1. Acceptance of Terms
These Terms of Service ("Agreement") govern your use of the AI wallpapers platform and services ("Services"). This explains 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”) By accessing and using the Services, you accept and agree to be bound by this Agreement. If you do not agree to these terms, please do not use the Services.
2. Registration and Account
To access certain features of AI wallpapers, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and any other credentials used to access your AI wallpapers account. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions.
3. Use of the Service
AI wallpapers allows users to create and customize wallpapers using artificial intelligence.
4. Restrictions
The services provided by AI wallpapers are divided based on usage:
Unauthorized use of the AI wallpapers brand, logos, and other copyrighted content is prohibited regardless of the type of account. You agree not to modify, copy, distribute, or create derivative works based on the AI wallpapers Services, in whole or in part, without express written permission.
5. DMCA and Takedowns Policy Notification Procedures
We respect the intellectual property rights of others. If you believe that any wallpaper or content located on or linked to by AI wallpapers violates your copyright or trademark, please send a notice of claimed infringement to [email protected] with the subject “Takedown Request,” and include the following:
Upon receipt of a notice that complies with the foregoing, we reserve the right to remove or disable access to the accused wallpaper or content; notify the party accused of infringement that we have removed or disabled access to the identified material; and terminate access to and use of AI wallpapers for any user who engages in repeated acts of infringement. Please be aware that if you knowingly misrepresent that material or activity on AI wallpapers is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
6. Dispute Resolution and Governing Law ALL LEGAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT ("Dispute") WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, USA, EXCLUDING CALIFORNIA'S CONFLICTS OF LAWS RULES. The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement. The parties will mutually select one arbitrator. The arbitration will be conducted in English in Santa Clara County, California, USA. Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.
7. Service Access and Rate Limiting
If You purchase an access plan to AI wallpapers, we strive to offer you seamless service. However, we reserve the right to rate limit You to ensure quality of service for all users and prevent server overloads.
8. Payment and Billing
We may invoice you for your access to AI wallpapers through a third-party payment service provider. The terms of service of that third-party payment provider will govern any payment disputes or issues, and will take precedence over this Agreement in the event of a conflict. You can cancel your subscription plan at any time. We also reserve the right to terminate or suspend your access to AI wallpapers for any reason, including if you violate our Community Guidelines or misuse the service. Any breach of the Community Guidelines will be considered a violation of this Agreement. Should your subscription be terminated, you will not receive a refund for the current billing period. However, no additional charges will be made once the current subscription period ends.
9. Community Guidelines
10. Limitation of Liability and Indemnity
AI wallpapers is provided on an "as is" basis. We do not make any explicit or implicit promises or guarantees regarding the service. You acknowledge and agree that AI wallpapers shall not be responsible or liable for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages arising out of your use of the service. You alone bear responsibility for your actions on AI wallpapers. If you harm another user or get involved in any disputes, AI wallpapers will not intervene or take sides. Infringing on someone's intellectual property rights can lead to consequences. If such actions lead to any financial or legal liabilities for AI wallpapers, you will be expected to bear the costs.
11. Miscellaneous
12. Intellectual Property
All content and materials provided on AI wallpapers, including but not limited to the logo, design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement, are either copyrighted and owned by 851 Inc., unauthorized use may violate copyright, trademark, and other laws. You have permission to use the service and its content, but this does not mean you have rights to the underlying intellectual property. You may not reproduce, republish, distribute, assign, sublicense, sell, or modify any of the content. You may not use any of our trademarks, logos, domain names, and other distinctive brand features without our explicit consent.
13. Data Protection and Privacy
By using AI wallpapers, you consent to the collection, storage, and processing of your personal data by us in accordance with our Privacy Policy. We prioritize your data's security and privacy and take necessary measures to protect it. However, the internet is not entirely secure, and we cannot guarantee the security of your data transmitted through our platform. Any transmission is at your own risk.
14. Termination
We reserve the right to terminate or suspend your access to AI wallpapers, without prior notice, for conduct that we believe violates this Agreement or is harmful to other users of AI wallpapers, us, or third parties, or for any other reason we deem necessary. Upon termination, your right to use AI wallpapers ceases immediately. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
15. Changes to This Agreement
We reserve the right, at our sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of AI wallpapers following the posting of any changes to this Agreement constitutes acceptance of those changes.
16. Feedback and Suggestions
If you send us any feedback or suggestions regarding AI wallpapers, you grant AI wallpapers an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.
17. Contact
For any questions about these terms, please contact us at [email protected]