These Terms of Use ("Terms") regulate your access to and use of the website and application found at https://abysmal.ai/ along with other related sites and subdomains (collectively referred to as "Abysmal.Ai" or the "Website"), which are owned and managed by Abysmal Interactive Pty Ltd, an Australian private entity (referred to as the "Company," "we," "us," or "our").

When you access the Website, you're committing to follow these Terms and adhere to all relevant legal and regulatory requirements. We have the authority to modify and revise these Terms whenever we deem necessary and will periodically update this page to reflect any changes. These modifications are effective as soon as they are posted. Should you disagree with any of the Terms here, you must refrain from using or accessing our Website and any services we offer.

IT IS IMPERATIVE THAT YOU THOROUGHLY REVIEW THESE TERMS PRIOR TO EACH USE OF THE WEBSITE. THESE TERMS DICTATE YOUR USE OF THE WEBSITE AND ARE BINDING UNLESS A SEPARATE AGREEMENT HAS BEEN MADE BETWEEN YOU AND US. WE WILL PROVIDE ACCESS TO THE WEBSITE ONLY IF YOU ACCEPT THESE TERMS FULLY. BY UTILIZING THE WEBSITE, YOU ACKNOWLEDGE AND CONSENT TO BE BOUND BY THESE TERMS. IF YOU'RE AGREEING ON BEHALF OF AN ORGANIZATION OR OTHER LEGAL ENTITY, YOU WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE "YOU" SHALL REFER TO SAID ENTITY. IF YOU LACK THIS AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, WE WILL NOT PROVIDE YOU ACCESS TO THE WEBSITE. BE AWARE THAT WE MAY MODIFY THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU, AND YOUR CONTINUED USE OF THE WEBSITE AFTER ANY AMENDMENTS SIGNIFIES YOUR ACCEPTANCE OF THE CHANGES. ENSURE THAT YOU REVIEW THE TERMS OF SERVICE REGULARLY AND CEASE USING THE SERVICE IF YOU NO LONGER AGREE TO THE UPDATED TERMS.

ACCOUNT & REGISTRATION
To utilize the products and services available on the Website, including our application programming interface, software, tools, developer services, data, and documentation (collectively referred to as the "Services"), you must be at least 18 years old and capable of entering into a legally binding contract with us. If you're accessing the Services on behalf of an individual or entity, you need to be authorized to agree to these Terms on their behalf. When registering for an account, it's essential to provide accurate and comprehensive information. It's prohibited to share your access credentials or account with external parties, and you're responsible for all activities conducted under your credentials.

You have the option to use our Services for free (as a “Free Tier Account”) or choose from various subscription-based pricing plans. Be aware that each account type might come with specific limitations regarding resource usage, depending on your selected plan.

SERVICES
Abysmal.Ai offers you innovative tools and services designed to swiftly create game assets like items, environments, helmets, and buildings using AI, allowing you to craft worlds in mere minutes. You have the option to use a general model or fine-tune an existing one to generate a wide array of production-ready art assets. Furthermore, you can train your personalized AI model and produce thousands of unique variations and deviations from your training data or from models available on the platform that others have trained.

CONTENT
a) Your Content: You are welcome to provide input to the Services ("Input"), and in return, you'll receive output generated and delivered by the Services based on your Input ("Output"). Collectively, Input and Output constitute "Content." Where allowed by law and between the involved parties, you retain ownership of all Input, and subject to your adherence to these Terms, Abysmal.Ai hereby transfers to you all rights, ownership, and interest in and to the Output.

b) Ownership of Created Images: When you create images while subscribed to a paid plan, you maintain full ownership, copyright, and all other intellectual property rights to your images.

For images kept private on the platform, Abysmal.Ai reserves the right to utilize those images solely for the purpose of delivering the Services to you.

For images made public, Abysmal.Ai and its successors retain perpetual worldwide rights to use, reproduce, adapt, modify, publish, transmit, create derivative works from, publicly display, publicly perform, sublicense, and distribute the text prompts and images you submit to the Services, or any assets generated by the Services at your direction. Abysmal.Ai has the right to make these assets publicly available and use them commercially to provide, maintain, promote, and improve the Services.

Moreover, other users are granted a global, non-exclusive, royalty-free license to access these publicly available assets via the Service and to utilize those assets (including reproducing, distributing, modifying, displaying, and performing them) as permitted by a feature of the Service.

c) Rights for Free Tier Users: For users on the free tier platform (whose images are public by default), Abysmal.Ai and its successors own the rights to use, reproduce, process, adapt, publish, transmit, create derivative works from, publicly display, publicly perform, sublicense, and distribute the text prompts and images you submit to the Services, or any assets generated by the Services at your direction. Abysmal.Ai holds the rights to make these assets publicly available and utilize them commercially, including for the purposes of providing, maintaining, promoting, and enhancing the Services. Free tier users receive a global, non-exclusive, royalty-free license from Abysmal.Ai to access the assets they create using the Service for their own commercial purposes.

In addition, other users are also provided a worldwide, non-exclusive, royalty-free license to access these publicly available assets through the Service and to use those assets (including reproducing, distributing, modifying, displaying, and performing them) only as enabled by a feature of the Service.

d) For all subscription levels and types of generation, Abysmal.Ai may utilize Content as necessary to deliver and maintain the Services, comply with legal requirements, and enforce our policies. You bear responsibility for your Content, ensuring it adheres to all relevant laws and these Terms. The license provided to Abysmal.Ai persists even if this agreement is concluded by any party for any reason.

e) Content Similarity. Given the characteristics of machine learning, it's possible that the Output might not be unique and that the Services could produce identical or similar results for Abysmal.Ai or other users.

f) Enhancing Services with Content. A significant advantage of machine learning models is their capacity for continuous improvement. You acknowledge and consent that your Content or usage data might be used to refine and advance the Services. However, if the privacy feature is active on the Generations page, any 'Input' or 'Output' won't be utilized for this purpose.

g) Content Usage for Advertising. By not setting your images or models to private, you're granting us a non-exclusive, non-transferable, non-sublicensable right to use your Content for promotional activities, which may include showcasing your Content on our Website.

h) Model Enhancement. If you develop a public model that becomes popular on the Website, we retain the sole discretion to elevate the model to a permanent status on the Website. This means the model won't count against your Model Allowance and you won't be able to delete it. However, you can keep your models private to avoid this clause.

i) Accessibility and Use of Output. Any Output not designated as private may be accessible and used by Abysmal.Ai or other users in derivative or transformative ways.

j) Exclusion for AI-Generated Wallpapers. Despite any other statements in these Terms, no AI-generated wallpaper created using Razer’s Axon Create can be employed for commercial purposes.

FEES AND PAYMENT
a) Fees and Billing. You're responsible for all fees incurred on your account (“Fees”) as detailed on the relevant pricing page or as otherwise mutually agreed in writing. We reserve the right to amend pricing errors or oversights even if billing or payment has already occurred. You must provide accurate and current billing information including a legitimate and authorized payment method. We will bill your payment method periodically, though the billing date may change. You authorize Abysmal.Ai, its affiliates, and our third-party payment processors, to charge the Fees to your payment method. If your payment fails, we'll notify you and may halt access to the Services until payment is settled. Fees are payable in U.S. dollars upon invoicing, and payments are generally nonrefundable, except as specified in this Agreement. Should any of your Fees become overdue, we may suspend your access to the Services after notifying you of the late payment.

b) Price Adjustments. We reserve the right to modify our pricing and will notify you through your account and/or our Website. Any changes in pricing will be applied to the Fees charged to your account immediately following the change's effective date.

DMCA TAKEDOWN NOTICE
Abysmal.Ai adheres to the Digital Millennium Copyright Act (“DMCA”) and will remove content in response to valid takedown notices. Additionally, we will terminate the access of users who are found to be repeat infringers. If you believe that your content has been used in a way that infringes on your copyright, trademark, or other intellectual property rights, please send a takedown notice to contact@abysmal.ai.

To act on your infringement claim, you must either be the rightsholder or authorized to represent them. Your notice must include:

A clear identification of the intellectual property you claim is being infringed.
Specific details of the alleged infringing content, including exact URLs or other precise locations on the Website, enabling us to find it.
Your contact details – specifically, your full legal name and an email address.
A sworn declaration including:
A statement of good faith belief that the disputed use is not authorized by the intellectual property owner or the law.
An assertion that the information in the notice is accurate.
A statement made under penalty of perjury that you are the rightful intellectual property owner or authorized to act on their behalf.
Your physical or electronic signature.
Please be aware that we will forward your notice, including your contact details, to the party responsible for the content being removed, allowing them to understand the reason for its removal and to possibly contact you to resolve the issue.

INTELLECTUAL PROPERTY RIGHTS
We provide you a limited, non-exclusive, non-transferable, revocable license to use the Website for both personal and commercial purposes as outlined in these Terms. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Abysmal.Ai, its licensors, or other material providers, and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Ownership rights, titles, and interests in users' Content are as described in Section 3.

This section pertains to the proprietary design, UX, UI, and methodologies of the Abysmal.Ai platform itself – not the content you generate using the platform. As stated in Section 3, we transfer all rights, titles, and interests in the content you create on the Abysmal.Ai platform to you.

You are prohibited from:

Reproducing, modifying, creating derivative works from, republishing, downloading, storing, or transmitting any proprietary material from our Website (referring to our UX, UI, methodologies, and other aspects of the platform), except as follows:
You may share content generated by other users on social media.
Your computer may temporarily store copies of materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use, not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you must comply with our end-user license agreement for such applications.
If you violate any of these Terms, your right to use the Website ceases immediately, and you must, at our discretion, return or destroy any copies of the materials you have made. No right, title, or interest in the Website or its content is transferred to you, and all rights not expressly granted are reserved by Abysmal.Ai. Unauthorized use of the Website may breach copyright, trademark, and other laws.

TRADEMARKS
The Company name, logo, and all related designations, logos, product and service names, designs, and slogans are trademarks of Abysmal.Ai or its affiliates or licensors. These marks cannot be used without the express prior written permission from Abysmal.Ai. All other names, brands, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Third-party trademarks and registered trademarks mentioned on our Website belong to their respective owners and should not be used, copied, or imitated, fully or partially, without the consent of the relevant intellectual property owner. Mention of any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not imply our endorsement, sponsorship, or recommendation unless explicitly stated by Abysmal.Ai.

LIMITATIONS OF USE
By engaging with this Website, you agree on behalf of yourself, your users, and other parties you represent, to refrain from:

Modifying, copying, creating derivative works from, decompiling, or reverse engineering any materials and software on the Website.
Removing any copyright or other proprietary notations from materials and software on the Website.
Transferring the materials to another person or mirroring the materials on any other server.
Misusing this website or any of its associated services in a way that abuses, disrupts, or interferes with our networks or any other service Abysmal.Ai provides.
Using the Website or its associated services to convey or publish any material that is harassing, indecent, obscene, fraudulent, unlawful, or harmful.
Violating any applicable local, state, national, or international laws or regulations in conjunction with using the Website.
Engaging in unauthorized advertising, spamming, or solicitation through the Website.
Collecting or gathering user data without explicit consent.
Infringing on the privacy, intellectual property rights, or other rights of third parties through your use of the Website or its associated services.
Creating content that falsely portrays individuals in misleading or defamatory ways or includes harmful or illegal depictions.
Abysmal.Ai reserves the right to terminate your access for any breach of these terms and may take further action, including legal, as appropriate. In the event of termination for violating the Terms of Service, Abysmal.Ai may refuse to provide a refund for any pre-paid, unused time or tokens.

TERM AND TERMINATION
These Terms are effective as long as you access and use our Website. You can discontinue your use at any time. We reserve the right to terminate your access without prior notice if you violate any of these Terms or engage in suspected fraudulent, abusive, or illegal activity. Termination of your access is in addition to any other legal or equitable remedies available to us.

DISCLAIMERS
You acknowledge and agree that your use of the Website is at your own risk and that the Website is provided "as is" and "as available." Abysmal.Ai, along with its subsidiaries, affiliates, and licensors, expressly disclaims any warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or reliability. We do not guarantee that the Website will meet your requirements, be uninterrupted, secure, or error-free, that data provided will be accurate, or that the Website or its content are free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of certain warranties, so these exclusions may not apply to you.

You accept the inherent risks of providing information and transacting online and agree that Abysmal.Ai is not liable for any breach of security unless it is due to our intentional misconduct.


LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Abysmal.Ai, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY TYPE OF DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, ANY LINKED WEBSITES, ANY CONTENT ON THE WEBSITE, OR SUCH OTHER WEBSITES. THIS INCLUDES INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES SUCH AS, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE TOTAL LIABILITY OF Abysmal.Ai UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE TOTAL AMOUNT YOU PAID TO US FOR THE SERVICE THAT LED TO THE CLAIM DURING THE 12 MONTHS PRIOR TO THE LIABILITY OR ONE HUNDRED DOLLARS ($100).

YOU RECOGNIZE AND AGREE THAT Abysmal.Ai HAS OFFERED ITS SERVICES AND ENTERED INTO THESE TERMS RELYING UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REPRESENT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM A CRUCIAL BASIS OF THE BARGAIN BETWEEN US. Abysmal.Ai WOULD NOT BE ABLE TO PROVIDE ITS SERVICES WITHOUT THESE PROVISIONS.

NOTHING IN THESE TERMS WILL LIMIT OR EXCLUDE ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Abysmal.Ai and its employees, partners, contractors, consultants, suppliers, vendors, service providers, agents, representatives, predecessors, successors, and assigns from any claims, liabilities, damages, losses, costs, and expenses (including attorney’s fees) arising from or related to your use of the Website, your responsibilities under these Terms, any violations of these Terms, any applicable laws or regulations, or any rights of any other person or entity. This includes any Inputs you provide to the platform, ensuring that you possess the rights to use these Inputs with our Services.

Abysmal.Ai reserves the right to take over the exclusive defense of any claim subject to indemnification by you, at your expense, and you agree to provide cooperation as reasonably requested by Abysmal.Ai. This indemnity is in addition to any other indemnities set in any written agreement between you and Abysmal.Ai.

RELIANCE ON INFORMATION POSTED
The information provided on or through the Website is for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information, and any reliance you place on it is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or anyone who may be informed of its contents.

This Website may include content from third parties, including materials from other users, bloggers, and third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in these materials are solely those of the authors and do not necessarily reflect the views of Abysmal.Ai. We are not responsible for the content or accuracy of any third-party materials.

LINKS FROM THIS WEBSITE
Our Website may include links to other sites and resources provided by third parties for your convenience. These links should not be interpreted as endorsement by Abysmal.Ai. We have no control over the contents of third-party sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

SEVERABILITY
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be severed to the minimum extent necessary, and the remaining provisions of these Terms will continue in full force and effect.

GOVERNING LAW
These Terms and your use of the Website will be governed and interpreted in accordance with the laws of the state of New South Wales, Australia, without regard to its conflict of law principles.

DISPUTE RESOLUTION; ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. We agree to resolve all disputes arising out of these Terms or our relationship through binding arbitration in front of a neutral arbitrator, rather than in a court by a judge or jury. YOU AND Abysmal.Ai ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION. Arbitration will be conducted on an individual basis, and class arbitrations and class actions are not permitted.

NO CLASS ACTION
YOU AND Abysmal.Ai AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

PRIVACY POLICY
Our Privacy Policy details how we collect, use, and protect your personal information.

CONTACT US
For any feedback, comments, or questions regarding these Terms, please contact us at admin@abysmal.ai.