Typo Monster - Generate Images at the Speed of Thought

PLEASE ENSURE TO THOROUGHLY REVIEW THESE TERMS OF SERVICE ("AGREEMENT" OR "TERMS OF SERVICE") PRIOR TO ENGAGING WITH THE SERVICES PROVIDED BY TYPO.MONSTER. THIS AGREEMENT OUTLINES THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE TYPOMONSTER WEBSITE AND ALL RELATED SERVICES. THESE SERVICES INCLUDE, BUT ARE NOT LIMITED TO, ANY FEATURES, CONTENT, WEBSITES (INCLUDING WWW.TYPO.MONSTER), OR APPLICATIONS PRESENTED PERIODICALLY BY TYPOMONSTER IN ASSOCIATION THEREWITH (COLLECTIVELY REFERRED TO AS THE "SERVICE(S)"). BY UTILIZING THE SERVICES IN ANY CAPACITY, YOU ARE CONSENTING TO ABIDE BY THE STIPULATIONS OF THIS AGREEMENT.

BY USING THE SERVICES IN ANY CAPACITY, YOU REPRESENT AND WARRANT THAT YOU POSSESS COMPLETE AUTHORIZATION TO CONSENT TO AND BE LEGALLY OBLIGATED BY THIS AGREEMENT BETWEEN YOURSELF AND TYPOMONSTER OPERATED BY WORDBRICKS, INC. (HEREINAFTER REFERRED TO AS "TYPOMONSTER"). IF YOU REGISTER FOR THE SERVICE ON BEHALF OF AN ENTITY USING AN EMAIL ADDRESS SUPPLIED BY YOUR EMPLOYER OR ANOTHER ENTITY, (I) YOU ASSERT AND AFFIRM THAT YOU ARE AN OFFICIAL REPRESENTATIVE OF SAID ENTITY WITH THE POWER TO BIND SAID ENTITY TO THESE TERMS OF SERVICE; (II) YOUR USAGE OF THE SERVICE WILL BIND SAID ENTITY TO THIS AGREEMENT; AND (III) "YOU" AND "YOUR" WITHIN THESE TERMS OF SERVICE SHALL PERTAIN TO BOTH YOURSELF AND SAID ENTITY.

Acceptance of Terms of Service

In using the Service, you may enter text prompts and upload your own images or content (collectively referred to as "Inputs"),all of which you have full control and responsibility over, in order to generate images or content (collectively referred to as "Outputs"). You represent and warrant that you either possess full ownership rights, title, and interest in your Inputs or have otherwise obtained all requisite rights concerning your Inputs. The collective term for Inputs and Outputs within this context is referred to as "Assets." Through our Service, Typomonster provides AI-assisted tools that empower you to create and modify such Assets. Additionally, we foster an open creative community where others can utilize and remix your Assets when they are shared in a public setting. By default, your Assets may be publicly viewable and remixable by others.

The Service is offered subject to acceptance without modification of all of these Terms of Service and all other operating rules, policies and procedures that may be published from time to time in connection with the Services by Typomonster. In addition, certain services provided through the Service may be subject to supplementary terms and conditions issued by Typomonster from time to time; your use of such services is governed by those additional terms and conditions, which are integrated into these Terms of Service through this reference.

Typomonster reserves the right, in its sole discretion, to decline offering the Service to any individual or entity and to modify its eligibility criteria at any juncture. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

DMCA and Takedowns Policy

Typomonster utilizes advanced artificial intelligence systems to generate Assets. It's important to note that while we strive to ensure originality, these Assets may inadvertently resemble copyrighted material or trademarks owned by others.

We are committed to upholding the rights of intellectual property holders globally, and we expect our users to uphold the same standards. If you believe that our Service has infringed upon your copyright or trademark, please reach out to us at monster@wordbricks.ai. We will diligently review and investigate your request and take appropriate actions in compliance with the Digital Millennium Copyright Act and other pertinent intellectual property laws regarding any alleged or confirmed infringement.

Modification of Terms of Service

Typomonster reserves the right to modify or update any aspect of the Terms of Service at its discretion. This includes the ability to change, suspend, or terminate the Service (including without limitation, the availability of any feature, database, or content) at any time. Notices regarding such modifications may be provided through postings on the Typomonster websites or Service, or via email communication to you. Typomonster may also impose limitations on specific features or services, or restrict access to parts or all of the Service without prior notification or liability.

It is your responsibility to regularly review the Terms of Service for any changes. Your continued use of the Service after any modifications to the Terms of Service indicates your acceptance of those changes.

As part of our commitment to enhancing the Service, modifications, discontinuations, and adjustments may occur, including changes to the style of Assets, the algorithms or models used to generate the Assets, and available features. While we strive for the Service's continuity, quality, stability, uptime, and reliability, no guarantees are provided except as outlined in specific agreements with you.

Trademarks and Patents

All trademarks, logos, and designations associated with Typomonster are either trademarks or registered trademarks of Typomonster. Any other trademarks referenced on this website are the property of their respective owners. The trademarks and logos showcased on this website are not to be used without prior written consent from Typomonster or the respective owners. Certain portions, features, and/or functionalities of Typomonster's products may be safeguarded by Typomonster patent applications or patents.

Licensing Terms

Subject to your compliance with the terms of this Agreement, as well as any limitations imposed by Wordbricks, Inc. or applicable laws:

(i) You are granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, and freely revocable license to access and use the Service for personal or business purposes.

(ii) You retain ownership of all Assets created using the Services.

(iii) We hereby transfer to you all rights, title, and interest in and to such Assets for your personal or commercial use.

Otherwise, Typomonster reserves all rights not expressly granted under these Terms of Service. Each individual must possess a unique account, and you are accountable for all activities conducted through your account. Violation of any of our Terms of Service may result in the immediate termination of your right to utilize our Service.

By utilizing the Services, you grant Typomonster, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable copyright license to utilize, copy, reproduce, process, adapt, modify, publish, transmit, prepare Derivative Works of, publicly display, publicly perform, sublicense, and/or distribute text prompts and images you input into the Services, or Assets produced by the Service under your direction.

This license allows Typomonster to make the Assets available to the public and to utilize them as necessary to provide, maintain, promote, and enhance the Services, as well as to comply with applicable laws and enforce our policies. You agree that this license is provided without any compensation paid to you by Typomonster for your submission or creation of Assets, as your use of the Services is considered sufficient compensation for the grant of rights herein.

Additionally, you grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your publicly available Assets through the Service and to utilize those Assets (including reproduction, distribution, modification, display, and performance) only as facilitated by a feature of the Service.

The license granted to Typomonster survives termination of this Agreement by any party, for any reason.

Fees and Payments

Typomonster provides both free and paid Services. Details about our paid subscription offering can be found on the Pricing page. You have the option to subscribe to a recurring subscription, payable in U.S. dollars, which will automatically renew based on the selected term. You can discontinue the use of the Service and cancel your subscription at any time via the website or by contacting us at monster@wordbricks.ai. Upon cancellation of your subscription, you will not receive a refund or credit for any amounts already billed or paid. Typomonster retains the right to adjust its prices at any time. For subscribers, changes to pricing will take effect either upon your next renewal or thirty (30) days following notice, whichever occurs later.

Unless explicitly stated otherwise, your subscription fees ("Fees") do not cover federal, state, local, and foreign taxes, duties, or similar assessments ("Taxes"). You are responsible for all Taxes associated with your purchase, and we reserve the right to invoice you for such Taxes. You agree to promptly settle such Taxes and provide us with documentation confirming payment or other reasonable evidence upon request. In the event that any portion of your Fees becomes overdue, we may suspend your access to the Services after providing written notice of the overdue payment. It is not permissible to create multiple accounts to exploit the Free tier of our Services. If we suspect that you are not utilizing the Free tier in good faith, we may impose standard fees or discontinue access to the Services.

Rules and Conduct

By using our Service, you agree to comply with our Content Policy and refrain from using the Service for any activities prohibited by the Terms of Service. Examples of prohibited actions include, but are not limited to:

Violating any applicable laws, rules, or regulations.
Infringing upon the intellectual property or other rights of any individual or entity.
Engaging in behavior that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of privacy, tortious, obscene, offensive, supportive of self-harm, or profane.
Creating Assets that exploit or harm children.
Spreading verifiably false information with the intention of causing harm to others.
Impersonating or attempting to impersonate others.
Sharing personally identifying or identifiable information.
Creating Assets that imply or promote support for a terrorist organization.
Creating Assets that endorse or incite violence against individuals based on any protected legal category.
Use of the SDXL model is subject to and restricted by the license set forth here.

Additionally, you agree not to:

Overload Typomonster's (or its third-party providers') infrastructure with actions that are unreasonably or disproportionately large.
Interfere with the proper functioning of the Service or any activities conducted on the Service.
Circumvent any measures put in place by Typomonster to prevent or restrict access to the Service (or its components).
Extract data from the Services using methods such as web scraping, web harvesting, or web data extraction, except as permitted through an authorized API.
Attempt to reverse engineer, decompile, or discover the source code or underlying components of models, algorithms, or systems of the Services that are not openly available (except where such restrictions are prohibited by applicable law).
Reproduce, duplicate, copy, sell, resell, or exploit any part of the Site, use of the Site, or access to the Site without obtaining express written permission from us.

Termination

Typomonster reserves the right to terminate your access to all or part of the Service at any time if you violate these Terms of Service. Such termination may lead to the loss and deletion of all data associated with your account. Additionally, either party may terminate the Services for any reason and at any time by providing written notice. Should you wish to terminate your account, you can do so by following the instructions provided on the Service. Please note that any fees paid are non-refundable. Upon termination, all rights and licenses granted to you in this Agreement will cease immediately. However, certain provisions, including warranty disclaimers, indemnity, and limitations of liability, will continue to apply beyond termination.

Indemnification

You agree to defend, indemnify, and hold Typomonster, its affiliates, and each of its employees, contractors, directors, suppliers, and representatives harmless from any liabilities, losses, claims, and expenses, including reasonable attorneys' fees, arising from or related to (i) your use or misuse of the Service, or (ii) your violation of the Terms of Service or any applicable law, contract, policy, regulation, or other obligation. Typomonster reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to assist and cooperate with Typomonster in connection with such matter.

Limitation of Liability

IN NO EVENT SHALL TYPOMONSTER OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE OR, IF GREATER, $500. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimer

ALL USE OF THE SERVICE AND ANY CONTENT IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE TYPOMONSTER WEB APP AND ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Disputes

All legal claims arising out of or relating to this Agreement (including any dispute regarding the interpretation or performance of the Agreement) (“Dispute”) will be governed by the laws of the state of California, excluding California’s conflicts of laws rules. The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association’s International Center for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement (“Rules”). The parties will mutually select one arbitrator. The arbitration will be conducted in English in San Francisco County, California, USA. Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement. The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Each party agrees that any Disputes between them must be brought against each other on an individual basis only and not as a plaintiff or className member in any purported className or representative proceeding. In an arbitration proceeding, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or className proceeding. If for any reason a Dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim arising out of or relating to these Terms of Service.

Privacy

By utilizing the Services, you may disclose personal information to Typomonster. For details on how Typomonster handles personal information, please refer to our Privacy Statement at https://typo.monster/privacy. Both parties agree to abide by all applicable data protection laws. Should there be a need for additional terms concerning data privacy or transfers, the parties will engage in good faith negotiations to establish such terms.

Age Requirements

By accessing the Services, you affirm that you are at least 13 years old and meet the minimum age requirement for digital consent in your country. If you do not meet the requisite age for consenting to our Terms of Service in your country, your parent or legal guardian must consent to this Agreement on your behalf.

We encourage you to review these terms with your parent or guardian if you are under the applicable age. If you are a parent or legal guardian permitting your teenager to utilize the Services, these terms also apply to you, and you are accountable for your teenager’s activities on the Services. We make no representations regarding the suitability of the Assets for your use.

Miscellaneous

The Terms of Service constitute the entire agreement between you and Typomonster regarding the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Typomonster regarding the Service. If any provision of the Terms of Service is deemed unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary to ensure that the Terms of Service remain in full force and effect and enforceable. The failure of either party to enforce any right provided for herein shall not be considered a waiver of any further rights hereunder. Typomonster shall not be held liable for any failure to perform its obligations hereunder due to any cause beyond its reasonable control. The Terms of Service are personal to you and may not be assigned or transferred by you without Typomonster’s prior written consent. Typomonster may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is established as a result of the Terms of Service, and neither party has the authority to bind the other in any respect. Except as otherwise stated herein, all notices under the Terms of Service shall be in writing and shall be deemed duly given upon receipt: if personally delivered or sent by certified or registered mail, return receipt requested; upon electronic confirmation of receipt, if transmitted by facsimile or email; or two days after being sent, if sent for next day delivery by recognized overnight delivery service.

If you have any questions about the Service, please contact us at monster@wordbricks.ai.

Legal notices with respect to the Service should be sent to Typomonster at:

TYPOMONSTER

c/o WORDBRICKS, INC

Attn: Legal

2093 PHILADELPHIA PIKE #1248

CLAYMONT, DE 19703 US