lumenor AI Terms of Service

Reed before using the website lumenor.ai. Effective date as from June 1, 2023

General

1. These Terms of Service, and any other terms, documents, or information incorporated by reference below (collectively, the “Terms”) govern your (“user”, “users”, “you”) access and use of lumenor AI in any form or format, including via web app or a mobile device app (the “Services”).

2. The Services are provided by Yellow Images Inc. (“Yellow Images,” ”we,” “us”, “our”) to provide our users creative generative tools to express their creativity to produce user-generated images (the “Content”) from your text prompts (“Your Text Prompts”). Our Services use an artificial intelligence (“AI”) and sophisticated software architecture to generate the Content. The AI and this use of AI is an evolving field, and so are our Services and our software architecture. As a result, while we have taken, and continue to take, efforts to preclude your creation of extreme Content, we cannot guarantee the suitability, appropriateness, or lawfulness of the Content you generate. You are solely and exclusively responsible for your use of the Services, including Your Text Prompts, generation of the Content, and the consequences of your Content Sharing (as defined below), including compliance with any lawsor regulations of any jurisdiction.

3. By clicking “Create your free account”, you (i) are representing that you are of a legal age to enter into a binding contract in your legal jurisdiction and (ii) agreeing to these Terms. If you are using the Services on behalf of a business or other entity, you also represent that you have authority to bind such business or entity to these Terms.

4. If you are not of legal age, do not agree to these Terms, or do not have that authority, you must not click “Create your free account” and must not access or use the Services, and any use by you of the Services is wholly unauthorized and in violation of these Terms.

Your Information

5. For information concerning how and why we might collect, store, use, and/or share your personal information when you use the Services, including when you register o set up a membership account for the use of our Services and access our user community (the “User Community”), please read and review our Privacy Policy.

Community Guidelines

6. As a valued member of the User Community, the contribution of your creativity plays an important part in creating a unique environment to produce incredible Content. However, your contributions must be safe, legal, and in accordance with these Terms. The Community Guidelines set out below apply to your use of the Services and your Content, including any Content Sharing (as defined below), and set out what we expect from you, and how we may respond if you do not meet our expectations. Please review these Community Guidelines very carefully and do not agree “yes” if you do not agree to them and will not be able to abide by them.

7. At one step of our image generation service, we utilize a modified deep learning text-to-image model Stable Diffusion. By using our service, you fully accept the terms of the original license described here. Your use of the Services is subject to the terms, conditions, and use restrictions in the Creative ML OpenRAIL-M license (available at https://huggingface.co/spaces/CompVis/stable-diffusion-license) (the "License"), which are incorporated by reference into these Terms. You must review and comply with the terms of the License.

8. You must not use the Services in any manner described below under “Prohibited Uses.”

9. Before posting, publishing, or otherwise sharing with others any Content (collectively, “Content Sharing”), you must give careful consideration to the potential physical, emotional, mental, financial, and reputational harm that it may have on others, as well as the legality of the Content in your legal jurisdiction or any jurisdiction where the Content may be displayed or accessed. Remember that ignorance of the law is not an excuse. Content that may be acceptable, harmless, satirical, artistic, or humorous to you might be perceived as harassing, threatening, intimidating, upsetting, disturbing, embarrassing, distressing, or hateful to someone else. Content that may be legal in one jurisdiction, may not be legal in another jurisdiction.

10. We repeat that you solely and exclusively responsible for your use of the Services, including Your Text Prompts, generation of the Content, and the consequences of your Content Sharing, including compliance with any lawsor regulations of any jurisdiction./p>

11. ANY VIOLATION OF THESE TERMS (INCLUDING THE COMMUNITY GUIDELINES) MAY RESULT IN THE SUSPENSION OR TERMINATION BY US, IN OUR SOLE DISCRETION, OF YOUR ACCESS TO AND USE OF THE SERVICES AND/OR YOUR MEMBERESHIP, INCLUDING A PERMANENT BAN AND FORFEITURE OF ANY REMAINING CREDITS AND FEES PAID FOR THE SERVICES.

12. WE MAY CHANGE THE SERVICES AND THESE TERMS IN OUR SOLE DISCRETION. WE WILL ENDEAVOR TO PROVIDE REASONABLE NOTICE OF ANY SUSPENSION, TERMINATION, OR CHANGE, INCLUDING BY A NOTICE PUBLISHED ON OUR WEBSITE OR EMAILED TO OUR USERS, BUT WE MAY ALSO DO SO WITHOUT NOTICE IF IN OUR SOLE JUDGMENT, WE NEED TO MAKE CHANGES TO COMPLY WITH LAW, PROTECT OR ENFORCE OUR OR ANYONE ELSE’S LEGAL RIGHTS, AVOID OR MITIGATE MISUSE OF THE SERVICES OR ADVERSE LEGAL OR REGULATORY IMPACTS ON US OR ANYONE ELSE, OR OTHERWISE TO ADDRESS OR PREVENT AN EMERGENCY.

13. IF WE SUSPEND OR TERMINATE YOUR ACCOUNT FOR A VIOLATION OF THE TERMS OR ANY OTHER REASON BASED ON YOUR CONDUCT, YOU MUST NOT CREATE ANOTHER ACCOUNT WITHOUT OUR EXPRESS PERMISSION, WHICH WE MAY WITHHOLD IN OUR SOLE DISCRETION. IF WE LET YOU CREATE A NEW ACCOUNT, IT DOES NOT IMPLY THAT OUR PRIOR DECISION TO SUSPEND OR TERMNINATE YOUR ACCOUNT WAS WRONG OR WITHOUT CAUSE.

14. SUSPENSION OR TERMINATION OF YOUR ACCESS TO AND USE OF THE SERVICES WILL NOT TERMINATE OUR RIGHTS TO YOUR CONTENT.

15. Without in any way limiting the foregoing, you acknowledge and agree that we may cache or otherwise preserve Your Text Prompts and the Content generated by you, and may disclose Your Text Prompts and the Content generated by you if required to do so by law or in our good faith belief that such preservation or disclosure is reasonably necessary to:

  1. comply with any legal process, applicable laws or government requests;
  2. enforce these Terms;
  3. respond to claims that any Content violates the rights of third parties; or
  4. protect the rights, property, or personal safety of ourselves, our officers, employees, directors, shareholders, licensors, service providers, agents, and the public.

Prohibited Uses

16. We want you to use the Services to express yourself and to develop Content that you find interesting or useful, but you must not do so at the expense of the safety and well-being of others. Accordingly, you may not, or assist any other person to:

  1. Violate these Terms, including the License, or any other policies applicable to the Services;
  2. Include in Your Text Prompts or Content sensitive personal information about yourself or any other person (such as phone numbers, residential addresses, health information, social security numbers, driver’s license numbers, other account numbers, or any other personally identifying information);
  3. Violate the privacy, publicity, or other rights of any person;
  4. Promote or facilitate criminal or otherwise activity or enterprise or provide instructional information about criminal or otherwise illegal activities;
  5. Generate any Content or engage in Content Sharing that a reasonable person could find obscene, lewd, lascivious, offensive, pornographic, indecent, vulgar, prurient, excessively violent, or to be a glorification or promotion of violence or a celebration of the suffering or humiliation of any person (whether living or deceased), class of people, or animals (including visible human genitalia, bare human breasts, fully-nude human buttocks, depictions of suicide or explicit sexual activity, fetishistic content, bodily fluids, bestiality, or imagery that shows violent death or acts of torture);
  6. Generate Content or engage in any Content Sharing that has any risk or possibility of exploiting, harming, or endangering the health or well-being of children or other minors (“Children”), such as images of Children in sexualized costumes, poses, or a sexual fetishistic context, or which identifies, directly or indirectly, victims (actual or alleged) of child sexual exploitation, or for the purpose of exploiting, harming or attempting to exploit or harm Children in any way;
  7. Generate Content or engage in any Content Sharing that may exploit any vulnerabilities, offend human dignity or may otherwise be defamatory, libelous, harassing, threatening, embarrassing, disparaging, distressing, hateful — racially, ethnically, or otherwise — to a person or class of people, or which may be discriminatory towards a person’s or class of people’s race, religion, color, age, ethnicity, national origin, disability, physical, or mental characteristics, sexual orientation, gender expression, gender identity, family status, medical or genetic condition, personality characteristics, or physical appearance, including through the material distortion of the behavior of any such person or class of people in a manner that causes or is likely to cause that person or class of people physical or psychological harm;
  8. Use the Services or any Content to stalk, harass, abuse, mock, ridicule, intimidate, disparage, defame, threaten, defraud, or otherwise mistreat or harm any person or class of people;
  9. Generate Content or engage in any Content Sharing that is intentionally misleading, false, or otherwise inappropriate or with the purpose of harming others, regardless of whether the Content or its dissemination is unlawful;
  10. Generate Content or use Your Text Prompts that infringe any intellectual property, trademark, or other proprietary right of any party;
  11. Upload any materials that: (i) infringe any intellectual property, trademark, or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under any contractual or fiduciary relationship;
  12. Upload or integrate or attempt to upload or integrate, including in Your Text Prompts or Content, any material, program, or software that contains any virus, worm, spyware, Trojan horse or other program or code designed to interrupt, destroy or limit the functionality of the Services or anyone else, including launching a denial of service attack, or in any other way attempting to interfere with the functioning and availability of the Services;
  13. Interfere with or disrupt the Services or servers or networks connected to the Services;
  14. Access or otherwise obtain any materials or information through any means not intentionally made available or provided for by us to you through the Services;
  15. Use the Services in any way that violates any applicable national, federal, state, local or international law or regulation; or
  16. Attempt to do any of the above.

17. The Services may block certain Text Prompts and blur resulting Content if we find (in our sole judgment and discretion) Your Text Prompts or resulting Content to be or may be considered by a reasonable person to be too graphic, offensive, insensitive, or hurtful, even in circumstances where you may not have had any ill intent or where the Content does not otherwise violate the prohibitions described above or the Terms.

18. We may also block Your Text Prompts or block or remove Content that we otherwise find objectionable or that we believe in our reasonable judgment may expose us or others to any harm or liability.

Ownership of Content

19. As between you and us, you own the Content that you generate using the Services to the extent permitted by applicable law.

20. You represent and warrant that that you own all rights, title, and interest in, including without limitation, all applicable copyrights and rights of publicity, or you have obtained the necessary license(s) to use (a) Your Text Prompts, and (b) any images you upload to the Services. We again remind you that you are solely and exclusively responsible for the Content you generate, including for ensuring that any Content Sharing does not violate any applicable law, intellectual property right of any third party, or these Terms.

21. All images generated by users subscribed to Free or Starter plans can be downloaded and used for free for commercial and non-commercial purposes without any permission.

  1. Free and Starter Plans: By using our service and creating images under the Free or Starter plans, you explicitly consent that all images generated by you may be used freely for commercial and non-commercial purposes without the need for additional permission from you. This means that we, as well as third parties, our users, affiliated individuals or employees, have the right to upload, distribute, modify, display, and use your generated images, including their use in advertising materials, websites, print publications, and other media platforms, both for commercial and non-commercial purposes, as well as create derivative works based on them.
  2. Pro and Business Plans: Images generated by users subscribed to the Pro or Business plans remain strictly confidential and non-public. Third parties do not have access to these images and they cannot be used or distributed without your explicit consent.

Our Use of Content

22. You agree that we and our affiliates may use the Content and the associated Your Text Prompts to develop, troubleshoot, and improve the Services, including to train AI, and by storing your Content, Your Text Prompts, and any associated metadata (i.e., image specifications, seeds, and text prompts) in a “history” section of your account so that you may browse and retrieve Content you previously have generated using the Services.

Feedback

23. We always love to receive feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”). You acknowledge that any Feedback provided by you to us is not confidential and that we and our affiliates will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, without providing any compensation or other attribution or acknowledgment to you.

DMCA Copyright Infringement Notice and Termination of Repeat Infringers

24. We have implemented the procedures described in the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512, regarding the reporting of alleged copyright infringement and the removal of or disabling access to infringing material. If you have a good faith belief that copyrighted material on Lumenor AI is being used in a way that infringes a copyright over which you are authorized to act, you may make a Notice of Infringing Material.

25. Before serving a Notice of Infringing Material, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. For example, if your Notice fails to comply with all requirements of sections 512(c)(3), your Notice may not be effective.

26. We will terminate or disable your use of the Services in appropriate circumstances if you are deemed by us to be a repeat copyright infringer.

Legal Notices

27. Any legal notices to us in respect of these Terms, the Services, Content, or Claims (as defined below) must be sent by registered mail and email to:

Yellow Images Inc.
123 - 1020 Mainland Street
Vancouver, British Columbia V6B 2T5
Attention: Legal Notice Department
[email protected]

28. Any notice to you may be sent to the email address associated with your account.

29. Service of any notice will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by postal mail.

Disclaimer

30. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE ABSOLUTELY NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO THE SERVICES OR CONTENT, AND DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

31. WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

32. We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of the Services, except as set forth in the “Limitation of Liability” section below.

33. You understand that we are not responsible for any activities or legal consequences of your or anyone else’s use of the Services. Users are responsible for using the Services in compliance with all applicable laws and regulations of the jurisdictions in which such users are domiciled, reside, or are located at the time of such access or use, as well as the jurisdictions into which such users direct any Content Sharing, as well as these Terms.

Limitation of Liability

34. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER US, NOR ANY OF OUR OR OUR AFFILIATES’ OR SUBSIDIARIES’ OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, LICENSORS, SERVICE PROVIDERS, AGENTS AND INSURERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR BREACH OF PRIVACY, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM:

  1. THE USE OR THE INABILITY TO USE THE SERVICES OR ANY RELATED INFORMATION;
  2. YOUR GENERATION OF CONTENT;
  3. UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY CONTENT;
  4. CONDUCT OF ANY THIRD PARTY (INCLUDING OTHER USERS OF THE SERVICES); OR
  5. ANY OTHER MATTER RELATING TO THE SERVICES.

35. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF (I) ONE HUNDRED CANADIAN DOLLARS (CAD $100) OR (II) THE PRICE YOU PAID FOR THE AMOUNT OF CREDITS CONSUMED BY THE SERVICE IN THE LAST TWELVE (12) MONTHS.

36. IF YOU ARE MERELY DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

37. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THESE TERMS MUST BE FILED BY YOU WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

38. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN CATEGORIES OF DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Dispute Resolution by Binding Arbitratio

39. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement”. You and we agree that any and all disputes, claims, demands, or causes of action (“Claims”) that have arisen or may arise between you and us, whether arising out of or relating to these Terms, the Services, Content, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration before a neutral arbitrator, rather than in a court by a judge or jury, in accordance with the terms of this Arbitration Agreement. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and we are each waiving the right to a trial in a court by a judge or jury or to participate in a class action and that our respective rights will be determined by a neutral arbitrator, not a judge or jury. The International Commercial Arbitration Act of British Columbia, Canada governs the interpretation and enforcement of this Arbitration Agreement. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS THAT IS NOT SUBJECT TO ARBITRATION, AS SET FORTH ABOVE.

40. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

41. Pre-Arbitration Dispute Resolution. Before commencing any arbitration, each party agrees to send to the other party a written notice of Claim (the “Notice”). The Notice must be sent to and in accordance with paragraphs 26 - 28 above. The Notice must (i) describe the nature and basis of the Claim in sufficient detail to evaluate the merits of the claiming party’s Claim and (ii) set forth the specific relief sought, including the amount of money (if any) that is demanded and the means by which the demanding party calculated the claimed amount. Both parties agree that they will attempt to resolve a Claim through an informal negotiation within sixty (60) calendar days from the date the Notice is received. If the Claim is not resolved within sixty (60) calendar days after the Notice is received, you or we may commence an arbitration proceeding. Each party agrees either party may apply to and receive from the British Columbia Supreme Court injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.

42. Arbitration Procedures:

  1. The place of arbitration shall be Vancouver, British Columbia, Canada and, if both parties agree, may be by telephone or video conference.
  2. The arbitration shall take place under the British Columbia International Commercial Arbitration Act and the International Commercial Arbitration Rules of Procedure of the Vancouver International Arbitration Centre by a single arbitrator.
  3. The appointing authority shall be the Vancouver International Arbitration Centre.
  4. There shall be no right of document discovery and no discovery may be ordered by the arbitrator.
  5. A printed version of these Terms and any other notice given in electronic form will be admissible to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  6. The costs of the arbitration shall be determined by the arbitrator.
  7. The parties agree that they will not appeal any arbitration decision to any court.

43. Confidentiality. Each of the parties shall maintain the strictly confidential nature of the arbitration, including all aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by law.

44. Choice of Law. Any and all Claims shall be governed by the British Columbia International Commercial Arbitration Act and the laws of the province of British Columbia and of Canada as applicable, without regard for the jurisdiction or forum in which the user is domiciled, resides, or located at the time of such access or use.

Waiver and Severability

45. No Waiver. If you do not comply with a provision of these Terms and we do not take action right away, this does not mean we are giving up any of our rights under these Terms, including a right to pursue you for that or any other future breach.

46. Severability. If a court or the arbitrator decides that any term or provision of the Terms, including the Arbitration Agreement, is invalid or unenforceable, the remainder of the Terms shall be enforced to the maximum extent permitted by law.

Entire Agreement; Construction

47. These Terms, including the License, contain the entire agreement between you and us regarding your use of the Services and, supersede any prior or contemporaneous agreements, communications, or understandings between you and us on that subject. In the event of any conflict between these Terms and the License, these Terms shall govern.

Assignment and Delegation

48. You may not assign these Terms or any rights or obligations under these Terms to any person without our written consent which we may withhold for any or without reason. Any attempted or purported attempted assignment or delegation shall be null and void, and will automatically terminate your right to use the Services.

49. We may assign or delegate these Terms or any rights or obligations under these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.

Changes to these Terms

50. We may change or modify these Terms by posting a revised version on our website, on the Luminor AI website, or by otherwise providing notice to you, and will state at the top of the revised Terms the date they were last revised. Changes will not apply retroactively and will become effective no earlier than fourteen (14) calendar days after they are posted, except for changes addressing new Service functions or changes made for legal reasons, which will be effective immediately.

51. Your continued use of the Services after any change means you agree to the new Terms.