Terms and Conditions

Last updated:

1. Acceptance of Terms

By accessing or using seed42 ("the Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you disagree with any part of these Terms, you may not access the Service.

These Terms apply to all users of the Service, including beta testers, visitors, and others who access or use the Service.

2. Beta Testing Agreement

The Service is currently in beta testing. By participating in the beta program, you acknowledge and agree that:

• The Service may contain bugs, errors, or other issues that could cause data loss or service interruptions
• We do not guarantee continuous or uninterrupted availability of the Service
• Features may change, be removed, or be added without notice
• Your access to the Service may be limited by usage quotas or other restrictions
• We may collect additional information during beta testing to improve the Service
• We are not obligated to provide support, maintenance, or updates during the beta period
• Beta access may be terminated at any time without notice

3. Account Registration

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You must be at least 18 years old to create an account. We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.

4. Usage Quotas and Limitations

Beta testers are subject to usage quotas, including but not limited to:

• Limited hours of usage per account
• Restrictions on certain features or capabilities
• Rate limiting on API requests

We reserve the right to modify, suspend, or terminate your access if you exceed these quotas or violate these Terms.

5. User Content and Intellectual Property

5.1 Your Content

You retain ownership of any content you create using the Service, including prompts, presets, canvas configurations, and generated visuals ("Your Content"). By using the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process Your Content solely for the purpose of providing and improving the Service.

5.2 Our Intellectual Property

The Service, including its original content, features, and functionality, is owned by seed42 and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

5.3 AI Model Processing

Some features of the Service rely on third-party AI model providers. Your Content, including prompts and generated outputs, may be processed by these providers solely for the purpose of generating results.

We do not permit third-party AI model providers to use your prompts or outputs to train or improve their models unless explicitly stated by that provider. You acknowledge that third-party AI providers may have their own terms and conditions that govern the processing of your content.

5.4 Copyright of AI-Generated Outputs

We do not guarantee that AI-generated content is eligible for copyright protection in your jurisdiction. The legal status of AI-generated content varies by jurisdiction, and you are responsible for ensuring that your use of AI-generated content complies with applicable laws and regulations.

6. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Violate or infringe upon the rights of others, including intellectual property rights
• Transmit any harmful, offensive, or inappropriate content
• Attempt to reverse engineer, decompile, or disassemble the Service
• Interfere with or disrupt the Service or servers connected to the Service
• Use automated systems (bots, scrapers, etc.) to access the Service without permission
• Share your account credentials with others
• Attempt to gain unauthorized access to the Service or related systems
• Use the Service to create content that is defamatory, harassing, or harmful
• Use the Service, including beta features, to develop competing models, tools, or services

7. Confidentiality

As a beta tester, you may have access to confidential information about the Service, including features, functionality, and technical details. You agree to:

• Keep confidential information confidential and not disclose it to third parties
• Use confidential information solely for the purpose of testing and providing feedback
• Not use access to the Service, including confidential or non-public features, to develop or assist in developing competing products

This confidentiality obligation does not apply to information that is publicly available or independently developed by you.

8. Feedback

We welcome your feedback, comments, and suggestions about the Service. By submitting feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate your feedback into the Service without any obligation to compensate you.

9. Third-Party Services

The Service may integrate with or use third-party services, including but not limited to:

• Supabase (authentication and database services)
• PostHog (analytics services)
• Vercel (hosting services)
• AI model providers and APIs

Your use of third-party services is subject to their respective terms and conditions. We are not responsible for the practices of third-party services.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• The Service will be continuously available or free from interruptions
• Defects will be corrected
• The Service is free of viruses or other harmful components
• The results obtained from using the Service will meet your requirements

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SEED42, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid to us (if any) in the twelve (12) months preceding the claim, or AUD $0, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless seed42 and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Content you create or submit using the Service

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will cease immediately. You may terminate your account at any time by contacting us or deleting your account through the Service (if available).

The following sections survive termination: Intellectual Property (Section 5), Acceptable Use (Section 6), Confidentiality (Section 7), Feedback (Section 8), Disclaimers (Section 10), Limitation of Liability (Section 11), Indemnification (Section 12), and Governing Law (Section 14).

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Australia.

15. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised Terms.

16. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and seed42 regarding the Service and supersede all prior agreements and understandings.

18. Contact Information

If you have any questions about these Terms, please contact us at:

Email: contact@seed42.app
Website: https://seed42.app