This Terms of Service Agreement ("Agreement"), made and entered into by and between the user ("you," "your," "User," or "Customer") and Artigen Limited ("Artigen," "we," "us," "our"), governs your use of the NokemonAI website https://nokemon.eloie.tech/ ("Site") and any related products or services (collectively, "Services"). This Agreement becomes effective upon your use of the Site or your electronic acceptance of these terms.
By accessing, browsing, or using the Services, you acknowledge, understand, and agree to be legally bound by this Agreement, including the Privacy Policy. Artigen Limited reserves the right to unilaterally amend or modify this Agreement and any incorporated policies at any time. Such changes will be effective immediately upon posting on the Site, and your continued use of the Site or Services following any changes constitutes acceptance of the revised Agreement.
Service
NokemonAI
NokemonAI, provided by Artigen Limited, offers a Software as a Service (SaaS) platform for AI-driven digital image generation. The service allows users to create digital images utilizing AI algorithms, supported by our computing resources and infrastructure, thereby obviating the need for complex software installations or hardware configurations.
Access to the Service
Web Interface: The service is accessible through a user-friendly web interface, governed by this Agreement.
User Acknowledgment and Responsibilities
We endeavor to ensure accuracy and quality in our AI-generated outputs, but NokemonAI does not guarantee the accuracy or completeness of these results. Users bear the responsibility to validate and act upon these results based on individual assessments and needs.
Subscription and Billing
Subscription Tiers: NokemonAI offers various subscription tiers with distinct levels of access and functionalities. The specifics of each tier, including services and pricing, are detailed during the subscription process.
Credit-Based Billing: Our service operates on a credit-based model. Users purchase credits corresponding to computational resources used for image generation, with transparent communication regarding credit usage and consumption rates.
Billing and Cancellation Policy: Subscription fees are based on the selected plan. Users can cancel their subscription in line with the cancellation terms in their account settings. We reserve the right to modify subscription fees or billing terms, providing users with a minimum notice period of 30 days.
Eligibility and User Agreement
Access to NokemonAI Services
NokemonAI's website and services are accessible only to those capable of forming legally binding contracts under UK law and other applicable jurisdictions.
Age Requirement: You are at least eighteen (18) years old, in compliance with UK legal age requirements for binding agreements.
Legal Capacity: You have the legal capacity to form binding contracts.
Compliance with Laws: Your use of the Services is not prohibited under UK law or any other applicable jurisdiction.
Corporate Use and Representation
If accessing NokemonAI on behalf of a corporate entity, you affirm you are authorized to bind the entity to this Agreement. In the event it is later found that you lacked such authority, you shall be personally accountable for the obligations in this Agreement.
Legal Compliance and Export Control
Users are responsible for complying with all local, national, and international laws and regulations applicable to their use of the Service, including export control laws and regulations.
Rules of User Conduct
Prohibited Activities
You shall not engage in illegal activities, exploitation, violence and terrorism, spam and malicious conduct, intellectual property infringement, privacy and confidentiality violations, interference with the operation of the platform, or introduce harmful code.
Restrictions on Use
You shall not copy, modify, or access any content or user data through unauthorized means. Violation of these rules may result in suspension or termination of your access, along with legal action to protect the rights and safety of others.
Intellectual Property
Ownership and Rights
NokemonAI Content: The content on NokemonAI is owned or licensed to Artigen Limited and protected under intellectual property laws including the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein, are owned by or licensed to Artigen Limited in perpetuity, and are subject to copyright, trademark, and/or patent protection.
Usage Restrictions: NokemonAI Content is for your personal use and information. Unauthorized exploitation of any NokemonAI Content is strictly prohibited.
No Implied Licenses: This Agreement does not grant you any intellectual property rights over NokemonAI Content or any Artigen Limited property.
Use of Cookies and Analytics
NokemonAI uses cookies to enhance user experience, maintain user preferences, and ensure efficient functioning of the service. By using NokemonAI, you consent to the use of cookies in accordance with our Cookie Policy.
We employ Google Analytics for gathering anonymized data regarding site usage and user interaction to improve our services. This data collection is subject to Google's privacy policy.
Data Privacy and Protection
Our Service collects and uses personal data in accordance with our Privacy Policy. We take appropriate measures to protect your data against unauthorized access, alteration, disclosure, or destruction.
Disclaimer of Warranties
Use at Own Risk: You acknowledge that your use of NokemonAI and its services is entirely at your own risk. The service is provided "as is," "as available," and with all faults, without warranties of any kind.
No Implied Warranties: Artigen Limited expressly disclaims all warranties, both statutory and implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
No Warranties for Third-Party Links: Artigen Limited does not warrant the safety, reliability, accuracy, or legality of any third-party websites or advertisements accessed through links on NokemonAI.
Limitation of Liability
Exclusion of Certain Damages: Artigen Limited is not liable for any direct, indirect, incidental, special, punitive, or consequential damages.
Specific Exclusions: This includes, but is not limited to, damages related to content accuracy, personal injury, third-party conduct, service interruption, harmful elements, objectionable content, and losses incurred using NokemonAI.
Statutory Limits: The limitations of liability are subject to all applicable laws and do not affect any statutory rights that cannot be excluded or limited under applicable law.
Claims Deadline: Any action related to NokemonAI must begin within one (1) year after the cause of action accrues, or it is permanently barred.
Indemnity
You agree to defend, indemnify, and hold harmless Artigen Limited from claims, costs, and damages arising from your use of NokemonAI, Agreement violations, or infringement of third-party rights. The indemnity obligations survive the termination of this Agreement.
Fees and Payments
Payment Processing: All service payments are processed through Stripe. Artigen Limited does not directly handle or store your payment card information.
Price Modification: We reserve the right to modify prices and fees, with immediate effect upon posting on NokemonAI.
Refund Policy: Charges for services are generally non-refundable and non-cancellable.
Non-Expiry of Credits: Prepaid credits in user accounts do not expire.
Governing Law
This Agreement is governed by the laws of the United Kingdom. Disputes related to these Terms are subject to binding arbitration in the United Kingdom.
Legal Information
Artigen Limited is a private limited company registered in England and Wales, number 15372967, located at Unit 13 Freeland Park, Wareham Road, Lytchett Matravers, Poole, England, BH16 6FA.