Artwurk.AI Terms of Use and Privacy Policy

Last updated: 26 September 2024

Terms of Use

1. Acceptance of Terms

By accessing or using Artwurk.AI ("we," "us," or "our"), you ("user" or "you") agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use our services.

2. Description of Service

Artwurk.AI is an online platform that allows users to upload selfies to create personalized models and generate images based on those models ("Service").

3. Eligibility

You must be at least 18 years old or have reached the age of majority in your jurisdiction to use our Service. By using the Service, you represent and warrant that you meet this eligibility requirement.

4. User Accounts

• Registration: You may need to create an account to access certain features of the Service.
• Account Security: You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
• Account Termination: We reserve the right to suspend or terminate your account if you violate these Terms.

5. User Content

5.1. Uploading Content

By uploading selfies or any other content ("User Content"), you represent and warrant that:

• You own all rights to the User Content or have obtained all necessary permissions.
• The User Content does not violate any laws or infringe upon the rights of any third party.

5.2. License Grant

You grant Artwurk.AI a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your User Content solely for the purpose of providing the Service.

5.3. Generated Content

• Ownership: You retain ownership of the original User Content you upload. However, the generated images ("Generated Content") are subject to the terms outlined in this Agreement.
• License to Use Generated Content: You are granted a non-exclusive, royalty-free license to use the Generated Content for personal, non-commercial purposes.

6. Intellectual Property Rights

All rights, titles, and interests in the Service, including but not limited to software, text, images (excluding User Content and Generated Content), and trademarks, are owned by Artwurk.AI or its licensors.

7. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy below to understand our practices.

8. Prohibited Activities

You agree not to:

• Use the Service for any illegal or unauthorized purpose.
• Upload any content that is unlawful, harmful, obscene, or otherwise objectionable.
• Attempt to interfere with or compromise the system integrity or security of the Service.

9. Termination

We reserve the right to terminate or suspend your access to the Service at our sole discretion, without prior notice, for conduct that we believe violates these Terms.

10. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Artwurk.AI disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

In no event shall Artwurk.AI be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service.

12. Indemnification

You agree to indemnify and hold harmless Artwurk.AI and its affiliates from any claims, losses, damages, liabilities, including legal fees, arising out of your use or misuse of the Service.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Country/State], without regard to its conflict of law principles.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the Service signifies your acceptance of the updated Terms.

15. Contact Information

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

• Email: support@artwurk.ai
• Address: [Your Company Address]

Privacy Policy

Effective Date: [Insert Date]

At Artwurk.AI ("we," "us," or "our"), we are committed to protecting your privacy and ensuring that your personal data is handled safely and responsibly. This Privacy Policy outlines how we collect, use, disclose, and safeguard your information when you visit our website or use our services.

By accessing or using Artwurk.AI, you agree to the collection and use of information in accordance with this Privacy Policy.

1. Information We Collect

a. Personal Data

• Biometric Data: When you upload selfies or images of yourself, we collect and process these images to create a personalized model for you. This may be considered biometric data under certain data protection laws.
• Account Information: Including your name, email address, username, password, and any other information you choose to provide.

b. Usage Data

• Information about your interactions with our website, such as your IP address, browser type, operating system, pages visited, time and date of visit, and other diagnostic data.

c. Cookies and Tracking Technologies

• We use cookies, web beacons, and similar tracking technologies to monitor activity and store certain information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent.

2. Legal Basis for Processing Personal Data (EEA Users)

If you are from the European Economic Area (EEA), our legal basis for collecting and using your personal information depends on the data we collect and the specific context in which we collect it:

• Consent: You have given us explicit consent to process your personal data for specific purposes.
• Performance of a Contract: Processing is necessary for the performance of a contract with you.
• Legal Obligations: To comply with legal obligations.
• Legitimate Interests: Processing is necessary for our legitimate interests, provided your rights do not override these interests.

3. How We Use Your Information

We use your information for the following purposes:

• Service Delivery: To create personalized models based on your selfies and enable you to generate images.
• Account Management: To manage your account and provide customer support.
• Communication: To send you updates, newsletters, and marketing communications (you may opt-out at any time).
• Compliance and Enforcement: To enforce our Terms of Use and comply with legal requirements.
• Improvement of Services: To analyze usage and improve our website and services.

4. Processing and Storage of Biometric Data

We process biometric data (your uploaded selfies and images) solely for the purpose of creating a personalized model for you. This data is considered sensitive under data protection laws. By providing this data, you give your explicit consent for us to process it for the specified purpose.

• Temporary Storage: Your images are stored temporarily on AWS S3 servers. We retain these images only for as long as necessary to create your personalized model.
• Model Creation: We use Replicate.com to process your images and create your personalized model. Your images are securely transmitted to Replicate.com for this purpose.
• Deletion of Images: Once your model is successfully created, all your uploaded images are deleted from our storage systems.

5. Disclosure of Your Information

We may share your information in the following situations:

• With Service Providers: Third-party companies and individuals that facilitate our services:
• Replicate.com: Used for model creation and image generation. Your images are securely transmitted to Replicate.com solely for creating your personalized model.
• AWS S3: Used for temporary storage of your images and model weights during the model creation process.
• For Legal Reasons: If required by law or in response to valid requests by public authorities (e.g., a court or government agency).
• Business Transfers: In connection with any merger, sale of company assets, financing, or acquisition of all or a portion of our business.

We do not sell any users' personal data to third parties.

6. Data Security

We implement reasonable security measures to protect your personal data from unauthorized access, alteration, disclosure, or destruction. These measures include:

• Encryption: Protecting data during transmission and storage using industry-standard encryption protocols.
• Access Controls: Restricting access to personal data to authorized personnel only.
• Regular Assessments: Conducting regular security audits and updates to our systems.

However, please note that no method of transmission over the internet or electronic storage is 100% secure.

7. Data Retention

We retain your personal data only for as long as necessary for the purposes set out in this Privacy Policy or as required by law.

• Uploaded Images: Your images are stored only until your personalized model is successfully created. Once created, all your images are deleted from our servers.
• Model Weights: The personalized model generated from your images is stored to enable you to generate images of yourself using our services.
• Other Personal Data: We retain other personal data (like account information) as long as your account is active or as needed to provide you services, comply with legal obligations, resolve disputes, and enforce our agreements.

8. International Data Transfers

Your information, including personal data, may be transferred to and maintained on servers located outside of your country, where data protection laws may differ. We take steps to ensure that your data is treated securely and in accordance with this Privacy Policy, including:

• Standard Contractual Clauses: Implementing contractual obligations to protect your data when transferred internationally.
• Adequacy Decisions: Transferring data to countries recognized as having adequate data protection laws by relevant authorities.

Our service providers, such as AWS and Replicate.com, may process and store data in multiple countries. By using our services, you consent to the transfer of your data to these countries.

9. Your Rights

Depending on your jurisdiction, you may have the following rights regarding your personal data:

• Access: Request access to the personal data we hold about you.
• Correction: Request correction of inaccurate or incomplete data.
• Deletion: Request erasure of your personal data under certain conditions.
• Objection: Object to the processing of your personal data.
• Restriction: Request restriction of processing your personal data.
• Data Portability: Request transfer of your personal data to you or a third party.
• Withdrawal of Consent: Withdraw your consent at any time (this does not affect the lawfulness of processing based on consent before its withdrawal).

To exercise these rights, please contact us at [Insert Contact Information].

10. California Privacy Rights

If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA):

• Right to Know: Request disclosure of the categories and specific pieces of personal information we have collected about you.
• Right to Delete: Request deletion of your personal information that we have collected, subject to certain exceptions.
• Right to Opt-Out: Opt-out of the sale of your personal information (Note: We do not sell personal information).
• Non-Discrimination: You will not receive discriminatory treatment for exercising your CCPA rights.

To exercise your rights under the CCPA, please contact us at [Insert Contact Information].

11. Children's Privacy

Our services are not intended for individuals under the age of 13. We do not knowingly collect personal data from children under 13. If you become aware that a child has provided us with personal data, please contact us. If we discover that we have collected personal data from a child under 13 without verification of parental consent, we take steps to remove that information.

12. Third-Party Links

Our website may contain links to third-party websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

13. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by:

• Posting the new Privacy Policy on this page.
• Updating the "Effective Date" at the top of this Privacy Policy.
• Notifying you via email or a prominent notice on our website, if the changes are significant.

You are advised to review this Privacy Policy periodically for any changes.

14. Contact Us

If you have any questions or concerns about this Privacy Policy or our data practices, please contact us:

• Email: support@artwurk.ai
• Address: [Your Company Address]

15. Data Protection Officer (If Applicable)

If you wish to contact our Data Protection Officer (DPO), please reach out at:

• Email: [Insert DPO Email Address]
• Address: [Insert DPO Physical Address]