other than Private Content (“Remixed User Output”). As part of the foregoing license grant in Section 4.1, you agree that other users of the Services shall have the right to use, reproduce, modify, comment on and/or tag Your Content and/or to use, publish, display, modify or include a copy of Your Content as part of their own use of the Services (including to create Remixed User Output based on your original User Output); except that if we provide you with functionality that allows you to post Your Content privately for non-public display or re-mix on the Services ("Private Content"), the foregoing rights granted to other users shall not apply to such Private Content unless you choose to post or re-generate that Private Content in a public portion of the Services. To the fullest extent permitted by applicable law, the Company reserves the right, and has absolute discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason, and without notice, including if the Company determines (whether through use of automated detection software or by other means) that you are in breach of these Terms and regardless of whether you are a subscriber to the paid Services. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above. We do not claim to own any of Your Content, and you should carefully consider whether you should utilize any User Output that is available on the Services for commercial purposes, and what permissions you may need from third parties to do so. We expressly disclaim any liability arising from your use of any User Output for a commercial purpose.

5. DMCA and Takedowns Policy

• (a) Your email address.
• (b) 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.
• (c) Identification of the material you believe to be infringing in a sufficiently precise and detailed manner to allow us to locate that material.
• (d) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• (e) 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.
• (f) A statement that the information in the written notice is accurate.
• (g) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

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.

6. Rights We Grant You

6.1 Right to Use Services. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, revocable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services (and right to download a single copy of the App onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Company, in its sole discretion, may elect to take. For the avoidance of doubt, Your Content is not part of the “Services,” as defined in these Terms.

6.2 Restrictions On Your Use of the Services. You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:

• (a) Download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any of our proprietary technology that makes up or is included in the Services, except (i) you may create and store temporary files that are automatically cached by your web browser for display purposes, (ii) as otherwise expressly permitted in these Terms, and (iii) for clarity, the foregoing restrictions do not apply to Your Content;
• (b) Submit, transmit, display, perform, post or store any content that is inaccurate, illegal, unlawful (including, but not to limited to, uploading copyrighted images to the Services without the consent of the copyright owner), defamatory, unethical, obscene, lewd, lascivious, filthy, excessively violent, pornographic, invasive of privacy or publicity rights (including, but not limited to, uploading images of individuals to the Services without their consent), harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable (collectively and individually, “Objectionable”);
• (c) Use the Services for bullying, disruptive or Objectionable purposes or for political campaigning or lobbying purposes; or otherwise use the Services in a manner that is fraudulent, inciting, organizing, promoting or facilitating violence or criminal or harmful activities, or Objectionable;
• (d) Frame, replicate, or develop an interface to access the Services without going directly to the Website (e.g., via an API), unless we explicitly make such functionality available to you;
• (e) Duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
• (f) Use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, graphics, design, commercial symbol, or other proprietary notation displayed on or through the Services; provided that, for clarity, the foregoing does not include Your Content;
• (g) Use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
• (h) Access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same;
• (i) Attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
• (j) Circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
• (k) Use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
• (i) Introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
• (j) Circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
• (k) Use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
• (l) Introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
• (m) Violate any applicable law or regulation in connection with your access to or use of the Services;
• (n) Access or use the Services in any way not expressly permitted by these Terms;
• (o) Using or distributing User Output in a misleading way, including, for instance, representing that the User Output is entirely human generated or that the User Output depicts an actual photograph of a real event. Further, if you distribute your User Output to others, we encourage you to proactively disclose that such User Output was created using artificial intelligence technologies so as not to mislead others of its origin.

7. Limitation of Liability and Indemnity

We provide the service as is, and we make no promises or guarantees about it.

You understand and agree that we will not be liable to You or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however they arise.

You are responsible for Your use of the service. If You harm someone else or get into a dispute with someone else, we will not be involved.

If You knowingly infringe someone else’s intellectual property, and that costs us money, we’re going to come find You and collect that money from You. We might also do other stuff, like try to get a court to make You pay our attorney’s fees.

8. Others

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and your use of the Services, and supersedes all other agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.