Terms of Service

Updated 5/15/2023

These Terms of Service ("Terms") govern your access to and use of the services provided by AustenAI LLC ("AustenAI," "we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms.

Account Creation and Usage

1.1 Registration: In order to use AustenAI's services, you must create an account. You agree to provide accurate and up-to-date information during the registration process and keep your account information secure.

1.2 Authorized Use: You are solely responsible for all activities that occur under your account. You must not share your account credentials with others or allow unauthorized access to your account.

1.3 Prohibited Conduct: You agree not to engage in any conduct that violates these Terms, including but not limited to:

  • Using our services for any unlawful, fraudulent, or malicious purpose.
  • Interfering with or disrupting the functionality of our services.
  • Uploading or transmitting any harmful or malicious code, viruses, or other destructive content.
  • Violating the intellectual property rights of AustenAI or any third party.

Intellectual Property Rights

2.1 Customer Property. We claim no ownership rights over Customer Content created by you. The Customer Content you create remains yours.

AustenAI has the right (but not the obligation) in its sole discretion to remove any Customer Content that is shared via the Services. By submitting, posting, displaying, providing, or otherwise making available any Customer Content on or through the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to AustenAI a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Customer Content and your name, voice, and/or likeness as contained in your Customer Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and AustenAI’s (and its successors’ and affiliates’) business, including without limitation in connection with modifying, improving, and enhancing artificial intelligence models, as well as promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.

In connection with your Customer Content, you affirm, represent, warrant and covenant the following: (i) You have the written consent of each and every identifiable natural person in the Customer Content, if any, to use such person’s name or likeness in the manner contemplated by the Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (ii) You have obtained and are solely responsible for obtaining all consents as may be required by law to post any Customer Content relating to third parties; (iii) Your Customer Content and AustenAI’s use thereof as contemplated by this Agreement and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights; (iv) AustenAI may exercise the rights to your Customer Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and (v) You will not post: nudity or other sexually suggestive content; hate speech, credible threats or direct attacks on an individual or group; content that contains self-harm or excessive violence; fake or impostor profiles; content for dissemination in electoral campaigns; content that encourages violence, terrorism, or other serious harm; illegal content or content in furtherance of illegal activities; malicious programs or code; any person’s personal information without their consent; and/or spam, machine-generated content, or bulk unsolicited messages.

AustenAI takes no responsibility and assumes no liability for any Customer Content that you or any other User or third-party posts, sends, or otherwise makes available over the Services. You shall be solely responsible for your Customer Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Services, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Customer Content. You understand and agree that you may be exposed to Customer Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that AustenAI shall not be liable for any damages you allege to incur as a result of or relating to any Customer Content.

2.2 AustenAI Property. AustenAI IP and all Intellectual Property Rights related thereto are the exclusive property of AustenAI and its licensors (including other Users who post content to the Services). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any AustenAI IP. Use of the AustenAI IP for any purpose not expressly permitted by this Agreement is strictly prohibited. For the avoidance of doubt, AustenAI IP, Aggregated Statistics and any other information, data, or other content derived from AustenAI’s monitoring of your access to or use of the Services, but does not include Customer Content. In furtherance of the foregoing, you hereby unconditionally and irrevocably grant to AustenAI an assignment of all right, title, and interest in and to the Aggregated Statistics, including all Intellectual Property Rights relating thereto.

You may choose to or we may invite you to submit Feedback. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place AustenAI under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, AustenAI does not waive any rights to use similar or related ideas previously known to AustenAI, or developed by its employees, or obtained from sources other than you. If you or any of your employees, contractors, or agents sends or transmits Feedback, we are free to use such Feedback irrespective of any other obligation or limitation between you and us governing such Feedback. All Feedback is and will be treated as non-confidential. You hereby assign to us on your behalf, and shall cause your Authorized Users to assign, all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other Intellectual Property Rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.

2.3 DMCA Notice. Since we respect artist and content owner rights, it is AustenAI’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify AustenAI’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: 1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner; 2. Identification of the copyrighted work that you claim has been infringed; 3. Identification of the material that is claimed to be infringing and where it is located on the Services; 4. Information reasonably sufficient to permit AustenAI to contact you, such as your address, telephone number, and, e-mail address; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and 6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent: Attn: Legal Department Email: legal@austenai.com


Please note that this procedure is exclusively for notifying AustenAI and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with AustenAI’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, AustenAI has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. AustenAI may also at its sole discretion limit access to the Services and/or terminate the User Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Privacy and Data Protection

3.1 Privacy Policy: Our collection, use, and disclosure of personal information are governed by our Privacy Policy. By using our services, you consent to the collection and processing of your personal information as described in the Privacy Policy.

Limitation of Liability

4.1 Disclaimer: AustenAI provides its services on an "as is" and "as available" basis. We do not guarantee the accuracy, completeness, or reliability of the services or any content provided therein. Your use of the services is at your own risk.

4.2 Limitation of Liability: AustenAI shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the services, even if we have been advised of the possibility of such damages.

Modifications and Termination

5.1 Modifications: AustenAI reserves the right to modify or update these Terms at any time. We will provide notice of any material changes to these Terms.

5.2 Termination: We may terminate or suspend your access to the services at any time, with or without cause, and without prior notice.

Governing Law and Jurisdiction

6.1 These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 19 “Dispute Resolution for Consumers,” the exclusive jurisdiction for all Disputes (defined below) that you and AustenAI are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and AustenAI each waive any objection to jurisdiction and venue in such courts.

General Provisions

7.1 Entire Agreement: These Terms constitute the entire agreement between you and AustenAI regarding the services and supersede all prior agreements or understandings.

7.2 Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

By using AustenAI's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, you must not use our services.

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