Thank you for using the Zoltanna service (the “Service” or “Services”). These Terms of Service (the “Agreement”) explain what rights you have with respect to images and other assets which you might generate with the Service, or prompts you might enter into the Service (collectively, the “Assets”), your use of the Services, and other important topics like arbitration. Please read it carefully. Our Privacy Policy outlines how We handle your data.

This Agreement is entered into by WhatsGoodApps LLC (“WhatsGoodApps,” “We,” “Us,” or “Our”) and the entity or person agreeing to these terms (the "Customer," “You” or “Your”) and govern the Customer's access to and use of the Services.

This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the "Effective Date") or to receive or distribute Assets. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If You do not agree to this Agreement, please stop using the Services.

1. Service Availability and Quality

We are constantly improving the Services to make them better. The Services are subject to modification and change, including but not limited to the art style of Assets, the algorithms used to generate the Assets, and features available to the Customer. No guarantees are made with respect to the Services’ quality, stability, uptime or reliability. Please do not create any dependencies on any attributes of the Services or the Assets. We will not be liable to You or Your downstream customers for any harm caused by Your dependency on the Service.

2. Age Requirements

By accessing the Services, You confirm that You are at least 13 years old and meet the minimum age of digital consent in Your country. If You are old enough to access the Services in Your country, but not old enough to have authority to consent to Our terms, Your parent or guardian must agree to Our terms on Your behalf. In such case, please ask Your parent or guardian to read these terms with You.

If You are a parent or legal guardian, and You allow Your teenager to use the Services, then these terms also apply to You, and You are responsible for Your teenager’s activity on the Services.

We try to make the Services PG-13 and family friendly, but the Assets are generated by an artificial intelligence system based on user inputs. This is new technology and it does not always work as expected. No guarantees are made as to the suitability of the Assets for the Customer.

3. Your Information

By using the Services, You may provide Us with personal information like Your email address, user name, billing information, birthdate, and other information that You enter. Please see Our Privacy Policy.

4. Copyright and Trademark

Rights You give to WhatsGoodApps

By using the Services, You grant to WhatsGoodApps, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute text, and image prompts You input into the Services, or Assets produced by the service at Your direction. This license survives termination of this Agreement by any party, for any reason.

Your Rights

Subject to the above license, You own all Assets You create with the Services, provided they were created in accordance with this Agreement. We make no representations or warranties with respect to the current law that might apply to You. Please consult a lawyer if You want more information about the state of the current law in Your jurisdiction.

5. Dispute Resolution and Governing Law

ALL LEGAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE AGREEMENT) ("Dispute") WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, USA, EXCLUDING NEW YORK’S CONFLICTS OF LAWS RULES.

The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association in accordance with its Expedited Commercial Rules in force as of the date of this Agreement ("Rules"). The parties will mutually select one arbitrator. The arbitration will be conducted in English in New York County, New York, USA.

Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement.

The arbitral award will be final and binding on the parties, and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.

6. Prohibited Uses

We reserve the right to suspend or ban Your access to the Services at any time, and for any reason.

You may not:

• Use the Services for competitive research;
• Reverse engineer the Services or the Assets;
• Use automated tools to access, interact with, or generate Assets through the Services;
• Share Your account (only one user may use the Services per registered account);
• Violate these Terms of Service or other policies applicable to the Services;
• Include in any Assets any sensitive personal information (such as phone numbers, residential addresses, health information, social security numbers, driver's license numbers, or other account numbers) about yourself or any other person;
• Violate the privacy, publicity, or other rights of any third party;
• Further or promote criminal activity or enterprise or provide instructional information about illegal activities;
• Generate any Assets or engage in any sharing of Assets that a reasonable person could find obscene, lewd, lascivious, offensive, pornographic, indecent, vulgar, prurient, excessively violent, or to be a glorification or promotion of violence or a celebration of the suffering or humiliation of any person or class of people (whether living or deceased) (including visible genitalia, bare breasts, fully-nude buttocks, depictions of suicide or explicit sexual activity, fetishistic content, bodily fluids, bestiality, or imagery that shows violent death or acts of torture);
• Generate any Assets or engage in any sharing of Assets that have any risk or possibility of exploiting, harming, or endangering the health or well-being of children or other minors ("Children"), such as images of Children in sexualized costumes, poses, or a sexual fetishistic context, or which identifies, directly or indirectly, alleged victims of child sexual exploitation, or for the purpose of exploiting, harming or attempting to exploit or harm Children in any way;
• Generate any Assets or engage in any sharing of Assets that may exploit any vulnerabilities, offend human dignity or may otherwise be defamatory, libelous, harassing, threatening, embarrassing, disparaging, distressing, hateful — racially, ethnically, or otherwise — to a person or class of people, or which may be discriminatory towards a person's or class of people's race, religion, color, age, ethnicity, national origin, disability, physical, or mental characteristics, sexual orientation, gender expression, gender identity, family status, medical or genetic condition, personality characteristics, or physical appearance, including through the material distortion of the behavior of any such person or class of people in a manner that causes or is likely to cause that person or class of people physical or psychological harm;
• Use the Services or any Assets to stalk, harass, abuse, mock, ridicule, intimidate, disparage, defame, threaten, defraud, or otherwise mistreat or harm any person or class of people;
• Generate any Assets or engage in any sharing of Assets that are intentionally misleading, false, or otherwise inappropriate or with the purpose of harming others, regardless of whether the Assets or their dissemination is unlawful;
• Upload any Assets that: (i) infringe any intellectual property or other proprietary rights of any party; (ii) You do not have a right to upload under any law or under any contractual or fiduciary relationship;
  Upload any material, program, or software that contains any virus, worm, spyware, Trojan horse or other program or code designed to interrupt, destroy or limit the functionality of the Services, launching a denial of service attack, or in any other way attempting to interfere with the functioning and availability of the Services;
  Interfere with or disrupt the Services or servers or networks connected to the Services;
• Access or otherwise obtain any materials or information through any means not intentionally made available or provided for by Us to You through the Services;
• Use the Services (a) for fully automated decision making that adversely impacts an individual's legal rights or otherwise creates or modifies a binding, enforceable obligation; (b) to provide medical advice or medical results interpretation; or (c) generate any Assets or engage in any sharing of Assets used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use);
• Use the Services in any way that violates any applicable national, federal, state, local or international law or regulation; or
• Attempt to do any of the above.

The Services may block certain text prompts and blur resulting Assets if We find (in Our sole judgment) the prompt or resulting image too graphic, offensive, insensitive, or hurtful, even in circumstances where You may not have had any ill intent or where the Assets do not otherwise violate the prohibitions described above. We may also block text prompts or block or remove Assets that We otherwise find objectionable or that We believe in Our reasonable judgment may expose Us or others to any harm or liability.

We reserve the right to investigate complaints or reported violations of Our Terms of Service and to take any action We deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

7. Limitation of Liability

Both the Services and the Assets are provided to Customer on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Assets and assume any risks associated with use of the Services.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WHATSGOODAPPS NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, LICENSORS, SERVICE PROVIDERS, AFFILIATES AND AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, 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 WHATSGOODAPPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES OR ANY RELATED INFORMATION; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY ASSETS; (C) CONDUCT OF ANY THIRD PARTY (INCLUDING OTHER USERS) OF THE SERVICES; OR (D) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL WHATSGOODAPPS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE PRICE YOU PAID FOR THE AMOUNT OF CREDITS CONSUMED BY THE SERVICE IN THE LAST TWELVE (12) MONTHS. IF YOU ARE MERELY DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

8. Indemnification

You will indemnify, defend and hold harmless WhatsGoodApps and its affiliates, shareholders, officers, directors, employees, agents and representatives from and against any and all claims, including all damages, judgments, costs and expenses (including, reasonable attorneys' fees) ("Claims"), arising out of and relating to (a) intellectual property infringement Claims concerning Assets input by You, (b) Your use of the Services, including Your access to, use of, or misuse of the Services or Assets, or (c) Your violation of these Terms of Service (including use of the Services in violation of these Terms of Service).

9. Force Majeure

Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots or war.

10. Waiver and Severability

If You do not comply with a portion of these Terms and We do not take action right away, this does not mean We are giving up any of Our rights under these Terms. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or arbitrator, the remainder of the Terms shall be enforced to the maximum extent permitted by law.