Terms and Conditions

Welcome to Playform – a AI training studio, designed to be used by artists and creative professionals to generate imagery. You can use existing AI trained models or train an AI model yourself, by uploading imagery, to generate new artworks.

By these website terms and conditions of use (“Terms of Use”), you (“you”, “your” or “Users”) agree to use the playform.io site or any other use of our websites where these Terms of Use are posted (collectively, the “Website”) by Playform (“we” or “our”) and use Playform’s AI training models (collectively referred to as the “AI Model”) (the Website and AI Model are collectively referred to as the “Services”) as set forth herein.  

If you do not agree to the terms of the Terms of Use, please do not interact with this Website and/or the AI Model in any way.

By using our Services, you acknowledge that you have read our Privacy Policy.

User Account
To access and benefit from certain sections and features of the Services, you must first register and create an account with Playform (“User Account”).

You agree to provide accurate, current and complete information about yourself as prompted by the Website, and to be the sole and exclusive user of your account.

Please keep your log-in credentials confidential and do not allow access to third parties. You are solely and fully responsible for all activities that occur under your User Account (including any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

Any dispute on User Account ownership shall be finally resolved by Playform in its sole discretion, including right to suspend access to the User Account.

Playform is not liable for any loss or damage to you or any third party, including  your inability or failure for any reason to comply with the foregoing obligations.

Service Fees
To access and benefit from certain sections and features of the Services, you may be required to pay fees or purchase user credits, as determined by Playform in its sole discretion (“Paid Services” and “Service Fees”).

Playform reserves the right to change its Service Fees at any time.

All Service Fees will be deemed to be in U.S. Dollars, no matter where you reside, except as specifically stated otherwise by Playform. You may pay for Service Fees using any of the methods presented to you during checkout. Your name, address and postal code must match the name, address and postal code associated with your payment method. You represent and warrant that you are the holder and authorized user of the applicable payment method.

As part of registering or submitting information to receive Paid Services, you authorize Playform (either directly or through its affiliates, subsidiaries or third parties) to request and collect payment for Playform’s designated payment method, including all applicable taxes.  

If you purchase a subscription-based product or service, you authorize us to charge your credit card or debit your account the then-current renewal rate plus any applicable taxes we are required to collect, at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will thereafter not be able to benefit from Paid Services. We do not provide refunds or credits for any partial subscription periods.

Please note that Service Fees are NON-REFUNDABLE.

If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Service Fees on your Playform account, this will be considered as a breach of your payment obligations hereunder, and your use of the Playform Services may be automatically disabled or terminated with or without notice to you.

Your Obligations
You represent and warrant the following:

1. You are at least 18 years of age and that you have the right, authority, and capacity to agree to and abide by these Terms of Use.

2. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR THE IMAGES, PHOTOGRAPHS, ILLUSTATIONS, ARTWORK, TITLES, COMMENTS, REVIEWS OR ANY OTHER CONTENT OR MATERIAL THAT YOU  WRITE, SUBMIT, UPLOAD TO OR OTHERWISE MAKE AVAILABLE ON THE WEBSITE AND/OR AI MODEL (“USER-SUBMITTED CONTENT”) AND FOR ANY WORKS THAT ARE CREATED BY THE AI MODEL FROM SUCH USER-SUBMITTED CONTENT AND/OR CONTENT MADE AVAILABLE TO YOU BY PLAYFORM (“AI-GENERATED CONTENT”).
a. “Solely responsible” means that you, and not Playform, are responsible for the legality, reliability, appropriateness and intellectual property ownership of any User Submitted Content and AI-Generated Content
b. Upon Playform’s request, you will furnish us with any documents necessary to substantiate your rights to User-Submitted Content and verify your compliance with these Terms of Use.

3. The User-Submitted Content is and will continue to be true, current, accurate, non-infringing upon any third party right, and in now-way unlawful for you to upload, import, copy, possess, transmit, display or otherwise use as part of the Playform Services.

4. You are and will be, at all times, solely responsible and liable with respect to any of your actions on or with regard to the Playform Services which occur under your User Account.

You agree that you will not:

1. Copy, modify, create derivative works of, download, adapt, reverse engineer, translate, decompile or dissemble the Playform Website, the AI Model or any content provided to you by Playform on the Website or otherwise (“Playform Content”).

2. Cause, either directly or indirectly, any “robot”, “spider” or any other automated device, program, algorithm or methodology to acquire, copy, scrape or access any portion of the Playform Website and/or AI Platform.

3. Upload to the Website or cause the Website to have any virus, worm, Trojan Horse, spyware, malware or any other computer code designed to damage the operation of the Website.

4. Engage with, display, recreate, publish, make available or otherwise use Playform Content in any context that may be deemed defamatory, libelous, obscene, harassing, racist, offensive, deceptive, fraudulent, encouraging criminal or harmful conduct or which otherwise violates Playform rights or those of any third party.  

Your User Account, User-Submitted Content and AI-Generated Content
Any failure to abide by any of the foregoing obligations herein may, at Playform’s discretion, result in the immediate termination of your User Account and your access to the Services, without any notice to you and without any refund of Service Fees or any other amounts paid for your access to the Services.  You agree that your use of the Services is subject to this risk, and you knowingly assume it and make your decision to participate in the Services, contribute User-Submitted Content and spend Service Fees accordingly.

Playform is a platform and is not responsible for any User-Submitted Content you post or encounter on the Website as a user and/or any AI-Generated Content, including any content that may be illegal, defamatory, false, obscene, indecent, pornographic, or profane. Playform stores User-Submitted Content and/or AI-Generated Content at the direction of users for which Playform will not exercise control except to block or remove content that comes to Playform’s attention and is offensive, obscene, abusive, illegal or otherwise violates Playform’s Terms of Use, or to enforce the right of third parties when notice of their violation comes to Playform’s attention. User-Submitted Content need not be maintained on Playform for any period of time longer than necessary to render the Services.

If you choose to make any of your User-Submitted Content and/or AI-Generated Content, public, such materials will be accessible to and viewable by other users of the Website and will be treated as non-confidential. Any User-Submitted Content and/or AI-Generated Content that are kept as private by user will not be accessible or viewable by other users of the Website and will be treated as confidential.

Content and Ownership

User-Submitted Content

You retain any and all intellectual property rights (if any) that you already hold under applicable law in User-Submitted Content, subject to the rights, licenses and other terms of these Terms of Use.

AI-Generated Content
Subject to these Terms of Use, between Playform and you, you shall own all intellectual property in and to the AI-Generated Content.

Notwithstanding the foregoing, you agree to grant to Playform rights to copy, analyze, and use any of your User-submitted Content and/or AI-Generated Content as Playform may deem necessary or desirable solely for purposes of debugging, testing, improving the service, or providing support in connection with the Services.

You are not required to credit Playform on AI-Generated Content, but any such credit is appreciated!

NOTE:
You, and not Playform, are responsible for the legality, reliability, appropriateness and intellectual property ownership of any AI-Generated Content. If you chose to exercise any Intellectual Property Rights in and to the AI-Generated Content, you are solely responsible for evaluating whether the AI-Generated Content infringes or may infringe any third party’s intellectual property rights, including but not limited to the rights of any User-Submitted Content.

Playform Website and AI Model
Subject to your rights to AI-Generated Content, no ownership rights in or to any content of the Services are conveyed to you by reason of these Terms of Use.

All rights, title and interest in and to the Playform Website, AI Model and Playform Services generally, and any content appearing therein, including any artwork, graphics, images, website templates, literary work, sources object code, computer code, audio, video and other media, designs, interfaces, the “look and feel” of the Playform Services, methods, algorithms, data, tools, methods, inventions, trade secrets, domains, logos, URLs, trademarks, service marks and other proprietary identifiers, whether or not registered and/or capable of being registered, and any derivatives thereof, are the sole and exclusive property of Playform and/or its licensors, parents, affiliates or subsidiaries.

The Services, including but not limited to the AI Model, and their contents are protected under the laws of copyright, trademark and/or patents. Unless otherwise permitted by law, you may not (i) copy, republish or transmit any portion of the Website or (ii) copy or display any portion of the AI Model without Playform’s prior written consent. If you breach these Terms of Use, your access to the Services will cease immediately.

Provided you are in compliance with these Terms of Use, we grant you a non-exclusive, non-transferable license to use the Playform Services. You may not copy, download, rent, lease, lend, sell, redistribute, or sublicense the Website and/or of any of its contents and/or the AI Model. You may not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify or create derivative works of the AI Model, any updates, or any part thereof. Any attempt to do so is a violation of these Terms of Use.

If you believe that your content or work is the subject of copyright infringement and/or trademark infringement and appears on or through our Services, please email playform@artrendex.com with the information required under the Digital Millennium Copyright Act, 17 U.S.C. §512 ("DMCA"):
· An email with the subject line “Copyright Infringement Notice”; All of your contact information (full name, telephone number, email and mailing address);
· A description of the copyrighted or trademarked work that you think has been infringed; if there are multiple works, provide a representative list of such works;
· A description of where on the Services the content that you claim is being infringed is located; Information reasonably sufficient for Playform to contact you as the complaining party;
· A statement of your good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
· A statement under penalty of perjury that the information in your notice is accurate and that you are the copyright owner (or that you are authorized to act on behalf of copyright owner); and
· Your physical or electronic signature of yourself or the person authorized to act on your behalf (your full name counts as an electronic signature).

You may be liable for damages, including costs and attorneys’ fees incurred by Playform or our Users if you knowingly materially misrepresent that material or activity is infringing.

NO LIABILITY – PLAYFORM IS NOT LIABLE FOR ITS USERS ACTIONS
PLAYFORM, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE WEBSITE), AND ANY OF PLAYFORM’S AFFILIATE OR PARTNER COMPANIES AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE (PHYSICAL OR MONETARY) THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THE SERVICES IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE, USE OF THE AI MODEL, OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE OR ANY WEBSITES LINKED TO THE WEBSITE.

Nothing in this legal notice shall exclude or limit Playform’s liability for any liability which cannot be excluded or limited under applicable law.

YOU ASSUME COMPLETE RESPONSIBILITY FOR USE OF THE SERVICES. The Services are also provided “as is”, we do not make any promises of any kind, including about the Services’ accuracy, adequacy, usefulness, reliability or otherwise.

We do not guarantee that the Website and/or AI Model will be free of virus or anything else harmful to your computer, mobile phone, tablet, console, or other technology (“Device”) or that the user experience of either the Website or AI Model will be uninterrupted or error-free. You are solely responsible for any damage to your Device. Access to the Services may be suspended temporarily and without notice in the case of system failure, maintenance, repair or for reasons beyond Playform’s control.

Indemnification
You agree to defend, indemnify, and hold harmless Playform, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, from and against all claims, losses, liabilities, expenses, damages (actual or consequential) of any kind and nature, known and unknown and costs including without limitation attorneys’ fees, arising from or relating in any way from, directly, indirectly (i) your access to the Services, (ii) your misuse of the Services, (iii) your conduct on the Services or with other Users, (iii) your submission of User-Submitted Content, (iv) your displaying, copying, publishing, making derivatives of, selling, renting, making available or otherwise use of AI-Generated Content; (v) your violation of any third party rights, including without limitation, any intellectual property rights, confidentiality, property, publicity or privacy right, (vi) your violation of any laws, rules, regulations, codes, statutes, ordinances or (vii) or your breach of any of these terms and conditions of this Terms of Use. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.

Links
This Website may contain links to other sites on the internet that are owned and operated by third parties. This does not mean that Playform endorses, monitors or has any control over these third parties or their activities, which are subject to separate terms of use and privacy policies. You acknowledge that we are not responsible for the operation of or content located on or through any such site and should carefully review any third-party websites’ terms of use and privacy policies. The inclusion of a hyperlink to any third-party page or application on the Website does not indicate Playform’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users.

Complete Agreement; Governing Law.
These Terms of Use constitute the entire agreement between you and Playform relating to the use of the Services. These Terms of Use and all disputes, complaints, controversies or issues arising from it shall be governed exclusively by the laws of New York, USA without regard to conflict or conflict of law principles. The sole and exclusive venue for any and all claims or causes of action arising from or related to this Terms of Use, or that are related in any manner to your purchase or attempted purchase of the Services, shall be the Courts of New York, USA.

Playform may revise the Terms of Use at any time by updating this posting. Please check the Terms of Use periodically for any updates.

Privacy Policy

Your privacy is important to us. Playform is committed to the privacy and security of your information. This Privacy Policy aims to explain how Playform (“we”, “our” or “Playform”) collects, uses and shares the information we may collect from you when you visit the website playform.io (the “Website”) and/or use Playform’s AI Model and the choices that are available to you (the Website and AI Model are sometimes collectively referred to as the “Services”). Users of the Services may be referred to by “you”, “your” or “User(s)”.

Your use of the Services is subject to this Privacy Policy. By using the Services, you agree to the terms of this Privacy Policy and expressly consent to any collection of personal data that does not require separate opt-in consent. If you disagree with this Privacy Policy, you should (a) take the necessary steps to remove cookies from your computer after visiting our Website and (b) discontinue your access to and use of the Website and/or AI Model.Please read this Privacy Policy carefully.

Types of Information Playform Collects about You
We collect two basic types of information: personal information and non-personal information.

Personal Information
Personal Information is information that specifically identifies you or could reasonably be used to identify you as an individual when combined with other information we may have. Personal Information does not include information that has been aggregated or anonymized such that it can no longer be reasonably associated with a specific person (see Non-Personal Information below). The Personal Information that we collect when you interact with the Services may include: Registration information that you provide when you create a User Account, which may include your full name and e-mail address. Transaction information that you provide when Service Fees are required to use the Playform Services, which may include your full name, physical address and credit card and/or payment information.

We may collect other Personal Information as a result of you:
· Sending us emails, electronic communications or providing us with business cards;
· Opening or responding to our emails;
· Providing us with Personal Information in the course of your use of the AI Model;
· Posting or publishing content on the Website. Information that you choose to make public on the Website is not subject to this Privacy Policy and is uploaded and transmitted to others at your own risk. We are not liable for and do not control the actions of other Users of the Website. You acknowledge that you, and not Playform, are responsible for the contents of anything you post of publish on the Website. Please see our Terms of Use for more information.

Non-Personal Information
We may collect Non-Personal Information about Users whenever they interact with our Services. These may include:
· Device and Software Data: including information about your computer hardware and software that may be automatically collected by us such as your internet protocol (IP) address, universal unique identifiers (UUID), device type, operating system, browser type, domain name, access time and working directories.
· Cookie Data: including tracking technology data such as time spent on the Website, pages visited, and other anonymous traffic data.
· Platform Usage Data: including information about specific use of the Website, such as dates, times and duration.When you interact with our Website, we may collect information Non-Personal Information through:
· Automatic Data Collection Technologies: tracking technologies such as browser cookies and clickstream data technologies that automatically collect non-personal information when you navigate throughout the Website, such as traffic data, UUIDs.
· Google Analytics: We may also utilize Google Analytics for certain web analytics. You can opt out of your Website usage data being included in our Google Analytics reports by visiting https://tools.google.com/dlpage/gaoptout.

A note on Cookies and Web Beacons:
A cookie is a small file placed on the hard drive of your computer. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. However, if you refuse to accept browser cookies, you may be unable to access certain features or functionalities of the Website. Unless you have deactivated your cookie settings, our system will issue cookies when you direct your browser to our Website. Pages of our Website and our e-mails may also contain small electronic files known as web beacons that permit Playform, for example, to count Users who have visited those pages or opened an email and for other related website statistics.

How Playform Uses Your Information
We may use your Personal Information to:
· Provide and operate the Services.
· Further develop, customize and improve the Services, based on your common and personal preferences.
· Send you announcements and updates about our Services that we think may be of interest to you (this may include marketing) if you have given us your email address for these purposes.
· Carry our obligations and enforce our rights arising under any contracts entered into by you and Playform, including this Privacy Policy.

We may use your Non-Personal information to:
· Analyze growth and usage of the Website and AI Model;
· Present our Website and its contents to you;
· Carry out our obligations and enforce our rights arising under any contracts entered into by you and Playform, including this Privacy Policy.

How Playform Discloses Your Information
Playform does not share, give away, sell, rent or lease any of the Personal Information it collects with third parties, unless:
· we have obtained your explicitly, informed, opt-in consent to do so;
· we are required to do so by a court order, law, or legal process or we believe disclosure is necessary or appropriate to protect the rights, property or safety of Playform; or
· we have contracted with a service provider to assist us with the features or operations (such as billing) to fulfill the Services. When companies perform services on our behalf, however, those companies are prohibited from using your Personal Information for purposes other than those requested by us or required by law.

Playform may disclose aggregated and Non-Personal Information about the use and performance of the Website without restrictions, as long as such information does not include your Personal Information.

How Playform Retains Your Information
Playform retains your information for no longer then the period necessary to fulfill the purpose we collect it for, unless a longer retention period is determined by law.

How Playform Secures Your Information
We implement administrative, technical and physical safeguards designed to protect your Personal Information and other information on our systems. Notwithstanding our efforts to protect your information, no security system is completely impenetrable, so we cannot guarantee the absolute security of our databases, nor can we guarantee that information you supply to us will not be intercepted while in transit to us over the Internet.

How You Can Access Your Information
If you have provided us with your email address and you would like to unsubscribe from our service, then please click on the unsubscribe link at the bottom of any of our email communications. It may take up to 72 hours to process your unsubscribe request.

Children’s Privacy
Our Services are intended for a general audience, and we do not knowingly collect personal information from minors under the age of 18. Minors under the age of 18 should not use our Services at any time. If we learn that we have inadvertently gathered information from a user under 18, we will take reasonable measures to promptly remove that information from our records. If you become aware of any data we have collected from users under the age of 18, please contact us at your earliest opportunity using the contact information below.

A Note for California Residents
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your Personal Information by Playform to third parties for the third parties’ direct marketing purposes. With respect to these entities, this Privacy Policy applies only to their activities within the State of California. To make such a request, please send an e-mail to playform@artrendex.com, or write us at the address listed above.

Visiting our Website from Outside the United States
This Privacy Policy is intended to cover collection of information on our website from residents of the United States. If you are visiting our Website from outside the United States, please be aware that (i) your information may be transferred to, stored, and processed in the United States where our servers are located and (ii) your may be accessing the Website from a country which may have different data protection rules than those in the United States.

Updating our Privacy Policy
Playform periodically reviews its Privacy Policy. This Privacy Policy may be updated and amended at our discretion. If we make material changes to how we treat our users’ personal information, we will notify you through either a notice on the Website or via email. You are responsible for ensuring that you are up to date with our Privacy Policy by periodically visiting this page. The date the Privacy Policy was last revised is identified at the top of this page.

Contact Information
Have questions or comments?
Please feel free to reach out to us anytime at playform@artrendex.com, with the subject line “Privacy Policy Question”.