Terms of Service
Last updated: 2024-04-05
1. Introduction
Welcome to Interstice.cloud! These terms and conditions ("Terms") apply to your use of the website (http://interstice.cloud), as well as image generation and related functionality you use via the Krita Plugin while it is connected to Interstice.cloud. Website and services provided through the Plugin will be jointly referred to as the "Service" in this document.
These Terms, together with our Privacy Policy, govern your use of our Service. By using the Service, you acknowledge that you have read and understood the Terms and Privacy Policy, and agree to be bound of them. If you do not agree with (or cannot comply with) Terms or Privacy Policy, then you may not use the Service.
Krita is a third-party painting application. It is not subject to these terms and not in any way affiliated with Interstice.cloud.
2. Using the Service
a)Age restriction
The Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of our Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
b)Access to the Service
Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for business or personal use. Interstice.cloud reserves all rights not expressly granted under these Terms. Each person must have a unique account and you are responsible for any activity conducted on your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code.
c)Image generation
You may use the Service to generate images based on the input you provide, as long as you have sufficient funds ("Tokens") remaining. Images and text you provide as input, as well as generated results, are your responsibility, and the Service will never share, publish, analyze, or otherwise use your data for a purpose other than to serve your direct request. Images are only stored temporarily where necessary to accommodate transfer, and will be removed automatically after a short period of time (maximum two days).
3. Prohibited Activities
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use our Service:
- In any way that violates any applicable national or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
- To impersonate or attempt to impersonate Interstice.cloud, a Interstice.cloud employee, another user, or any other person or entity.
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Service, or which, as determined by us, may harm or offend Interstice.cloud or users of Service or expose them to liability.
Additionally, you agree not to:
- Use the Service in any manner that could disable, overburden, damage, or impair it or interfere with any other party's use of the Service, including their ability to engage in real time activities.
- Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material used by the Service.
- Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of Service.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, or any server, computer, or database connected to it.
- Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Service.
4. Billing
a)Purchase
If you wish to purchase any product or funds made available through the Service, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.
You represent and warrant that you have the legal right to use any credit card or other payment method in connection with any purchase and that the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
All payments are in Euro (EUR).
b)Refunds
Except when required by law, Purchases and Subscription fees are non-refundable.
5. Warranty Disclaimer
The Service is provided on an "as-is" and "as-available" basis. To the maximum extent permitted by applicable law and subject to any non-excludable rights and remedies you may have under applicable law, Interstice.cloud, its licensors, and its suppliers, expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Interstice.cloud does not warrant that your use of the Service will be uninterrupted or error-free. Interstice.cloud does not warrant that it will review your data for accuracy or that it will preserve or maintain your data without loss. You understand that use of the Service necessarily involves transmission of your data over networks that Interstice.cloud does not own, operate, or control, and that Interstice.cloud is not responsible for any of your data lost, altered, intercepted or stored across such networks. Interstice.cloud will not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside Interstice.cloud's reasonable control.
6. Limitation of Liability
To the maximum extent permitted by applicable law, Interstice.cloud, its licensors, and its suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; or (c) unauthorized access, use, or alteration of your transmissions or content. In no event shall Interstice.cloud's aggregate liability for all claims relating to the Service exceed the the amount you paid Interstice.cloud, if any, in the last 12 months.
7. Termination
a)Term
These Terms shall take effect the first time you access the Service and shall continue in full force and effect until your account is deleted or terminated.
b)Violations
If Interstice.cloud, at our reasonable discretion, determine that you or your use of the Service violate these Terms, Interstice.cloud may suspend your access to the Service or terminate and delete your account.
c)Termination by You
You may terminate your account at any time via the account settings on the website (http://www.interstice.cloud).
c)Effect of Termination
Upon termination of your account, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Intellectual Property
a)Rights to the Service
Except as expressly set out in these Terms, all intellectual property rights in and to the Service and Licensed Content remain the sole property of Interstice.cloud and its licensors. Interstice.cloud owns all content, data, software, inventions, ideas and other technology and intellectual property that it develops in connection with the Service and its products.
b)Inputs and generated results
It is your responsibility to ensure that you have the necessary rights to all data you use as input. You retain ownership of all inputs you provide to the Service, and all generated results are considered to be derived from your input and are therefore also your property. Interstice.cloud does not claim ownership of any input or generated result.
9. Changes to these terms
Interstice.cloud reserves the right to change these Terms at any time. If we make changes, we will post the updated Terms on the website and update the "Last Updated" date above. We may also notify you by email or in other ways in our discretion. Your continued use of the Service after the date of the updated Terms constitutes your acceptance of the updated Terms.
10. Contact Us
Please send your feedback, comments, requests for technical support by email to support@interstice.cloud.
Cosmic Interstice UG (haftungsbeschränkt)
Paulusbergstr. 32a
68259 Mannheim
Germany