Terms of Service

1. Interpretation and Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

• Website refers to rolemantic.com, accessible from rolemantic.com
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to the entity operating rolemantic.com.
• Service refers to the Website.
• Account means a unique account created for You to access our Service or parts of our Service.
• Terms of Service (also referred to as "Terms") mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content provided by a third party that may be displayed, included, or made available by the Service.
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
• Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
• Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
• Feedback refers to any suggestions, ideas, or other information You provide to Us regarding the Service.
• Assets refers to any content, images, or other output generated using the Service.

2. Acceptance of Terms

These Terms of Service govern Your use of this Service and the agreement between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of these Terms, You may not access the Service.

You represent that You are at least 18 years of age. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Service and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

3. User Accounts

When You create an account with Us, You must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

4. Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

4.1 Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups
• Spam, machine-generated, or randomly-generated content that constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling
• Content containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment
• Content infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights
• Content impersonating any person or entity including the Company and its employees or representatives
• Content violating the privacy of any third person
• False information and features

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content.

As the Company cannot control all Content posted by users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of Your use of any Content.

5. Intellectual Property

5.1 Ownership of Assets

By using the Services, You grant to the Company, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute text and image prompts You input into the Services, or Assets produced by the Service at Your direction. This license survives termination of this Agreement by any party, for any reason.

Subject to the above license, You own all Assets You create with the Services. Please note that our Service is designed as an open community which allows others to use and remix Your images and prompts whenever they are posted in a public setting. By default, Your images are publicly viewable and remixable. If You purchase a private plan, You may bypass some of these public sharing defaults.

5.2 Non-Paid Members License Terms

If You are not a Paid Member (defined as a user who has purchased Dabloons at least once), We grant You a license to the Assets under the Creative Commons Noncommercial 4.0 Attribution International License. The full text is accessible at: https://creativecommons.org/licenses/by-nc/4.0/legalcode.

5.3 Corporate-User License Terms

If You are an employee or owner of a company with more than $1,000,000 USD a year in gross revenue, and You are using the Services to benefit Your employer or company, You must inform Us of this relationship.

5.4 Asset Privacy

Please be aware that any images or chatbots You make in a shared or open space such as a Discord chatroom are viewable by anyone in that chatroom, regardless of whether Private mode is engaged.

6. Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. If You are a copyright owner or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at legal@rolemantic.com and include in Your notice a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

7. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work
• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located
• Your address, telephone number, and email address
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf

You can contact our copyright agent via email at legal@rolemantic.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

8. Feedback

You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

9. Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

10. Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

11. Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

12. "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

13. Service Availability and Quality

We are constantly evolving the Services to improve them. The Services are subject to modification and change, including but not limited to the art style of Assets, the algorithms used to generate the Assets, and features available to users. No guarantees are made with respect to the Services' quality, stability, uptime, or reliability.

The Company reserves the right to suspend or ban Your access to the Services at any time and for any reason. You may not use the Services for competitive research, reverse engineer the Services or the Assets, or use automated tools to access, interact with, or generate Assets through the Services. Only one user may use the Services per registered account, and each user of the Services may only have one account.

We reserve the right to investigate complaints or reported violations of our Terms of Service and to take any action we deem appropriate, including but not limited to reporting suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary to such persons or entities.

14. Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Website may also be subject to other local, state, national, or international laws.

15. Disputes Resolution

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

16. Community Guidelines

Users of our Service are expected to:

• Be respectful of other users and staff
• Not create content that is disrespectful, aggressive, or abusive
• Not engage in harassment or promote violence of any kind
• Not create content involving minors in inappropriate contexts
• Not publicly repost others' creations without permission
• Consider the impact of their content when sharing outside our community

Violations of these guidelines may result in restriction or termination of access to our services. The Company reserves absolute discretion in enforcing these guidelines.

17. Prohibited Content

The following content is strictly prohibited on our Service:

• Content depicting bestiality, rape, or incest
• Obscene, filthy, or disgusting content
• Deepfakes (whether created with or without artificial intelligence)
• Animal cruelty or abuse in any form
• Child abuse imagery and child pornography
• Pornographic content depicting real people
• Content promoting hate, violence, discrimination, terrorism, harassment, or abuse
• Content promoting self-harm or suicide

Any materials that include hatred toward any social or ethnic group, calls for violence or oppression, racial or gender defamation, or content targeting a person or group based on disability, nationality, race, religion, sexual orientation, or skin color will not be permitted. Such materials will be removed, and the associated account may be suspended or terminated.

18. Severability and Waiver

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

19. Changes to These Terms

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

20. Contact Us

If you have any questions about these Terms of Service, You can contact us by email:legal@rolemantic.com