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Terms of Service

Enjoy creating personalized AI models with our token-based system while retaining ownership of your content. We ensure privacy, secure data use, and fair policies, empowering your creativity with cutting-edge AI tools in a safe, respectful community.
TheFluxTrain TheFluxTrain

Terms of Service for TheFluxTrain

Effective Date: Dec 5, 2024

Last Updated: Dec 5, 2024

Welcome to TheFluxTrain! These Terms of Service ("Terms") govern your access to and use of the services provided by TheFluxTrain, including its website, platform, APIs, tools, and related applications (collectively, the "Service"). By accessing or using the Service, you agree to comply with and be bound by these Terms. If you do not agree, you must refrain from using the Service.

1. Acceptance of Terms

1.1 Eligibility
To use TheFluxTrain, you must:

  • Be at least 18 years old (or the age of majority in your jurisdiction).
  • Have the legal capacity to enter into binding contracts.
  • Not be barred from using the Service under applicable laws.

1.2 Agreement
By using the Service, you affirm that you have read, understood, and agree to these Terms and our Privacy Policy. If you are using the Service on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

2. Services Provided

2.1 Core Services
TheFluxTrain offers tools to:

  • Fine-tune pre-trained AI models on user-provided datasets.
  • Generate images, virtual models, and other outputs using AI algorithms.
  • Edit outputs through inpainting and other image manipulation tools.
  • Manage workflows for custom AI model creation.

2.2 Service Modifications
We reserve the right to modify, suspend, or discontinue any part of the Service without prior notice. We are not liable for any changes to the Service or its availability.

2.3 Beta Features
Certain features may be offered as part of a beta release. These features are provided "as-is" and may be modified or discontinued without notice.

3. Account Registration and Responsibilities

3.1 Account Creation
To access certain features, you must create an account by providing accurate, current, and complete information.

3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and are liable for any activity under your account. Notify us immediately of unauthorized access or breaches.

3.3 Account Restrictions
You must not:

  • Share your account credentials with others.
  • Create multiple accounts for fraudulent purposes.
  • Use another user's account without permission.

Here is the updated Section 4: User Content and Data Usage, including details about ownership of generated content:

4. User Content and Data Usage

4.1 Ownership of User Content
You retain full ownership of all data, images, and other content ("User Content") you upload to the Service.

4.2 Ownership of Generated Content
TheFluxTrain provides tools for generating AI-based outputs (e.g., images, videos, models) using user-provided data. You retain full ownership of any content ("Generated Content") created using our Service. TheFluxTrain does not claim any ownership rights over the Generated Content and will not use it for any purpose other than to provide the Service, unless explicitly authorized by you.

4.3 License Grant
By using the Service, you grant TheFluxTrain a non-exclusive, worldwide, royalty-free license to process, store, and use your User Content and Generated Content solely to:

  • Deliver the Service to you.
  • Improve, debug, or enhance the platform's functionality, provided such usage is anonymized or aggregated.

4.4 Data Backup
You are responsible for maintaining backup copies of your User Content and Generated Content. While we employ reasonable measures to ensure data availability, TheFluxTrain is not liable for data loss due to system failures, user errors, or other unforeseen events.

4.5 Prohibited Content
You may not upload, generate, or use the Service for content that:

  • Violates copyright, trademark, or intellectual property rights.
  • Contains harmful, defamatory, obscene, or illegal material.
  • Promotes violence, hate speech, or discriminatory practices.

4.6 Data Retention
TheFluxTrain retains User Content and Generated Content only as long as necessary to provide the Service or comply with applicable laws. Upon account termination or deletion of specific data, your User Content and Generated Content will be permanently deleted from our systems, unless otherwise required for compliance or legal purposes.

4.7 Generated Content Usage Restrictions
While you retain full ownership of Generated Content, you are prohibited from using it in ways that:

  • Violate applicable laws or regulations.
  • Infringe on the rights of third parties.
  • Cause harm, defamation, or reputational damage to TheFluxTrain or others.

4.8 Publicly Shared Content
If you choose to publicly share Generated Content (e.g., on social media or other platforms), you are solely responsible for ensuring compliance with third-party terms and conditions where such content is shared.

4.9 Account Suspension or Termination TheFluxTrain reserves the right to suspend or terminate your account without notice if you breach any of the terms outlined in this Agreement, including, but not limited to, the misuse of the platform, violation of intellectual property rights, or uploading or generating prohibited content.

5. Prohibited Uses of the Service

5.1 Unlawful Use
You must not use the Service for any activity that violates applicable laws or regulations, including:

  • Developing AI models that generate harmful, fraudulent, or malicious outputs.
  • Conducting unauthorized experiments with sensitive or classified data.

5.2 Security Violations
You may not:

  • Attempt to hack, reverse-engineer, or disrupt the Service.
  • Introduce malware, viruses, or harmful code into the platform.

5.3 Competition
You may not use the Service to create a competing product or service.

6. Intellectual Property

6.1 TheFluxTrain’s IP
All software, tools, content, trademarks, and design elements are the intellectual property of TheFluxTrain or its licensors. Unauthorized use, copying, or distribution is strictly prohibited.

6.2 Feedback and Suggestions
By submitting feedback or suggestions, you grant us a royalty-free, perpetual, and irrevocable license to use such feedback for any purpose without compensation.

7. Fees, Payments, and Refunds

7.1 Token Purchase Plan
TheFluxTrain operates on a token-based payment system. Users purchase tokens to access various features and services offered on the Platform. Tokens are required to perform actions such as training models, generating content, or accessing other premium features. The number of tokens needed for each action will be specified on the Platform.

7.2 Payment Terms
Payments for tokens are made via the Platform’s supported payment methods, which may include credit cards, digital wallets, or other methods as indicated at the time of purchase. By purchasing tokens, you agree to provide accurate and up-to-date payment information. You authorize TheFluxTrain to charge your selected payment method for the number of tokens purchased, including any applicable taxes, fees, or other charges.

7.3 Token Pricing
Token prices are set by TheFluxTrain and may vary based on the amount of tokens purchased, the type of services accessed, or other criteria set by the Platform. TheFluxTrain reserves the right to adjust token prices at any time. You will be notified of any price changes, and they will take effect for future purchases.

7.4 Refunds for Token Purchases
Token purchases are non-refundable except where required by law. Due to the nature of digital goods, once tokens are purchased and credited to your account, they cannot be refunded or returned. If you believe there was an error in your purchase or transaction, you must notify TheFluxTrain support within 7 days from the date of purchase for an investigation. Any refund requests made after this period will not be processed.

7.5 Expiration of Tokens
Tokens purchased on the Platform have an expiration period. Tokens will expire after certain period from the date of purchase, specified by TheFluxTrain. Once the expiration date passes, any unused tokens will be forfeited, and you will not be able to access or use them. TheFluxTrain will notify users of the expiration period at the time of purchase and provide reminders before the tokens expire.

7.6 Unused Tokens
Tokens purchased are valid for use on the Platform until they are spent or they reach their expiration date. TheFluxTrain does not offer refunds for unused tokens that expire. It is the user's responsibility to ensure tokens are used before the expiration period.

7.7 Price Changes
TheFluxTrain reserves the right to change the price of tokens at any time. Users will be notified in advance of any price increase. The new token prices will apply to any future token purchases. Changes in pricing will not affect tokens already purchased.

7.8 Token Transfer and Sharing
Tokens are non-transferable and cannot be shared, sold, or exchanged with other users, unless specifically authorized by TheFluxTrain. Any attempt to transfer tokens in violation of these terms may result in the suspension or termination of your account.

7.9 Termination of Tokens
TheFluxTrain reserves the right to terminate or suspend your access to your tokens and related services if you breach these Terms of Service or engage in fraudulent activity. If your account is terminated for any reason, any unused tokens will be forfeited, and you will not be entitled to a refund for any remaining tokens.

7.10 Disputes Over Token Purchases
If you believe there has been an error in a token purchase or if you dispute any charge, you must notify TheFluxTrain within 30 days of the transaction. TheFluxTrain will review the dispute and, if necessary, take corrective actions. Failure to report the dispute within the 30-day period waives your right to dispute the charge.

8. Termination

8.1 Termination by User
You may terminate your account at any time by contacting us at Insert Email.

8.2 Termination by TheFluxTrain
We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or are required by law.

8.3 Effects of Termination
Upon termination:

  • Access to the Service will be revoked.
  • Your User Content may be deleted, except as required for legal or compliance purposes.

Here's a detailed rewrite of Section 9: Limitation of Liability:

9. Limitation of Liability

9.1 No Warranty
The Platform is provided on an "as-is" and "as-available" basis. TheFluxTrain does not make any representations or warranties, express or implied, regarding the accuracy, reliability, completeness, or suitability of the Platform or any content on it. We do not guarantee that the Platform will meet your specific needs, be uninterrupted, error-free, secure, or free of viruses or other harmful components.

9.2 No Responsibility for User Content
You are solely responsible for any content you upload, generate, or otherwise share on the Platform. TheFluxTrain is not responsible for the legality, accuracy, or appropriateness of any User Content, including both uploaded and generated content. We disclaim all liability for any issues arising from your content and its use, distribution, or interaction with third-party services or systems.

9.3 Limitation of Liability for Direct Damages
To the fullest extent permitted by law, TheFluxTrain’s liability for any direct damages arising from or related to your use of the Platform will be limited to the amount you paid to access the Platform or services during the insert time period immediately preceding the event giving rise to the claim. This limitation applies regardless of the legal theory under which the claim is made (whether contract, tort, negligence, or otherwise).

9.4 Exclusion of Indirect and Consequential Damages
In no event shall TheFluxTrain, its affiliates, employees, agents, or licensors be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, revenue, data, business opportunities, or reputation, even if we have been advised of the possibility of such damages. This exclusion applies regardless of the cause of action, whether in contract, tort, negligence, or any other legal theory.

9.5 Force Majeure
TheFluxTrain shall not be held liable for any failure or delay in the performance of our obligations under these Terms due to causes beyond our reasonable control, including but not limited to natural disasters, acts of war, terrorism, civil unrest, governmental actions, technological failures, or labor disputes.

9.6 Indemnification
You agree to indemnify, defend, and hold harmless TheFluxTrain, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Platform, including the upload or generation of content;
  • Your violation of these Terms;
  • Any third-party claims related to your content or activities on the Platform;
  • Your breach of any applicable law or regulation.

9.7 Exclusions
Nothing in this Section shall exclude or limit TheFluxTrain’s liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.

10. Disclaimer of Warranties

The Service is provided "as-is" and "as-available." TheFluxTrain disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

11. Indemnification

You agree to indemnify and hold harmless TheFluxTrain, its affiliates, and employees from claims, damages, or expenses arising from:

  • Your use of the Service.
  • Your violation of these Terms.
  • Infringement of third-party rights caused by your User Content or activity.

12. Changes to Terms

We may update these Terms periodically. Users will be notified of significant changes via email or announcements on our platform. Continued use of the Service constitutes acceptance of the revised Terms.

13. Contact Information

For any questions or concerns regarding these Terms, contact us at:

Email: saquib@zust.ai

Address: India