Terms of Service - Archetype

Hello and welcome! These Terms of Service constitute an agreement between you and Archetype Inc. They concern the website available at Archetype (the "Website") and the Archetype mobile application (the "App"). In these Terms we will sometimes refer to Archetype Inc. as "Archetype", "Company", "we" or "us". We will refer to our website and our app, together with any content, tools, features and functionality offered on or through them as the "Services".

These Terms govern your access to and use of the Services. Please read these terms carefully as they contain important information about your legal rights. By accessing or using the Services, you agree to these Terms. If you do not understand or do not agree to these Terms, please do not use the Services.

In these Terms, "you" and "your" refer to you as a user of the Services. If you use the Services on behalf of a company or other entity, the term "you" includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms and (b) you agree to these Terms on behalf of the entity.

NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.

By accepting these Terms, you agree to resolve all disputes with us through binding individual arbitration. This means that you also waive any right to have such disputes resolved by a judge or jury and waive the right to participate in class actions, class arbitrations or representative actions. You have the right to opt out of arbitration as explained below in the section entitled "Dispute Resolution by Binding Arbitration".

Use of Services

Your Registration Obligations

When you register to use the Services, you agree to provide accurate and complete information about yourself. If you are under 13 OR if you are under 16 and are a citizen or resident of the European Economic Area (EEA) or the United Kingdom (UK), do not register for the Services as you are not authorized to use them.

User Account, Password and Security

You are responsible for safeguarding the confidentiality of your password and account and for all activities that occur using your password or account. You agree to immediately notify Archetype of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session of accessing the Services. Archetype will not be liable for any loss or damage arising from your failure to comply with this paragraph.

General Practices Regarding Use and Storage

You acknowledge that Archetype may establish general practices and limits concerning use of the Services. These may include, without limitation, the maximum period of time that data or other content will be retained by the Services and the maximum storage capacity that will be allocated on Archetype's servers on your behalf. You agree that Archetype has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that Archetype reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Archetype reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Email Notifications

You consent to receive notifications from us electronically at the email address you provided to us. These notifications may concern your account, changes to our service or other updates or marketing related to our service.

Conditions of Use

User Conduct

In addition to agreeing to comply with our Community Guidelines, incorporated herein, you agree to comply with the following conditions in using the Services.

You are solely responsible for all content that you submit to the Services. (When we say "content you submit" and similar terms, we mean anything you seek to post, transmit or share, including, but not limited to, text, images, sounds, video, graphics, information or other data.) Your use of the Services may be subject to licenses and usage restrictions set forth in the CreativeML OpenRAIL M license. You agree not to submit any content that:

(i) infringes any intellectual property or other proprietary rights of any party;
(ii) you do not have the right to submit;
(iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) poses a privacy or security risk to any person;
(v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail", "spam", "chain letters", "pyramid schemes", "contests", "sweepstakes" or any other form of solicitation;
(vi) is threatening, abusive, harassing, tortious or intimidating;
(vii) is excessively violent or depicts in a realistic and detailed manner serious violence against a person or animal;
(viii) is defamatory, libelous or verifiably false with the purpose of harming others;
(ix) constitutes hate speech that demeans or promotes discrimination or violence on the basis of race, ethnicity, gender, religion, age or other social, physical or mental characteristics;
(x) is obscene or pornographic;
(xi) constitutes sexual harassment;
(xii) constitutes sexual exploitation or abuse of minors, including sharing images or content of sexual exploitation or abuse, grooming or sexual extortion of minors;
(xiii) glorifies or provides instructions for self-harm, including self-injurious behavior, suicide or eating disorders, including extreme fitness content and/or body shaming;
(xiv) promotes terrorism or violent extremism;
(xv) furthers or promotes criminal activity;
(xvi) constitutes an attempt to buy or sell illegal drugs;
(xvii) facilitates fully automated decision-making that adversely affects a person's legal rights or creates a binding and enforceable obligation;
(xviii) intends to provide medical, legal, financial or tax advice;
(xix) interferes with or disrupts the Services or servers or networks connected to the Services;
(xx) interferes with any person's right of publicity or appropriates their right of publicity by using their name, image or persona (a) without permission and (b) outside of a permitted context, such as non-commercial parodies or public commentary; or
(xxi) in the sole judgment of Archetype, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose Archetype or its users to any harm or liability of any type.

You further agree not to do any of the following in connection with your use of the Services:

(i) disobey any requirement, procedure, policy or regulation of networks connected to the Services;
(ii) violate any applicable law or regulation;
(iii) impersonate any person or entity, or misrepresent your affiliation with a person or entity;
(iv) solicit personal information from anyone under the age of 18;
(v) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(vi) obtain or attempt to obtain any information through any means not intentionally made available or provided for through the Services;
(vii) rent, lease, loan, sell or sublicense any part of the Services;
(viii) attempt to circumvent any technological measure designed to protect the Services or any technology associated with the Services; or
(ix) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to any source code of the Services, in whole or in part (unless a portion of code within the Services is released as open source and the open source license governing such code expressly permits reverse engineering, copying or other modifications).

To the extent Archetype chooses to support voice, audio or video features, you agree not to do any of the following in connection with your use of the Services:

(i) submit recordings of real people (including, but not limited to, celebrities) without their consent;
(ii) use any Archetype feature to create or engage in "deepfakes" or impersonate any real person, including, but not limited to, those that create political disinformation, perpetrate fraud or scams, impugn the reputation of third parties or otherwise constitute harmful conduct; or
(iii) submit recordings that violate any of the "User Conduct" rules set forth above.

Content Moderation

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates the provisions above. Such action may include, without limitation, limiting the visibility of content, suspending or removing content from the Services, suspending or terminating your account and reporting you to law enforcement authorities.

We use automated and manual measures to identify potentially illegal activities (such as terrorist content and child sexual exploitation and abuse), non-compliant content and/or content that does not respect these Terms of Service and/or our Community Guidelines.

Intellectual Property Rights

Content You Submit

When you submit content to the Services, you represent and warrant that you own all right, title and interest in and to such content (including, without limitation, all copyrights and rights of publicity) or that you have received all necessary permissions, clearances and authorizations to submit it to the Services for the uses contemplated in these Terms.

When you submit such content, you retain those ownership rights in it that you initially had. You grant Archetype, to the maximum extent permitted by law, a non-exclusive, worldwide, royalty-free, fully paid, transferable, sublicensable, perpetual and irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, modify, exploit, commercialize and otherwise use the content for any purpose related to Archetype in any form, medium or technology now known or later developed, including, without limitation, operating, improving and providing the Services. You agree that such rights and licenses include the right for Archetype to allow other users of the Services to create content that "remixes", or otherwise uses portions of the content submitted by you. You agree that such rights and licenses also include the right for Archetype to make the content available to and transfer such rights to others with whom we have contractual relationships, and to otherwise permit access to or disclose the content to third parties if we believe such access is or may be necessary or appropriate.

Generated Content

When you create an automated AI character ("Character") using the Services in accordance with these Terms, as between you and Archetype, you own all rights in that Character. When you generate content of any kind using the Services – for example, responses from your Character or other Characters, other dialogue, images or video (collectively "Generated Content") – as between you and Archetype, you own such Generated Content. In both cases, you grant Archetype, to the maximum extent permitted by law, a non-exclusive, worldwide, royalty-free, fully paid, transferable, sublicensable, perpetual and irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, access, modify, exploit, commercialize and otherwise use the Character and all Generated Content for any purpose in any form, medium or technology now known or later developed, including, but not limited to, (i) facilitating the ability of other users to interact with the Character and obtain Generated Content; (ii) promoting the Services within or outside the service; and (iii) taking all actions described above in the section entitled "Content You Submit".

Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARCHETYPE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ARCHETYPE DOES NOT WARRANT THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT ARCHETYPE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ARCHETYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) YOUR ACCESS, USE, CREATION OR INTERACTION WITH ANY CONTENT, CHARACTER OR GENERATED CONTENT; (III) YOUR SHARING WITH THIRD PARTIES OF ANY CONTENT, CHARACTER OR GENERATED CONTENT; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING USERS) ON THE SERVICES; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL ARCHETYPE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF: (I) $100; OR (II) THE AMOUNT PAID BY YOU TO ARCHETYPE (IF ANY) IN CONNECTION WITH THE USE OF THE SERVICES.

Contact Us

If you have any questions about our Services or to report any violations of these Terms, please contact us at support@archetype.com.