Terms & Conditions
Terms of Service
Last Revised: November 12, 2024
These Terms of Service ("Terms") govern your access to and use of the image alteration and image generation application (the “Application”) and related website (the “Website”) (collectively, the "Service") provided by Grupiks LLC (“Grupiks,” “Company,” "we," "us," or "our"). By accessing or
using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service. We may change these Terms at any time and will post updates on the Website. By continuing to use our services after these changes are posted, you accept the updated Terms.
Use of the Services
Eligibility: To use our Services, you must be at least 13 years old and legally capable of entering into a contract with Grupiks. If you are under age 18, you must have your parent or legal guardian review these Terms, you must discuss these terms with your parent or legal guardian, and your parent or legal guardian must consent to your use of the Services. If you live or reside in a country or jurisdiction having laws defining a minimum age to use the Services that is older than 13 years, you must be at least the legal minimum age of that country or jurisdiction. If you are using the Services on behalf of someone else or an organization, you must have the authority to agree to these Terms on their behalf. You must provide accurate and complete information when registering for an account. Keep your login details confidential and do not share them with anyone else. You are responsible for all activity on your account.
Permitted Use: We provide you with a non-exclusive right to access and use our Services, but only for lawful purposes and in accordance with these Terms. We and our affiliates retain all ownership rights to the Services.
You may not use the Service:
In any way that violates any applicable federal, state, local, or international law or regulation.
To transmit, or procure the sending of, any advertising or promotional material,including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate Grupiks, a Company employee, another user, or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Grupiks or users of the Service or expose them to liability.
To create or distribute content that is illegal, harmful, offensive, or infringes on the rights of others.
Prohibited Content: You may not upload, transmit, or otherwise make available through the Service any content that: Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or
otherwise objectionable.
Uses the name, image, or likeness of any other person without their express consent.
Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
Contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other harmful or deleterious programs.
Prohibited Conduct: You agree not to:
Use the Service to generate images that are sexually explicit, violent, or promote hate speech.
Violate any applicable laws or regulations.
Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
Use the Service to generate images that use the name, image, or likeness of any other person without their express consent. This includes, but is not limited to, creating images that depict identifiable individuals, celebrities, or public figures. You are solely responsible for obtaining any necessary consents and permissions for the use of such likenesses.
Falsely claim that content generated by our Services was created by a human.
Interfere with or disrupt the Service or servers or networks connected to the Service.
Attempt to reverse engineer, decompile, or otherwise extract the source code or underlying components of our Services, except as allowed by law.
Use our Services to create competing models or services.
Use any method to extract data from our Services, including web scraping or harvesting.
Account Security: You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Feedback: We welcome your feedback, including comments, ideas, and suggestions for improvement. By providing feedback, you agree that we may use it freely and without any restriction, obligation, or compensation to you.
Third Party Services: If you use any third-party software, services, or products with our Services, those third-party products are subject to their own terms and conditions. We are not responsible for how you use any third-party products.
Intellectual Property
Ownership: The Service 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 Grupiks, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Our Content: The Service 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 us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Limited License: These Terms permit you to use the Service for your limited, non-exclusive, non-transferrable, non-sublicensable, revocable license to use the Service for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:
Your computer may temporarily store copies of such 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 Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
No Right to Use Company Marks: You are granted no right to use any of Grupiks’ trademarks, service marks, logos, or other branding materials.
Generated Content: You will own any assets you create using our Services. We hereby transfer all rights, title, and interest in those assets to you, allowing you to use them for personal or business purposes. By using the Services, you freely give Grupiks a perpetual license to use, copy, modify, and distribute any text prompts, images, or Assets created through use of the Services. Grupiks may use the Assets to maintain, advertise, and update the Services and comply with legal requirements. This license survives and remains in effect even after the termination of this Agreement.
Cancellation and Account Deletion: You can cancel your subscription at any time. To cancel, please follow the instructions in the app or on the website or contact us at: support@grupiks.com. Your cancellation will take effect at the end of your current billing cycle. If you wish to delete your account entirely, contact us at support@grupiks.com or submit an account deletion request using our Website, www.grupiksai.com, after which our team will delete the information from our servers. Please note that deleting your account is a permanent action and will result in the loss of all your data and content associated with the Service. Grupiks is not responsible for any loss of data due to compliance with any request to delete an account and associated data.
Cybersecurity Disclaimer: We take the security of your information seriously. We use a variety of security technologies and procedures to help protect your information from unauthorized access, use, or disclosure. These measures include:
Administrative safeguards: We have internal policies and procedures to manage access to and use of your information.
Physical safeguards: We protect our physical facilities and hardware from unauthorized access.
Technical safeguards: We use technologies like encryption and firewalls to protect your information in our digital environment.
While we strive to protect your information, no method of electronic storage or transmission over the internet is 100% secure. Therefore, we cannot guarantee absolute security. You agree that we are not responsible for any damages or losses that may result from:
Security breaches or incidents beyond our reasonable control.
Your use of, or inability to use, the website and services.
Delays or disruptions of the website and services.
Viruses or other malicious software obtained by accessing or linking to the website and services.
Glitches, bugs, errors, or inaccuracies from the website and services.
Damage to your hardware from using the website and services.
The content, actions, or inactions of third parties using the website and services.
Suspension or other actions taken regarding your account.
Protection of Child Privacy: Our Service is not intended for children under 13 years old. We do not knowingly collect any personally identifying information from or about children under 13 years old. Any information that is collected for users aged between 13 and 18 is only performed with the consent of the parent or legal guardian of the user. If you are a parent or guardian and believe your child has provided us with their personal information in violation of these terms or without your consent, please contact us immediately. If we detect or are notified that we have collected personally identifying information from or about a child that is under the age of 13 in any case, users aged between 13-18 without valid consent from a parent or legal guardian, and users aged 13-18 for which consent has been withdrawn from the parent or legal guardian, we will promptly take steps to delete this information from our servers. Contact us at support@grupiks.com or submit an account deletion request using our Website, www.grupiksai.com, after which our team will delete the information from our servers.
Privacy Policy: You acknowledge the collection, use, disclosure, and other handling of information relating to you and your use of the Services, as described in our Privacy Policy, which we may update from time to time.
Indemnification: You agree to indemnify and hold us harmless from any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of the Service or your violation of these Terms.
Termination: We may terminate your access to the Service at any time for any reason, with or without notice.
Disclaimer of Warranties: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR- FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability: IN NO EVENT WILL GRUPIKS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions. Copyright Infringement Notice Under DMCA: We respect the intellectual property rights of others and comply with the Digital Millennium Copyright Act (DMCA) as provided under 17 U.S.C. § 512. We take claims of infringement seriously and will terminate the accounts of users who we determine repeatedly infringe the copyrights of others. If you believe in good faith that any content on our Service infringes your copyright, you may submit a Notice of Infringing Material to us.
To submit a Notice, please provide the following information:
Identification of the copyrighted work that you claim has been infringed.
Identification of the material that you claim is infringing and its location on our Service.
Your contact information, including your address, telephone number, and email address.
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your physical or electronic signature.
You may wish to consult with an attorney before submitting a Notice to ensure it complies with all DMCA requirements.
Notices should be sent to:
DMCA Agent
Grupiks LLC
6206 West 63rd St
Unit B
Chicago, IL 60638
Dispute Resolution
Any dispute arising out of or relating to these Terms or the Service shall be settled by binding arbitration, on an individual basis, in accordance with the rules of the American Arbitration Association, the Federal Arbitration Act, and Illinois law. You can opt out of this arbitration provision within 30 days of agreeing to these Terms. To opt out, send a written notice stating your name, address, username, email address or phone number associated with your account, and a clear statement that you want to opt out of arbitration to:
Grupiks LLC ATTN: Arbitration Opt-out, 6206 West 63rd St, Unit B, Chicago, IL 60638. Class actions and class arbitrations are not permitted, and by using the Services you waive any rights to join any such class. All arbitrations shall be held in Chicago, Illinois.
Entire Agreement
These Terms constitute the entire agreement between you and us with respect to the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written.
Changes to these Terms
We may update these Terms from time to time. We will post any changes on our website and notify you as required by law. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.
Contact Us
If you have any questions about these Terms, please contact us at:
Grupiks LLC
6206 West 63rd St
Unit B
888-329-8831 office