Terms of Service

1. Agreement to our Legal Terms

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and OuteAI, concerning your access to and use of the Services. By accessing the Services, you confirm that you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We will provide you with notice of any material changes to these Legal Terms. The modified Legal Terms will become effective upon posting or notifying you (e.g., via email). By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

2. Definitions

• "Input" means any data, text, prompts, images, audio, or other content you provide to the Services.
• "Output" means any content, text, images, audio, or other materials generated and returned by the Services in response to your Input.
• "Free User" means a user accessing the Services without a paid subscription or plan.
• "Paid User" means a user accessing the Services through a valid, paid subscription or plan.
• "Commercial Use" means any use of the Output that is directly or indirectly intended for or directed toward commercial advantage or monetary compensation.

3. User Accounts

To use most features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep this information up to date. You are responsible for safeguarding your password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to comply with these requirements.

4. Intellectual Property & Content

4.1. Our Intellectual Property

The Services, including their underlying AI models, algorithms, software, text, graphics, logos, and all other intellectual property, are the exclusive property of OuteAI and its licensors. These Terms do not grant you any right, title, or interest in the Services, other than the limited licenses expressly granted below.

4.2. Your Content (Input and User-Generated Content)

You retain all ownership rights to the content you create and upload to the Services, including any data, prompts ("Input"), definitions for AI characters, and audio samples used to create voice models (collectively, "User-Generated Content" or "UGC"). To operate and improve the Services, you grant OuteAI a worldwide, non-exclusive, royalty-free, sublicensable license to use, host, store, reproduce, modify, and display your UGC solely for the purpose of operating, providing, developing, and improving the Services for you and other users.

4.3. Voice and Character Creation Requirements

IMPORTANT: By creating a voice model or a character based on a real person, you expressly represent and warrant that you have obtained the explicit, informed, and legally valid consent of the individual whose voice or likeness is being used.

Using a person's voice or likeness without their unambiguous permission is a serious violation of these Terms and may be illegal. You agree to bear all liability for any claims arising from any content you create.

4.4. Generated Content (Output)

Subject to your full compliance with these Legal Terms, OuteAI hereby assigns to you all its right, title, and interest in and to the Output you generate. This means you can use the Output for any purpose, including Commercial Use, provided your use does not violate these Terms or any applicable laws.

4.5. Content Similarity and Disclaimer

Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar Output for you or other users. You acknowledge that other users may receive similar or identical Output in response to their own prompts. OuteAI makes no representation or warranty that any Output you generate is unique or that it will not infringe on the rights of a third party. You are solely responsible for ensuring your use of the Output is lawful.

4.6. Feedback

If you provide us with any feedback, ideas, or suggestions regarding the Services ("Feedback"), you agree that we are free to use such Feedback for any purpose without any obligation or compensation to you. You hereby grant OuteAI a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate your Feedback into our Services.

5. Acceptable Use Policy

You agree not to use the Services for any purpose that is illegal or prohibited by these Terms. You are solely responsible for your conduct and any Input or UGC you provide or Output you generate. You agree not to:

• Use the Services in any way that violates any applicable local, national, or international law or regulation.
• Generate, upload, or disseminate any content that depicts, promotes, or involves the sexual abuse or exploitation of minors. This is a zero-tolerance policy.
• Generate or disseminate content that is illegal, harmful, harassing, defamatory, obscene, pornographic, hateful, or promotes violence, discrimination, sexual violence, or self-harm.
• Generate or disseminate misinformation, disinformation, or spam.
• Infringe upon, violate, or misappropriate the intellectual property, privacy, publicity, or other legal rights of any third party. This specifically includes creating a character or voice model based on a real person without their explicit, verifiable consent.
• Attempt to discover the source code, underlying components, models, or algorithms of the Services.
• Use the Output to develop, train, or improve any other artificial intelligence or machine learning models that compete with OuteAI.
• Interfere with or disrupt the integrity or performance of the Services, including probing, scanning, or testing the vulnerability of our systems, or attempting to bypass any security measures.
• Use any automated means like robots, spiders, or scrapers to access the Services for any purpose without our express written permission.
• Use the Services to create content that could give rise to civil or criminal liability, or that impersonates any person or entity without authorization.

We reserve the right, in our sole discretion, to suspend or terminate your account and refuse any and all current or future use of the Services for any violation of this policy, without notice.

5.1. Reporting Violations

We rely on our users to help us maintain a safe and legal platform. If you believe any content on OuteAI violates our terms, infringes on your copyright, or violates your privacy, please report it to us immediately.

To submit a report, please use our Contact Form and include the following information in your message:

• The URL of the character or content you are reporting.
• The reason for your report (e.g., "Copyright Infringement," "Harassment," "Impersonation," "Violation of Acceptable Use Policy").
• A brief description of why you believe the content is in violation.
• Your contact information (email address).

For copyright infringement claims (DMCA notices), please ensure your report also includes a statement that you are the copyright owner or are authorized to act on their behalf, and a statement made under penalty of perjury that the information is accurate.

We will review all reports and take appropriate action, which may include removing the content and terminating the user's account.

6. Fees, Payments, and Subscriptions

Certain features of the Services are available only through the purchase of a subscription or credits ("Paid Services").

• Billing: We use a third-party payment processor (Stripe) to bill you. By providing a payment method, you authorize us and our processor to charge you for the Paid Services. You agree to provide current, complete, and accurate purchase and account information.
• Subscriptions & Automatic Renewal: If you purchase a subscription, it will automatically renew at the end of each subscription period for the same duration and at the then-current price, unless you cancel it prior to the renewal date through your account settings. TO AVOID FUTURE CHARGES, YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE RENEWAL DATE.
• Price Changes: We reserve the right to change our prices. We will provide you with reasonable notice of any price changes (e.g., via email or a notice on our Site) before they become effective.
• Refunds: All payments are non-refundable to the fullest extent permitted by law. We do not provide refunds or credits for any partial subscription periods or unused credits, unless required by law.
• Taxes: You are responsible for all applicable taxes, and we will charge tax when required to do so.

7. Term and Termination

These Terms are effective until terminated by you or us. You may terminate these Terms at any time by closing your account and ceasing to use the Services. We may, in our sole discretion, suspend or terminate your access to the Services at any time, for any reason, including for a violation of these Terms. Upon termination, your right to use the Services will immediately cease, but 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.

8. Third-Party Services

The Services may contain links to or integrate with third-party websites, products, or services that are not owned or controlled by OuteAI. We do not endorse or assume any responsibility for any such third-party services. Your use of third-party services is at your own risk and subject to the terms and policies of the third party.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, OUTEAI AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

OUTEAI DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE; (B) THE OUTPUT WILL BE ACCURATE, COMPLETE, OR RELIABLE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THE SERVICES WILL MEET YOUR REQUIREMENTS. THE OUTPUT IS GENERATED BY ARTIFICIAL INTELLIGENCE AND MAY BE INACCURATE, OFFENSIVE, OR NOT FIT FOR YOUR INTENDED PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND EVALUATING THE SUITABILITY, ACCURACY, AND LEGALITY OF ANY OUTPUT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUTEAI, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.

UNDER NO CIRCUMSTANCES WILL OUTEAI'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT OF FEES YOU PAID TO OUTEAI IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF OUTEAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

11. Indemnification

You agree to defend, indemnify, and hold harmless OuteAI, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of these Legal Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your Input or use of Output caused damage to a third party. This defense and indemnification obligation will survive the termination of these Terms and your use of the Services.

12. Dispute Resolution & Governing Law

12.1. Governing Law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of Lithuania, without regard to its conflict of law principles.

12.2. Informal Negotiation

To expedite resolution and control the cost of any dispute, you and OuteAI agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any court proceeding. Such informal negotiations commence upon written notice from one party to the other.

12.3. Exclusive Jurisdiction

If informal negotiations are unsuccessful, any legal action or proceeding arising under these Legal Terms will be brought exclusively in the courts located in Vilnius, Lithuania, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

12.4. Class Action Waiver

YOU AND OUTEAI 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.

13. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and OuteAI concerning the Services and supersede all prior or contemporaneous communications.
• Severability: If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
• No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
• 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 freely assign or transfer these Terms without restriction.

14. Contact Information

If you have any questions about these Legal Terms, please contact us:

OuteAI
Via our contact form