Terms of Service
Last updated on: 30/04/2024
Introduction
These terms of service constitute a binding agreement between you and Cybernet Entertainment LLC, located at 1155 Mission Street, San Francisco, CA 94103. By accessing or using our services, you agree to be bound by these terms.
Description of Service
KINK.AI, is an AI Image Generation and ChatBot Platform that empowers users to create AI-generated content, specifically images, and engage in interactive chatbot conversations. We provide users with the ability to generate a wide range of images using artificial intelligence technology and communicate with an AI-driven chatbot. It is important to note that the content generated on our platform can be of an explicit or sexual nature, as determined by the users themselves. Our platform offers access to computing capabilities, without directly providing nor producing any content.
1. Eligibility
You must be at least 18 years old or the age of majority in your jurisdiction to use the Platform. By accessing and using the Platform, you represent and warrant that you meet these age requirements.
2. Prohibited Content
Users are strictly prohibited from generating or attempting to generate AIgenerated images that display any form of rape, murder, nonconsensual deepfakes (images portraying real people), scat, nonconsensual sex, minors in any circumstances, violence, severe beatings, watersports, bestiality, zoophilia, necrophilia, prostitution, pedopornography, or that violates any card association standards. Any violation of this provision may result in the immediate termination of your account, content removal, and may also be subject to legal consequences. Please note that certain content cannot be generated in strict accordance with the regulations imposed by payment processors and banks, which we must adhere to in order to operate in compliance.
3. Account Creation
Users can join the Platform by signing up through their Google or Twitter accounts using our convenient oneclick signup process or by registering via email. By signing up, you authorize us to access and use your provided information, such as your email (if available) and username, for the purpose of account creation and future access to the Platform.
4. Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, arising from your use of the Platform.
5. Content
The quality of the content generated is predominantly contingent upon the inputs provided by the user (prompt), and as such, we cannot offer refunds. Furthermore, it is important to note that we do not possess complete control over the AI output, as it is solely generated by artificial intelligence technology.
6. Ownership of Content
You are granted permission to freely share and utilize any of your images generated by our platform for noncommercial purposes, provided that your utilization of the images is not intended to cause harm, defraud, or negatively impact third parties in any way.
7. Subscription Policy
We offer a monthly subscription service that grants users access to our AI image generation and chatbot platform. Subscription plans and their prices may be modified at the sole discretion of Cybernet Entertainment LLC. Changes to subscription plans will be communicated to users, and their continued use of the service will constitute acceptance of the new terms.
8. Refund Policy and Liability
a) NonLiability for Delays or Performance Issues: We strive to provide a seamless AI image generation and chatbot experience. However, due to various factors such as server load, maintenance, or technical issues, the performance of the image generation process or chatbot interactions may occasionally be delayed. We shall not be liable for any delays or reduced performance during the image generation process or chatbot interactions.
b) NonLiability for Damage in Circumstances Beyond Our Control: In the event of any damage or loss occurring as a result of circumstances beyond our control, including but not limited to cyberattacks, force majeure events, or any other unforeseen incidents, we shall not be held liable for such damages or losses.
c) No Refunds for Slow Image Generation or ChatBot Responses: We cannot guarantee the specific time it takes to generate images or respond to chatbot interactions for individual users based on their chosen plan. Therefore, we do not offer refunds if the image generation or chatbot response is slower than expected.
d) No Refunds for Unmet Expectations: We cannot guarantee that the images or chatbot interactions will meet all user expectations or preferences. We do not offer refunds based on the images or chatbot interactions not turning out as the user expects.
e) Refund Eligibility: Refunds will only be considered under the following circumstances:
- Applicable statutory consumer protection laws mandate a refund.
- We fail to provide the service entirely, and the user is unable to use the service for its intended purpose.
- Double billing or overcharging due to a technical error on our part.
9. Restrictions
You are required to refrain from performing the following actions with regard to any material (including photographs, text, videos etc.):
a) Uploading, disseminating, or otherwise transmitting content that is in violation of the law, poses harm, damages reputation, is defamatory, exhibits abusive behavior, is racially or ethnically offensive, involves harassment, communicates threats, intrudes upon personal privacy or the right to public image, disseminates false or misleading information, ignites controversy, or otherwise raises objections.
b) Engaging in activities that would incite, promote, or provide guidance for criminal offenses, infringe upon the rights of any party, result in legal accountability, or breach local, regional, national, or international legal statutes.
c) Displaying private or personal information pertaining to a third party without acquiring proper authorization from said third party.
d) Crafting content that could potentially exploit or cause harm to minors, either by exposing them to inappropriate subject matter, seeking personally identifiable data, or adopting any other approach.
e) Sharing information or content for which you lack the lawful right.
f) Generating content that, at our exclusive judgment, could be deemed objectionable, or that imposes limitations or barriers upon any individual's use or enjoyment of our Services, potentially exposing us or others to various forms of harm or legal responsibility.
g) Engaging in activities aimed at causing harm, disrupting, or attempting to compromise the security of our servers, including but not limited to spamming or any similar malicious actions.
10. Compliance Policy
Users can report any potentially problematic content they come across on our platform. We provide a convenient reporting mechanism to ensure easy reporting of such content.
11. Review and Resolution
Once a reported complaint is received, our dedicated team will promptly review it within seven business days. We take every reported complaint seriously and strive to resolve them in a fair and timely manner. Our investigations into reported complaints may result in the deletion of content that violates our terms of service. We take appropriate actions to address such violations, including termination of user accounts for repeated generation of illegal content or bypassing our filters.
To report problematic content, please contact us via email at support@kink.com.
12. Intellectual Property
All logos, trademarks, trade names, service marks, and other distinctive brand features displayed on this website are the property of Cybernet Entertainment LLC or its licensors. The design, layout, graphics, and other visual elements of the website are also protected by applicable intellectual property laws. You agree not to use, reproduce, modify, distribute, or display any of the aforementioned intellectual property without prior written consent from Cybernet Entertainment LLC. Unauthorized use of these assets may result in legal action. By accessing or using this website, you acknowledge and agree that all intellectual property rights associated with it belong to Cybernet Entertainment LLC, and you shall not acquire any ownership or rights therein.
13. Termination of Access
We reserve the right to suspend or terminate your access to the Feature, the application, or any other services provided by us, if we determine, in our sole discretion, that you have violated these Terms of Service.
14. No Warranties
The website is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, KINK.AI, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, title and noninfringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, KINK.AI provides no warranty or undertaking, and makes no representation of any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any other software, websites, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither KINK.AI nor any KINK.AI's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website, or the information, content, and materials or products included thereon; (ii) that the website will be uninterrupted or error free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website; or (iv) that the website, its servers, the content, or emails sent from or on behalf of KINK.AI are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
15. Termination of Agreement
This Agreement shall remain in effect until terminated by you or KINK.AI. KINK.AI may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from KINK.AI, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the website and all copies thereof from your computer. Upon termination of this Agreement, you shall cease all use of the website and delete all copies of the website from your computer. Termination of this Agreement will not limit any of KINK.AI's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
16. Contact Information
If you have any questions about these Terms of Service, please contact us via email at support@kink.com or by mail at the address provided: 1155 Mission Street, San Francisco, CA 94103.