TERMS AND CONDITIONS
Last Updated: 11/21/2024
Welcome to PrintGen (the "Platform"), which is owned and operated by Algorithmic Labs, LLC ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website and services (collectively, the "Platform"). By accessing or using our Platform, you agree to be bound by these Terms and enter into a legally binding agreement with Algorithmic Labs, LLC. If you do not agree to these Terms, do not access or use our Platform.
DEFINITIONS
For the purposes of these Terms and Conditions, the following terms shall have the meanings defined below:
1.1 "Platform" refers to the PrintGen website, mobile application, and all associated services, collectively.
1.2 "User" means any individual or entity that accesses or uses the Platform, whether or not they have registered for an account.
1.3 "Account" refers to a registered user profile on the Platform.
1.4 "AI Tool" means the artificial intelligence-powered design generation tool provided on the Platform.
1.5 "AI-Generated Design" refers to any design created using the AI Tool.
1.6 "Design Token" means a unit of currency used on the Platform to generate designs using the AI Tool after the free attempts have been exhausted.
1.7 "Content" includes, but is not limited to, text, graphics, images, music, software, audio, video, designs, and information or other materials that are posted, generated, provided or otherwise made available through the Platform.
1.8 "User-Generated Content" means any Content that a User posts, uploads, shares, stores, or otherwise provides through the Platform.
1.9 "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
1.10 "Product" refers to any physical item that can be customized and ordered through the Platform.
1.11 "Order" means a request placed by a User to purchase one or more Products through the Platform.
1.12 "Third-Party Provider" refers to any external service provider that we partner with to fulfill Orders, process payments, or provide other services related to the Platform.
1.13 "Terms" means these Terms and Conditions, including any future modifications.
1.14 "Privacy Policy" refers to our policy regarding the collection, use, and disclosure of personal information, which is incorporated by reference into these Terms.
1.15 "Dispute" means any claim, controversy, or dispute between you and Algorithmic Labs, LLC, including any claims relating to the Platform, these Terms, or our Privacy Policy.
1.16 "DMCA" refers to the Digital Millennium Copyright Act.
1.17 "Merchant" means a User who uses the Platform to sell Products featuring their own designs or AI-Generated Designs.
1.18 "Commercial Use" refers to any use of the Platform or its Content for the purpose of monetary gain or business advantage.
1.19 "Personal Information" means information that can be used to identify you, as defined in our Privacy Policy.
PLATFORM OVERVIEW AND SERVICES
2.1 Custom Product Design and Sales
Our Platform allows you to create custom designs for on-demand printed products using our integrated AI image generation tool and purchase those customized products.
2.2 AI Design Tool
Our Platform offers an AI image generation tool ("AI Tool") that creates designs for products using machine learning algorithms. Every visitor to our Platform may be granted free design attempts with the AI Tool. These free attempts:
- Are available to all users, whether or not they have created an account
- Are tracked using browser cookies and/or IP addresses
- Do not expire but cannot be replenished once used
- Cannot be transferred between users or devices
Attempting to circumvent this limit by clearing cookies, using multiple devices, or any other means is strictly prohibited and may result in being banned from using the Platform.
After exhausting the free attempts, users must create an account and purchase design tokens to continue using the AI Tool. Design tokens are subject to the terms outlined in Section 2.3.
2.3 Token System
Design tokens may be purchased individually through our Platform. Tokens have the following terms and conditions:
- Each token is valid for one (1) year from the date of purchase
- Tokens can only be used for generating designs using the AI Tool
- Tokens have no cash value and cannot be exchanged for cash or store credit
- Tokens are non-transferable between users or accounts
- Tokens cannot be applied as a discount or credit toward product purchases
- Expired tokens cannot be renewed, refunded, or extended
- Unused tokens will expire after their validity period, regardless of whether they have been used
2.4 Third-Party Fulfillment
We partner with third-party providers to manufacture and fulfill orders for customized products. By placing an order, you acknowledge that your order may be fulfilled by such third-party providers. We are not responsible for any actions or omissions of these third-party providers.
2.5 Product Customization
Our Platform offers various customization options for products. While we strive to accurately represent colors and designs, the final product may vary slightly from what is displayed on your screen due to differences in device displays and printing processes.
USE OF THE PLATFORM AND AI TOOL
3.1 Eligibility
You must be at least 18 years old to use our Platform. By using the Platform, you represent and warrant that you meet this requirement and have the legal capacity to enter into these Terms.
3.2 Account Creation
To access certain features of the Platform, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
3.3 Prohibited Conduct
You agree not to:
- Use the Platform for any illegal or unauthorized purpose
- Violate any laws in your jurisdiction (including copyright laws)
- Interfere with or disrupt the integrity or performance of the Platform
- Attempt to gain unauthorized access to the Platform or its related systems or networks
- Use the Platform in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Platform
- Engage in any activity that could disable, overburden, or impair the proper working of the Platform
- Use any robot, spider, or other automatic device to access the Platform
- Introduce any viruses, trojan horses, worms, or other malicious code to the Platform
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
- Collect or store personal data about other users without their express permission
- Use the AI Tool to create designs that are offensive, obscene, or violate any third-party rights
- Attempt to use the AI Tool to generate content that is racist, sexist, homophobic, transphobic, or discriminatory in any way against protected classes
- Use the AI Tool to create designs promoting hate speech, extremism, or terrorist activities
- Attempt to generate designs depicting graphic violence, gore, or extreme cruelty
- Use the AI Tool to create designs involving the exploitation or sexualization of minors
- Attempt to generate designs that infringe on trademarks, copyrights, or other intellectual property rights
- Use the AI Tool to create designs promoting illegal activities, including but not limited to drug use, human trafficking, or weapon manufacturing
- Attempt to bypass or manipulate any content filters or safeguards implemented in the AI Tool
- Use the AI Tool to generate designs that spread misinformation, propaganda, or conspiracy theories
- Repeatedly attempt to generate prohibited content after receiving warnings or temporary suspensions
- Share, sell, or distribute AI-generated designs that violate these terms, even if they were successfully generated due to a system error
3.4 AI-Generated Design Limitations
You acknowledge and agree that:
- You may not claim copyright or trademark rights in AI-Generated Designs
- You may not use AI-Generated Designs to create products or services that compete directly with the Platform
- You may not sell or distribute AI-Generated Designs as standalone digital assets
- You may only use AI-Generated Designs in compliance with these Terms
- We retain the right to use, store, and display AI-Generated Designs for purposes including, but not limited to, improving our services and marketing
3.5 Fair Usage
We reserve the right to monitor and limit usage of the AI Tool to ensure fair access for all users. Excessive or abusive use may result in temporary or permanent restrictions on your account.
3.6 Renunciation of Rights to AI Tool Inputs
By using our AI design tool, you acknowledge and agree that:
- Any text, images, or other inputs you provide to the AI tool ("AI Inputs") are used solely for the purpose of generating AI-Generated Designs
- You hereby renounce and waive any and all intellectual property rights, including but not limited to copyrights, trademark rights, and moral rights, that you may have in the AI Inputs
- You 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
- Providing, improving, and promoting our Services
- You understand and agree that while you may have rights in the resulting AI-Generated Designs as outlined in this Agreement, you retain no rights or control over the AI Inputs once submitted to our AI tool
- This renunciation of rights does not affect your ownership or license to use the AI-Generated Designs as specified elsewhere in this Agreement
- You represent and warrant that you have the legal right to grant this renunciation and license for any AI Inputs you provide
3.7 Prohibited Access and Usage
a) Bot and API Access: Any automated access to the Platform, including but not limited to bots, scrapers, or API usage without explicit written permission from Algorithmic Labs, LLC, is strictly prohibited. This includes any attempts to automatically generate designs, place orders, or interact with any part of our Platform in an automated manner.
b) Reverse Engineering: Any attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code, object code, or underlying structure, ideas, or algorithms of the Platform or any of its components is strictly prohibited. This includes, but is not limited to, attempts to reconstruct or download 3D models, AI-generated designs, or any other content from our website without explicit permission.
c) Content Protection: All content on the Platform, including but not limited to 3D models, designs, images, and text, is protected by copyright and other intellectual property laws. Any attempt to download, copy, or extract this content through unauthorized means is strictly prohibited and may result in legal action.
d) Penalties for Violation: Violation of these prohibitions may result in immediate termination of your account, denial of access to the Platform, and potential legal action. Algorithmic Labs, LLC reserves the right to seek monetary damages and equitable relief for any violations.
3.8 Geographic Restrictions
The Platform is intended for use only within the United States of America. By using the Platform, you represent and warrant that you are accessing the Platform from within the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries outside the United States. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
ORDERS, PAYMENTS, AND REFUNDS
4.1 Ordering
By placing an order through our Platform, you are making an offer to purchase the product(s) described in your order. All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order for any reason at any time. Currently, we only accept orders for delivery within the United States.
4.2 Pricing and Payment
All prices are listed in U.S. dollars and are subject to change at any time. You agree to pay all charges at the prices in effect when you place your order, including all applicable taxes and shipping fees. We use third-party payment processors to handle payments. By providing your payment information, you authorize us and our payment processors to charge your chosen payment method.
4.3 Limited Returns and Refunds
Due to the custom nature of our products, we generally do not accept returns or provide refunds. However, if you receive a product that is defective or damaged upon delivery, please contact our customer support at contact@printgen.ai within seven (7) days of receiving your order. You will be required to provide photographic evidence of the defect or damage. Upon verification, we will, at our discretion, either replace the defective product at no additional cost to you or provide a full refund of the purchase price. Shipping costs for returns of defective or damaged products will be covered by Algorithmic Labs, LLC.
4.4 Token Purchases
Design tokens purchased are non-refundable. Tokens expire 1 year from the date of purchase and can only be used for design generation. Tokens cannot be applied as a discount to product purchases. Once expired, tokens cannot be renewed, refunded, or extended.
4.5 Order Cancellation and Modifications
Once an order has been placed and processing has begun, it cannot be canceled or modified. If you need to make changes to your order, please contact our customer support immediately, and we will try to accommodate your request if production has not yet started.
INTELLECTUAL PROPERTY AND USER CONTENT
5.1 Our Intellectual Property
The Platform, including its content, features, and functionality, is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use our trademarks, logos, or other proprietary graphics without our express written permission.
5.2 User Content
By submitting any User-Generated Content to our Platform, you grant us 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 our business operations. 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.
5.3 AI-Generated Designs
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. This license does not permit you to sell, license, or distribute the AI-Generated Design as a standalone digital asset. You may use the AI-Generated Design on physical products created through our Platform, but you may not use it to create products or services that compete directly with Algorithmic Labs, LLC. Any commercial use of AI-Generated Designs requires explicit written permission from Algorithmic Labs, LLC.
5.4 Geographic Limitations on Intellectual Property Rights
The intellectual property rights granted under these Terms are limited to use within the United States. Any use of AI-Generated Designs or other Platform content outside the United States is not covered by the licenses granted herein and may constitute a violation of these Terms.
5.5 DMCA Compliance
We comply with the Digital Millennium Copyright Act (DMCA). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please contact our Designated Copyright Agent:
Algorithmic Labs, LLC
Attn: Legal Department
169 Madison Ave
STE 11762
New York, NY, 10016 US
Email: contact@printgen.ai
5.6 Repeat Infringers
We have a policy of terminating the accounts of users who repeatedly infringe upon the Intellectual Property rights of others.
5.7 Platform Content Protection
All content available on the Platform, including but not limited to 3D models, designs, images, text, and any other digital assets, is protected by copyright and other intellectual property laws. Users are granted limited rights to view and use this content solely within the confines of the Platform and in accordance with these Terms. Any attempt to extract, download, or reproduce this content through unauthorized means is a violation of these Terms and applicable laws.
PRIVACY AND DATA PROTECTION
6.1 Privacy Policy
Your use of the Platform is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy carefully to understand our data practices.
6.2 Data Collection and Use
We collect several types of information from and about users of our Platform, including:
- Personal Information (e.g., name, email address, billing information)
- Non-Personal Information (e.g., browser type, IP address, usage data)
- AI-Generated Designs
We use this information to provide, maintain, and improve our Platform, process transactions, communicate with you, and as further described in our Privacy Policy.
6.3 Cookies and Tracking Technologies
We use cookies and similar tracking technologies to enhance your experience on our Platform. These technologies allow us to collect information such as your browser type, pages visited, time spent on pages, and other usage data. For more information about our use of cookies and how to control them, please see our Cookie Policy.
6.4 Data Security
We implement reasonable security measures to protect your personal information. However, no method of transmission over the Internet or electronic storage is 100% secure. We cannot guarantee absolute security of your data.
6.5 Third-Party Services
Our Platform may contain links to third-party websites or services. We are not responsible for the privacy practices or content of these third-party sites. We encourage you to review the privacy policies of any third-party sites you visit.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
7.1 Disclaimer
THE PLATFORM AND ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.2 No Guarantees
We do not guarantee that:
- The Platform will meet your requirements
- The Platform will be uninterrupted, timely, secure, or error-free
- The results that may be obtained from the use of the Platform will be accurate or reliable
- Any errors in the Platform will be corrected
7.3 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE 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:
- Your use or inability to use the Platform
- Any unauthorized access to or use of our servers and/or any personal information stored therein
- Any interruption or cessation of transmission to or from the Platform
- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform
- Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Platform
NOTWITHSTANDING THE TERMS, IN NO EVENT SHALL WE BE HELD LIABLE, FOR ANY AMOUNTS IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). WE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
7.4 Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
7.5 Basis of the Bargain
You acknowledge and agree that we have offered our products and services and set our prices in reliance upon the warranty disclaimers and limitations of liability set forth herein, that these warranty disclaimers and limitations of liability reflect a reasonable and fair allocation of risk between you and us, and that these warranty disclaimers and limitations of liability form an essential basis of the bargain between you and us. We would not be able to provide the Platform to you on an economically reasonable basis without these limitations.
INDEMNIFICATION
8.1 Indemnification Obligation
You agree to indemnify, defend, and hold harmless Algorithmic Labs, LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages (actual and consequential), obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to the Platform
- Your violation of any term of these Terms
- Your violation of any third-party right, including without limitation any copyright, property, or privacy right
- Any claim that your User-Generated Content or use of the Platform caused damage to a third party
- Your violation of any applicable laws or regulations
8.2 Cooperation
You agree to cooperate with us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
DISPUTE RESOLUTION AND ARBITRATION
9.1 Applicability
This Dispute Resolution and Arbitration section applies to any dispute, claim, or controversy between you and Algorithmic Labs, LLC relating in any way to these Terms, our Privacy Policy, Cookie Policy, Intellectual Property Policy, or your use of the Platform, including the validity, enforceability, or scope of this Dispute Resolution and Arbitration section (collectively, "Disputes").
9.2 Informal Dispute Resolution
Before filing a claim against Algorithmic Labs, LLC, you agree to try to resolve the Dispute informally by contacting contact@printgen.ai. We'll try to resolve the Dispute informally by contacting you via email. If a dispute is not resolved within 30 days after submission, you or Algorithmic Labs, LLC may initiate arbitration proceedings.
9.3 Agreement to Arbitrate
You and Algorithmic Labs, LLC agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
9.4 Arbitration Procedures
The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules. The arbitration will be held in New York, unless you and Algorithmic Labs, LLC agree otherwise. The AAA rules will govern payment of all arbitration fees.
9.5 Arbitrator's Powers
The arbitrator shall have exclusive authority to resolve all Disputes, including, but not limited to, any claim that all or any part of these Terms are void or voidable, and any claim that an issue is not subject to arbitration.
9.6 Class Action Waiver
YOU AND ALGORITHMIC LABS, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Algorithmic Labs, LLC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
9.7 Exceptions to Agreement to Arbitrate
Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Platform, or intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
9.8 30-Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this section by sending written notice of your decision to opt-out tocontact@printgen.ai within 30 days after first becoming subject to this Arbitration Agreement. If you opt out of the arbitration provisions, any disputes that arose prior to opting out will continue to be governed by the arbitration provisions. The opt-out will only apply to future disputes that arise after the date of opt-out.
9.9 Changes to this Section
Algorithmic Labs, LLC will provide 30-days' notice of any changes to this section. Changes will become effective on the 30th day and will apply prospectively only to any claims arising after the 30th day.
GOVERNING LAW
10.1 Choice of Law
These Terms and any Dispute will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
10.2 Venue
For any Dispute not subject to arbitration, you and Algorithmic Labs, LLC agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Delaware, United States of America. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
10.3 Compliance with Local Laws
You are responsible for complying with all federal, state, and local laws within the United States that apply to your use of the Platform.
CHANGES TO TERMS
11.1 Modifications
We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on this page with a new "Last Updated" date.
11.2 Notification
For significant changes to these Terms, we will make reasonable efforts to notify you, such as through a prominent notice on our Platform or by sending you an email to the address associated with your account. We will provide at least 30 days' notice before any new terms take effect.
11.3 Acceptance
Your continued use of the Platform following the 30-day notice period constitutes your acceptance of such changes. If you do not agree to the modified terms, you must discontinue using the Platform before the new terms take effect. If you continue to use the Platform after the new terms take effect, you will be bound by the modified terms.
11.4 Regular Review
We encourage you to review these Terms regularly to stay informed about our policies and practices.
TERMINATION
12.1 Termination by Us
We reserve the right to terminate or suspend your account and access to the Platform at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Platform, us, or third parties, or for any other reason. This includes, but is not limited to, attempts to access the Platform through unauthorized means, reverse engineering attempts, or any other violations of the prohibitions outlined in these Terms.
12.2 Termination by You
You may terminate your account at any time by contacting us at contact@printgen.ai and requesting account deletion.
12.3 Effect of Termination
Upon termination of your account:
- Your right to use the Platform will immediately cease
- We may delete or archive your User-Generated Content and account information
- You will not be entitled to any refunds for any unused credits or pre-paid fees
- Any outstanding payments or fees owed by you will become immediately due
12.4 Survival
All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
EXPORT CONTROL AND INTERNATIONAL USE
13.1 Export Laws
The Platform and its underlying information and technology may not be downloaded or otherwise exported or re-exported:
- Outside of the United States
- Into any country to which the United States has embargoed goods or has otherwise applied any economic sanctions
- To anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders
By using the Platform, you represent and warrant that you are located within the United States and are not under the control of, or a national or resident of any such country or on any such list.
13.2 International Access
We make no representation that the Platform is appropriate or available for use in locations outside the United States. Accessing the Platform from territories outside the United States is strictly prohibited. If you access the Platform from outside the United States, you do so in violation of these Terms and are solely responsible for any resulting legal consequences.
13.3 Language
The original English version of these Terms may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
ENTIRE AGREEMENT
14.1 Integration
These Terms, including our Privacy Policy, Cookie Policy, and Intellectual Property Policy, constitute the entire agreement between you and Algorithmic Labs, LLC regarding the use of the Platform, superseding any prior agreements between you and Algorithmic Labs, LLC relating to your use of the Platform.
14.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
14.3 No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Algorithmic Labs, LLC.
14.4 Section Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
ADDITIONAL PROVISIONS
15.1 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
15.2 Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Algorithmic Labs, LLC:
- Via email (in each case to the address that you provide)
- By posting to the Platform
For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
15.3 No Agency
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Algorithmic Labs, LLC in any respect whatsoever.
15.4 Force Majeure
We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
15.5 Feedback
Any feedback, comments, ideas, improvements, or suggestions provided by you to Algorithmic Labs, LLC with respect to the Platform shall remain the sole and exclusive property of Algorithmic Labs, LLC. Algorithmic Labs, LLC shall be free to use, copy, modify, publish, or redistribute the Feedback for any purpose and in any way without any credit or any compensation to you.
USER REPRESENTATIONS AND WARRANTIES
By using the Platform, you represent and warrant that:
- You have the legal capacity to enter into these Terms and to use the Platform in accordance with all applicable laws and regulations
- Any information you provide to us is true, accurate, current, and complete
- 16.3 You have all rights, permissions, licenses required to provide AI Inputs to the Platform
- Your use of the Platform does not violate any applicable law or regulation
- You will not use the Platform to infringe the intellectual property rights of others
- You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country
- You are not listed on any U.S. Government list of prohibited or restricted parties
- You will not attempt to access the Platform through unauthorized means, including but not limited to bots, scrapers, or unauthorized API usage
- You will not attempt to reverse engineer, decompile, or otherwise extract content, including 3D models, from the Platform
- AI-Generated Design may be similar to the AI-Generated Design received by other Users of the Platform and our assignment in Section 5.3 above does not extend to such other output by other Users
- User-Generated Content does not contain or install any viruses, worms, malware, trojan horses, or other harmful or destructive content
- AI-Generated Designs should be be evaluated for your appropriate use, which may include reviewing for accuracy and completeness, prior to relying on the AI-Generated Design(s) for your needs
- AI-Generated Designs regarding a person or group of people may not be used in a way that could have any legal or other material impact on such person or group, such as legal, employment, medical, or other such similar decisions
- AI-Generated Designs do not represent the views or opinions of Algorithmic Labs, LLC and any third-party references in the AI Inputs or the AI-Generated Designs should not be deemed to be an endorsement by or other affiliation with Algorithmic Labs, LLC
THIRD-PARTY LINKS AND CONTENT
17.1 Third-Party Links
The Platform may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for:
- The availability or accuracy of such websites or resources
- The content, products, or services on or available from such websites or resources
17.2 Third-Party Content
Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
17.3 Advertisements
Your business dealings or correspondence with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
ELECTRONIC COMMUNICATIONS
18.1 Consent to Electronic Communications
By using the Platform, you consent to receiving electronic communications from us. These communications may include notices about your account, transactional information, and other information concerning or related to the Platform.
18.2 Delivery of Communications
You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
18.3 Keeping Contact Information Updated
You agree to keep your contact information, including email address, current and to notify us promptly of any changes.
MISCELLANEOUS
19.1 Remedies
You acknowledge that your breach of these Terms may cause irreparable harm to Algorithmic Labs, LLC, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which Algorithmic Labs, LLC may be legally entitled, Algorithmic Labs, LLC shall have the right to seek immediate injunctive relief in the event of a breach of these Terms by you or any of your officers, employees, consultants, or other agents.
19.2 No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
19.3 Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19.4 Section Titles
The section titles in these Terms are for convenience only and have no legal or contractual effect.
19.5 No Waiver
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
CONTACT INFORMATION
20.1 Support
If you have any questions about these Terms or the Platform, please contact our support team atcontact@printgen.ai.
20.2 Legal Notices
Any legal notices should be sent to:
Algorithmic Labs, LLC
Attn: Legal Department
169 Madison Ave
STE 11762
New York, NY, 10016 US
20.3 Updating Contact Information
We may update our contact information from time to time. Please check these Terms periodically for any updates to our contact information.
ACKNOWLEDGEMENT
You acknowledge that you have read these Terms of Service, understand them, and agree to be bound by their terms and conditions. You further acknowledge that these Terms of Service, together with our Privacy Policy, Cookie Policy, and Intellectual Property Policy, represent the complete and exclusive statement of the agreement between us and supersede any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this agreement.
By using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, our Privacy Policy, Cookie Policy, and Intellectual Property Policy.