Terms Of Service For Use Of Mutabor.AI

1. Acceptance of Terms of Service

Access, use or distribution of our AI model, software or other materials (“Mutabor.AI”) is subject to the following terms of service (“Terms”), which you accept. Please read the Terms carefully before using Mutabor.AI.

2. Using Mutabor.AI

You are granted a limited, non-exclusive, non-transferable, and revocable license to use Mutabor.AI and any output you generate for personal or commercial purposes, subject to these Terms. 

You agree to use Mutabor.AI in compliance with all applicable laws, regulations, and these Terms.

We aim for the responsible and safe use of Mutabor.AI by our users. By agreeing, you commit not to utilize Mutabor.AI, or permit others to do so, in the following ways and/or to generate contentrepresenting the following: 

2.1 Violating the law or infringing on the rights of others, which includes intellectual property rights, data privacy rights, and additionally, you must not promote, contribute to, encourage, facilitate, plan, incite, or support any violation of any such laws; 

2.2 Involvement in or promotion of the following:

2.2.1 Violence or terrorism; 

2.2.2 Exploitation or harm to children, encompassing the solicitation, creation, acquisition, or dissemination of child exploitative content; 

2.2.3 Human trafficking, exploitation, and sexual violence; 

2.2.4 Harassment, abuse, threats, stalking, or bullying of individuals or groups; 

2.2.5 Discrimination based on race, color, caste, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age, disability, or genetic information, except as required by applicable laws; 

2.2.6 Creating malicious code, malware, computer viruses, or any activity that could disable, overburden, interfere with, or impair the proper functioning of a website or computer system; 

2.3 Utilizing Mutabor.AI for: 

2.3.1 Fully automated decision-making or profiling that produces legal effects or significantly affects individuals; 

2.3.2 Systematic or automated scraping, mining, extraction, or harvesting of personally identifiable data, unless legally entitled to process such data; 

2.4 Intentionally deceiving or misleading others, including the use of MUTABOR.AI in relation to: 

2.4.1 Generating, promoting, or furthering fraud or disinformation; 

2.4.2 Creating defamatory content, including defamatory statements, images, or other material; 

2.4.3 Generating, promoting, or further distributing spam; 

2.4.4 Impersonating another individual without consent, authorization, or legal right; 

2.4.5 Representing or misleading people into believing that outputs generated with Mutabor.AI are human-generated, unless such lack of transparency is legally permissible; 

2.4.6 Generating or facilitating false online engagement, such as fake reviews and other forms of fake online activity; 

2.4.7 Generating or facilitating large-scale political advertisements, propaganda, or influence campaigns. 

3. User Responsibilities; Limitations of Liability

3.1 As a general rule, you are responsible for how you use Mutabor.AI and which data and information you use as input for your generations. In case you violate our Terms, or your input intentionally or by gross negligence provokes output violating any third-party rights, laws or regulations, you proceed at your own peril and are full liability. In any such case, to the extent permitted by law, we disclaim any liability for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with output you create using Mutabor.AI. 

3.2 Mutabor.AI Copyright Shield 

In case Mutabor.AI generates output that violates or infringes third-party rights like intellectual property rights, and you have not provoked such output intentionally or by gross negligence, and the violation is not obvious, we will hold you and/or the company you work for harmless from any justified claims resulting from your/the company’s use of such output in the context as agreed individually with you / the company you work. Please note that our coverage is limited to EUR 1,000,000.00 for each individual case of violation or infringement unless we agree on a higher coverage individually with the company you work for in the relevant Purchase Order. 

4. License for Input

4.1 By using Mutabor.AI, you grant us a non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the content you input into Mutabor.AI. This also applies to content you provide us to train the customized and sandboxed (“siloed”) AI model for your company. This license is granted for the purpose of further developing and training Mutabor.AI. This license continues even if you stop using Mutabor.AI, and for technical reasons, it is irrevocable. Therefore, before using data, information, images or other resources as input, make absolutely sure that you own the right to do so and to grant the license described in this section. 

4.2 Training your siloed version of Mutabor.AI 

For clarity, you (or the third party that provided you with rights to use and license the content and material to us) will retain ownership of the content and material you provide us for training your siloed version of Mutabor.AI for as long as the contractual relation between us and the company you work for remains. We represent and warrant not to use any third-party content for training your siloed version of Mutabor.AI without having the right to do so by the respective right owners. We further represent and warrant that All images uploaded into the siloed AI model is stored in a custom sandboxed training environment to train the AI model which can be exclusively accessed by you / the company you work for and affiliated companies as defined in the Purchase Order (and by us). We will not use these materials for training of AI models for other customers and no other customers will get access to your siloed AI model. 

5. Privacy

You must strictly not disclose and use personal data as input for Mutabor.AI since, subject to section 4 above, you grant an irrevocable license for our use of such content, and it is technically not possible for now to remove such content from our training data once you used it as input. 

6. Stable Diffusion Model

Mutabor.AI is based on the open-source Stable Diffusion technology, and Stable Diffusion’s Terms of Use apply in parallel to these Terms. In case of any overlap or hierarchy between these Terms and the terms of Stable Diffusion, the more restrictive or applicable term shall prevail. 

7. No database for your input and output

While we aim at making the use of Mutabor.AI as smooth and useful for you as possible, please understand that we do not guarantee to keep your input and/or output available and accessible for you after any given session of use. Make sure to secure copies of input and output for your files and store them safely. We do not accept liability if you lose access to such files. 

8. Termination

Your right to use Mutabor.AI corresponds with the term defined in the Purchase Order with the company you work for. Please note that you will not have access to use Mutabor.AI after such term. We reserve the right to terminate or suspend your access to Mutabor.AI at any time, without notice, for any reason, including without limitation, a breach of these Terms. 

9. Changes to Terms

We reserve the right to modify, update, or otherwise change these Terms at any time. Any changes will be effective immediately upon posting on this website or another publicly accessible place online. Your continued use of Mutabor.AI after the posting of any changes constitutes your acceptance of those changes. 

10. Law and Jurisdiction

These Terms are subject to German law with the exclusion of its conflict of laws principles. In case of any dispute between you as a user of Mutabor.AI and us, the courts of Hamburg, Germany, shall be exclusively competent as first-instance courts, unless statutory law provides for and requires the parties to accept further venues.