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Terms and Conditions

Last updated June 24, 2023

 These terms and conditions govern your access and use of the AI APIs ("Services") provided by  M Studio AI Inc ("Provider") through its website. By accessing or using the Services, you agree to be bound by this Agreement ("Agreement"). If you do not agree with any part of this Agreement, you must not use the Services.

 

  • Introduction:

The content of the pages of this website is for your general information and use only. It is subject to change without notice. This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, personal information may be stored by us for stated use. Your use of any information or materials on this website is entirely at your own risk, for which Provider shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.

 

  • Services Provided
    • Services: Provider and Client (customers who have access to the Service or website or who have access on behalf of such Client are herein referred to as “Client”) hereby agree that commencing as of Commencement Date and continuing during the term of these T&C’s, Client shall utilize Provider as the provider of the services to Client and incorporated herein subject to the terms set forth in these T&C’s
    • Subscription of the Services: Without limiting any other obligation hereunder regarding the provision of the Services, Provider agrees that it shall provide the Services in accordance with specifications, milestones, procedures, and protocols set forth.
    • Additional Services: From time to time during the Initial Term or any Renewal Term of these T&C’s, Client may request that the Provider provide additional services to Client. Provider is under no obligation to provide such services. In the event Provider agrees to provide such additional services, the parties shall execute a written amendment to these T&C’s and such amendment will be incorporated into these T&C’s.

 

  • License and Usage
    • Grant of License: Provider grants you a limited, non-exclusive, non-transferable license to access and use the Services solely for the purpose of integrating AI and ML techniques into your applications.
    • Restrictions: You must not:
      • Modify, adapt, or create derivative works of the Services.
      • Use the Services for any illegal, harmful, or unauthorized purposes.
      • Reverse engineer, decompile, or attempt to extract the source code of the Services.
      • Sell, resell, or sublicense the Services to any third party.
      • Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.   

 

  • Intellectual Property
    • Ownership: User retains all rights, title, and interest including any intellectual property rights of the generated images. This Agreement does not grant you any ownership rights to the Services.
    • Feedback: If you provide any feedback or suggestions regarding the Services, Provider may use such feedback or suggestions without any obligation to you.

 

  • Data Privacy
    • Data Collection: Provider may collect and process data from your use of the Services. Please refer to the Privacy Policy [include a link to your privacy policy] for more information on how data is collected, used, and protected.
    • Confidentiality: Each Party, for itself and its Agents, agrees that it:   
      • will hereafter hold any and all Confidential Information of the other party in strict and complete confidence, and   
      • will not, without the prior written consent of the other party, disclose to any person or entity or use for its own or any other purpose, other than in connection with these Terms and Conditions (“T&C”), any Confidential Information of the other party.   
      • Each party further agrees that it will take all measures reasonably necessary and appropriate to protect the secrecy and avoid the unauthorized use or disclosure of any Confidential Information of the other party.

 

  • General Data Protection Regulation (“GDPR”): The parties agree that Provider will process EU Personal Information as a Service Provider strictly for the purpose of performing the Services under the Agreement. Provider shall not (a) Sell EU Personal Information; or (b) retain, use, or disclose EU Personal Information for any purpose other than for the Business Purpose or as otherwise permitted by the GDPR without explicit consent from the customer or data subject.

 

  • Representations and Warranties: Provider and Client hereby represent, warrant, and covenant to each other as follows:
  • Provider and Client have the full right and authority to enter into these T&C’s.
  • Provider retains the right to engage with a third party and/or assign its rights and obligations herein for consideration.
  • Client will use commercially reasonable efforts to cooperate with Provider.
  • Client agrees that it shall provide all the User data and all User, system, and business information as required and outlined by Provider.
  • Both Parties shall take all reasonable measures to ensure that the information transmitted to or from the Provider servers is secure and shall not authorize any third person to have any unauthorized access to the Provider servers.
  • No party shall supplement, modify, substitute, or alter the scope of the Services without the prior written consent of the other party

 

  • Limitation of Liability
  • No Warranty: The Services are provided on an "as is" basis without warranties of any kind, whether express, implied, or statutory. Provider disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • Limitation of Liability: In no event shall Provider be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of the Services, even if Provider has been advised of the possibility of such damages.

 

  • Termination
  • Termination: Provider may suspend or terminate your access to the Services at any time for any reason without prior notice.
  • Survival: Upon termination, all provisions of this Agreement that by their nature should survive termination shall continue to apply, including but not limited to provisions related to intellectual property, limitation of liability, and confidentiality.

 

  • Indemnification: You agree to indemnify, defend, and hold harmless Provider, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees arising out of or in connection with your use of the Services or any breach of this Agreement.

 

  • Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of New Delhi.

 

  • Modifications: Provider reserves the right, at its sole discretion, to modify or replace this Agreement at any time. Any such modifications will be effective immediately upon posting on the Provider's website. Your continued use of the Services after any changes to this Agreement constitutes your acceptance of the modified terms.

 

DISCLAIMER

Provider retains copyright on all the text, contents, graphics, and trademarks displayed on this site. All the trademarks displayed on this site with “TM” or “®” are owned by Provider.  

 

The information on this site has been included in good faith and is for general purpose only and should not be relied upon for any specific purpose. The user shall not distribute text or graphics to others without the express written consent of Provider. The user shall also not, without Provider’s prior permission, copy and distribute this information on any other server, or modify or reuse text or graphics on this or any another system.

   

Although Provider tries to ensure that all information and recommendations, whether in relation to the products, services, offerings or otherwise ("information"), provided as part of this website is correct at the time of inclusion on the web site, Provider does not guarantee the accuracy of the Information. Provider makes no representations or warranties as to the completeness or accuracy of Information. Certain links in this site may connect to other Web Sites maintained by third parties over whom Provider has no control. Provider makes no representations as to the accuracy or any other aspect of information contained in such other Web Sites.

   

Provider hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for any particular purpose, title, and non-infringement. In no event will Provider, its related partnerships or corporations, or the partners, agents or employees thereof be liable for any decision made by the User and/or site visitor for any inference or action taken in reliance on the information provided in this site or for any consequential, special, or similar damages. Applicable Law and Jurisdiction of this Disclaimer are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. The User/site visitor agrees that in the event of any dispute arising in relation to this Disclaimer or any dispute arising in relation to the web site whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Delhi (India) only for the resolution of all such disputes. 

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

ModelsLab

[email protected]

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