INTELLECTUAL PROPERTY POLICY

Last Updated: 11/21/2024

INTRODUCTION

1.1 Purpose

This Intellectual Property Policy ("Policy") is designed to protect the intellectual property rights of Algorithmic Labs, LLC and its platform PrintGen (collectively "we," "us," "our"), our users, and third parties. This Policy applies to all users of our website, mobile application, and services (collectively, the "Platform").

1.2 Acceptance

By accessing or using our Platform, you agree to comply with this Policy. If you do not agree to this Policy, you must not access or use our Platform.

1.3 Relationship to Terms of Service

This Policy is incorporated by reference into our Terms of Service. In the event of any conflict between this Policy and the Terms of Service, the Terms of Service shall prevail.

1.4 Updates

We reserve the right to modify this Policy at any time. We will provide notice of any material changes by posting the updated Policy on this page with a new "Last Updated" date. Your continued use of the Platform following the posting of any changes constitutes your acceptance of such changes.

DEFINITIONS

2.1 "Intellectual Property"

Includes, but is not limited to, copyrights, patents, trademarks, trade secrets, design rights, and other proprietary rights recognized by law.

2.2 "User-Generated Content"

Refers to any content uploaded, shared, or created by users on our Platform, including but not limited to text, images, designs, and other materials.

2.3 "AI-Generated Designs"

Refers to any designs created using our AI design tool.

2.4 "AI Inputs"

Refers to any text, images, or other inputs provided by users to the AI design tool for the purpose of generating AI-Generated Designs.

2.5 "Platform Content"

Refers to all content provided by Algorithmic Labs, LLC on the Platform, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software.

2.6 "Merchant"

Means a user who uses the Platform to sell products featuring their own designs or AI-Generated Designs.

2.7 "Product"

Refers to any physical item that can be customized and ordered through the Platform.

OWNERSHIP OF INTELLECTUAL PROPERTY

3.1 Platform Intellectual Property

All Intellectual Property in the Platform, including but not limited to the software, user interface, graphics, logos, and AI design tool, is owned by or licensed to Algorithmic Labs, LLC. Nothing in this Policy or the Terms of Service shall be construed as conferring any license or right, by implication, estoppel, or otherwise, under copyright or other intellectual property rights.

3.2 User-Generated Content

Users retain ownership of the Intellectual Property rights in their User-Generated Content, subject to the license granted to us in Section 4 of this Policy and Section 5.2 of the Terms of Service. By submitting User-Generated Content, you represent and warrant that you have all necessary rights to grant this license and that your User-Generated Content does not infringe on any third-party Intellectual Property rights.

3.3 AI-Generated Designs

The ownership and usage rights of AI-Generated Designs are subject to the following:

  • Platform Ownership: The underlying AI technology and algorithms remain the sole property of Algorithmic Labs, LLC.
  • User License: Users are granted a license to use AI-Generated Designs as specified in Section 5 of this Policy and Section 5.3 of the Terms of Service.
  • Platform Rights: Algorithmic Labs, LLC retains the right to use, store, and display AI-Generated Designs for purposes including, but not limited to, improving our services and marketing.
  • No Ownership Claims: Users may not claim copyright or trademark rights in AI-Generated Designs.
  • Competition Restriction: Users may not use AI-Generated Designs to create products or services that compete directly with PrintGen.
  • No Redistribution: Users may not sell or distribute AI-Generated Designs as standalone digital assets.
  • Trademark Compliance: Users are strictly prohibited from using the AI design tool to generate designs that incorporate or imitate third-party trademarks, logos, brand names, or other protected brand elements without explicit authorization from the trademark owner. This includes but is not limited to:
    • Direct reproduction of trademarks or logos
    • Creation of designs that mimic or suggest association with protected brands
    • Use of brand names, slogans, or distinctive trade dress
    • Generation of designs that could cause consumer confusion about product origin

3.4 AI Inputs

As specified in Section 3.6 of the Terms of Service, users renounce and waive any and all intellectual property rights in AI Inputs. Users grant Algorithmic Labs, LLC a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, store, modify, and adapt the AI Inputs for the purposes of generating AI-Generated Designs, improving and training our AI design tool, and providing, improving, and promoting our services.

3.5 Platform Content

All Platform Content is the property of Algorithmic Labs, LLC or its content suppliers and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Users may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of the Platform Content except as expressly authorized by Algorithmic Labs, LLC.

LICENSE GRANT FOR USER-GENERATED CONTENT

4.1 License to Algorithmic Labs, LLC

By uploading or sharing User-Generated Content on our Platform, you grant Algorithmic Labs, LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User-Generated Content in connection with the Platform and Algorithmic Labs, LLC's business operations.

4.2 Scope of License

This license includes the right to:

  • Use your User-Generated Content to promote or advertise the Platform
  • Make your User-Generated Content available to other users of the Platform
  • Modify or edit your User-Generated Content for operational or formatting purposes
  • Use your User-Generated Content in the development and improvement of our AI design tool

4.3 Duration of License

This license continues even if you stop using our Platform, but only to the extent that Algorithmic Labs, LLC has an ongoing right to use the User-Generated Content as incorporated into the Platform or AI design tool.

4.4 Moral Rights

If moral rights apply to your User-Generated Content, you waive those moral rights to the extent permitted by applicable law and promise not to assert any moral rights against us or our sublicensees.

4.5 Representations and Warranties

You represent and warrant that:

  • You own or have obtained all necessary rights, licenses, consents, permissions, power, and authority to grant the rights granted herein for any User-Generated Content that you submit
  • Your User-Generated Content does not infringe or violate any third party's copyrights, trademarks, or other intellectual property rights, or rights of publicity or privacy
  • Your User-Generated Content complies with these Terms and all applicable laws and regulations

LICENSE FOR AI-GENERATED DESIGNS

5.1 Grant of License

When you create an AI-Generated Design using our Platform, we grant you a non-exclusive, worldwide, royalty-free license to use the design for personal or non-commercial purposes only.

5.2 Scope of License

This license permits you to:

  • Use the AI-Generated Design on physical products created through our Platform
  • Display the AI-Generated Design in your personal portfolio or on personal social media accounts, with proper attribution to PrintGen and Algorithmic Labs, LLC.

5.3 Restrictions

This license does not permit you to:

  • Sell, license, or distribute the AI-Generated Design as a standalone digital asset
  • Use the AI-Generated Design to create products or services that compete directly with PrintGen
  • Claim copyright or trademark rights in the AI-Generated Design
  • Remove or alter any watermarks or attribution notices included with the AI-Generated Design

5.4 Commercial Use

Any commercial use of AI-Generated Designs requires explicit written permission from Algorithmic Labs, LLC. To request permission for commercial use, please contact us at contact@printgen.ai.

5.5 Termination of License

Algorithmic Labs, LLC reserves the right to terminate this license at any time if you are found to be in violation of this Policy or the Terms of Service.

5.6 No Warranty

AI-Generated Designs are provided "as is" without warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted access, or products provided through or in connection with the AI design tool, including without limitation the results obtained through the AI design tool. Algorithmic Labs, LLC does not warrant that AI-Generated Designs will be free of viruses or other harmful components.

5.7 Trademark Compliance for AI-Generated Designs

Algorithmic Labs, LLC reserves the right to:

  • Monitor and screen AI design requests for potential trademark violations
  • Reject or terminate any AI design generation that appears to violate trademark rights
  • Implement automated filters to prevent generation of designs incorporating known trademarks
  • Suspend or terminate accounts that attempt to generate trademark-infringing designs
  • Cooperate with trademark owners in preventing and addressing infringement
  • Remove any products featuring AI-generated designs that violate trademark rights

TRADE SECRETS

6.1 Definition

Trade secrets include, but are not limited to, our AI algorithms, business strategies, customer lists, financial information, and other confidential information that derives independent economic value from not being generally known.

6.2 Protection

Users agree not to misappropriate or attempt to reverse-engineer our trade secrets. This includes not attempting to derive the underlying AI algorithms or training data used in our AI design tool.

6.3 Confidentiality

Users agree to maintain the confidentiality of any trade secrets or confidential information they may inadvertently access through the Platform.

INTELLECTUAL PROPERTY INFRINGEMENT

7.1 Reporting Infringement

If you believe that your Intellectual Property rights have been infringed on our Platform, please submit a written notice to contact@printgen.ai with the following information:

  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the allegedly infringing material
  • Your contact information
  • A statement of your good faith belief that the use is not authorized
  • A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner

7.2 Counter-Notice

If you believe your content was wrongly removed due to a mistake or misidentification, you may submit a counter-notice to contact@printgen.ai with the following information:

  • Identification of the material that has been removed
  • Your contact information
  • A statement, under penalty of perjury, that you have a good faith belief that the material was removed as a result of mistake or misidentification
  • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located

7.3 Repeat Infringers

We have a policy of terminating the accounts of users who repeatedly infringe upon the Intellectual Property rights of others. We determine, in our sole discretion, whether a user is a repeat infringer.

7.4 Good Faith Belief

We reserve the right to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. Our response to notices of alleged copyright infringement may include removing or disabling access to material claimed to be the subject of infringing activity.

7.5 Trademark-Specific Infringement

For trademark-related infringement claims involving AI-Generated Designs, please provide:

  • Proof of trademark ownership or authorization
  • Specific identification of the AI-Generated Design(s) alleged to infringe
  • Explanation of how the design(s) violate trademark rights
  • Documentation of any registered trademarks
  • Contact information for trademark owner or authorized representative

Algorithmic Labs, LLC will expedite review of trademark claims involving AI-Generated Designs and may implement preventive measures to avoid similar violations.

DMCA COMPLIANCE

8.1 DMCA Agent

PrintGen complies with the Digital Millennium Copyright Act (DMCA). We will respond expeditiously to claims of copyright infringement committed using our Platform if such claims are reported to our Designated Copyright Agent identified in this section.

8.2 DMCA Agent Contact Information

Name of Agent: Algorithmic Labs, LLC
Address: 169 Madison Ave, STE 11762, New York, NY, 10016 US
Email: contact@printgen.ai

8.3 DMCA Takedown Procedure

Upon receiving a compliant DMCA notice, our policy is to:

  • Remove or disable access to the infringing material
  • Notify the content provider, member, or user that we have removed or disabled access to the material
  • Terminate repeat infringers' access to the Platform

8.4 DMCA Counter-Notification Procedure

If we receive a counter-notification, we may send a copy of the counter-notice to the original complaining party informing them that we may replace the removed material or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed material may be replaced or access to it restored in ten (10) to fourteen (14) business days after receipt of the counter-notice.

USER RESPONSIBILITIES

9.1 Compliance

Users are responsible for ensuring that their use of the Platform, including the creation and use of AI-Generated Designs, complies with all applicable intellectual property laws.

9.2 Third-Party Permissions

Users are responsible for obtaining any necessary permissions or licenses from third parties for any content they use in conjunction with our Platform or AI-Generated Designs.

9.3 Indemnification

Users agree to indemnify and hold Algorithmic Labs, LLC harmless from any claims resulting from their use of the Platform or any infringement of intellectual property rights resulting from their use of the Platform.

INTERNATIONAL INTELLECTUAL PROPERTY RIGHTS

10.1 Territorial Scope

The Intellectual Property rights described in this Policy are enforceable to the full extent of applicable law in all countries where Algorithmic Labs, LLC operates or where its Platform is accessible.

10.2 Compliance with Local Laws

Users are responsible for complying with all local intellectual property laws when using the Platform.

10.3 International Treaties

This Policy shall be interpreted in a manner consistent with applicable international intellectual property treaties and conventions.

CHANGES TO INTELLECTUAL PROPERTY POLICY

11.1 Updates

We reserve the right to modify this Intellectual Property Policy at any time. We will provide notice of any material changes by posting the updated Policy on this page with a new "Last Updated" date.

11.2 Continued Use

Your continued use of the Platform following the posting of any changes to this Policy constitutes your acceptance of those changes.

11.3 Review

We encourage you to review this Policy periodically to stay informed about our intellectual property practices.

CONSEQUENCES OF POLICY VIOLATION

12.1 Suspension or Termination

Violation of this Intellectual Property Policy may result in the suspension or termination of your account and access to the Platform.

12.2 Content Removal

We reserve the right to remove any content that violates this Policy without prior notice.

12.3 Legal Action

Algorithmic Labs, LLC reserves the right to take legal action against users who repeatedly or egregiously violate this Policy.

CONTACT INFORMATION

13.1 Inquiries

For any questions about this Intellectual Property Policy, please contact us at contact@printgen.ai.

13.2 Reporting Violations

To report violations of this Policy, please contact us at contact@printgen.ai.

13.3 Permissions and Licensing

For inquiries about permissions or licensing of Algorithmic Labs, LLC's intellectual property, please contact us at contact@printgen.ai.

By using our Platform, you acknowledge that you have read and understood this Intellectual Property Policy and agree to be bound by its terms. This Policy works in conjunction with our Terms of Service and other platform policies to protect the intellectual property rights of all parties involved in our ecosystem.