Terms of service

1.1 MARTENS, with registered office at 9700 Oudenaarde, Hazel 21, Belgium and CBE number 0793.402.689 (“Licensor”), offers an information society service to the (“User”), who has been granted access to ai-nudes.app (“Platform”) via an account (“Account”), where the User can create AI-generated content at their own responsibility (“Service”).

1.2 These license terms are essential and applicable to the use of the Platform and the Service by the User and constitute the entire agreement between the Licensor and the User (“Agreement”).

1.3 The Licensor may refuse access to the Platform and the Service in the event that:

• The User has not reached the age of majority as defined by their national law;
• The User's Account has been deleted in accordance with Article 2.2, 2.3, 6.3, 7.6. Article 2.2, 2.3, 6.3, 7.6.

1.4 The Licensor reserves the right to suspend the Agreement and deny access to the Account if the User breaches any provision of Article 4 and/or Article 5.

2.1 The Agreement is concluded for an indefinite period. The User may terminate the Agreement at any time by deleting their Account.

2.2 The Licensor may terminate the Agreement with immediate effect and delete the User's Account at any time without being liable for any refund or compensation to the User if the User acts in violation of this Agreement, public order, or morality and/or Union or national law, without prejudice to the Licensor's right to full compensation for damages and costs incurred due to the User.

2.3 The Licensor has the right to prohibit a User whose Agreement has been terminated pursuant to Article 1.3 en 2.2 from creating a new Account and to deny them access to the Platform and/or Services.

2.4 A User who believes their Account has been wrongly deleted may contest this by sending a reasoned request to the Licensor via email at [email protected].

2.5 Upon termination of the Agreement, Articles 4.6, 5.1, 7.7, Article 10 and Article 12 shall remain in effect.

3.1 In order to use the Services, the User must purchase digital tokens (“Credits”). One credit can generate one image. Credits remain valid until used.

3.2 Credits can be purchased on the Platform using one of the available payment methods. The use of the payment method is subject to the terms and conditions of the third-party provider.

3.3 If the User's Account is deleted in accordance with Article 2.2, 2.3, 6.3, 7.6 the User is not entitled to a refund of the Credits.

3.4 A User, who is a consumer, has the right to withdraw from the online purchase within 14 days without giving any reason, provided that no Credits have been used. The withdrawal period begins on the day of purchase.

4.1 The Licensor grants the User, in accordance with the terms of this Agreement, a limited, non-exclusive, non-transferable, worldwide, and non-sublicensable license to use the Platform and the Service for creating AI-assisted images solely for personal, non- commercial purposes.

4.2 The conclusion of the Agreement does not grant the User any ownership rights over the intellectual property rights of the Licensor, including copyrights, trademarks, service marks, trade names, or any other intellectual property rights. These rights are the exclusive property of the Licensor and/or its licensors and/or suppliers.

4.3 The User agrees to use the Platform and the Service in a proper manner throughout the duration of the Agreement and as a responsible user. The User is strictly prohibited from:

• Decompiling, reverse-engineering, disassembling, modifying, distributing, reproducing, offering for sale, licensing, or creating derivative works from the Service and/or the Platform or the underlying technology;
• Circumventing, modifying, manipulating, or disabling any features or security measures of the Platform and/or the Service;
• Damaging, disabling, overloading, or impairing the Platform and/or the Service;
• Using the Platform and/or the Service unlawfully, for an unlawful purpose, or in a manner contrary to the provisions of the Agreement;
• Sharing login credentials for accessing the Platform and/or the Service with third parties or allowing third parties to violate the above restrictions.

4.4 If the Licensor determines that the User is using the Platform and/or the Service in violation of this Agreement and/or Union or national law, public order, or morality, the Licensor is entitled to temporarily or permanently block the User's access to the Platform and/or the Service.

4.5 In the event of any violation by the User of the provisions in Articles 4.2 till 4.4 the Licensor has the right to terminate the Agreement, without prejudice to the Service Provider's right to claim compensation for damages incurred.

4.6 The User agrees to indemnify and assist the Licensor upon first request against third-party claims resulting from the User's violation of the Agreement and/or applicable law.

5.1 The User guarantees that they will only upload or otherwise provide data to the Platform and use the Service for which they possess the necessary rights and/or permissions in accordance with applicable law. The User acknowledges and accepts full responsibility and liability for any claims that may be brought by third parties and is obligated to indemnify the Licensor fully in accordance with Article 4.6. of the Agreement in the event of a breach of this Article.

5.2 The User is not permitted to remove or obscure the watermark from the generated images.

5.3 The User declares to use the Platform in compliance with public order and morality.

6.1 The User is strictly prohibited from using the Platform or Service to generate images that:

• Relate to minors, including both people (whether AI- generated or not) who have not yet reached the age of 18, and those who have reached that age but portray themselves as minors;
• Depict people who have not provided their explicit consent;
• Infringe on the copyright and/or portrait rights of third parties.

6.2 The User retains intellectual property rights, particularly, where applicable, copyright, regarding the data they upload to the Platform or otherwise communicate via the Platform, as well as the data generated through the Service at the User's instruction.

6.3 The User is responsible for indemnifying the Licensor in accordance with Article 4.6 of the Agreement in the event that the use of the Platform and/or the Service violates the rights of third parties. Such a violation also constitutes a serious breach, allowing the Licensor to immediately terminate the Agreement at the User's expense and to prohibit further access to the Platform and/or the Service, as well as the creation of a new Account.

6.4 When the User uses the Service to reproduce, generate, post, upload, share, or otherwise transmit data subject to intellectual property rights, the User grants the Licensor a non-exclusive, royalty-free, transferable, sublicensable, worldwide, and perpetual license to use, modify, perform, copy, or otherwise create derivative works of such content in a manner consistent with privacy laws and the Licensor's Privacy Policy. The same applies to the data generated through the Service.

6.5 The User expressly grants the Service Provider permission to use all entered prompts and generated images for further training, improving, and developing the underlying AI models of the Platform.

7.1 The User acknowledges and accepts that the Licensor is subject to statutory obligations regarding liability for unlawful content on the User's Account, in accordance with Articles 16 and 18 of the Digital Services Act.

7.2 In compliance with the Digital Services Act, the User recognizes that the Licensor has a legal obligation, upon simple awareness of the availability of unlawful information or files via the User's Account, to take the measures described below to prevent further dissemination of such unlawful information or files, without being held liable by the User for doing so.

7.3 The Licensor may, but is not obligated to, request in writing that the User immediately remove any actually or potentially unlawful information or files made available via their Account following awareness in accordance with Article 7.2. The User acknowledges that the Licensor is not required to follow this prior warning procedure and may, regardless of the nature and severity of the infringements, immediately take the measures described in Article 7.4.

7.4 Whether or not the warning procedure under Article 7.3, is followed, the Licensor has the right, upon awareness in accordance with Article 7.2, to immediately and without prior notice, block access to or remove potentially or actually unlawful information or files at its discretion.

7.5 The User acknowledges that, under the measures described in this Article, the Licensor is obliged, in accordance with Article 18 of the Digital Services Act, to immediately notify the competent judicial or administrative authorities of any alleged unlawful activities or unlawful information being exploited or made available by the User through their Account.

7.6 The Licensor's compliance with the procedures described in Articles 7.3 and 7.4 does not affect its right to take other actions against the User, particularly but not limited to the immediate termination of the Agreement at the User's expense and prohibiting further access to the Platform and/or the Service as well as the creation of a new Account.

7.7 The User is obligated to indemnify the Licensor against any claims made by third parties against the Licensor because of unlawful content on the User's Account.

7.8 The Licensor cannot be held liable for any damage suffered by the User because of the blocking or removal of files or information as specified in this Article 7.

8.1 The User acknowledges having knowledge of the privacy and cookie policy, available here.

9.1 The Licensor is not liable for the (temporary or otherwise) unavailability of the Platform and/or the Service due to, among others, (i) maintenance periods, (ii) installation of updates, (iii) power or server outages, (iv) cybercrime, (v) strikes, and (vi) any other external cause or circumstance that reasonably cannot be attributed to the Licensor. The Licensor therefore does not guarantee continuous and uninterrupted use of the Platform and/or the Service.

10.1 The successful use of the Service is subject to the technical functionalities and limitations of the User's device. The Licensor can never be held responsible for any incompatibility between the Platform and/or the Service and the User's equipment.

10.2 The Licensor does not guarantee that the results of the Platform and/or the Service will meet the User's substantive expectations. The Licensor cannot be held liable for this.

10.3 The User shall be liable to the Licensor for any damages suffered by the Licensor because of the User's use of the Platform and/or the Service in violation of the provisions of this Agreement and applicable law.

11.1 This Agreement constitutes the entire agreement between the Parties and applies to the Platform and all performance of the Service. Unless otherwise agreed in writing, the User's terms and conditions are not applicable.

11.2 The Service Provider reserves the right to assign its rights and obligations to third parties without the User's consent. The User may only transfer their rights and obligations with the express and written consent of the Service Provider.

11.3 If one or more (parts of) provisions of this Agreement are declared null and void or unenforceable, the Parties shall replace those provisions with valid and enforceable provisions that, to the extent possible, achieve the economic, business, or other purpose of the void or unenforceable provision. The remaining provisions of the Agreement shall remain in full force.

11.4 The mere fact that the Licensor does not insist on the strict observance of any provision of this Agreement or does not enforce it cannot be interpreted as a waiver or relinquishment of rights unless confirmed in writing.

11.5 A User, who is a consumer, may file a complaint:

• With the Belgian Consumer Mediation Service (https://consumentenombudsdienst.be/nl)

On the European Online Dispute Resolution platform (http://www.odreurope.com/eu-odr-platform).

12.1 This Agreement is governed by and shall be interpreted in accordance with Belgian law.

12.2 Any dispute concerning this Agreement shall be finally settled by the court where the Licensor has its registered office.